Republic of the Philippines 
1 
HOUSE OF REPRESENTATIVES 
2 
Quezon City, Metro Manila 
3 
4 
EIGHTEENTH CONGRESS 
5 
 Second Regular Session 
6 
7 
HOUSE BILL NO. _______________ 
8 
9 
10 
Introduced by ANG PROBINSYANO  
11 
Party-List Representative Alfred Delos Santos 
12 
13 
14 
EXPLANATORY NOTE 
15 
16 
It is well known that remittances by Filipino domestic workers contribute 
17 
considerably to the Philippine economy, but the contribution made by the 
18 
nation’s seafarers may be less well known. In 2018, they remitted more than 
19 
US$6 billion – about 20 percent of the money sent home through official 
20 
channels by an estimated 10 million Filipinos working overseas. But the outsize 
21 
contribution that Filipino seafarers make to both global trade and the Philippine 
22 
economy is shrinking fast, with smaller crews and cutthroat competition from 
23 
other maritime nations among a host of pressures driving a sharp decline in the 
24 
number of Filipinos working at sea.1 
25 
26 
Several studies have shown that seafaring occupation had a higher mortality 
27 
compared to other working groups. They hurdle work-related  challenges such 
28 
as loneliness, boredom, overwork and  injuries due to a hazardous working 
29 
environment just to support their loved ones. Furthermore, several studies and 
30 
reports have likewise shown that Filipino seafarers  are more prone to  chronic 
31 
diseases  and sexually-transmitted infections (STIs) because of their unique work 
32 
situation. Certain aspects of their work situation such as long periods of 
33 
isolation, long working hours, occupational hazards and stress can increase 
34 
their vulnerability to  work  and  lifestyle-related  diseases.2 
35 
36 
The economic contributions and documented work-related concerns of this 
37 
workforce make it imperative to give attention to their health, safety and well-
38 
being. The most common health-related problems mentioned by informants from 
39 
dry 
cargo 
bulk/tanker 
vessels 
were 
sexually-transmitted 
infections, 
40 
hypertension, accidents, heart attack, and homesickness.3 
41 
1 Watkin, H. (2019). Despite powering global trade, Filipino seamen face growing threats  
2 Gregorio, Jr., E. (2012). The Filipino Seafarers’ Lived Experiences aboard International Shipping 
Vessels: A Basis for Health Promotion Intervention. 
3 Ibid 2. 
April 29, 2021
3:48 pm
9281


1 
The Philippine ratification of the International Labor Organization (ILO) Maritime 
2 
Labor Convention 2006 in 2012 provided an international legal framework for 
3 
the protection and betterment of the conditions of the seafarers, including 
4 
Filipinos on board oceangoing and domestic ships. Despite the ratification of the 
5 
said treaty, there remains a gap in localized and specific institutional 
6 
arrangements as to the rights and welfare of Filipino seafarers, i.e. legislation.  
7 
8 
As such, this bill will serve as a local institutional framework and basis for the 
9 
MLC 2006 and an immediate intervention to the aforementioned problems and 
10 
issues faced by Filipino seafarers. This Magna Carta aims to ultimately uphold 
11 
the rights and promote a more dignified and respectable image of our seafarers 
12 
- our modern day heroes.
13 
14 
In view of the foregoing, the urgent approval of this bill is earnestly sought. 
15 
16 
17 
18 
19 
 ALFRED C. DELOS SANTOS 
20 
Representative, Ang Probinsyano Partylist 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 


Republic of the Philippines 
1 
HOUSE OF REPRESENTATIVES 
2 
Quezon City, Metro Manila 
3 
4 
EIGHTEENTH CONGRESS 
5 
 Second Regular Session 
6 
7 
HOUSE BILL NO. _______________ 
8 
9 
10 
Introduced by ANG PROBINSYANO  
11 
Party-List Representative Alfred Delos Santos 
12 
13 
14 
AN ACT INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS 
15 
16 
Be it enacted by the Senate and the House of Representatives of the 
17 
Philippines in Congress assembled: 
18 
19 
CHAPTER I 
20 
GENERAL PROVISIONS 
21 
22 
SECTION 1. Short Title. – This Act shall be known as the "Magna Carta of 
23 
Filipino Seafarers." 
24 
25 
SECTION 2. Declaration of Policies. – It is hereby declared the policy of the 
26 
State: 
27 
a. To afford Filipino seafarers full protection before, during, and after
28 
employment by granting them certain rights as maritime
29 
professionals, in recognition of their unique role and contribution to
30 
national development;
31 
b. To maintain and progressively develop a pool of competent and
32 
world-class seafarers through a system of education, training,
33 
accreditation, and licensing;
34 
c. To establish mechanisms for the enhancement of administrative,
35 
adjudicative, social as well as welfare services for them and their
36 
families; and
37 
d. To enact laws that adopt, and implement the standards set by
38 
international conventions and agreements on working and living
39 
conditions, and occupational safety and health, among others, for
40 
seafarers particularly the Maritime Labor Convention, 2006;
41 
42 
Toward these ends, the State shall endeavor to improve the Filipino 
43 
seafarers' working conditions, terms of employment, career prospects and 
44 
provide them opportunities to harness their potentials to the fullest, and offer 
45 
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viable alternative livelihood to the unemployed seafarer. The State shall further 
1 
promulgate policies and programs to protect the rights and to uplift the socio-
2 
economic well-being of the Filipino seafarers and their families, and to develop a 
3 
vibrant and sustainable national shipping industry to provide jobs for Filipino 
4 
seafarers on board ships that are beneficially owned by Filipinos in the near 
5 
future, instead of manning them on flags of convenience and foreign ships. 
6 
 
7 
SECTION 3. Applicability. – This Act shall cover Filipino seafarers engaged, 
8 
employed, or working in any capacity onboard Philippine registered ships 
9 
operating domestically or internationally, as well as those on board foreign-
10 
registered ships. 
11 
 
12 
This Act shall not cover the following categories of ships:  
13 
 
14 
a. Warships and naval auxiliaries;  
15 
b. Government ships not engaged in commercial operations;  
16 
c. Ships of traditional build, as may be defined under existing rules 
17 
and regulations; and 
18 
d. Fishing vessels which navigate exclusively in inland water or water 
19 
within or closely adjacent to sheltered water, or areas where port 
20 
regulations apply; 
21 
 
22 
SECTION 4. Definition of Terms. – As used in this Act:  
23 
 
24 
a. Cadet refers to a student of a maritime educational institution who 
25 
is required to undergo training on-board registered international 
26 
ships or domestic ships and fulfill the requirement of the maritime 
27 
bachelor's degree or another maritime academic course; 
28 
b. Domestic Shipping refers to the transport of passenger or cargo or 
29 
both by ships duly registered and licensed under Philippine law to 
30 
engage in trade and commerce between Philippine ports and within 
31 
Philippine territorial or internal waters for hire or compensation with 
32 
general or limited clientele whether permanent, occasional or 
33 
incidental, with or without fixed rates and undertaken for 
34 
contractual or commercial purposes; 
35 
c. International Maritime Convention or International Convention 
36 
refers to any written treaty or agreement, or any protocol or 
37 
amendment thereto, affecting the maritime industry which has come 
38 
into force and effect, including the Maritime Labor Convention, 
39 
2006; 
40 
d. License refers to the document issued by the Department of Labor 
41 
and Employment (DOLE) authorizing any person or entity to engage 
42 
in the recruitment and placement of seafarers; 
43 
e. Manning / Recruitment and Placement Agency refers to any Filipino 
44 
person, corporation, partnership, company, or other entity engaged 
45 
in the canvassing, enlisting, contracting, transporting, utilizing, 
46 


