EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
SENATE
Senate Bill No. 23S7
FILED
NDE
Introduced by Senator Juan Miguel F. Zubiri
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
EXPLANATORY NOTE
Filipino seafarers have always been one of the most in demand maritime 
industry workers all over the world - owing to their skills, unparalleled work ethics, 
and their characteristic workplace personality. According to the Department of 
Labor, about a quarter of the seafarers in the world came from the Philippines - a 
testament to the value of our seafarers in the industry.
There is no doubt of the contribution that our Filipino seafarers have given 
our country. In 2019, Filipino seafarers remitted about $6.5 billion to the 
Philippines. Even, and especially when the world was shaken by the COVID-19 
pandemic, the maritime industry have kept the world economy afloat.
With all their hard work and sacrifice, it is only just that the state ensures 
that their welfare, safety and protection is of paramount concern.
This bill seeks to protect the welfare and safety of our seafarers by 
establishing their rights and responsibilities, as well as the duties and obligations 
of their employers and concerned government agencies. It provides for the 
standards in ensuring the health, well-being, and security of our seafarers are 
protected at a:I times.
The bill also seeks to establish programs and projects that would help make 
the lives of our seafarers easier, such as the Phiiippine Seafarers One Stop 
Processing Center (PSOC) which would bring together in one place, multiple offices 
and agencies involved in providing services to seafarers for easy and efficient 
access.
The bill also includes provisions that would protect the rights of our seafarers 
in the event of an epidemic, pandemic, and other public health emergencies 
whether natural or man-made.


As our seafarers continue to work hard to keep the economy of the world 
alive in the midst of this pandemic, it is only right that we provide them with the 
best protection and services that we could give.
In view of the foregoing, the swift passage of this bill is earnestly sought.
IGUEL F. ZUBIRI


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
SENATE
Senate Bill No. 2357
FLED
II
Introduced by Senator Juan Miguel F. Zubiri
AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS
1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
Be it enacted by the Senate and House of Representatives of the Phiiippines in 
Congress assembled.
CHAPTER I
GENERAL PROVISIONS
SECTION 1. Short Title. 
Seafarers.
-This Act shall be known as the "Magna Carta of Filipino
SEC. 2. Declaration of Policies. - It is hereby declared the policy of the State:
(a) 
To afford Filipino seafarers full protection before, during and after employment by 
granting them certain rights as maritime professionals, in recognition of their 
unique role and contribution to national development;
(b) 
To maintain and progressively develop a pool of competent and world-class 
seafarers through a system of education, training, certification and licensing;
(c) 
To establish mechanisms for the enhancement of administrative, adjudicative, 
social as wel as welfare services for them and their families;
(d) 
To enact laws that adopt and implement the standards set by international 
conventions and agreements on working and living conditions, and occupational 
safety and health, among others, for seafarers particularly the Maritime Labor 
Convention, 2006 (MLC, 2006);
(e) 
To recognize shipowners. Maritime Higher Education Institutions (MHEIs), manning 
and recruitment entities as vital partners in promoting the skills and competencies 
of Filipino seafarers, and
(f) 
To recognize that seafarers are a special category of key or essential workers and, 
given the global nature of the shipping industry and the different jurisdictions that 
they may be brought into contact with, need special protection in relation to 
contracts with public authorities, and should be treated fairly at all times especially 
in the event of a maritime accident, epidemic, pandemic, and other natural or man­
made crises, in accordance with international law,V''-
■ ^ .
Toward these ends, the State shall endeavor ta-'improve the Filipino seafarers' 
working conditions, terms of employment, career prospects and provide opportunities to 
harness their potentials to the fullest. The State shall further promulgate policies and 
programs to uplift the socioeconomic well-being of the families of Filipino seafarers.


1 
SEC. 3. Applicability. -This Act shall cover Filipino seafarers engaged, employed
2 
or working in any capacity on board Philippine-registered ships operating domestically
3 
or internationally, and those on board foreign-registered ships.
4 
This Act shall not cover the following categories of ships:
5 
(a) Warships and naval auxiliaries;
6 
(b) Government ships not engaged in commercial operations;
7 
(c) Ships of traditional build, as may be defined under existing rules and regulations;
8 
and
9 
(d) Fishing vessels.
SEC. 4. Definition of Terms. - As used in this Act:
Cadet refers to a maritime student undertaking onboard training as a requirement 
for certification under the international convention on Standards of Training, 
Certification and Watchkeeping for seafarers (STCW).
Domestic shipping refers to the transport of passengers or cargo, or both by ships, 
duly registered and licensed under Philippine law to engage in trade and commerce 
between Philippine ports and within Philippine territorial or internal waters, for hire 
or compensation, with general or limited clientele, whether permanent, occasional 
or incidental, with or without fixed routes, and undertaken for contractual or 
commercial purposes;
Green iane refers to the process of facilitating crew changes among ships and the 
seafarers during public health emergencies, man-made or natural, as embodied 
among others, in Joint Circular No. 01 Series of 2020 dated 2 July 2020, or the 
"Guidelines for the Establishment of the Philippine Green Lane to Facilitate the 
Speedy and Safe Travel of Seafarers, Including their Safe and Swift Disembarkation, 
and Crew Change During the COVID-19 Pandemic" and in the International Maritime 
Organization (IMO) Circular Letter No. 4204/Add. 14 dated 5 May 2020, or the 
"Coronavirus (COVID-19) - Recommended Framework of Protocols for ensuring safe 
ship crew and travel during the coronavirus (COVID-19) pandemic"
International maritime convention (IMC) or International convention refers to any 
written treaty or agreement, or any protocol or amendment thereto, affecting the 
maritime industry which has come into force and effect, including the MLC 2006;
License refers to the document issued by the Department of Labor and Employment 
(DOLE) authorizing any person or entity to engage in the recruitment and placement 
of seafarers;
Manning/Recruitment and placement agency refers to any Filipino person, 
corporation, partnership, company or other entity engaged in the canvassing, 
enlisting, contracting, transporting, utilizing, hiring or procuring whether for profit or 
not, of seafarers whether domestic or international;
Maritime accident refers to any unforeseen occurrence or physical event connected 
to the navigation, operations, maneuvering or handling of ships, or the machinery.
10
11
(a)
12
13
14
(b)
15
16
17
18
19
20
(c)
21
22
23
24
25
26
27
28
29
(d)
30
31
32
(e)
33
34
35
(f)
36
37
38
39
(g)
40


