To pay the insurance & 24 months salaries of 5 OFWs killed & 8 survivors in NLEX mishap

To pay the insurance benefits/ claims and the twenty four (24) months salaries of the five (5) overseas Filipino workers (OFWs) killed and eight (8) survivors in North Luzon Expressway (NLEX) mishap

ATTENTION:

Mrs. Josefina Flores, the mother of 32-year-old OFW Mila Flores who was killed; and the bereaved families of the other four (4) fatalities;

Mr. Mark Anthony Jonson, brother of OFW Jessamarr Jonson who luckily a survivor; and the other seven (7) victims - survivors; and

Other OFWs and or their family members who are in similar situations!

The recruitment agencies:

First Personnel Services, Inc.; and

Sir Prince Global Services, Inc.

PAGING OFW welfare crusader "Original Filipino nationalist music icon" FERDINAND 'FREDDIE' PASCUAL AGUILAR, "Ang Tunay na Boses ng Masa at mga Katutubo."

IGLESIA NI CRISTO (INC) [CHURCH OF CHRIST] Executive Minister Brother EDUARDO V. MANALO, Special Envoy for OFW!

For Philippine Overseas Employment Administration (POEA) administrator Bernard P. Olalia to now order the concerned recruitment agency/ies (First Personnel Services, Inc. and Sir Prince Global Services, Inc.) to completely settle the insurance claims/ benefits and also fully pay the 24 months salaries (for unserved or unexpired portions of the individual contracts) of the 5 OFWs - fatalities and the other 8 survivors of the 23 March 2019 vehicular accident in NLEX which must be made payable to the deceased's respective families and the survivors themselves.

The 5 OFWs who were untimely killed in said accident in NLEX plus the other 8 OFW survivors - victims of the same circumstance, all of whom were catching up for their flight abroad, are ALL entitled to be completely paid of their insurance claims/ benefits and of their respective salaries for unserved or unexpired portions of their individual 24 - month employment contracts!

The reason is plain and simple: These OFWs and their particular/ respective recruitment agencies had already signed and executed their individual 24 - month job contracts which covenants had taken effect on the date/s of signing.

In addition, insurance policies of the aforementioned OFWs had already been on time paid and secured.

Sadly, the financial assistance that was "facilitated" by First Personnel Services, Inc. and Sir Prince Global Services, Inc. and handed/ coursed through or turned over by Overseas Workers Welfare Administration (OWWA) administrator Hans Leo J. Cacdac and Department of Labor and Employment (DOLE) secretary Silvestre Hernan Bello III to each family of the 5 OFWs - fatalities and the promised livelihood and cash assistance to the orphaned children of those deceased and the other 8 OFW survivors - victims might possibly be misconstrued or interpreted as merely "lip service," cover up or camouflage as to what are actually their bereaved families and these said survivors - victims should have immediately received.

Truth is, these 5 OFW - fatalities and 8 survivors are ALL completely and individually compulsorily covered and protected by INSURANCE POLICY/IES.

And of/ by OWWA membership!

The huge question is, "WHERE NOW IT IS?" (Is there a need for congressional probe or Senate inquiry?)

In fairness to the aforementioned responsible officials of the Philippine government agencies, namely OWWA admin Cacdac and DOLE sec Bello, they are well deserved to be hailed for the quick response that they had initially made and the "facilitation" of fast assistance which they had both committed or granted.

But more accolades and praises the tandem certainly shall reap and they surely be conscientiously and genuinely more relieved if this time, they would closely coordinate or work hand in hand with Philippine Overseas Employment Administration (POEA) administrator Bernard P. Olalia for POEA to now order the concerned recruitment agency/ies (First Personnel Services, Inc. and Sir Prince Global Services, Inc.) to completely settle all the insurance claims/ benefits and also fully pay the 24 months salaries (for unserved or unexpired portions of the contracts) of the 5 fatalities and the other 8 survivors of the said accident which must be made payable to the said deceased's respective families and the survivors themselves.

