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Philippine Bar review · Question

Practice question: Ban on Direct Hiring

Multiple Choice Hard

Practice question

A Filipino engineer finds an overseas employer personally and obtains a work visa. The employer has no Philippine agency and says a valid visa conclusively establishes exemption from the Philippine direct-hiring ban. The engineer has not applied for DMW authorization or processing. Which analysis is best?
  1. The visa conclusively resolves all Philippine recruitment requirements.
  2. The work offer is automatically void solely because it was found personally.
  3. Name-hire pathways exist, but a foreign visa and personal job discovery do not themselves establish compliance with DMW exemption and processing requirements.
  4. Payment for an airline ticket is the only missing requirement.
  5. A notarized waiver lets the worker replace DMW authorization.

Legal references

  • 2023 DMW landbased Rules, Department Circular 01 s.2023, specified section: https://dmw.gov.ph/archives/v1/resources/dsms/DMW/ISN-EXT/2023/DMW-DC-01-2023.pdf — Part I Rule II item 6 and Section 126; Labor Code Articles 18,26,29,34–35, official DOLE text: https://dole.gov.ph/book-1-pre-employment/ — Article 18.
  • RA 11641 Sections 4–6,10,19, DMW succession to POEA: https://lawphil.net/statutes/repacts/ra2021/ra_11641_2021.html

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