MANILA, 30 September 2004 — An alliance of overseas job recruitment agencies have asked a local court to stop the implementation of a new medical referral system, saying it would allow only a few clinics to conduct medical examinations for Filipinos applying for jobs in Gulf states.
In a petition filed with the Pasay City Regional Trial Court, the alliance accused medical clinics comprising the Gulf Cooperation Council-Approved Medical Clinic Association (GAMCA) of carrying out the system even though this had been disallowed by the Department of Health.
The petitioners — composed of the Overseas Placement Association of the Philippines (OPAP), the Philippine Association of Service Exporters (PASEI), and the St. Yelena Medical Clinic, Inc. — said the scheme was a violation of Philippines laws because it was “unfair” and “monopolistic.”
“The referral decking system establishes a monopoly ... and is violative of the freedom of choice and of contract of licensed recruitment agencies, medical clinics, workers and employers, and its implementation will cause them injustice, grave and irreparable damage and injury,” said the petition filed on Monday by OPAP president Eduardo Mahiya, PASEI chairwoman Edwina Beech, and St. Yelena president Toriano A. Brasal.
Named respondents in the case were Dr. Pedro de Guzman, GAMCA president, and the chair and members of the GAMCA Board of Trustees: Rodolfo Punzalan, Aurora Lazo, Zenaida Panganiban, and Christian Cangco.
The petitioners said the system was unfair because GAMCA Philippines had only 17 members out of the total 200 licensed medical clinics authorized to examine OFWs.
Under the controversial system, applicants for jobs in Saudi Arabia, Oman, Qatar, Kuwait, the United Arab Emirates and Bahrain, are required to secure first a referral from the GAMCA central office before undergoing medical examination in the select clinics.
In line with this system, GCC embassies in Manila have said they would accept only those medical certificates that contain the seal of the GAMCA Center, located at 124 Jorge Bocobo St., in Malate, Manila.
The petitioners said they were compelled to go to the court because GAMCA members continued to enforce the system despite an order by the Department of Health (DOH) dated Aug. 30, 2004, stopping the scheme.
On March 8, 2001, Health Secretary Manuel M. Dayrit issued Administrative Order No. 5 authorizing the GAMCA referral decking system after the Executive Board of Health Ministers Council for GCC states decided to set up such a centralized referral system to address the proliferation of fake medical certificates.
The council also sought to stop the issuance of rebates by medical clinics to recruitment agencies, which was feared to grossly affect the integrity of the medical testing being done. It said a stricter medical examination system was necessary to protect their constituents from being infected by communicable diseases that may be carried by GCC-bound OFWs.
Dayrit, however, suspended the implementation of the scheme on April 26, 2002, upon the objection of recruitment agencies, which warned that the DOH was helping create a cartel of medical clinics.
On Aug. 30, 2004, Dayrit issued AO 166 revoking both circulars for being “contrary to the functions of government regulatory agencies of fixing rates and for not ensuring the quality of pre-employment medical examination of Overseas Filipino Workers.”