 
hiring, or procuring whether for profit or not, of seafarers whether 
1 
domestic or international; 
2 
f. Maritime Industry Stakeholders refer to all private sector 
3 
stakeholders, engaged in the business of owning, managing, 
4 
chartering, or operating domestic and international ship(s) of 
5 
Philippine or foreign registry, manning of ships, management of 
6 
ports, stevedoring, and arrastre services, ship brokering and 
7 
chartering, ship-budding and ship repair, providing maritime 
8 
services such as ship supplies and provisions, maritime education 
9 
and training, shipping agency, and other similar activities.  This 
10 
term shall also include bona fide maritime labor organizations, 
11 
professional 
associations 
of 
seafarers, 
non-governmental 
12 
organizations advocating for the rights and welfare of seafarers and 
13 
their families, and other civil society entities with similar goals. 
14 
g. Master refers to a person having command of a ship; 
15 
h. Marine Labor Certificate refers to the document that certifies that 
16 
the working and living conditions of the seafarers on the ship have 
17 
been inspected and are compliant with the requirements of 
18 
Philippine laws and regulations and with the Maritime Labor 
19 
Convention 2006;  
20 
i. Philippine National refers to any individual who is a citizen of the 
21 
Philippines, or a commercial partnership or corporation organized 
22 
under the laws of the Philippines, at least 60% of the capital of which 
23 
is owned by citizens of the Philippines; 
24 
j. Philippine Seafarers' One Stop Availing Center (PSOC) refers to the 
25 
facility created under DOLE Administrative Order No. 56, series of 
26 
2003, which houses multiple offices or agencies involved in 
27 
providing services to seafarers, in one place; 
28 
k. Point of Hire refers to the place where the contract of employment 
29 
was executed;  
30 
l. Recognized Organizations refer to organizations recognized by the 
31 
DOLE to carry out inspections or issue the Maritime Labor 
32 
Certificate in accordance with the scope of activities covered by their 
33 
authorizations; 
34 
m. Repatriation refers to the process of returning a seafarer to the point 
35 
of hire; 
36 
n. Seafarer refers to a person who is employed or is engaged to work in 
37 
any capacity onboard a ship to which the Act applies; 
38 
o. Ship or Vessel refers to any kind, class or type of craft or artificial 
39 
contrivance capable of floating in the water, whether publicly or 
40 
privately owned, ordinarily engaged in commercial activities and 
41 
offshore operations; 
42 
p. Sea Going Ship refers to a ship other than those which navigate 
43 
exclusively in inland water or water within or closely adjacent to 
44 
sheltered water, or areas where port regulations apply;  
45 


 
q. Ship owner refers to the owner of the ship employing Filipino 
1 
seafarers to work onboard domestic ships or on ships engaged in 
2 
international trade, or any other organization or person, such as the 
3 
manager, agent, or bareboat charterer, who has assumed the 
4 
responsibility for operation and management of the ship, and who, 
5 
in assailing such responsibilities, has agreed to take over all the 
6 
attendant duties and responsibilities of a ship owner under this Act, 
7 
regardless of whether any other organization or persons fulfill 
8 
certain of the duties or responsibilities on behalf of the ship owner. 
9 
 
10 
CHAPTER II  
11 
SEAFARERS' RIGHTS 
12 
 
13 
SECTION 5. Right to Just Terms and Conditions of Work. – Seafarers shall 
14 
have the right to: 
15 
 
16 
a. A safe and secure workplace that complies with international safety 
17 
standards; 
18 
b. Decent working and living conditions onboard a ship, and security 
19 
of tenure for those who have acquired regular employment status by 
20 
working for a cumulative period of one year with the same employer, 
21 
manning agent, or foreign or domestic ship owner; 
22 
c. Medical care, welfare measures, and other forms of health and social 
23 
protection; and the right to seek the second opinion from other DOH 
24 
Accredited clinics or competent and licensed physicians in the event 
25 
of the seafarer's doubt on the medical assessment of the company 
26 
designated or approved physician or clinic; and 
27 
d. Fair terms and conditions of employment including salary 
28 
commensurate to their rank, hours of work, and another relevant 
29 
basis for wage computation, the minimum number of working 
30 
hours, rest period consistent with Philippine laws or international 
31 
maritime conventions, when applicable. 
32 
 
33 
SECTION 6. Right to Self-organization to Engage in Collective Bargaining 
34 
and to Participate in Concerted Action. – Seafarers shall enjoy their right to self-
35 
organization, to collective bargaining, to concerted actions including going on 
36 
strike, and participates in the deliberation of issues and in the formulation of 
37 
policies that affect them, including the guarantee of representation in governing 
38 
boards or appointment in government instrumentalities. 
39 
 
40 
SECTION 7. Right to Educational Advancement and Training at Reasonable 
41 
and Affordable Costs. – Seafarers' education shall be the principal responsibility 
42 
of the state. They shall have access to educational advancement and training at 
43 
reasonable and affordable costs. No fee or other charges shall be imposed on 
44 


 
cadets, interns, apprentices, on-the-jab-trainees, or other persons similarly 
1 
situated and they shall be paid commensurate wages as provided in this Act. 
2 
 
3 
Toward this end, relevant government agencies shall: 
4 
 
5 
a. Establish more state-run maritime schools and training centers, 
6 
and regulate the operation of all educational and training 
7 
institutions offering courses related to seafaring 
8 
b. Pursue grant programs such as scholarships, subsidies, loan 
9 
assistance, and other measures that will reduce the cost of 
10 
education and training for seafarers and harness the skills of 
11 
Filipino seafarers toward greater efficiency; and 
12 
c. Promote quality maritime education and training that respond to the 
13 
needs of the industry and in accordance with minimum 
14 
international maritime standards of competency. 
15 
 
16 
SECTION 8. Right to Relevant Information. – Ship owners, manning 
17 
agencies, and other organizations responsible for the recruitment and placement 
18 
of Filipino seafarers shall be mandated to provide seafarers relevant information, 
19 
including the terms and conditions of employment and company policies 
20 
affecting seafarers, provide them a copy of their POEA Contract and the 
21 
Collective Bargaining Agreement when applicable. This right shall include the 
22 
right of seafarers' organizations to relevant information affecting the terms and 
23 
conditions of employment of their members. 
24 
 
25 
All ships covered by this Act shall have a copy of the Maritime Labor 
26 
Convention of 2006 and the grievance procedures observed on board. 
27 
 
28 
SECTION 9. Tripartism and Tripartite Conferences. – Seafarers, ship 
29 
owners, and legitimate seafarers' and ship owners' organizations, as well as other 
30 
relevant stakeholders, including NGOs and civil society organizations working 
31 
for seafarers rights and welfare, shall be adequately consulted before adopting 
32 
any maritime policy, executive issuance, rule, or regulation affecting seafarers 
33 
and their families is promulgated, or before any maritime law that may directly 
34 
affect them is enacted. 
35 
 
36 
Tripartism in labor relations of seafarers has hereby declared a State 
37 
policy. Towards this end, seafarers, ship owners, International Transport 
38 
Workers Federation (ITF), Mission to Seafarers, Stella Maris, Migrante 
39 
International, and other Non-Governmental Organizations shall, as far as 
40 
practicable, be represented in the decision and policy-making bodies of the 
41 
government. 
42 
 