1 
equipment, material or cargo on board such ships which may result in the detention
2 
of seafarers
3 
(h) Maritime industry stakehoiders refers to all private sector stakeholders engaged in
4 
the business of owning, managing, chartering, or operating domestic and
5 
international ships of Philippine or foreign registry, manning of ships, management
6 
of ports, stevedoring and arrastre services, ship brokering and chartering, ship-
7 
building and ship repair, delivering maritime services such as ship supplies and
8 
provisions, maritime education and training, shipping agency, and other similar
9 
activities
10 
This term shall also include bona fide maritime labor organization and professional
11 
association of seafarers;
12 
(i) 
Maritime Higher Education Institution or MHEI refers to any institution of higher
13 
learning which is authorized by the Commission on Higher Education (CHED) to offer
14 
college education through four (4) year or five (5) year courses in the maritime field
15 
leading to the degree of, among others. 
Bachelor of Science in Maritime
16 
Transportation, Bachelor of Science in Marine Engineering, Bachelor of Science in
17 
Naval Architecture;
18 
(j) Maritime Labor Certificate refers to the document certifying that the working and
19 
living conditions of the seafarers on the ship have been inspected and are compliant
20 
with the requirements of Philippine laws and regulations;
21 
(k) Maritime Training Institute orMTI refers to private and state-operated institutes that
22 
provide maritime trainings required pursuant to, among others, STCW Convention,
23 
as amended in 2010, including courses geared towards upgrading the skills of Filipino
24 
seafarers for enhanced employment acceptability and competitiveness;
25 
(I) Master refers to a person having command of a ship and acts as the shipowner's
26 
representative;
27 
(m) Ocean-going ship refers to a ship other than those which navigate exclusively in
28 
inland water or water within or closely adjacent to sheltered water or areas where
29 
port regulation apply;
30 
(n) Phiiippine Seafarers'One Stop Processing Center (PSOC) refers to the facility created
31 
under DOLE Administrative Order No. 56, series of 2003, which houses multiple
32 
offices or agencies involved in providing services to seafarers, in one place;
33 
(o) Point of hire refers to the place where the employment contract between the
34 
shipowner and the seafarer was executed;
35 
(p) Recognized organization refers to organizations recognized by the DOLE to carry out
36 
inspections or issue the Maritime Labor Certificate in accordance with the scope of
37 
activities covered by their authorizations;
38 
(q) Repatriation refers to the process of returning a seafarer to the point of destination,
39 
as stipulated in the employment contract of the collective bargaining agreement
40 
(CBA), at the option of the seafarer.
41 
(r) Seafarer veiers to a person who is employed or is engaged in work in any capacity
42 
on board a ship to which this Act applies;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
(S)
(t)
to:
Ship or Vessel refers to any kind, class or type of craft or artificial contrivance capable 
of floating in v/ater, whether publicly or privately owned, ordinarily engaged in 
commercial activities and offshore operation, except fixed platform;
Shipowner to the owner of the ship employing Filipino seafarers to work on 
board domestic ships and ships engaged in international trade, or any other 
organization or person, such as the manager, agent or bareboat charterer, who has 
assumed the responsibility for operation and management of the ship, and who, in 
assuming such responsibilities, has agreed to take over all the attendant duties and 
responsibilities of a shipowner under this Act, regardless of whether any other 
organization or persons fulfill certain duties or responsibilities on behalf of the 
shipowner.
CHAPTER II 
SEAFARER'S RIGHTS
SEC.5. Right ro Just Terms and Conditions of Work. -Seafarers shall have the right
(a) Safe and secu-e workplace that complies with safety standards;
(b) Decent working and living conditions on board a ship;
(c) Medical care, welfare measures and other forms of health and social protection; 
and
(d) Fair terms and conditions of employment including salary commensurate to their 
rank, hours of work, and other relevant basis for wage computations, minimum 
number of working hours, rest period consistent with Philippine laws or IMCs, when 
applicable.
SEC. 6. Right to Seif-Organization, to Engage in Collective Bargaining and to 
Participate in Democratic Exercises. -Seafarers shall enjoy their right to self-organization, 
to collective bargaining, and to participate in the deliberation of issues and in the 
formulation of policies that affect them, including the guarantee of representation in 
governing boards or appointment in government instrumentalities.
SEC. 7. Right to Education Advancement and Training at Reasonable and 
Affordable Costs - Seafarers shall have access to education advancement and training at 
reasonable and affordable costs. No fee or other charges shall be imposed on cadets, 
interns, apprentices, on-the-job-trainees or other persons similarly situated. Toward this 
end, relevant government agencies shall:
(a) Regulate the operation of all education and training institutions offering courses 
related to seafaring;
(b) Pursue grants and programs such as scholarships, subsidies, loan assistance 
and other measures that will harness the skills of Filipino seafarers toward 
greater competitiveness given the new demands of the industry; and
(c) Promote quality maritime education and training that respond to the needs of 
the industry and in accordance with minimum international maritime standards 
of competency.
SEC. 8. Right to Relevant Information. - Shipowners, manning agencies, 
concerned government agencies and other organizations responsible for the recruitment


1 
and placement of Filipino seafarers shall be mandated to provided relevant information,
2 
including the terms of conditions of employment and company policies affecting seafarers.
3 
This right shall include the access of seafarers' organizations to relevant information
4 
affecting the terms and conditions of employment and their members.
5 
All ships covered by this Act shall have a copy of the MLC, 2006 and the grievance
6 
procedures observed on board.
7 
SEC. 9. Right to Information of Seafarer's Famiiy. - In cases of accidents or death
8 
onboard or offshore, piracy or other similar incidents, the seafarer's family shall be
9 
immediately informed of action taken and to be taken, including investigations conducted
10 
by the shipowner/manning agency. The shipowner/manning agency shall also have the
11 
duty to report the said incidents to the Philippine Overseas Employment Administration,
12 
(POEA) and Overseas Workers Welfare Administration (OWWA).
13 
SEC. 10. Right to Consuitation. - Seafarers and maritime industry stakeholders
14 
shall be adequately consulted on matters affecting seafarers and their families before any
15 
maritime policy, executive issuance, rule or regulation is promulgated, or before any
16 
maritime law is enacted.
17 
SEC. 11. Right Against Discrimination. - Seafarers shall have the right not to be
18 
discriminated against by reason of race, sex, religion, age and political opinion. Career
19 
opportunities shall be promoted and appropriate working and living conditions shall be
20 
guaranteed equally among male and female seafarers.
21 
SEC. 12. Right to Free Legai Representation. Seafarers who are the victims of
22 
violations of the provisions of this Act or of their employment contract and who cannot
23 
afford the services o' a competent and independent counsel shall have the right to free
24 
legal assistance and protection at government's expense, and to fair and speedy
25 
disposition of the case, including the expedition settlement of any money claims, subject
26 
to existing laws, rules and regulations.
27 
SEC. 13. Right to Access to Communication. - Seafarers, especially during their
28 
free time or when they are not on duty, shall have reasonable access to ship-to-shore
29 
telephone communications,, and internet or email facilities, where available.
30 
SEC.14. Right to Fair Treatment in the Event of a Maritime Accident - In the event
31 
of a maritime accident, seafarers shall be treated fairly and entitled to all the rights under
32 
ILO/IMO 2006 Guideines on Fair Treatment of Seafarers in the Event of Maritime Accident,
33 
Annex to IMO Resolution A. 1056 (27) of November 30, 2011.
34 
SEC. 15. Rigntto a Fair Medicai Assessment - A seafarer shall have the right to
35 
seek a second opinion from other accredited clinics of the Department of Health (DOH)
36 
or from other competent and licensed physicians in case of a doubt on the medical
37 
assessment of an examining physician or clinic which negatively affects the seafarer's
38 
immediate employment. If the clinic or physician selected by the seafarer disagrees with
39 
the first assessment a third doctor (from any DOH-accredited clinic or from a DOH
40 
regional or provincial hospital), jointly -selected by the employer and the seafarer, may be
41 
hired by the shipowner/manning agency, at no expense to the seafarer, to make a third
42 
medical assessment The findings of the third doctor shall be final and binding to both
43 
parties.


