Govt must pay for repatriating remains of undocumented OFWs, says Bayan HK chair

 

Lina Realiza was finally brought home on Oct 10, 18 days after she succumbed to heart attack

Philippine laws explicitly provide that the government must shoulder the cost of repatriating the remains of undocumented overseas Filipino workers, according to Bayan Hong Kong and Macau chairperson Eman Villanueva.

Villanueva made the statement in a Facebook post on Friday, Oct 16, in the wake of a controversy that erupted after The SUN reported that it took a community of friends to raise the HK$42,000 needed to repatriate the remains of Lina Doculan Realiza, who died a few weeks after losing a bid to overturn Hong Kong Immigration’s rejection of her asylum application.

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According to Lina’s daughter Grace, she personally appealed to the Overseas Workers Welfare Administration office in Hong Kong for help, but was told that they could not cover the cost of repatriation. The most they could expect to get was Php20,000 in burial assistance, but even that would take time.

Lina’s body was flown home on October 10, more than a month after a cardiac arrest left her comatose in hospital. She never regained consciousness until she passed away on September 22, aged 52.

PINDUTIN ITO PARA SA DETALYE

By then, she had spent more than 23 years working as a domestic helper in Lebanon and Hong Kong. A failed claim against her employer who terminated her contract resulted in Lina overstaying her visa in 2023, then filing for non-refoulement or asylum in September 2024.

Meanwhile, a few hours before Lina was to be laid to rest in her hometown of Sta. Maria, Pangasinan on Thursday, representatives from the Overseas Workers Welfare Administration visited her wake and presented two cheques totaling Php50,000 to her family.

2 OWWA checks amounting to Php50,000 in total were handed to Lina's family on day of her burial 

DMW Secretary Hans Cacdac has also reached out personally to the deceased’s daughter, Grace, but it is unclear as of this writing whether further financial help would be extended.

But Villanueva and his fellow migrant rights advocates said this is not enough, as several laws, including the so-called Magna Carta of Labor Law (Republic Act No. 8042 (as amended by R.A. No. 10022) specifically provide that “if an OFW becomes undocumented (irregular), the Philippine government will fully shoulder the cost of repatriating their remains.”

Basahin ang detalye!

Even the more recent Department Order 02/2025 of the DMW which specifies the use of its Aksyon (Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan) Fund provides that the burial or cremation and/or shipment of remains of an undocumented OFW can be funded from the Fund.

Dolores Balladares, chairperson of Unifil-Migrante, also released a statement criticizing the failure of the Philippine Consulate, the DMW and OWWA to help Lina, despite boasting of the millions of pesos they have handed out to distressed migrants through the Aksyon Fund, and spending hundreds of thousands of dollars on events at Chater Road.

DMW photo shows how much was distributed to 42 OFWs from the Aksyon Fund

“Hindi usapin kung may dokumento o wala ang ating kababayan, may Assistance to Nationals, may Migrant Workers Office, nasaan ang DMW & OWWA Combined Budget: ₱11.745 billion, ang OWWA Allocation funds na ₱4.2 billion (supporting emergency repatriation, welfare programs like Alagang OWWA, at worker caravans) meron pang AKSYON Fund & Emergency Repatriation,” said Balladares.

(It does not matter if our fellow Filipino is documented or not. There is Assistance to Nationals, Migrant Workers Office…where is the combined budget of DMW & OWWA of Php11.745 billion? The OWWA Allocation Fund worth Php4.2 billion? There is also the AKSYON Fund and emergency repatriation).

Both Villanueva and Balladares took exception to their being clapped back by fellow OFWs argued that  OWWA benefits only accrue to those with updated OWWA membership, meaning, they must be documented OFWs. They also said OWWA is not the agency tasked with repatriation.

Eman says the Phl govt has full responsibility to cover repatriation costs of undocumented OFWs

Villanueva said this is not entirely true. "The family of an OFW who was not an OWWA member at the time of death “is still fully covered for the free repatriation of the remains back to their home province, but they may not be entitled to the standard OWWA financial death benefits (Php100,000 in case of natural deaths and Php200,000 in case of death due to an accident) and burial grants (Php20,000),” he said.

Under the Emergency Repatriation Fund granted to OWWA under Republic Act No 8042 (as amended by RA 10022), OWWA is also obliged to advance the costs of repatriation if the employer or local manning or recruitment agency fail to perform their primary oblication of bringing home a deceased worker’s remains.

If the deceased OFW is undocumented, the Philippine government should fully shoulder the cost of repatriating their remains, said Villanueva. This can be done through the DMW’s Aksyon Fund or the Department of Foreign Affairs’ Assistance to Nationals Fund.

But while funding is covered by either Department, OWWA is mandated to work with DMW personnel to meet the remains upon arrival in the Philippines, and transport the same to the OFW’s hometown.

In any case, said Villanueva,  it is clear that the grieving family of an undocumented OFW who dies in the workplace should not be burdened further with having to scrounge around, or beg for help, in bringing home the remains of their loved one.