43 
A tripartite council shall be created to represent the aforementioned 
44 
sectors and representations. The Secretary of Labor and Employment together 
45 
with MARINA shall promulgate the necessary rules and regulations to specify the 
46 


 
functions of the tripartite council. The operations of the tripartite council shall 
1 
be funded from the regular budget of the DOLE. 
2 
 
3 
SECTION 10. Right Against Discrimination. – Upon employment, seafarers 
4 
shall have the right against discrimination by sole reason of age, race, sex, 
5 
gender, religion, and political opinion. Career opportunities shall be promoted 
6 
and appropriate working and living conditions shall be guaranteed equally 
7 
among male and female seafarers and those of other gender orientation. 
8 
 
9 
SECTION 11. Right to Free Legal Representation. – Seafarers who are 
10 
victims of violations of the provisions of this Act or of their employment contract 
11 
or other labor laws, and who cannot afford the services of a competent and 
12 
independent counsel shall have the right to free legal assistance and protection 
13 
at government's expense, and to the fair and speedy disposition of the case, 
14 
including the expeditious settlement of money claims, subject to existing laws, 
15 
rules and regulations. 
16 
 
17 
SECTION 12. Right to Access to Communication and to Shore Leaves. 
18 
Seafarers, especially during their free time or when they are not on duty shall 
19 
have reasonable access to ship-to-shore telephone communications, and email 
20 
and internet facilities, where available, and to adequate shore leave when the 
21 
ship is in a port. 
22 
 
23 
SECTION 13. Right to Fair Treatment in the event of Maritime Accident 
24 
Epidemic, Piracy, or other Perils at Sea. – In the event of a maritime accident, 
25 
epidemic, piracy, or other perils at sea, the seafarer shall be treated fairly and 
26 
be entitled to all the rights in international law, including the rights under 
27 
ILO/IMO 2006 Guidelines on Fair Treatment of Seafarers in the Event of a 
28 
Maritime Accident, Annex to IMO Resolution 1056 (27) of November 30, 2011, 
29 
and the Maritime Labor Convention 2006, but not limited thereto; 
30 
 
31 
CHAPTER III  
32 
DUTIES OF SEAFARERS 
33 
 
34 
SECTION 14. Seafarers shall have the following duties: 
35 
 
36 
a. To comply with and observe the terms and conditions of the 
37 
employment contract;  
38 
b. To abide by lawful and reasonable company personnel policies; 
39 
c. To be obedient to the lawful commands of the Master or the Master's 
40 
lawful successor, and to comply with the ship owners/principal's 
41 
policy on safety and operational procedures and instructions given 
42 
in connection therewith; 
43 


 
d. To be diligent in the performance of duties relating to the ship, its 
1 
stores, equipment, and cargo, whether onboard, in transit, or 
2 
ashore; 
3 
e. To be, at all times, orderly and respectful to the shipmates, 
4 
passengers, shippers, stevedores, port authorities, and other 
5 
persons who have official business with the ship; and 
6 
f. To be personally responsible for maintaining a healthy lifestyle. 
7 
 
8 
CHAPTER IV  
9 
MINIMUM REQUIREMENTS FOR SEAFARERS 
10 
 
11 
SECTION 15. Minimum Age. – No person below eighteen (18) years old, 
12 
other than a cadet, shall be employed, engaged, or otherwise allowed to work 
13 
onboard Philippine registered slips operating domestically or internationally, as 
14 
well as onboard foreign-registered ships. 
15 
 
16 
SECTION 16. Medical Certificates. – No seafarer shall be employed, 
17 
engaged, or otherwise allowed to work onboard a domestic or ocean-going ship 
18 
unless a medical certificate has been issued declaring the seafarer to be fit to 
19 
work. The seafarer shall hold a valid medical certificate issued by a medical 
20 
facility duly accredited by the Department of Health (DOH) in accordance with 
21 
its existing rules and regulations. 
22 
 
23 
The medical certificate shall certify that the person is expected to be able 
24 
to meet the minimum requirements for performing the duty specific to the 
25 
person's post at sea safely and effectively during the period of the validity of the 
26 
certificate. 
27 
 
28 
For the purpose of this Section, a medical certificate issued in accordance 
29 
with the requirements of STCW shall be accepted. No waiver of liabilities 
30 
resulting to forfeiture of benefits shall be allowed in case of insufficient 
31 
compliance with a fit to work certification during the pre-employment medical 
32 
examination, and in case a seafarer has signed such a waiver, it is null and void 
33 
ab initio for being contrary to this Act and to public policy and cannot be used 
34 
against the seafarer in any proceeding, arbitration or negotiation on entitlements 
35 
in case of sickness, injury or death. 
36 
 
37 
SECTION 17. Training and Qualifications. – Only seafarers certified by 
38 
appropriate government agencies shall work, be employed, or be engaged 
39 
onboard a ship. 
40 
 
41 
SECTION 18. Recruitment and Placement. – Only duly licensed manning or 
42 
placement and recruitment agencies shall be allowed to operate and engage in 
43 
the recruitment and placement of seafarers, in accordance with the rules and 
44 
regulations as may be issued by the Secretary of Labor and Employment. 
45 
 
46 


 
SECTION. 19. Prohibition on Fee. – No amount of fee shall be charged to 
1 
the seafarer for their recruitment and placement. The collection of placement 
2 
fees on seafarers shall be punishable as a crime of illegal recruitment under Rep. 
3 
Act 10002. 
4 
 
5 
CHAPTER V  
6 
CADETSHIP 
7 
 
8 
SECTION 20. Applicability. – The shipboard training of cadets shall be 
9 
governed by Sections 5 to 13 of Chapter II; Section 14 of Chapter III; Section 15 
10 
to 19 of Chapter IV; Sections 22 to 23 of Chapter VI; Sections 25 to 27 of Chapter 
11 
VII; Sections 31 to 35 of Chapter LX; Section 36 of Chapter X; and Section 42 of 
12 
Chapter XIV hereof. 
13 
 
14 
SECTION 21. Shipboard Training Agreement for Cadets. – There shall be a 
15 
written agreement between the ship owner on one hand, and the cadet and the 
16 
maritime institution or school on the other, and which shall include the following 
17 
information, terms, and conditions: 
18 
 
19 
a. Cadet's full name, date of birth, birthplace, and age, which should 
20 
be at least sixteen (16) years old;  
21 
b. Name and address of the maritime institution or school;  
22 
c. Name and address of the ship owner, if applicable;  
23 
d. Place and date when the cadet's agreement is entered into;  
24 
e. Capacity in which the cadet is to be trained;  
25 
f. Amount of the cadet's allowance or stipend;  
26 
g. Required number of hours of training and rest which shall not be 
27 
less than the prescribed hours of work and rest in Section 21 of this 
28 
Act. 
29 
h. Duties and responsibilities of the sponsoring company, Maritime 
30 
Higher Education Institutions (MHEIs), and cadets, as may be 
31 
provided under the Standard Cadet Training Agreement on Ships 
32 
Engaged in International Voyage of the Philippine Overseas 
33 
Employment Administration (POEA); and 
34 
i. Other benefits in accordance with the law, company policy, or 
35 
agreements. 
36 
 
37 
The foregoing agreement shall be in a working language and in English, 
38 
executed in three (3) original copies before the commencement of the shipboard 
39 
training. The ship owner, cadet, and the maritime institution/school shall each 
40 
have a signed original of the agreement and an electronic copy thereof shall be 
41 
submitted to the DOLE, through the Bureau of Working Conditions (BWC). A 
42 
signed original copy shall also be made available onboard the ship. 
43 
 