1 
CHAPTER III
2 
DUTIES OF SEAFARERS
3 
SEC. 16. Seafarers shall have the following duties:
4 
(a) To comply with and observe the terms and conditions of employment contract;
5 
(b)To abide by lawful and reasonable company personnel policies;
6 
(c)To be obedient to the lawful commands of the Master or the Master's lawful
7 
successor, and to comply with the shipowner's or the principal's policy on safety
8 
and operation procedures and instructions given in connection therewith;
9 
(d)To be diligent in the performance of duties relating to the ship, its stores,
10 
equipment and cargo, whether on board, in transit or ashore;
11 
(e)To be, at all times, orderly and respectful to the shipmates, passengers, shippers,
12 
stevedores, port authorities, and other persons who have official business with the
13 
ship; and
14 
(f) To be personally responsible for maintaining a healthy lifestyle.
15 
CHAPTER IV
16 
MINIMUM REQUIREMENTS FOR SEAFARERS
17 
SEC. 17. Minimum Age. - No person below eighteen (18) years old, other than a
18 
cadet, shall be employed, engaged or otherwise allowed to work on board Philippine
19 
registered ships operating domestically or internationally, as well as on board foreign
20 
registered ships.
21 
SEC. 18. Medical Certificate. - No seafarer shall be employed, engaged or
22 
otherwise allowed to work on board a domestic or ocean-going ship unless a medical
23 
certificate has been issued declaring the seafarer to be fit to work.
24 
The seafarer shall hold a valid medical certificate issued by a medical facility duly
25 
accredited by the DOH in accordance with its existing rules and regulations. The medical
26 
certificate shall certify that the person is expected to meet the minimum requirements for
27 
performing the duty specific to the person's post at sea safely and effectively during the
28 
period of the validity of the certificate.
29 
For the purpose of this Section, a medical certificate issued in accordance with the
30 
requirements of the STCW shall be accepted.
31 
No judgment or award resulting in the forfeiture of the seafarer's claims shall be
32 
rendered solely on the basis of a defective or questionable fit-to-work certification.
33 
SEC. 19. Training and Qualifications. - Only seafarers certified by appropriate
34 
government agencies shall work, be employed or be engaged on board a ship.
35 
SEC. 20. Recruitment and Placement. - Only duly-licensed manning/recruitment
36 
and placement agency shall be allowed to operate and engage in the recruitment and
37 
placement of seafarers, in accordance with the rules and regulations as may be issued by
38 
the Secretary of Labor and Employment.
39 
No amount or fee shall be charged to the seafarer for their recruitment and
40 
placement.
41


1 
SEC. 21. Contracting or Subcontracting of Sen/ices. - The contracting or
2 
subcontracting of seafarers for work on board domestic ships shall be governed by existing
3 
rules and regulations issued by the DOLE.
4 
CHAPTER V
5 
CADETSHIP
6
7 
SEC. 22. Appiicabiiity. - The shipboard training of cadets shall be governed by this
8 
Chapter, Sections 7-12 of Chapter II, Section 18 of Chapter IV, Chapter VII, Chapter IX,
9 
Chapter X and Section 59 of Chapter XV hereof.
10 
SEC. 23. Shipboard Training Agreement for Cadets. - There shall be a written
11 
agreement between the shipowner on one hand, and the cadet and the maritime
12 
institution or school on the other, which shall include the following information, terms and
13 
conditions:
14 
(a) Cadet's full name, date of birth, birthplace and age, which should be at least 16
15 
years old;
16 
(b) Name and address of the maritime institution or school;
17 
(c) Name and address of the shipowner, if applicabie
18 
(d) Place and date when the cadet's agreement is entered into;
19 
(e) Capacit7y in which the cadet is to bet rained;
20 
(f) Amount of the cadet's allowance or stipend;
21 
(g) Required number of hours of training and rest which wouid not be less than the
22 
prescribed hours of work and rest in Section 21 of this Act;
23 
(h) Duties and responsibilities of the sponsoring company, MHEIs, and cadets, as may
24 
be provided under the Standard Cadet Training Agreement on Ships Engaged in
25 
International and Domestic Voyage;
26 
(i) Other benefits in accordance with law, company policy or agreements.
27 
The agreement shail be written in a working language or in Engiish, executed in
28 
three (3) original copies before the commencement of the shipboard training. The
29 
shipowner, cadet and the maritime institution/school shali each have a signed originai
30 
copy of the agreement and an electronic copy thereof shall be submitted to the DOLE,
31 
through the Bureau of Working Conditions (BWC). A signed original copy shall also be
32 
made available on board the ship.
33 
The MHEIs shail demonstrate that over the last three (3) years, an average of at
34 
least the minimum percentage of the target number of cadets, as required under
35 
current relevant CHED Memorandum Order, were able to secure berths in connection
36 
with their studies. The CHED, in coordination with the Maritime Industry Authority
37 
(MARINA), shaii ensure that oniy Bacheior of Science in Maritime
38 
Transportation(BSMT) or Bachelor of Science in Maritime Engineering (BSMarE)
39 
programs in MHEIs that meet the above requirement are approved or accredited.
40 
CHAPTER VI
41 
TERMS AND CONDITION OF EMPLOYMENT
42 
SEC. 24. Standard Employment Contract for Seafarers. -There shaii be a standard
43 
employment contract (SEC) in writing between the shipowner and the seafarer, which
44 
shail be approved by the POEA Governing Board. It shall be observed in the employment
45 
of seafarers on board ocean-going Philippine-registered ships or foreign-registered ships,
46 
and shaii include the following information and terms:


1 
(a) Seafarer's full name, date of birth or age, and birthplace;
2 
(b) Shipowner's name and address;
3 
(c) Place where and date when the seafarer's employment agreement is entered into;
4 
(d) Point of hire;
5 
(e) Capacity in which the seafarer is to be employed;
6 
(f) Amount of the seafarer's salary, and the formula used for calculating the same;
7 
(g) Hours of work and hours of rest;
8 
(h)Wages and wage-related benefits, which include the following: overtime pay,
9 
holiday pay, premium pay, paid leaves, 13th month pay, if applicable;
10 
(i) Social security and welfare benefits;
11 
0) Stipulation on repatriation or similar undertakings;
12 
(k) Separation pay and retirement pay, if applicable;
13 
(I) Reference to the collective bargaining agreement, if applicable and;
14 
(m) Other benefits in accordance with law, company policy or agreements;
15 
The SEC shall stipulate that Filipino seafarers shall be granted shore leave to benefit
16 
their health and well-being consistent with the operational requirements of their positions,
17 
and subject to proportionate and specifically-adopted measures by the part state on
18 
epidemics, pandemics, and other public health emergencies, both man-made or natural.
19 
The SEC shall be in English or in a working language of seafarer, executed in three
20 
(3) original copies before the commencement of the employment. The shipowner and the
21 
seafarer shall each have a signed original of the agreement. A signed original shall be
22 
made available on board the ship.
23 
When there is a collective bargaining agreement, a copy thereof must be
24 
maintained onboard the ship and readily accessible to seafarers.
25 
The terms and conditions for employment to be provided in the SEC shall always
26 
be consistent and updated with the latest Maritime Labor Convention and other existing
27 
treaties and conventions governing seafarers duly entered into by the Philippines.
28 
SEC. 25. Wages.- Upon effectivity of this Act, the living wage rates of seafarers on
29 
board ships engaged in domestic shipping, taking into account the peculiarities of the
30 
employment arrangement of seafarers, shall be based on the updated family income
31 
threshold determined by the National Economic Development Authority. Wages shall be
32 
paid at least once every two weeks or twice a month, at intervals not exceeding sixteen
33 
(16) days.
34 
Trainees, probationary crew members and other similarly situated shall be paid full
35 
minimum wage in accordance with the services rendered.
36 
SEC. 26. Hours of Work and Hours of Rest. -The normal hours of work of seafarer
37 
shall not exceed eight (8) hours a day. If the seafarer is allowed to work beyond eight (8)
38 
hours, the maximum hours of work shall not exceed fourteen (14) hours in any 24-hour
39 
period, and seventy-two (72) hours in any 7 day period.
40 
The minimum hours of rest for every seafarer shall not be less than ten (10) hours.
41 
Hours of rest may be divided into no more than two (2) periods, one of which shall be at
42 
least 6 hours in length, and the interval between consecutive periods of rest shall not
43 
exceed fourteen (14) hours.
44 
In exceptional cases, seafarers in watchkeeping duties may be required to work
45 
beyond fourteen (14) hours provided that the rest period is not less than seventy (70)