Hereunder are the legal grounds, bases and jurisprudence of the insurance claims/ benefits and for unserved or unexpired job contracts of the individual fatalities and survivors - victims:

(I) - Republic Act No. 10022 (An Act amending Republic Act No. 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, as amended, further improving the standard of protection and promotion of the welfare of Migrant Workers, their Families and overseas Filipinos in Distress, and For Other Purposes)

Section 23. A new Section 37-A. of Replublic Act No. 8042, as amended, is hereby added to read as follows:

"SEC. 37-A. Compulsory Insurance Coverage for Agency-Hired Workers. - In addition to the performance bond to be filed by the recruitment/manning agency under Section 10, each migrant worker deployed by a recruitment/manning agency shall be covered by a compulsory insurance policy which shall be secured at no cost to the said worker. Such insurance policy shall be effective for the duration of the migrant worker's employment and shall cover, at the minimum:

"(a) Accidental death, with at least Fifteen thousand United States dollars (US$10,000.00) survivor's benefit payable to the migrant worker's beneficiaries;

"(c) Permanent total disablement, with at least Seven thousand five hundred United States dollars (US$7,500.00) disability benefit payable to the migrant worker. The following disabilities shall be deemed permanent: total, complete loss of sight of both eyes; loss of two(2) limbs at or above the ankles or wrists; permanent complete paralysis of two (2) limbs; brain injury resulting to incurable imbecility or insanity;

(II) - Sameer Overseas Placement Agency Inc., Petitioner vs. Joy C. Cabiles, Respondent, G.R. No. 170139, August 5, 2014.

https://lawphil.net/judjuris/juri2014/aug2014/gr_170139_2014.html

In this above - cited case, Contract of Employment entered into by and between petitioners and private respondent was executed here in the Philippines with the approval of the Philippine Overseas Employment Administration (POEA). Hence, the Labor Code together with its implementing rules and regulations and other laws affecting labor apply in this case.

Furthermore, settled is the rule that the courts of the forum will not enforce any foreign claim obnoxious to the forum's public policy. Here in the Philippines, employment agreements are more than contractual in nature. The Constitution itself, in Article XIII, Section 3, guarantees the special protection of workers, to wit:

"The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all."

It is in this wise that Associate Justice Marvic Mario Victor F. Leonen, in part had declared when he decided in this instant case: "This case involves an overseas Filipino worker with shattered dreams. It is our duty, given the facts and the law, to approximate justice for her;"

(III) - Escrow deposit is expressly provided for under Section 96 B5 of the Revised POEA Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016 which states that Foreign Placement Agencies (FPAs) hiring Domestic Helpers (DHs) shall be required to put up and maintain an escrow account with a bank authorized by the Bangko Sentral ng Pilipinas to handle trust accounts with deposit in the amount of Fifty Thousand United States Dollars (US$50,000.00). The escrow deposit shall answer for all valid and legal claims arising from violations of contracts of employment.

http://www.poea.gov.ph/agency/files/Licensing_2016_POEA%20Rules_Landbased.htm

(IV) - No. 9 (Submission of Post - Qualification Requirements) of Letter A. APPLICATION of Rule II - Issuance of License of PART II - LICENSING AND REGULATION of 2016 Revised POEA Revised Rules and Regulations Governing The Recruitment and Employment of Seafarers, specifically letter (f) states that "An escrow deposit agreement with a bank authorized by Bangko Sentral ng Pilipinas to handle trust accounts, with deposit in the amount of One Million Pesos (PhP1,000,000.00).

The escrow deposit shall answer for all valid and legal claims arising from contracts of employment and violations of the conditions for the grant and use of the license, including fines imposed by the Administration.

The escrow shall likewise guarantee compliance with prescribed recruitment procedures, rules and regulations, appropriate terms and conditions of employment and relevant issuances of the DOLE.

The escrow deposit shall not be sourced out from the capitalization requirement."

www.poea.gov.ph › 2016 Rules Seabased

All of the above enumerated monetary claims and benefits from the recruitment agency/ies which the heirs - beneficiaries or families of the deceased and survivors - victims themselves shall further receive are clearly separate and distinct from whatever money claims and compensations for damages they would also claim from the operators and or drivers of vehicles which got involved in this unfateful event.