44 
MHEIs shall demonstrate that over the last three (3) years, an average of at least 
45 
the minimum percentage of the target number of cadets, as per updated relevant 
46 


 
Commission on Higher Education (CHED) Memorandum Order are able to secure 
1 
berths in connection with their studies, which minimum percentage, however, 
2 
shall nor be lower than sixty percent (60%) of students enrolled in their Bachelor 
3 
of Science in Marine Transportation (BSMI) or Bachelor of Science in Marine 
4 
Engineering (BSMarE) programs. The CHED, in coordination with the Maritime 
5 
Industry Authority (MARINA), shall ensure that only BSMT or BSMarE programs 
6 
in MHEIs that meet the above requirement are conferred approved or accredited. 
7 
 
8 
CHAPTER VI  
9 
TERMS AND CONDITION OF EMPLOYMENT 
10 
 
11 
SECTION 22. Standard Employment Agreement for Seafarers. – There shall 
12 
be an agreement in writing between the ship owner and the seafarer, which shall 
13 
include the following 'information and terms: 
14 
 
15 
a. Seafarer's full name, date of birth or age, and birthplace; 
16 
b. Ship owner's name and address 
17 
c. Place where and date when the seafarer's employment agreement is 
18 
entered into; 
19 
d. Capacity in which the seafarer is to be employed; 
20 
e. Amount of the seafarer's salary, and the formula used for calculating 
21 
the same; 
22 
f. Hours of work and hours of rest; 
23 
g. Wages and wage-related benefits, which include the following: 
24 
overtime pay, holiday pay, premium pay, paid leaves, 13th-month 
25 
pay, if applicable; 
26 
h. Social security and welfare benefits;  
27 
i. Stipulation on repatriation or similar undertakings;  
28 
j. Separation pay and retirement pay, if applicable;  
29 
k. Reference to the collective bargaining agreement, if applicable,  
30 
l. Other benefits in accordance with the law, company policy, or 
31 
agreements. 
32 
 
33 
The foregoing employment agreement shall be in a working language or in 
34 
English, executed in three (3) original copies before the commencement of the 
35 
employment. The ship owner and the seafarer shall each have a signed original 
36 
of the agreement. A signed original shall be made available onboard the ship. 
37 
 
38 
The Philippine Overseas Employment Administration - Standard 
39 
Employment Contract (POEA-SEC) approved by the DOLE shall be observed in 
40 
the employment of Filipino seafarers onboard ocean-going Philippine registered 
41 
ships or foreign registered ships. 
42 
 
43 
When there is a collective bargaining agreement, a copy thereof must be 
44 
maintained on-hoard the ship and every seafarer coved must be provided with a 
45 
copy thereof. 
46 


 
 
1 
The terms and conditions for employment as provided by the POEA SEC 
2 
and the CBA shall always be consistent and updated with the latest amendment 
3 
to the Maritime Labor Convention 2006 and other existing treaties and 
4 
conventions governing seafarers duly entered into by the Philippines. 
5 
 
6 
SECTION 23. Wages. — Upon effectivity of this Act, the Regional Tripartite 
7 
Wages and Productivity Boards shall set the minimum wage rates of the 
8 
seafarers on board ships engaged in domestic shipping taking into account the 
9 
peculiarities of the employment arrangement of seafarers and the criteria as 
10 
determined pursuant to Republic Act No. 6727, otherwise known as 'Wage 
11 
Rationalization Act" or other applicable laws. 
12 
 
13 
Provided that wages for actual work hours and days shall not be lower 
14 
than the applicable minimum wage rates in the place where the ship is registered 
15 
or where it is domiciled, and the higher wage rate in case of discrepancy shall be 
16 
applicable. Wages shall be paid at least once every two (2) weeks or twice a 
17 
month, at intervals not exceeding sixteen (16) days. Trainees, probationary crew 
18 
members, and others similarly situated shall be paid full minimum wage in 
19 
accordance with the services rendered. 
20 
 
21 
SECTION 24. Hours of Work and Hours of Rest. — The normal hours of 
22 
work of seafarer shall not exceed eight (8) hours a day. If the seafarer is allowed 
23 
to work beyond eight (8) hours, the maximum hours of work shall not exceed 
24 
fourteen (14) hours in any 24-hour period, and seventy-two (72) hours in any 7-
25 
day period. 
26 
 
27 
The minimum hours of rest for every seafarer shall nor be less than ten 
28 
(10) hours. Hours of rest may be divided into no more than two (2) periods, one 
29 
of which shall be at least six (6) hours in length, and the interval between 
30 
consecutive periods of rest shall not exceed fourteen (14) hours. 
31 
 
32 
In exceptional cases, seafarers in watchkeeping duties may be required to 
33 
work beyond fourteen (14) hours provided that the rest period is not less than 
34 
seventy (70) hours in any 7-day period. This exception shall not be allowed for 
35 
more than two (2) consecutive weeks. The intervals between two (2) periods of 
36 
exceptions shall not be less than twice the duration of the exception. 
37 
 
38 
SECTION 25. Paid Annual Leave. — Unless higher annual leave pay is 
39 
provided under a Collective Bargaining Agreement (CBA) or by the Ship owner 
40 
as company practice or custom, the seafarer shall be paid an annual leave pay 
41 
to be calculated on the basis of a minimum of at least 25 calendar days per 
42 
month of employment. 
43 
 
44 
For ships licensed to engage in domestic shipping, the provisions on 
45 
"Holidays, Service Incentive Leaves and Service Charges" of Presidential Decree 
46 


 
No. 442, or the Labor Code of the Philippines, as amended, shall continue to 
1 
apply unless higher annual leave is already provided under the Collective 
2 
Bargaining Agreement or by the ship owner as company practice or policy, or by 
3 
contract, including the POEA SEC when applicable. 
4 
 
5 
CHAPTER VII  
6 
REPATRIATION 
7 
 
8 
SECTION 26. Seafarers Shall Be Entitled to Repatriation. – Al costs related 
9 
to the repatriation or transport of the personal effects of a seafarer shall be borne 
10 
by or charged to the ship owner and the maturing agency concerned. The 
11 
expenses of repatriation shall include the transportation charges, pay and 
12 
allowances from the moment the seafarers leave the ship until they reach the 
13 
repatriation destination, the accommodation and the food of the seafarer during 
14 
the journey, and transportation of at least thirty kilograms (30 kgs.) of the 
15 
seafarers' personal luggage to the repatriation destination. The primary 
16 
responsibility to repatriate entails the obligation on the part of the ship owner or 
17 
agency to advance the repatriation and other attendant costs, including plane 
18 
fare, the deployment cost of the principal, and immigration fines and penalties, 
19 
to immediately repatriate the seafarer should the need for arises, without a prior 
20 
determination of the cause of the termination of the seafarer's employment. 
21 
However, after the worker has returned to the country, the ship owner or agency 
22 
may recover the cost of repatriation from the seafarer if the termination of the 
23 
employment was due solely to the seafarer's fault. 
24 
 
25 
SECTION 27. Emergency Repatriation for Seafarers on Board Foreign 
26 
Registered Ships. – In cases of war, epidemics, abandonment of ship by ship 
27 
owners, disasters, calamities, natural or man-made, and other similar events, 
28 
the Department of Foreign Affairs (DFA), in coordination with the POEA and the 
29 
Overseas Workers Welfare Administration (OWWA), shall undertake the 
30 
repatriation of seafarers. The DFA shall draw from the Emergency Repatriation 
31 
Fund (ERF) provided under the General Appropriations Act (GAA) to defray the 
32 
expenses involved in the repatriation of undocumented seafarers, while the 
33 
POEA shall require manning agencies to effect the repatriation of seafarers 
34 
within forty-eight (48) hours or suffer the penalty of suspension. In case of failure 
35 
of the manning agency to provide for the repatriation within the prescribed time, 
36 
the POEA shall coordinate with the OWWA to advance the cost of repatriation of 
37 
the seafarer without prejudice to reimbursement from the concerned maiming 
38 
agency. 
39 
 
