Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
First Regular Session

56
H. B. No.

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

Filipino seafarers account for 20 percent, or approximately 240,000 seamen, of the
world’s total merchant fleet of over 1.2 million. Figures from the Philippine Overseas
Employment Administration (POEA) show that the deployment of Filipino seafarers reached
330,424 in 2009 which according to the report of the Bangko Sentral ng Pilipinas accounts for a

total remittance of about 3.4 Billion US Dollars, or 20% of the total foreign remittances in the
same year.

The current general perception is that existing labor laws and social legislation,
particularly Republic Act No. 8042, otherwise known as the Overseas Filipinos and Migrant
Workers’ Act of 1995, are insufficient to address the fundamental needs of the Filipino
seafarers. The sector of Filipino seafarers particularly observes that special laws must be
crafted explicitly for the benefit of the Filipino seafarers as their circumstances are unique from
either the mainstream of so-called OFWs or of the rest of the labor force. Apparently, RA 8042
has no specific provision directed at seafarers except in the stipulation of general principles.
Seafaring as an employment classification is not even included in the definition of said law.
While RA 8042 caters mostly to the land-based workers, the rules in deploying sea-based
OFWs, as they are substantially different from the rules governing the deployment of land-based
OFWs, must acknowledge the internationally recognized instruments, such as those of the ILO
and International Maritime Organization (IMO) specially those that concern illegal recruitment
and disciplinary measures for manning agencies. These are not given emphasis in Republic
Act 8042.

In this bill, therefore, a comprehensive protection measure for the Filipino seafarers is
proposed. Several references were considered in the crafting of this bill. Foremost of these are
about twenty (20) legislative measures on seafaring which were filed during the past
Congresses. Provisions deemed beneficial to Filipino seafarers were lifted and incorporated
from the draft. Some of the aforesaid bills are entirely new proposals while others are simply


amendments of existing laws, rules and regulations affecting the interest and rights of the

seafaring sector.

Several provisions from existing laws are also included in the proposed bill for emphasis.
These laws include the Philippine Labor Code, Republic Act No, 8042 (Overseas Filipinos and
Migrant Workers’ Act of 1995), the POEA Standard Employment Contract, International
Convention on the STCW '78, as amended, 36 ILO Conventions relevant to the concerns and
well-being of seafarers. of which were ratified by the Philippines, and the different laws
creating and re-structuring the different government agencies relevant to the interest and
welfare of Filipino seafarers. The Revised Rules of Court was also considered in relation to the
jurisdiction and venue of illegal recruitment cases and money claims. Reference were also
made to laws creating the government agencies enumerated in herein this Magna Carta for the
purpose of enhancing their mandate and functions to provide better service and protection to
seafarers.

: )—
JUAN EDGARDO “SONNY” M. ANGARA
Representative
Lone District, Province of Aurora


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

H. B. No.

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

CHAPTER |
GENERAL PROVISIONS

SECTION. 1. Short Title. This Act shall be known as the “Magna Carta of Filipino
Seafarers.”

SEC. 2. Declaration of Policies. [a)] It is hereby declared the policy of the State:

a) To recognize the rights, contributions and unique role of Filipino seafarers, as well as
their vulnerabilities, and afford them full protection before, during and after their
employment;

b) TO ADOPT ALL LAWS, RULES AND REGULATIONS FOR THE BENEFIT AND
SAFETY OF SEAFARERS THAT HAVE BEEN AGREED UPON IN
INTERNATIONAL CONVENTIONS ESPECIALLY, BUT NOT LIMITED TO, THE
CONSOLIDATED MARITIME LABOR CONVENTION WHICH WAS APPROVED
BY THE INTERNATIONAL LABOR ORGANIZATION IN 2006, AS PART OF THE
LAW OF THE LAND BY EXERTING ALL EFFORTS TO ENSURE THE
RATIFICATION OF THE PERTINENT CONVENTIONS OR PROVISIONS
THEREOF AND BY ENACTING APPROPRIATE LAWS;

c) To maintain and progressively develop a pool of competent and world class domestic
and international seafarers of all grades and ratings through a system of education
and training and of accreditation and licensing; AND

d) To establish mechanisms for the enhancement of administrative, adjudicative, social
as well as welfare services for them and their families.

Toward these ends, the State shall endeavor to improve the Filipino seafarers’ working
conditions, terms of employment, career prospects and provide them opportunities to harness
their potentials to the fullest. The State shall further work to uplift the socio-economic well-being
of their respective families

SEC. 3. Applicability. All rights and benefits granted under this Act shall, except as may
otherwise be provided herein, apply to the Filipino seafarers as defined herein. ALL RIGHTS,
PRIVILEGES AND BENEFITS PREVIOUSLY ENJOYED BY FILIPINO SEAFARERS BEFORE
THE EFFECTIVITY OF THIS ACT, ESPECIALLY BUT NOT LIMITED TO, THOSE SET
FORTH IN REPUBLIC ACT NO. 8042, SHALL CONTINUE TO BE RECOGNIZED AND
SHALL NOT BE DIMINISHED AFTER THE EFFECTIVITY OF THIS ACT.