1 
hours in any 7-day period. This exception shall not be allowed for more than two (2)
2 
consecutive weeks. The intervals between two (2) periods of exceptions shall not be less
3 
than twice the duration of the exception.
4 
SEC. 27. Paid Annual Leave. - Unless higher annual leave is provided under the
5 
CBA, or by the shipowner as company practice or policy, or by the SEC, overseas seafarers
6 
shall be paid an annual leave to be calculated on the basis of a minimum of 2.5 calendar
7 
days per month of employment.
8 
For ships licensed to engage in domestic shipping, the provisions on "Holidays,
9 
Service Incentive Leaves and Services Charges" of Presidential Decree No. 442, or the
10 
Labor Code of the Philippines, as amended, shall continue to apply unless higher annual
11 
leave is already provided under the CBA or by the shipowner as company practice or
12 
policy.
13 
SEC.28. Sickness Benefits During Public Health Emergencies. - Filipino seafarers
14 
who have contracted any illness due to an epidemic, pandemic or other public health
15 
emergencies whether natural or man-made, or are under quarantine or self-isolation, shall
16 
be entitled to paid sick leave or sickness benefits as long as they are incapacitated or
17 
unable to work.
18 
SEC. 29. Payment of Wages to Abandoned Seafarer. - Filipino seafarers
19 
abandoned by shipowners shall be entitled to full payment of wages and other benefits
20 
provided under the SEC or the CBA.
21 
CHAPTER VII
22 
REPATRIATION
23 
SEC. 30. Repatriation. - Seafarers are entitled to repatriation. All costs related to
24 
the repatriation or transport of the personal effects of a seafarer shall be borne by or
25 
charged to the shipowner or manning agency concerned. The expenses or repatriation
26 
shall include the transportation charges, pay and allowance from the moment the
27 
seafarers leave the ship until they reach the repatriation destination, the accommodation
28 
and the food of the seafarer during the journey and transportation of at least thirty
29 
kilograms (30 kg) of the seafarers' personal luggage to the repatriation destination. The
30 
primary responsibility to repatriate rests on the shipowner or manning agency and entails
31 
the obligation to advance the repatriation and other attendant costs, including plane fare,
32 
deployment cost of the principal and immigration fines and penalties, to immediately
33 
repatriate the seafarer should the need for it arise, without a prior determination of the
34 
cause of the termination of the seafarer's employment. However, after the worker has
35 
returned to the Philippines, the shipowner or manning agency may recover the cost of
36 
repatriation from the seafarer if the termination of the employment was due solely to the
37 
seafarer's fault.
38 
SEC. 31. Emergency Repatriation for Seafarers Onboard Foreign Registered Ships.
39 
- In cases of war, epidemics, pandemics, abandonment of ship by shipowners, disasters,
40 
calamities, public health emergencies, whether natural or man-made, and other similar
41 
events, the Department of Foreign Affairs (DFA), in coordination with the POEA and the
42 
OWWA, shall undertake the repatriation of seafarers. The DFA shall draw from the
43 
Emergency Repatriation Fund, which shall be provided under the General Appropriations
44 
Act (GAA) to defray the expenses involved in the repatriation of undocumented seafarers,
45 
while the POEA shall require manning agencies to effect the repatriation within forty-eight
46 
(48) hours or suffer the penalty of suspension. In case of failure of the manning agency
47 
to provide for the repatriation within the prescribed time, the POEA shall coordinate with


1 
the OWWA to advance the cost of repatriation of the seafarer without prejudice to
2 
reimbursement from the concerned manning agency.
3 
The seafarer shall also be entitled to emergency repatriation for compassionate or
4 
urgent reasons, such as when a family member has died, or when the seafarer has
5 
suffered from physical, emotional, psychological or financial abuse.
6 
The DFA shall take the lead in the repatriation of the affected seafarers in areas
7 
where there is no Philippine Overseas Labor Office (POLO).
8 
SEC. 32. Quarantine and Medical Expenses in Repatriation Due to Epidemics,
9 
Pandemics, or Other Public Health Emergencies. - Before or during the process of
10 
repatriation of a seafarer in times of epidemics, pandemics, or other public health
11 
emergencies, whether natural or man-made, the shipowner or manning agency shall cover
12 
the following expenses until the seafarer is considered duly repatriated to the point of
13 
hire:
14 
(a) 
Medical care, board, and lodging for periods spent by a seafarer in
15 
quarantine or self-isolation, whether or not the seafarer has symptoms or has been
16 
exposed to any infectious diseases, virus or bacteria - until declared free of any infection,
17 
virus or ailment by the DOH Bureau of Quarantine or any DOH-accredited clinic; and
18 
(b) 
Hospitalization and medical treatment when the seafarer is sick or infected
19 
- until declared as fully recovered.
20 
Thereafter, should the seafarer need further quarantine or medical are, the
21 
expenses shall be covered by the OWWA from the funds to be appropriated for this
22 
purpose.
23 
SEC. 33. Repatriation for Seafarers Onboard Domestic Ships. -The provisions of
24 
repatriation, as may be applicable, shall also apply to seafarers working on domestic
25 
ships,. Seafarers onboard domestic ships shall be entitled to emergency repatriation in
26 
cases of war, epidemics, pandemics, abandonment of ship by shipowners, disasters or
27 
calamities, public health emergencies whether natural or man-made, and other similar
28 
events.
29
30 
CHAPTER VIII
31 
MANNING REQUIREMENT
32 
SEC. 34. Manning Levels. - All ships of Philippine registry shall observe the
33 
required minimum manning levels in accordance with the requirements prescribed by
34 
MARINA.
35 
Every ship shall be manned by a crew that is adequate in terms of size and
36 
qualifications taking into account the need to operate the vessel safely and efficiently. IN
37 
no case shall minimum manning levels on ships carrying Filipino seafarers be reduced to
38 
avoid fatigue of Filipino seafarers remaining on board.
39 
SEC. 35. Crew Competence. - The crew members of a ship of Philippine Registry
40 
shall possess the appropriate certificate of competency that sets forth their competence
41 
to serve and perform the functions of the position held, and corresponding to the aptitude
42 
and proficiency required relative to the type, tonnage, power, means of propulsion, and
43 
trading patterns of the ships concerned.
44
10