40 
The DFA shall take the lead in the repatriation of the affected seafarers in 
41 
areas where there is no Philippine Overseas Labor Office (POLO). 
42 
 
43 
SECTION 28. Repatriation for Seafarers on Board Domestic Ships. – The 
44 
provisions on repatriation, or return to the port of hire, as may be applicable, 
45 
shall also apply to seafarers working on domestic ships. Seafarers onboard 
46 


 
domestic ships shall be entitled to emergency repatriation in cases of war, 
1 
epidemics, abandonment of ship by ship owners, disasters or calamities, 
2 
whether natural or man-made and other similar events. 
3 
 
4 
CHAPTER VIII  
5 
MANNING REQUIREMENT 
6 
 
7 
SECTION 29. Manning Levels. – All ships of the Philippine registry shall 
8 
observe the required minimum manning levels in accordance with the 
9 
requirements prescribed by the MARINA. 
10 
 
11 
Every ship shall be manned by a crew that is adequate in terms of size and 
12 
qualifications taking into account the need to operate the vessel safely and 
13 
efficiency, and the avoidance of crew stress and fatigue mused by undermanning. 
14 
 
15 
SECTION 30. Crew Competence. – The crew members of a ship of 
16 
Philippine registry shall possess the appropriate certificate of competency, which 
17 
sets forth their competence to serve and perform the functions involved at the 
18 
level of responsibility, for the position held, for the type, tonnage, power, means 
19 
of propulsion, and trading patterns of the ships concerned. 
20 
 
21 
The certificate of competency shall attest to the fact that the seafarer to 
22 
whom it is issued meets the requirements for service, age, qualification, and has 
23 
successfully passed the examinations conducted to determine the seafarer's 
24 
proficiency and level of expertise for the position. 
25 
 
26 
SECTION 31. Registry of Seafarers. – To better respond to the manning 
27 
requirements of oceangoing ships of foreign registry, and domestic and 
28 
oceangoing ships of Philippine registry, the POEA, and the MARINA, respectively, 
29 
shall maintain a registry of all seafarers in the Philippines. The registry shall 
30 
contain the relevant information or data to promote employment opportunities 
31 
for seafarers whether onboard or ashore and allow for the appropriate learning 
32 
for and implementation of additional training, skills, and competency 
33 
development programs for seafarers. 
34 
 
35 
CHAPTER IX  
36 
ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING 
37 
 
38 
SECTION 32. Accommodation Facilities. – All ships of the Philippine 
39 
registry shall have safe, decent, and adequate accommodations for seafarers 
40 
considering the need to protect the health and safety of seafarers working or 
41 
living onboard. 
42 
 
43 
SECTION 33. Requirements for Sanitation. – All ships of the Philippine 
44 
registry shall have sanitation facilities that meet the minimum standards for 
45 


 
health and hygiene and are accessible to seafarers on board. The sanitation 
1 
facilities shall be located at convenient places, allowing for easy access to work 
2 
stations. Separate facilities shall be provided for male and female crew. 
3 
 
4 
SECTION 34. Recreational Facilities. – Unless otherwise exempted herein 
5 
or by appropriate regulations, all ships of the Philippine registry shall have 
6 
recreational facilities, amenities, and services that are appropriate and 
7 
accessible to seafarers. 
8 
 
9 
Domestic ships the regular voyage of which does not exceed thirty-six (36) 
10 
hours may be exempted from this requirement upon presentation of proof that 
11 
their trading patterns and length of voyages allow their crew to go home or to 
12 
make me of comparable facilities on land. 
13 
 
14 
SECTION 35. Food and Catering. – The ship owner shall ensure the 
15 
protection and promotion of the health of seafarers. Whenever applicable, a ship 
16 
owner shall ensure that a ship serves free food and drinking water of appropriate 
17 
quality, quantity, and nutritional value that adequately covers the requirements 
18 
of the ship and takes into consideration the differing cultural and religious 
19 
backgrounds of seafarers. All foods and drinks and the preparation thereof shall 
20 
be in accordance with the standards of the Sanitation Code of the Philippines 
21 
and pertinent laws, rules, and regulations. 
22 
 
23 
SECTION 36. Application. – The requirements of this chapter for crew 
24 
accommodation and recreational facilities covering ships of Philippine registry 
25 
shall be applicable to the following: 
26 
 
27 
a. All oceangoing ships and domestic ships constructed on or after the 
28 
date when the ILO MLC 2006 conies into force; 
29 
b. All second-hand ships, whether oceangoing or domestic, acquired or 
30 
leased, and entered in the Philippine registry after the entry date 
31 
into force of the said Convention unless provided exemption by the 
32 
relevant Philippine government agency; and 
33 
c. All ships constructed prior to the entry into force of the MLC, 2006 
34 
which have undergone major or substantial structural alterations 
35 
after the entry into force of the Convention unless provided 
36 
exemption by the relevant Philippine government agency. 
37 
 
38 
CHAPTER X  
39 
HEALTH PROTECTION AND MEDICAL CARE 
40 
 
41 
SECTION 37. Medical Care on Board Ships and Ashore. – The ship owner 
42 
shall provide adequate equipment, paraphernalia, and medical supplies, 
43 
including medicines on hoard, and shall ensure access to shore facilities for the 
44 
health of seafarers, as well as the corresponding medical or trained personnel 
45 
who shall provide first aid and medical care pursuant to the Maritime 
46 


 
Occupational Safety and Health Standards and other pertinent laws, rules and 
1 
regulations. 
2 
 
3 
The ship owner shall ensure that seafarers have access to medical 
4 
treatment for any illness or injury, hospitalization, and dental treatment and for 
5 
prompt medical transport and attention in case of a medical emergency. A 
6 
seafarer shall have the right to consult a qualified physician or dentist without 
7 
delay in ports of call, where practicable. The health protection and medical care 
8 
under this section shall be provided at no cost to the seafarer. 
9 
 
10 
SECTION 38. Right to Financial Consequences of Sickness, Injury, or Dearth 
11 
Occurring in Connection with Employment. – All seafarers shall have the right to 
12 
material assistance and support from the ship owner with respect to the financial 
13 
consequences of sickness, injury, or death occurring while they are serving 
14 
under a seafarer's employment agreement or arising from their employment 
15 
under such agreement without prejudice to any other legal remedies that a 
16 
seafarer may seek. The ship owner shall provide an expeditious and effective 
17 
financial security system to compensate the seafarers in accordance with the 
18 
Maritime Labor Convention 2000 and its amendments and appendices. The 
19 
payment of contractual claims shall not bar seafarers from pursuing other claims 
20 
based on law, tort, or quasi-delict in applicable jurisdictions at the option of the 
21 
seafarer. 
22 
 
