Department of Migrant Workers Now Operational
The Department of Migrant Workers has officially begun its initial operations, following its lawful creation under Republic Act 11641. Despite some confusion over legal phrasing, the law’s intent is clear: the department was duly established the moment the act took effect on February 3, 2022.
This clarification resolves the seeming contradiction in the law’s wording. Sections 4 and 19 of RA 11641 explicitly state that the department “is constituted” by merging several agencies. Meanwhile, Section 23’s language, stating “shall not be constituted,” refers not to its legal formation, but rather to operational funding and transitional activities. Therefore, there is no legal conflict—only a need for interpretation based on legal principles.
Understanding the Legal Foundation
According to legal doctrine, specific provisions override general statements. Sections 4 and 19 clearly identify the agencies consolidated into the Department of Migrant Workers, while Section 23 outlines transitional processes. Thus, the department legally exists and operates, even if full implementation is still in progress.
The phrase in Section 23 recognizes the time needed to complete the merger of absorbed agencies. The law also outlines an “initial implementation” phase, during which operational authority is granted to existing personnel in hold-over roles, as mentioned in Section 21(a). Funding provisions under Section 26 ensure that the department can function during this phase.
What Agencies Were Merged?
The creation of the Department of Migrant Workers involved merging the following seven agencies into one cohesive entity:
- Philippine Overseas Employment Administration (POEA)
- Office of the Undersecretary for Migrant Workers’ Affairs (OUMWA – DFA)
- Philippine Overseas Labor Offices (POLO – DOLE)
- International Labor Affairs Bureau (ILAB – DOLE)
- National Reintegration Center for OFWs (NRCO – OWWA)
- National Maritime Polytechnic (NMP – DOLE)
- Office of the Social Welfare Attaché (OSWA – DSWD)
These agencies are no longer operating independently or under their former departments. All their duties and functions are now under the jurisdiction of the new department.
Secretary’s Authority During Transition
Even while full implementation is underway, the Secretary of the Department of Migrant Workers is empowered to lead and manage. RA 11641 allows the Secretary to exercise executive powers during the transition. This includes supervising all merged offices and enforcing policies from the previous POEA framework.
Legal guidelines state that unless explicitly prohibited, actions necessary for public service may proceed. As such, the Secretary can act within the scope of the law to ensure that the department continues to serve OFWs without disruption.
Department of Migrant Workers Leads the Way
This legal interpretation assures the public that the Department of Migrant Workers is not in limbo. It is fully constituted, already performing vital tasks, and steadily progressing toward full operational capacity. The transition period serves only to align processes—not to halt them.
Any refusal to acknowledge the Secretary’s authority from within the merged agencies is subject to legal consequences. As the law makes clear, the department’s existence and authority are not up for debate.
For more updates about Department of Migrant Workers (DMW), visit Filipinokami.com.
Source: DMW Advisory No. 02, s. 2022