1 
The certificate of competency shall attest to eh fact that the seafarer to whom it is
2 
issued meets the requirements for service, age, qualification, and has successfully passed
3 
the examinations conducted to determine the seafarer's proficiency and level of expertise
4 
for the position.
5 
SEC 36. Registry of Seafarers. -To better respond to the manning requirements
6 
of ocean-going ships of foreign registry, and domestic and ocean-going ships of Philippine
7 
registry, the POEA and MARINA, respectively, shall maintain a registry of all seafarers, in
8 
the Philippines. The registry shall contain the relevant information or date to promote
9 
employment opportunities for seafarers, whether on board or ashore, and allow the
10 
appropriate learning for and implementation of additional training, skills and competency
11 
development programs for seafarers.
12 
SEC. 37. Crew Change. - When national or international emergencies or
13 
circumstances warrant, the DFA, DOLE, DOH, Department of Justice (DOJ), Department
14 
of Interior and Local Government (DILG), Department of Transportation (DOTr) and other
15 
relevant agencies, shall activate a green lane for seafarers that shall exempt them from
16 
travel-related or health-related movement restrictions in order to facilitate their joining or
17 
leaving ships.
18
19
20
CHAPTER IX
ACCOMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING
21
22 
SEC. 38. Accommodation Faciiities. - Unless otherwise exempted herein or by
23 
appropriate regulations, all ships of Philippine registry shall have safe, decent and
24 
adequate accommodations for seafarers taking into account the need to protect the health
25 
and safety of seafarers working or living on board.
26 
SEC. 39. Requirements for Sanitation. - All ships of Philippine registry shall have
27 
sanitation facilities that meet the minimum standards for health and hygiene and are
28 
accessible to seafarers on board. The sanitation facilities shall be located at convenient
29 
places, allowing for easy access to work stations. Separate facilities shall be provided for
30 
male and female crew.
31 
SEC. 40. Recreationai Faciiities. - Unless otherwise exempted herein or by
32 
appropriate regulations, all ships of Philippine registry shall have recreational facilities,
33 
amenities and services that are appropriate and accessible to seafarers.
34 
Domestic ships shall be exempted from this requirement considering that their
35 
trading patterns and length of voyages allow their crew to go home or to make use of
36 
comparable facilities on land.
37 
SEC. 41. Food and Catering. - The shipowner shall ensure the protection and
38 
promotion of health of seafarers. Whenever applicable, a shipowner shall ensure that a
39 
ship serves free food and drinking water of appropriate quality, quantity and nutritional
40 
value that adequately cover the requirements of the ship and take into consideration the
41 
differing cultural and religious backgrounds of seafarers. All foods and drinks and the
42 
preparation thereof shall be in accordance with the standards of the Sanitation Code of
43 
the Philippines and pertinent laws, rules and regulations.
11


1 
SEC. 42. Application. -The requirements of this Chapter for crew accommodation
2 
and recreational facilities covering ships of Philippine Registry shali be applicable to the
3 
following:
4 
(a) Ail ocean-going ships and domestic ships constructed on or after the date when
5 
the MLC, 2006 comes into force;
6 
(b) All second-hand ships, whether ocean-going or domestic, acquired or ieased, and
7 
entered in the Philippine Registry after the entry into force of the said Convention
8 
unless provided exemption by the relevant Philippine government agency; and
9 
(c) All ships constructed prior to the entry into force of the MLC, 2006 which have
10 
undergone major or substantial structural alternations after the entry into force of
11 
the Convention, unless provided exemption by the relevant Philippine government
12 
agency.
13 
SEC. 43. Establishment of Shore-based Welfare Facilities. -There shail be established
14 
at least one (1) seafarer shore-based welfare facility in major crew-change ports each in
15 
Luzon, Visayas and Mindanao under the management of OWWA, which shail be easily
16 
accessible to all seafarers, irrespective of race, color, gender, religion, political opinion and
17 
social origin.
18 
The facility shall offer services which promote the welfare of and cater to the
19 
recreational, cultural, religious and communication needs of seafarers.
20 
The OWWA, in consultation with relevant government agencies, shall annually
21 
review and develop the welfare facilities and services to ensure that they are appropriate
22 
in the light of changes in the needs of seafarers resulting from technical, operational and
23 
other developments in the shipping industry.
24 
CHAPTER X
25 
HEALTH PROTECTION AND MEDICAL CARE
26 
SEC. 44 Medical Care Onboard Ships and Ashore. -The shipowner shail provide
27 
adequate equipment, paraphernalia, medicines and medical supplies as weil as
28 
corresponding medical or trained personnei who shali provide first-aid and medical care
29 
pursuant to the maritime occupational safety and health standards and other pertinent
30 
laws, rules and regulations on board, and shall ensure that seafarers receive the
31 
appropriate medical care on shore when the ship calls on a port.
32 
The shipowner shali ensure that seafarers have access to medical treatment for
33 
any illness or injury, hospitalization and dental treatment.
34 
A seafarer shall have the right to consult a qualified physician or dentist without
35 
delay in ports of cali, where practicable.
36 
The health protection and medicai care mandated under this sectional shall be
37 
provided at no cost to the seafarer.
38 
A seafarer shall have the right to material assistance and financial support from the
39 
shipowner with respect to the financial consequences resulting from sickness, injury or
40 
death while they are serving under a valid employment contract or those which arise from
41 
their employment, without prejudice to any legai remedies that a seafarer may seek.
42 
In accordance with amendments to the code implementing regulations 2.5 and 4.6
43 
and appendices of the MLC, 2006 on financiai security for vessels, the shipowner shall
12


1 
provide an expeditious and effective financial security system to assist seafarers in the
2 
event of their abandonment and to assure compensation for contractual claims in the
3 
event of death or long-term disability of seafarers due to an occupational injury, illness or
4 
hazard.
5 
SEC. 45. Measures to Protect Seafarers from Epidemics, Pandemics, or other Pubiic
6 
Heaith Emergencies. - Filipino seafarers onboard ships should be covered by adequate
7 
measures for protection from epidemics, pandemics and man-made or natural public
8 
health emergencies such as the provision of personal protective equipment. They should
9 
also have access to prompt and adequate medical care while onboard, including medical
10 
advice and confidential helplines on physical and mental health by radio or satellite
11 
communications, free of charge which shall be available 24-hours-a-day.
12 
Shipowners shall institute measures on prevention of contagion in accordance with
13 
flag state health regulations and World Health Organization (WHO) guidelines, including
14 
the necessary disinfection, decontamination, de-ratting or pest control, and other
15 
measures necessary to prevent the spread of infection or contamination.
16 
Filipino seafarers who manifest symptoms of any prevailing illness due to an
17 
epidemic, pandemic or any public health emergency, man-made or natural, shall be
18 
properly isolated and treated pursuant to established guidelines of the flag state, the WHO
19 
and the applicable provisions of this Act.
20 
In ports of call, Filipino seafarers in need of medical care shall have access to
21 
medical facilities on-shore.
22 
CHAPTER XI
23 
EMPOWERMENT OF FILIPINO WOMEN SEAFARERS
24 
SEC. 46. Enhanced Access to Educationai Advancement and Training. - Women
25 
seafarers shall be given enhanced access to educational advancement and training.
26 
Government-owned MHEIs and MTIs shall equally provide scholarships to women students
27 
and trainees, utilizing their Gender and Development (GAD) budget.
28 
Ships registered in the Philippines shall accommodate women cadets for their
29 
shipboard training.
30 
Shipowners of Philippine-flag-registered vessels shall not practice gender
31 
discrimination in the choice of their cadets for shipboard training.
32 
SEC. 47. Conscientization - Women seafarers shall be made aware of their
33 
condition and shall be informed about their human rights through gender-awareness and
34 
women-empowerment courses in maritime schools and training centers.
35 
The National Maritime Polytechnic (NMP), the sole government-owned maritime
36 
training center, shall continue to develop, enhance, and increase accessibility of its Gender
37 
Awareness Training for Seafarers (GATS) to the maritime industry offering the training
38 
course in e-learning format.
39 
Shipping companies and crewing agencies shall be encouraged to formulate their
40 
GAD policies.
41
42
A helpline for all victims of sexual-harassment and bullying shall be set-up.
13