23 
CHAPTER XI  
24 
EMPOWERMENT OF FILIPINO WOMEN SEAFARERS AND GENDER 
25 
SENSITIVITY 
26 
 
27 
SECTION 39. Rights and Welfare of Filipino Women Seafarers. – The rights 
28 
and welfare Filipino women seafarers on board ocean-going and domestic ships 
29 
must be protected and upheld. Gender sensitivity must be instilled in all 
30 
government agencies and offices working with seafarers, on ship owners, and 
31 
manning agencies, and on the crew and passengers of ships, foreign and 
32 
domestic. Filipino women seafarers shall also be empowered and made aware of 
33 
their human rights through gender awareness and sensitivity, and women 
34 
empowerment courses in maritime schools, training centers, Pre Departure 
35 
Orientation Seminars (PDOS), and onboard the ships as part of the regular drills 
36 
and education of all crew members, must be implemented.  
37 
 
38 
SECTION 40. Enhanced access to educational advancement and training. – 
39 
Women seafarers shall be given enhanced access to education and training. 
40 
Government-owned Maritime Higher Education Institutions (MHEls) and 
41 
Maritime Training Institutions (MTh) shall provide adequate scholarships to 
42 
women students and trainees utilizing their Gender and Development (GAD) 
43 
budgets. 
44 
 
45 


 
SECTION 41. Gender Sensitivity Training for Seafarers. – The National 
1 
Maritime Polytechnic (NMP) shall continue to develop, enhance, and increase the 
2 
accessibility of its Gender Sensitivity Training for Seafarers to the maritime 
3 
industry stakeholders, offering the training course in an E-Learning format. The 
4 
NMP shall also strengthen its research capability to provide comprehensive 
5 
resources including gender-related topics and courses. 
6 
 
7 
SECTION 42. Organizing and Empowering Filipino Women Seafarers. – 
8 
Women seafarers shall be encouraged to organize and form associations, or join 
9 
trade unions and link up with other networks of women seafarers and workers 
10 
from different nationalities. A helpline for women and male victims of sexual 
11 
harassment and bullying must be set up by the POEA in coordination with other 
12 
government agencies. 
13 
 
14 
CHAPTER XII  
15 
WELFARE AND SOCIAL SECURITY PROTECTION 
16 
 
17 
SECTION 43. Social Welfare Benefits. – Without prejudice to established 
18 
policy, CBA, or other applicable social agreement, all seafarers shall as far as 
19 
practicable, become members of the Social Security System (SSS), Employees' 
20 
Compensation and State Insurance Fund, PhilHealth, Home Development 
21 
Mutual Fund (or Pag-IBIG Fund) and shall enjoy the benefits afforded pursuant 
22 
to membership thereof, and the payment of the employer counterpart shall be 
23 
solidarily borne by the manning agent and the ship owner. 
24 
 
25 
CHAPTER XIII  
26 
COMPLIANCE AND ENFORCEMENT 
27 
 
28 
SECTION 44. Compliance and Certification. – All ships of the Philippine 
29 
registry shall comply with the provisions of this Act. The ship owner or master 
30 
shall ensure the compliance of the ship with the provisions of this Ave and its 
31 
implementing rules and regulations. All ships of foreign registry manning 
32 
Philippine seafarers or entering in Philippine waters shall be compliant with the 
33 
minimum standards set by this Act and by the Maritime Labor Convention 2006, 
34 
and in case of conflict, the provision more favorable to the seafarer shall prevail. 
35 
 
36 
The ship owner and master, as acting ship owner's representative, shall 
37 
be made principally liable for my violation of the provisions of this Act and its 
38 
implementing rules and regulations. 
39 
 
40 
For this purpose, a Maritime labor Certificate or a Maritime Labor 
41 
Compliance, as applicable, shall be issued in accordance with the implementing 
42 
odes and regulations. The DOLE, the DFA, and the MARINA, in consultation with 
43 
ship owners and seafarers' organizations, shall formulate the said implementing 
44 
rules and regulations. 
45 
 
46 


 
SECTION 45. Inspection and Enforcement. – The Secretary of Labor and 
1 
Employment or the duly authorized representative shall have the principal 
2 
authority m inspect all Philippine ships, domestic or oceangoing, to ensure 
3 
compliance with the provisions of this Act The duly authorized representative 
4 
shall have the power to board ships and carry out any examination, test or 
5 
inquiry in order to ensure that the standards established under this Act and its 
6 
implementing rules and regulations are strictly observed. The said representative 
7 
authorized by the DOLE and the Philippine Coast Guard shall have the power to 
8 
board any ship of any registry entering Philippine waters to ensure compliance 
9 
with the Maritime Labor Convention 2006 and the possession of the Maritime 
10 
labor Certificate and Maritime Labor Compliance required by the said 
11 
convention. 
12 
 
13 
The Secretary of Labor and Employment may authorize other government 
14 
agencies or duly recognized organizations to conduct an inspection and issue 
15 
certification in accordance with the provisions of this Act and its implementing 
16 
rules and regulations. The Secretary of Labor and Employment or the duly 
17 
authorized representative shall have the power to order immediate restitution of 
18 
differences, and impose fines for violations of the provisions of this Act. 
19 
 
20 
The right of the Secretary of Labor and Employment in this section does 
21 
not bar the lawful inspection of ships in Philippine waters by the union, the 
22 
inspectors of the International Transport Workers Federation (ITF), Mission to 
23 
Seafarers, Stella Maris, Migrante International, and other Non-Governmental 
24 
Organizations providing ship inspections and assistance to seafarers onboard 
25 
ships. 
26 
 
27 
If the violation or deficiency constitutes a serious breach of the 
28 
requirement of this Act and its implementing rules and regulations or poses an 
29 
imminent danger to the ships or to the life or limb of the seafarer, the Secretary 
30 
of Labor and Employment or the duly authorized representative may immediately 
31 
order the detention of the ship until the violation or deficiency is corrected. 
32 
Recourse to the regular court of admiralty (Regional Trial Court) for the arrest or 
33 
detention of ships can also be resorted to by any crew member regardless of 
34 
nationality. 
35 
 
36 
SECTION 46. Recognized Organization. – Recognized organizations may be 
37 
authorized by the Secretary of Labor and Employment to conduct the inspector 
38 
of ship's premises and issue the maritime labor certificate or the certificate of 
39 
compliance, as appropriate, in accordance with the provisions of this Act and its 
40 
implementing rules and regulations. 
41 
 
42 
A recognized organization must have the necessary knowledge of the 
43 
requirements of this Act and its implementing sites and regulations, the NILC, 
44 
2006, and other relevant international treaties or conventions. 
45 
 
46 


 
Likewise, to be recognized and authorized to issue a Maritime Labor 
1 
Certificate it must also have the necessary and qualified professional and 
2 
technical expertise to conduct the inspection and certify to the ship's compliance 
3 
with established standards. 
4 
 
5 
CHAPTER XIII  
6 
TERMINATION OF EMPLOYMENT AND SECURITY OF TENURE 
7 
 
8 
SECTION. 47. Termination of Employment and Security of Tenure. – 
9 
 
10 
a. The contractual employment of Filipino seafarers onboard 
11 
Philippine-registered ships operating internationally, as well as 
12 
those on board foreign-registered ships, shall cease when the 
13 
seafarers complete their period of contractual service aboard the 
14 
ship, sign off from the ship, and arrive at the point of hire, provided 
15 
that, a seafarer who has worked with the same employer, manning 
16 
agency or ship owner for a cumulative period equivalent to one year, 
17 
shall attain the status of a regular employee with similar rights and 
18 
benefits as a regular employee under the Labor Code of the 
19 
Philippines, PD 442 as amended. 
20 
 
21 
The contractual employment is also terminated effective upon 
22 
arrival at the point of hire for any of the following reasons: 
23 
 
