(NAR) VOL. 5 NO. 2/APRIL-JUNE 1994

[ OWWA MEMORANDUM OF INSTRUCTIONS NO. 004-94, February 17, 1994 ]

REVISING MOI NO. 061, SERIES OF 1989 AND MOI NO. 123, SERIES OF 1991, PROVIDING GUIDELINES ON THE BURIAL ASSISTANCE PROGRAM FOR BENEFICIARIES OF OVERSEAS CONTRACT WORKERS



For the purpose of implementing Board Resolution No. 109 dated 03 June 1991 authorizing the increase in the amount of burial assistance to beneficiaries of overseas contract workers, the following guidelines are hereby set:

1
NATURE

The Burial Assistance Program is a monetary assistance extended to beneficiaries of OCWs, landbased and seabased to help beneficiaries defray OCWs burial and other related expenses. The assistance is over and above similar and other benefits due the OCWs under the overseas employment contract.

2
COVERAGE

Covered by this program are deaths of OCWs, including Balik-Manggagawa who are paying for the premiums of their insurance coverage deaths by presumption in the case of seamen officially reported as "missing at sea", that occurred on or after 01 May 1982 during employment overseas or within six months after termination of overseas employment/arrival from abroad. Deaths occurring beyond the six-month period may be covered under this Program as special cases where they meet the criteria hereunder set.

3
AMOUNT OF ASSISTANCE

The amount of P10,000 shall be granted for deaths occurring on or after January 1, 1989 whereas the amount of P5,000 shall be granted for deaths occurring from May 1, 1982 to December 31, 1988. The latter amount shall be applied also to seamen who are declared missing and presumed dead within the period May 1, 1982 to June 30, 1991, and deaths that occur after six months from termination of overseas employment/arrival from abroad provided these are approved as special case. The amount of burial gratuity is increased to P10,000 effective, July 1, 1991 for the above-cited instances

Beneficiaries of Balik-Manggagawa OCWs who are entitled to insurance benefit and are covered by this program will be granted burial assistance of P10,000.00

4
ENTITLEMENT

To be entitled to the Burial Assistance Program, beneficiaries should show proof that the deceased had at least one (1) recorded contribution to the OWWA fund and the OCW is not covered by the OWWA insurance program that commence on July 1, 1991.

5
SPECIAL CASES

Deaths occurring beyond the six-month period will be considered as special cases, if any of the following criteria/conditions is met:

a.         deaths caused by an illness or injury suffered abroad or deaths caused by contract-related illness or injury;

b.         poverty or indigency of the deceased OCW's family as confirmed by OWWA's investigation;

c.         OCW's family has not availed of any monetary benefit from OWWA at the time of application for the burial gratuity.

6
BENEFICIARIES

The following are the beneficiaries of the Burial Assistance Program in the order of priority:

a.         Surviving Spouse
b.         Children
c.         Parents

In the event that a member of the family other than any of those aforementioned defrayed the burial expenses, he or she shall receive the monetary assistance upon presentation of proof/s acceptable to OWWA.

7
HOW TO APPLY

Claimants are required to accomplish and to submit the application forms personally or by mail to the Social Benefits of the OWWA Secretariat and/or to the nearest Regional OWWA Units. Application forms are available at the abovementioned offices.

Claimants should attach two copies of the following documents to the accomplished application forms:

a.  Original and xeroxed copies of death certificate;

b.  In case of seamen who are officially reported as "missing at sea" and presumed dead, official report from manning agent/shipowner/charterer or Philippine foreign mission;

c.   For claimants who belong to tribal/cultural communities, joint affidavit of two (2) disinterested persons who administered burial rites in order to establish death of OCW. In lieu of birth/marriage certificate, a joint affidavit of disinterested persons in the community may be submitted to establish relationship of claimant to the deceased.

d.   Employment contract or Notice of Employment (NOE) or Travel Exit Pass (TEP) or Overseas Employment Certificate (OEC) or Information Sheet of deceased OCW as processed and approved by the Philippine Overseas Employment Administration (POEA);

e.  Passport in the case of land-based OCW, Seaman Service Record Book (SSRB) in the case of seamen or Certificate of period of overseas employment issued by either local or foreign employer.

f.  Any of the following documents:

f.1
Marriage certificate of spouse and deceased OCW, if claimant is the surviving spouse.
f.2
Birth certificate, of child/children and death certificate of deceased spouse, if claimant/s is/are surviving child/children.
f.3
Birth certificate of the deceased OCW and any proof that he/she had no spouse and children, if claimants are parents. In the absence of birth certificate the following must be submitted:
- certificate from the Local Civil Registrar that the fact of birth is not recorded in the civil registry;
-  baptismal certificate duly certified by the parish priest/office; and
-  affidavit of two (2) disinterested persons on claimant's relationship to the deceased.


g.  1" x 1" I.D. pictures of the claimant (2 copies)

h.   Medical certificate issued by attending physician or Investigation Report re indigency of the deceased OCW's family, whichever is applicable for special cases.

8
CONTESTS ON CLAIMS

Any question or contest on claims between or among beneficiaries shall be adjudicated by the Legal Department of the OWWA Secretariat, whose decision for the Burial Assistance Program shall be fine and executory.

9
EFFECTIVITY

This MOI supersedes MOI No. 061, series of 1989 and MOI No. 123, series of 1991, and shall take effect immediately.

 Adopted: 17 Feb. 1994

(sgd.) DAVID P. CORPIN
Administrator


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