1 
SEC. 48. Self-Organization - Women seafarers shall be encouraged to organize,
2 
form associations, or join trade unions and link-up and form networks with women
3 
seafarers from different nationalities.
4 
SEC. 49. Seafarers'Resource and Research Center. -The NMP shall strengthen its
5 
research capability to provide comprehensive resources for seafarers, including gender-
6 
related topics in aid of evidence-based decision-making in the maritime industry.
7 
SEC. 50. Creation of Inter-Agency Committee on Women Seafarers. - An Inter-
8 
Agency Committee on Women Seafarers shall be created to be composed of the following
9 
government agencies and maritime industry stakeholders: DOLE, POEA, MARINA, CHED,
10 
NMP and the Philippine Commission on Women (PCW), trade unions and seafarers'
11 
organizations; and associations of shipowners and manning agencies. The Committee
12 
shall ensure that the rights and welfare of women seafarers are protected. It shall assess
13 
the situation of women seafarers in maritime schools and in the industry, and shall serve
14 
as venue for continued dialogue among stakeholders on issues related to women
15 
seafarers, such as gender discrimination; sexual-harassment and bullying; women's right
16 
to reproductive health; maternity benefits and social security; and the right to work in a
17 
safe and harmonious environment.
18 
SEC. 51. Limitation on Deployment for Filipino Seafarers' Protection - Filipino
19 
seafarers shall only board ships with policies, plans and accessible procedures to elimante
20 
and address harassment and bullying on board ships.
21 
CHAPTER XII
22 
SOCIAL SECURITY AND INSURANCE PROTECTION
23 
SEC. 52. Social Welfare Benefits. - Without prejudice to established policy, CBA or
24 
other applicable social agreement, all seafarers shall become members of the Social
25 
Security System, Employees' Compensation and State Insurance Fund, PhilHealth, Home
26 
Development Mutual Fund (or Pag-IBIG Fund), and the OWWA, and shall enjoy the
27 
benefits afforded pursuant to membership thereof.
28 
SEC. 53. Insurance Coverage. - The provisions on compulsory insurance for
29 
agency-hired workers under Section 37-A of Republic Act No. 8042, as amended by
30 
Republic Act No. 10022, shall continue to apply, at no cost, to seafarers: Provided, That
31 
the minimum insurance cover stated therein shall be issued by insurance companies duly
32 
accredited by the Insurance Commission - to ensure and facilitate claims of seafarers
33 
based on the section's "no contest, no fault or negligence" clause. This Insurance cover Is
34 
without prejudice to the insurance policy to be issued by the shipowners, over and above
35 
the minimum cover, as an added protection to the seafarers in accordance with
36 
international standards and practices.
37 
CHAPTER XIII
38 
COMPLIANCE AND ENFORCEMENT
39 
SEC. 54. Compliance and Certification. All ships of Philippine registry shall comply
40 
with the provisions of this Act. The shipowner or master shall ensure the compliance of
41 
the ship with the provisions of this Act and its Implementing Rules and Regulations (IRR).
42 
The shipowner and master, as acting shipowner's representative, shall be made
43 
principally-liable for any violation of the provision of this Act and its IRR.
44
14


1
2
3
4
5
6
7
8
For this purpose, a Maritime Labor Certificate or a certificate of compliance, as 
applicable shall be issued in accordance with the IRR.
SEC. 55. Inspection and Enforcement -The Secretary of Labor and Employment, 
or a duly-authorized representative, shall have the sole and exclusive authority to inspect 
all Philippine ships, domestic or ocean-going to ensure compliance with the provisions of 
this Act. The duly authorized representative shall have the power to board ships and carry 
out any examination, test or inquiry in order to ensure that the standards established 
under this Act and its IRR are strictly observed.
9 
The Secretary of Labor and Employment may authorize other government agencies
10 
or duly-recognized organization to conduct the inspection and issue certification in
11 
accordance with the provisions of this Act and its IRR.
12 
The Secretary of Labor or the duly-authorized representative shall have the power
13 
to order immediate restitution of differences, and impose fines for violations of the
14 
provisions of this Act.
15 
If the violation or deficiency constitutes serious breach of the requirement of this
16 
Acts and its IRR, or poses imminent danger to the ships or to the life or limb of the
17 
seafarer, the Secretary of Labor and Employment, or the duly authorized representative,
18 
may immediately order the detention of the ship until the violation or deficiency is
19 
corrected.
20 
SEC. 56. Recognized Organizations. -Recognized organizations may be authorized
21 
by the Secretary of Labor and Employment to conduct the inspection of ship's premises
22 
and issue the Maritime Labor Certificate or the Certificate of Compliance, as appropriate,
23 
in accordance with the provisions of this Act and its IRR.
24 
A recognized organization must have the necessary knowledge of the requirements
25 
of this Act and its IRR, the MLC, 2006 and other relevant international treaties or
26 
conventions.
27 
Likewise, to be recognized and authorized to inspect a ship, an organization must
28 
also have the necessary and qualified professional and technical expertise to conduct the
29 
inspection and certify the ship's compliance with established standards.
30
31
CHAPTER XIV
TERMINATION AND EXTENSION OF EMPLOYMENT
32 
SEC. 57. Termination of Empioyment
33
34 
(a) The employment of Filipino seafarers on board Philippine-registered ships
35 
operating internationally as well as those on board foreign-registered ships shall
36 
cease when the seafarers complete their period of contractual service abord the
37 
ship, sign off from the ship, and arrive at the point of hire.
38 
The employment is also terminated effective upon arrival at the point of hire for any
39 
of the following reasons:
40 
(1) When the seafarer signs off and is disembarked for medical reasons in the
41 
event the seafarer is declared: (1) fit for repatriations; or (2) when after an illness
42 
the seafarer is declared fit-to-work, but the employer is unable to find employment
15