24 
i. 
When the seafarer signs off and is disembarked for medical 
25 
reasons in the event the seafarer is declared: fit for 
26 
repatriation; or when after an illness the seafarer is declared 
27 
fit to work, but the employer is unable to find employment for 
28 
the seafarer onboard the ship originally boarded or on another 
29 
ship of the employee;  
30 
ii. 
When the seafarer signs off due to the sale of the ship, lay-up 
31 
of the ship, discontinuance of voyage or change of ship 
32 
principal;  
33 
iii. 
When the seafarer voluntarily resigns in writing and signs off 
34 
prior to the expiration of contract within a reasonable period 
35 
as may be prescribed in the implementing rules and 
36 
regulations of this Act; or 
37 
iv. 
When the seafarer is discharged for just causes in accordance 
38 
with the provisions of Art. 282 of the Labor Code of the 
39 
Philippines as amended. 
40 
b. The termination of employment of a seafarer onboard domestic ships 
41 
shall be governed by the provisions of the Labor Code of the 
42 
Philippines, as amended, on domestic shipping. 
43 
c. The termination of employment of a seafarer on board a foreign 
44 
vessel or foreign-registered ships shall be governed by the POEA-
45 
SEC or applicable CBA, provided that a seafarer who has worked for 
46 


 
the same manning agent or for the same ship owner or both, for a 
1 
cumulative period of one year shall enjoy the security of tenure of a 
2 
regular employee as per Art. 279 of the Labor Code of the Philippines 
3 
as amended, and the employer is obligated to rehire and give the 
4 
right of first refusal to a regular employee who qualifies, and is 
5 
willing to work, for the next available vacant position of similar or 
6 
higher rank Once a seafarer has acquired the regular status, he can 
7 
no longer be refused successive employment unless he resigns in 
8 
writing, has abandoned his employment, or is dismissed for just 
9 
came as provided in Art 282 of the Labor Code of the Philippines as 
10 
amended. 
11 
 
12 
CHAPTER XIV  
13 
SETTLEMENT OF DISPUTES 
14 
 
15 
SECTION 48. On Board and Onshore Grievance Mechanism. – All ships of 
16 
the Philippine registry shall prescribe and observe fair, effective, and expeditious 
17 
onboard and onshore methods and procedures to handle grievance at no cost to 
18 
the seafarer, in accordance with the implementing rules and regulations of this 
19 
Act. 
20 
 
21 
In cases where a seafarer is a member of a legitimate trade union 
22 
organization, any grievance shall, as a condition precedent to conciliation-
23 
mediation, undergo the grievance machinery with the involvement of the union 
24 
as established in its CBA. Without prejudice to any misting law, any agreement 
25 
reached by the parties during the grievance negotiation shall be final and 
26 
binding. 
27 
 
28 
SECTION 49. Mandatory, Conciliation-Mediation, and Arbitration. – 
29 
Seafarers, whether engaged, employed, or working onboard ships of Philippine 
30 
registry or other registries, shall avail of the conciliation-mediation services of 
31 
the DOLE pursuant to Republic Act No. 10396 and its implementing mks and 
32 
regulations, by filing a request for assistance before the conciliation mediation 
33 
desks at the Regional/Field/Provincial Offices of the DOLE or its attached 
34 
agencies. 
35 
 
36 
In case of failure of conciliation-mediation in cases where seafarers are 
37 
covered by the CBA, the case shall be submitted for Voluntary Arbitration in 
38 
accordance with Articles 261 and 262 of the Labor Code, as amended. In cases 
39 
where seafarers are not covered by the CBA, or despite a CPA, the dispute is not 
40 
covered by the cases stated in Articles 261 and 262 of the Labor Code the 
41 
seafarer shall have the option to submit the case to Compulsory Arbitration or 
42 
to Voluntary Arbitration. 
43 
 
44 
CHAPTER XV  
45 
REINTEGRATION FOR OVERSEAS FILIPINO SEAFARERS 
46 


 
  
1 
SECTION 50. Reintegration. – Returning or unemployed overseas Filipino 
2 
seafarers may avail of the livelihood development and training programs, 
3 
placements, and other services offered by concerned government agencies, 
4 
including the Overseas Workers Welfare Administration (OWWA), the Technical 
5 
Education and Skills Development Authority (TESDA), the Technology and 
6 
Livelihood Resource Center (TLRC), the Cooperative Development Authority 
7 
(CDA), the National Maritime Polytechnic (NMP), and the CHED. 
8 
 
9 
These agencies shall formulate skills upgrading or retraining curricula to 
10 
meet the needs of returning or unemployed seafarers. The participation of the 
11 
maritime sector, in particular, the port and shipping industry, and maritime 
12 
educational institutions shall be likewise solicited by the DOLE in devising the 
13 
appropriate retaining and local job placement programs for unemployed 
14 
seafarers. 
15 
 
16 
The National Reintegration Center for OFWs (NRCO) shall attend to the 
17 
needs of returning seafarers. The Center shall provide mechanisms for their 
18 
reintegration into the Philippine society, serve as a promotion house for their 
19 
local employment, and tap their skills and potential for national development. 
20 
 
21 
SECTION 51. Credit Delivery and Financial Assistance. – Financial 
22 
assistance for alternative sustainable livelihood programs, or for upgrading or 
23 
renewing certificates of competency and training, shall be made available to 
24 
seafarers by the government. Upon the approval of this Act, the Landbank, 
25 
Development Bank of the Philippines, Small Business Guaranty and Finance 
26 
Corporation (SBGFC), the People's Credit and Finance Corporation (PCFC), and 
27 
the OWWA shall set up a special credit window that will service the financing 
28 
needs of the seafarers, consistent with the applicable BSP policies, rules, and 
29 
regulations. 
30 
 
31 
The Landbank, Development Bank of the Philippines (DBP), Small 
32 
Business Guaranty and Finance Corporation (SBGFC), the People's Credit and 
33 
Finance Corporation (PCFC), and the OWWA shall submit a report annually to 
34 
the appropriate committee of both Congress (The House Committee on Overseas 
35 
Workers Affairs and the Smite Committee on Labor and Employment) on the 
36 
state of implementation of this provision. 
37 
 
38 
SECTION 52. Information Dissemination. – The Philippine Information 
39 
Agency (PIA) shall ensure the proper and adequate information dissemination of 
40 
the concerns and benefits of this Act to the general public, especially to the 
41 
seafarers and their families, in the local government units, down to the barangay 
42 
level. 
43 
 
44 
CHAPTER XVI  
45 
INCENTIVES AND AWARDS GRANTED TO THE MARITIME INDUSTRY 
46 


 
 
1 
SECTION 53. Incentives and Awards. – There shall be an established 
2 
incentives and awards system for the maritime industry stakeholders which 
3 
shall be developed and administered by the concerned government agency in 
4 
consultation with the Maritime Industry Tripartite Council (MITC). 
5 
 
6 
Under such rules and regulations that may be promulgated, deserving 
7 
ship owners, seafarers, manning, and other organizations or entities shall be 
8 
commended or awarded for their outstanding performance in upholding the 
9 
rights of seafarers and complying with this Act. 
10 
 
11 
CHAPTER XVII  
12 
GOVERNMENT AGENCIES 
13 
 
14 
SECTION 54. Role of Government Agencies. – The following government 
15 
agencies shall perform the following functions to promote the welfare and protect 
16 
the rights of Filipino seafarers: 
17 
  