The subject newsstory is herein reproduced:

DOLE gives P200k each to families of 5 OFWs killed in NLEX accident

https://www.gmanetwork.com/news/pinoyabroad/news/689741/dole-gives-p200k-each-to-families-of-5-ofws-killed-in-nlex-accident/story/

March 30, 2019 

The Labor Department has extended cash assistance to each of the five overseas workers who died in a road accident last March 23 on North Luzon Expressway.

Super Radyo dzBB's Mao dela Cruz reported Saturday that Department of Labor and Employment (DOLE) Secretary Silvestre Bello III and Overseas Workers Welfare Administration (OWWA) Administrator Hans Leo Cacdac lead the awarding of P200,000 for each of the families of the five OFW fatalities.

Aside from the cash assistance, the children of the five OFWs are entitled to livelihood assistance, Bello was quoted in the report as saying.

Also, the eight wounded OFW victims are entitled to livelihood and cash assistance, Bello added.

Five OFWs who were catching up for their flight abroad were among the six people killed, and eight  others were among the nine hurt in the road accident on the portion of the North Luzon Expressway in Apalit, Pampanga on March 23.

Police said the van the victims were riding flipped over on the northbound lane of the NLEX viaduct in Barangay Tabuyoc around 12:30 p.m. when one of its tires blew off.

It hit a truck before flipping over, throwing some of the passengers out of the vehicle and into an area under the viaduct.

The OFWs on the van were rushing to catch up for their flights abroad from the Clark International Airport. —LBG, GMA News
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DOLE provides aid to kin of OFWs killed in NLEX road crash

http://www.pna.gov.ph/articles/1065963

by Ferdinand Patinio  
March 29, 2019

MANILA -- The families of the five overseas Filipino workers (OFWs) who died in a road mishap at the North Luzon Expressway (NLEX) in Pampanga last week got financial assistance from the government on Friday.

Department of Labor and Employment (DOLE) Secretary Silvestre Bello, Overseas Workers Welfare Administration (OWWA) Administrator Hans Cacdac and the officials of the First Personnel Services, Inc. and Sir Prince Global Services, Inc., facilitated the release of the PHP200,000 cash assistance to each of the families of the victims, four of whom are husbands of the victims while the other one is the mother of the one of the OFWs.

“Plus, they are entitled to livelihood assistance and then again their children, if there are any, will be covered with the scholarship program,” Bello said after the awarding of financial assistance at his office in Manila.

With this, Bello added that the eight other victims that were injured in road accident last March 23, that are being treated at a hospital in San Fernando, Pampanga are also entitled to cash and livelihood assistance.

“And just like any other OFW, as part of the reintegration program, 'yung mga anak nila kung meron ma-cover ng scholarship program ng OWWA. Up to college yan (their children will be covered by scholarship program from OWWA, if any. That is up to college),” the DOLE chief added.

Josefina Flores, mother of 32-year-old Mila Flores, one of the victims of the fatal road mishap, expressed gratitude to the government and the recruitment agencies for the financial and livelihood assistance.

“Nagpapasalamat po kami sa lahat ng tulong (We are thankful for this aid),” she said, adding that the cash assistance will be used to acquire a property in Pozzorubio, Pangasinan, where they reside.

Also, part of it will be allotted for the education of the five children left behind by her daughter, who is a first time OFW.

The young Flores was employed as a household service worker in the Kingdom of Saudi Arabia.

The victims were aboard a van on the way to the Clark International Airport to catch their flight when the tire of their vehicle blew out along the NLEX.

The impact of the blown tire caused the door of the van to open, resulting in some passengers being thrown out of the vehicle. (PNA)

Note: In case any or all bereaved families of those deceased OFWs and the survivors - victims themselves are NOT appropriately and timely completely settled of their insurance claims/ benefits and are also NOT fully paid of salaries equivalent to 24 months as stipulated in the job contracts, all concerned may please communicate to herein petitioner, Tirso Jr. Nieva Paglicawan, Founder/ Chairman, SERBISYO OFW WORLDWIDE (SOW), tirsonievapaglicawanjr@gmail.com (email address)/ Editor-In-Chief, The Market Monitor, marketmonitor.com.ph for immediate appropriate action!

If necessary/ requested, we shall provide competent lawyers to provide legal assistance!