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
for the seafarer on board the ship originally boarded or on another ship of the 
employer;
(2) When the seafarer signs off due to the sale of the ship, lay-up of the ship, 
discontinuance of voyage or change of ship principal;
(3) When the seafarer voluntarily resigns in writing and signs off prior to the 
expiration of contract within a reasonable period, as may be prescribed in the IRR 
of this Act, or
(4) When the seafarer is discharged for just causes in accordance with the 
provisions of the POEA Standard Employment Contract.
(b) The termination of employment of a seafarer on board domestic ships shall be 
governed by the provisions of Presidential Decree No. 442, as amended, or the 
Labor Code of the Philippines, on domestic shipping.
(c) The termination of employment of a seafarer on board a foreign vessel or foreign 
registered ships shall be governed by the POEA, SEC, or applicable collective 
bargaining agreement (CBA).
SEC. 58. Extension of Employment -The extension of a seafarer's employment 
agreement beyond the original period must be adequate reviewed and freely-accepted by 
the Filipino seafarer prior to signing any such extension. The shipowner, or a duly- 
authorized representative of the shipowner, and the manning agency shall ensure that the 
Filipino seafarer has fully considered the effect of such an extension on the repatriation 
and contract entitlements and that there shall be no diminution of the seafarer's salaries 
and benefits.
23 
The shipowners and the manning agencies shall submit period reports to the POEA
24 
on the welfare and well-being of Filipino seafarers subject to contract extensions.
25 
CHAPTER XV
26 
SETTLEMENT OF DISPUTES
27
28 
SEC. 59. Onboard and Onshore Grievance Machinery - All ships of the Philippine
29 
registry shall prescribe and observe fair, effective and expeditious onboard and on-shore
30 
methods and procedures to handle grievance at no cost to the seafarer.
31 
In cases where a seafarer is a member of a legitimate trade union organization,
32 
any grievance shall, as a condition precedent to conciliation-mediation, undergo the
33 
grievance machinery with the involvement of the union as established in its CBA. Without
34 
prejudice to any existing law, any agreement reached by the parties during the grievance
35 
negotiation shall be final and binding.
36 
SEC. 60. Mandatory Conciliation-Mediation and Arbitration. - Seafarers, whether
37 
engaged, employed or working onboard ships of Philippine registry or other registries shall
38 
avail of the conciliation-mediation services of the DOLE pursuant to Republic Act No.
39 
10396, otherwise known as "An Acy Strengthening Conciliation-Mediation as a Voluntary
40 ■ Mode of Dispute Settlement for All Labor Cases, Amending for this Purpose Article 228 of
41 
Presidential Decree No. 442, as Amended, Otherwise Known as the Labor Code of the
42 
Philippines" and its IRR, by filing a request for assistance before the conciliation-mediation
43 
desks at the Regional/Field/Provincial Offices of DOLE or its attached agencies.
44 
In case the conciliation-mediation process involving a seafarer covered by a CBA
45 
fails, the case shall be submitted for Voluntary Arbitration in accordance with Articles 261
46 
and 262 of the Labor Code of the Philippines, as amended. In cases where seafarers are
16


1 
not covered by the CBA, the seafarer shall have the option to submit the case ot
2 
Compulsory Arbitration or Voluntary Arbitration.
3
4
5
6
7
8 
9
10
CHAPTER XIV
REINTEGRATION OF SEAFARERS
SEC. 61. Reintegration. - Returning or unemployed overseas Filipino seafarers 
may avail of the livelihood development and training programs, placements and other 
services of the DOLE and other concerned government agencies, including OWWA, 
National Reintegration Center for OFWs (NRCO), Technical Education and Skills 
Development Authorty (TESDA), Cooperative Development Authority (CDA), NMP and 
CHED.
11 
These agencies shall formulate skills upgrading or retraining curricula to meet the
12 
needs of returning or unemployed seafarers. The participation of the maritime sector, in
13 
particular, port and shipping industry, and maritime education institutions shall be likewise
14 
solicited by the DOLE in devising the appropriate retraining and local job placement
15 
programs for unemployed seafarers.
16 
The NRCO shall develop a reintegration program for Filipino seafarers to be
17 
submitted within sixtv (60) days from the date of effectivity of this Act. The Center shall
18 
provide mechanisms for their reintegration into the Philippine society, serve as a
19 
promotion house for their local employment, and ensure that their skills and competencies
20 
are maximized in the development of the Philippine domestic and international maritime
21 
industry. The implementation of the reintegration program shall form part of the semi-
22 
annual report of the DOLE to Congress as required under Republic Act No. 8042, or the
23 
Migrant Workers and Overseas Filipinos Act of 1995, as amended.
CHAPTER XVII
24 
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY
25 
SEC. 62. Incentives and Awards. -There shall be established an incentives and
26 
awards system for tie maritime industry stakeholders which shall be developed and
27 
administered by the concerned government agency in consultation with the Maritime
28 
Industry Tripartite Council (MITC).
29 
Linder such rules and regulations that may be promulgated, deserving shipowners,
30 
seafarers, manning and other organizations or entities shall be commended or awarded
31 
for their outstanding performance in upholding the rights of seafarers and complying with
32 
this Act.
33
34
CHAPTER XVIII
FINANCIAL ASSISTANCE TO SEAFARERS
35 
SEC. 63. Credit Deiivery. - Financial assistance for alternatives sustainable
36 
livelihood programs, educational, career and personal advancement, among others, shall
37 
be made available to seafarers upon the approval of this Act. The Land Bank of the
38 
Philippines (LBP), Development Bank of the Philippines (DBP), Small Business Corporation
39 
(SBC), People's Credi; and Finance Corporation (PCFC), and other government financial
40 
institutions as well as private banks and financial intermediaries shall setup a special credit
41 
window with preferential or subsidized interest rates that will serve the financing needs
17


1 
of the seafarers consistent with the policies, rules and regulations of the Bangko Sentral
2 
ng Pilipinas.
3 
SEC. 64. Annual Report of Financial Institutions. -The LBP, DBP, SBC, and PCFC,
4 
and other government financial institutions shall submit an annual report to the House
5 
Committee on Overseas Filipino Workers Affairs and the Senate Committee on Labor and
6 
Employment on the state of the implementation of this provision.
CHAPTER XIX 
GOVERNMENT AGENCIES
9 
SEC. 65. Roie of Government Agencies. -The following government agencies shall
10 
perform the following functions to promote the welfare and protect the rights of Filipino
11 
seafarers:
12 
(a) Department of Labor and Employment (DOLE) - The DOLE shall exercise sole and
13 
exclusive jurisdiction in implementing the provisions of this Act and ensure that the
14 
standards set forth herein, under Presidential Decree No. 442, as amended, and
15 
other laws, the MLC, 2006 and other international treaties and conventions to which
16 
the Philippines is a signatory, are faithfully complied with and fairly applied to all
17 
Filipino seafarers.
18 
The DOLE shall likewise determine and set appropriate benchmarks consistent with
19 
the MLC, 2006, this Act and other applicable laws on employment conditions and
20 
other labor standards and regulations;
21 
(b) Department of Foreign Affairs (DFA) - The DFA shall, through its home offices or
22 
foreign posts, give paramount importance to the safety and well-being of Filipino
23 
seafarers, by providing adequate and timely intervention and assistance, such as
24 
representing their interests with foreign authorities concerned and facilitating their
25 
repatriation when they are destressed or beleaguered;
26 
(c) Department of Health (DOH) - The DOH shall regulated the activities and
27 
operations of all clinics, which conduct physical, optical, dental, psychological, and
28 
other similar examinations, hereinafter referred to as health examinations, on
29 
Filipino seafarers;
30 
The DOH shall determine and prescribe the nature of the health examination that
31 
shall be required of a seafarer, ensuring that such examination will genuinely
32 
determine the seafarer's state of health, considering the duties that the seafarer
33 
shall be required to perform on board. The DOH shall likewise prescribe the
34 
contents of the medical certificate to ensure accuracy of the finding/s stated
35 
therein.
36 
The DOH shall also strictly comply with its tasks and mandate under Republic Act
37 
No. 8042, as amended.
38 
(d) Philippine Overseas Employment Administration (POEA) - the POEA shall review
39 
the contracts of employment and the working conditions of the officers and crew
40 
of the vessels of Philippine registry operating internationally, and of such officers
41 
and crew members who are Filipino 
citizens and employed by foreign vessels to
42 
ensure that these comply with the prescribed standards.
43
18