18 
a. Department of Labor and Employment (DOLE) - The DOLE shall 
19 
exercise sole and exclusive jurisdiction in implementing the 
20 
provisions of this Act and ensure that the standards set forth herein, 
21 
under Presidential Decree No. 442, as amended, and other laws, the 
22 
Maritime Labor Convention 2006, and other international treaties 
23 
and conventions to which the Philippines is a signatory are faithfully 
24 
complied with and fairly applied to Filipino seafarers. The DOLE 
25 
shall likewise determine and set appropriate benchmarks consistent 
26 
with the MLC, 2006, this Act, and other applicable laws on 
27 
employment conditions and other labor standards and regulations. 
28 
b. Department of Foreign Affairs (DFA) - The DFA, through its home 
29 
offices or foreign posts, shall give paramount importance to the 
30 
safety and well-being of Filipino seafarers, by providing adequate 
31 
and timely intervention and assistance, such as representing than 
32 
interests with foreign authorities concerned and facilitating their 
33 
repatriation when they are distressed or beleaguered. 
34 
c. Department of Health (DOH) - The DOH shall regulate the activities 
35 
and operations of all clinics which conduct physical, optical, dental, 
36 
psychological, and other similar examinations, hereinafter referred 
37 
to as health examinations, on Filipino seafarers. The DOH shall 
38 
determine and prescribe the nature of the health examination that 
39 
shall be required of a seafarer, ensuring that such examination will 
40 
genuinely determine the seafarer's state of health, considering the 
41 
duties that the seafarer shall be required to perform onboard. The 
42 
DOH shall likewise prescribe the contents of the medical certificate 
43 
to ensure that such certification will genuinely reflect the seafarer's 
44 
state of health. 
45 


 
d. Philippine Overseas Employment Administration (POEA) - The POEA 
1 
shall look review the contracts of employment and the working 
2 
conditions of the officers and crew of vessels of Philippine registry 
3 
operating internationally, and of such officers and crew members 
4 
who are Filipino citizens and employed by foreign vessels to ensure 
5 
that these comply with the prescribed standards.  
6 
e. Overseas Workers Welfare Administration (OWWA) - The OWWA, 
7 
through its welfare officers or coordinating officers, shall provide the 
8 
Filipino seafarers and their families all the assistance they may need 
9 
in the enforcement of contractual obligations by agencies and their 
10 
principals. The OWWA shall likewise formulate and implement 
11 
welfare programs for overseas Filipino seafarers and their families 
12 
while they are abroad and upon their return. It shall ensure the 
13 
awareness by the overseas Filipino seafarers and their families of 
14 
these programs and other related governmental programs. 
15 
f. Maritime Industry Authority (MARINA) - The MARINA shall ensure 
16 
that all maritime education including the curricula and training 
17 
programs are structured and delivered in accordance with written 
18 
programs, methods, and media of delivery, procedures, and course 
19 
materials, international standards as prescribed under the STCW 
20 
Convention. The MARINA shall ensure that the guidelines for the 
21 
Flag State on Fair Treatment of Seafarers in the Event of a Maritime 
22 
Accident be observed. 
23 
g. Philippine Coast Guard (PCG) - The PCG, in line with its function to 
24 
assist in the enforcement of applicable laws within the maritime 
25 
jurisdiction of the Philippines, shall assist the DOLE in the 
26 
enforcement 
of 
Department 
Orders 
and 
other 
issuances 
27 
implementing the ILO MLC 2006, including orders to detain vessels 
28 
found in gross violation of pertinent laws, codes, and regulations. In 
29 
addition, the PCG shall he the agency tasked in ensuring that the 
30 
Guidelines for the Port State/Coastal State on Fair Treatment of 
31 
Seafarers in the Event of a Maritime Accident, be observed. 
32 
 
33 
Unless otherwise provided in this Act, the mandate, power, and function 
34 
of all existing departments, agencies, or instrumentalities of the government, 
35 
including government-owned and controlled corporations, shall remain and 
36 
continue to be recognized in accordance with the law or order creating them. 
37 
 
38 
SECTION 55. Philippine Seafarers' One-Stop Processing Center (PSOC). – 
39 
The PSOC shall operationalize and make available to the public an integrated 
40 
document processing center for the seafarers and the general public to conduct 
41 
official transactions. The agencies that are mandated to provide services in the 
42 
PSOC are as follows: 
43 
 
44 
a. Department of Labor and Employment;  
45 
b. Department of Foreign Affairs; 
46 


 
c. Commission on Higher Education;  
1 
d. Professional Regulation Commission;  
2 
e. National Telecommunications Commission;  
3 
f. Philippine Overseas Employment Administration;  
4 
g. Overseas Workers Welfare Administration;  
5 
h. Technical Education and Skills Development Authority;  
6 
i. Maritime Industry Authority;  
7 
j. National Bureau of Investigation;  
8 
k. Social Security System;  
9 
l. Philippine Health Insurance Corporation;  
10 
m. Philippine Statistics Authority;  
11 
n. Home Development Mutual Fund; and 
12 
o. Such other government agencies that the Secretary of Labor and 
13 
Employment may deem appropriate to be included in the PSOC. 
14 
 
15 
Further, the PSOC for its initial operation shall create a pilot PSOC in 
16 
areas identified with the highest number of seafarers. The data gathered for the 
17 
PSOC shall be made accessible to and shall be utilized by the maritime sector 
18 
and stakeholders. The local government units (LGUs) are encouraged either to 
19 
reduce the amount of local taxes, fees, and charges imposed or to exempt 
20 
documents or transactions pertaining to the process of the PSOC. 
21 
 
22 
CHAPTER XVIII  
23 
FINAL PROVISIONS 
24 
 
25 
SECTION 56. Administrative Fines and Penalties. – Any ship owner, 
26 
master, their representative, or another person who fails or refuses to present 
27 
employment records, such as payrolls, daily time records, payslip, or other 
28 
documents, when required by the Secretary of Labor and Employment, or the 
29 
duly authorized representative of the Secretary of Labor and Employment, or the 
30 
duly authorized representative of a recognized organization, shall be imposed 
31 
administrative fines and penalties in accordance with the implementing rules 
32 
and regulations promulgated to implement this Act. 
33 
 
34 
SECTION 57. Transitory Provision. – All rights, privileges, and benefits 
35 
previously enjoyed by Filipino seafarers by law or jurisprudence, before the 
36 
effectivity of this Act, including those set forth in Presidential Decree No. 442, 
37 
otherwise known as the Labor Code of the Philippines, as amended, and Republic 
38 
Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos 
39 
Act of 1995", as amended, shall continue to be recognized and shall not be 
40 
diminished. 
41 
 
42 
SECTION 58. Implementing Rules and Regulations. – The DOLE, in 
43 
coordination with the DFA, the MARINA, and other concerned agencies, shall 
44 
formulate the rules and regulations to implement this Act within ninety (90) days 
45 
after its effectivity. 
46 


 
 
1 
SECTION 59. Separability Clause. – If any provision or part of this Act is 
2 
held invalid or unconstitutional, the remaining provisions or parts unaffected 
3 
shall remain in full force and effect. 
4 
 
5 
SECTION 60. Repealing Clause. – All laws, executive orders, presidential 
6 
decrees or issuances, letters of instruction, administrative orders, rules, and 
7 
regulations contrary to or inconsistent with the provisions of this Act are hereby 
8 
repealed, amended, or modified accordingly. 
9 
 
10 
SECTION 61. Effectivity Clause. – This Act shall take effect fifteen (15) days 
11 
after its publication in the Official Gazette or in a newspaper of general 
12 
circulation. 
13 
 
14 
Approved, 
15