1 
(e) Overseas Workers Welfare Administration (OWWA) - The OWWA shall, through its
2 
welfare officers or coordinating officers, provide the Filipino seafarers and their
3 
families all the assistance they may need in the enforcement of contractual
4 
obligations by agencies and their principals.
5 
The OWWA shall likewise formulate and implement welfare programs for overseas
6 
Filipino seafarers and their families while they are abroad and upon their return. It
7 
shall ensure the awareness by the overseas Filipino workers and their families of
8 
these programs and other related governmental programs.
9 
(f) Maritime Industry Authority (MARINA) - The MARINA shall ensure that all maritime
10 
education including the curricula and training programs are structured and
11 
delivered in accordance with written programs, methods and media of delivery,
12 
procedures and course materials, international standards as prescribed under the
13 
STCW Convention. The Marina shall be tasked to ensure that the guidelines for the
14 
flag state on fair treatment of seafarers in the event of a maritime accident are
15 
observed at all times.
16 
(g) Philippine Coast Guard (PCG) - The PCG, in line with its function to enforce
17 
applicable laws within the maritime jurisdiction of the Philippines, shall assist the
18 
DOLE in the enforcement of Department Orders and other issuances implementing
19 
the MLC, 2006. In addition, the PCG shali be the agency tasked in ensuring that
20 
the guidelines for the port state/coastal state on fair treatment of seafarers in the
21 
event of a maritime accident are observed at all times.
22 
(h) National Maritime Polytechnic (NMP) - The NMP shall enhance the employability
23 
and competitiveness of Filipino seafarers in the domestic and international labor
24 
market by offering specialization and upgrading courses for both licensed officers
25 
and ratings, and by conducting researches and studies on the last maritime
26 
technologies and other related matters for the maritime industry.
27 
(i) Philippine Information Agency (PIA) - The PIA shall disseminate information about
28 
government programs, projects, and services to the Filipino seafarers and their
29 
families, and other stakeholders in the Philippine maritime industry, both local and
30 
overseas, with the final goal of seeing the quality of their lives improved and
31 
empowered to productively participate in the country's development.
32 
The PIA shall also ensure proper and adequate information dissemination of the
33 
concerns and benefits of this Act to the general public especially to its intended
34 
beneficiaries, specifically at the barangay level.
35 
Unless otherwise provided in this Act, the mandate, power and function of all
36 
existing departments, agencies or instrumentalities of the government, including
37 
government-owned and controlled corporations, shall remain and continue to be
38 
recognized in accordance with the law or order creating them.
39 
SEC. 66, Philippine Seafarer's One Stop Processing Center (PSOC) - An integrated
40 
document processing center, to be known as the Philippine Seafarer's One-Stop Shop
41 
Processing Center (PSOC), shall be established to assist seafarers and the general public.
42 
The agencies that are mandated to provide services in the PSOC are as follows:
43 
(a) Department of Labor and Employment;
44 
(b) Department of Foreign Affairs;
45 
(c) Commission on Higher Education;
19


1 
(d) Professional Regulation Commission;
2 
(e) National Telecommunication Commission;
3 
(f) Philippine Overseas Employment Administration;
4 
(g) Overseas Workers Weifare Administration
5 
(h)Technical Education and Skilis Development Authority;
6 
(i) Maritime Industry Authority;
7 
0) . National Bureau of Investigation;
8 
(k) Social Security System;
9 
(I) , Philippine Health Insurance Corporation;
10 
(m) 
Philippine Statistics Authority;
11 
(n) Home Devetopment Mutual Fund;
12 
(o) Such other government agencies that the Secretary of DOLE may deem appropriate
13 
to be inciuded in the PSOC.
14 
Further, the PSOC, for its initial operation, shali create pilot centers in strategic
15 
areas in Luzon, Visayas and Mindanao that are identified as having the highest
16 
concentration of seafarers. The data gathered for the PSOC shall be made accessible to
17 
and utilized by the maritime sector and stakeholders.
18 
The local government units (LCDs) are encouraged to reduce the amount of local
19 
taxes, fees and charges imposed on transaction made by seafarers with the PSOC in
20 
connection with their profession.
21
22
CHAPTER XX 
TRIPARTISM
23 
SEC. 67. Tripartism. - In line with ILO's principle of tripartism as embodied in the
24 
MLC, 2006, as amended, a Maritime Industry Tripartite Council (MITC) shall be
25 
established. The members of the MITC shall be composed of: 1) the competent authority
26 
represented by the DOLE; 2) a representative of shipowners' organizations concerned;
27 
and 3) a representative of recognized seafarers' unions. The MITC will serve as a body for
28 
tripartite consultation and discussion among government, management and labor, and
29 
shall work together to address maritime iabor and employment concerns and come up
30 
with policies, guidelines and regulations affecting the Philippine maritime seafaring
31 
industry. The MITC shali protect the welfare of seafarers, and at the same time, ensure
32 
the continuous employment, marketabiiity, cost-competitiveness and expansion of job
33 
opportunities of Filipino seafarers and shipowners.
34
35
CHAPTER XXI 
FINAL PROVISIONS
36 
SEC. 68. Administrative Fines and Penalties. - Any shipowner, master, their
37 
representative or other competent person who fails or refuses to present employment
38 
records, such as payrolls, daily time records, pay slip or other documents, when required
39 
by the Secretary of Labor and Employment or the duly authorized representative of the
40 
Secretary, or the duly authorized representative of a recognized organization, shall be
41 
liable for administrative fines and penalties in accordance with the IRR of this Act.
42 
SEC. 69. Penalties for Violations of Inspection and Enforcement - Any person
43 
who, without proper authorization, exercises the authority granted to the Secretary of
44 
Labor and Employment under Section 55 and 56 of this Act, shall be punished with a fine
45 
of not less than One hundred thousand pesos (P100,00.00) nor more than Four hundred
46 
thousand pesos (P400,00.00), or imprisonment of not iess than one (1) year nor more
20


1
2
3
than four (4) years, or both at the discretion of the court. The foregoing offense shall 
prescribe after five (5) years from its commission, or upon discovery of the violation by 
competent authorities.
4 
SEC. 70. Transitory Provision. - All rights, privileges and benefits previously
5 
enjoyed by Filipino seafarers before the effectivity of this Act, including those set forth in
6 
Presidential Decree No. 442, as amended and Republic Act No. 8042, as amended, shall
7 
continue to be recognized and shall not be diminished.
8 
SEC. 71. Impiementing Ruies and Regulations. - The DOLE, in coordination with
9 
the DFA, MARINA, PCG, and other concerned agencies, shall formulate the rules and
10 
regulations to implement this Act within ninety (90) days after its effectivity,
11 
SEC. 72. Separability Clause. - If, for any reason, any section, clause or term of
12 
this Act is held to be illegal, invalid, or unconstitutional, such parts not affected by such
13 
declaration shall remain in full force and effect.
14 
SEC. 73. Repealing Clause - All laws, presidential decrees, issuances, executive
15 
orders, letters of instruction, rules and regulations inconsistent with the provisions of this
16 
Act are hereby repealed or modified accordingly.
17 
SEC. 74. Effectivity. -This Act shall take effect fifteen (15) days after its publication
18 
in the Official Gazette or in a newspaper of general circulation.
19 
Approved,
21