SEC. 4. Definitions. For purposes of this Act, the following terms shall have the
following definitions:

a)

9)

h)

o)

[“Authority” refers to the document issued by the DOLE authorizing any

person or entity to engage in the recruitment and placement of seafarers or
OFWs;]

“CDA” refers to the Cooperative Development Authority[.] ;

“Commission on Higher Education (CHED)” refers to the government agency
created pursuant to Republic Act No. 7722;

“Department of Education (Dep-Ed)” refers to the government agency created
pursuant to Executive Order No. 117 (30 January 1987), as amended by
Republic Acts 7722, 7796, and 9155 (11 August 2001);

“Department of Foreign Affairs (DFA)” refers to the government agency
created pursuant to Republic Act No. 7157;

“Department of Labor and Employment (DOLE)” refers to the government
agency created pursuant to Executive Order No. 292;

“DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC)”
REFERS TO THE GOVERNMENT AGENCY CREATED PURSUANT TO
EXECUTIVE ORDER NOS. 125 AND 125-A SERIES OF 1987;

“Departure” refers to the actual departure from the point of hire of a Filipino
seafarer through air, sea or land travel transport to join his vessel in a Philippine
or foreign port;

“ILO” refers to the International Labour Organization;
“IMO” refers to the International Maritime Organization;

“Informal Blacklisting” refers to the unlawful practice of MANNING OR
CREWING AGENCIES OR recruitment and placement services [agencies], or
companies to directly or indirectly prevent or deter seafarers, without valid cause
from gaining productive employment, whether the job applicant is for employment
or reemployment;

“License” refers to the document issued by the DOLE authorizing any person or
entity to operate a manning agency;

“Manning or Crewing Agencies” OR “RECRUITMENT AND PLACEMENT
SERVICES” shall refer to any person, company, institution, agency or other
organization in the public or private sector, which is engaged in recruiting
seafarers on behalf of the employers or placing seafarers with employers;

“Maritime Industry” refers to all enterprises engaged in the business of
managing and / or operating shipping lines, management of ports, stevedoring
arrastre, customs brokerage and cargo surveys; of ship brokering / chartering,
designing, constructing, manufacturing, acquiring, operating, supplying, repairing
and / or maintaining vessels, or component parts thereof, of shipyards and dry-
docks; of providing maritime services such as ship supplies, ship manning and
training, maritime consultancy, ship repairs, machine shops, shipping agencies,
freight forwarding and similar enterprises;

“Maritime Industry Authority (MARINA)” refers to the government agency
created pursuant to Presidential Decree 474;


P)

a)

aa)

bb)

cc)

dd)

ee)

“Maritime Training Council” refers to the government agency created pursuant
to Letter of Instruction 1404;

“Master” refers to a seafarer who has the command and is in-charge of the
vessel being the representative the vessel's owner,

“MLC 2006” REFERS TO THE CONSOLIDATED MARITIME LABOR
CONVENTION APPROVED BY THE ILO IN 2006;

“NATIONAL MARITIME POLYTECHNIC” REFERS TO THE ONLY
GOVERNMENT-OWNED MARITIME TRAINING CENTER IN THE COUNTRY
CREATED PURSUANT TO P.D. 1369 AND MANDATED TO CONDUCT
TRAINING TO FILIPINO SEAFARERS AND MARITIME RESEARCH;

“NSO” refers to the National Statistics Office;

“Officers” refers to seafarers other than the Master who is designated by
national law or regulation as an officer or is serving in that capacity, such as the
3rd mate, 2nd mate, chief mate, [master mariner in the ship’s deck] the
marine engineer officers in the engine, and other special officers needed in the
vessel;

“Overseas Workers Welfare Administration (OWWA)” refers to the
government agency created pursuant to Executive Order No. 126;

“Philippine Coast Guard (PCG)” refers to the government agency created
pursuant to Republic Act No. 5173;

“Philippine Overseas Employment [Agency] ADMINISTRATION (POEA)”
refers to the government agency created pursuant to Executive Order No. 797,
as amended by Executive Order No. 247;

"Philippine Port” refers to any POINT OF HIRE WHICH MAY EITHER BE A
Philippine airport or seaport;

“PHILIPPINE PORTS AUTHORITY (PPA)” REFERS TO THE GOVERNMENT
CORPORATION CREATED PURSUANT TO PRESIDENTIAL DECREE NO.
505 DATED JULY 11, 1974 AS AMENDED BY, AMONG OTHERS,
EXECUTIVE ORDER NO. 159 SERIES OF 1987;

“PRC” refers to the Professional Regulation Commission,

“Philippine Seafarer One Stop Processing Center (PSOC)” refers to the
facility center which houses all relevant offices / agencies involved in providing
services to seafarers in one roof, created under Administrative Order No. 56 on
24 January 2003;

“Philippine Shipping Companies” refers to entities registered and licensed
under the laws of the Philippines to engage in the business of overseas and/fof]
OR domestic water transportation;

“Point of Hire” refers to the place indicated in the contract of employment which
shall be the basis for determining commencement and termination of contract;

“Principal” or “Employer” refers to any person, partnership or corporation
registered and duly authorized TO EMPLOY FILIPINO SEAFARERS IN ITS
OVERSEAS SHIPPING ACTIVITIES [to engage in overseas shipping activities
engaging Filipino seafarers};

“Rating” refers to any member of the crew other than the Master or the Officer,
who is considered as ordinary seaman, able seaman, boatswain or bosun in the


deck; the wiper, motorman, fitters and such other special ratings needed on
board the vessel;

gg) “Recruitment and Placement” refers to any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring workers, and include
referrals, contact services, promising or advertising employment, locally or
abroad, whether for profit or not [:] ; [Provided, That any person or entity,
which in any manner, offers or promises employment for a fee to two (2) or
more persons shall be deemed engaged in recruitment and placement.]

hh) “Seafarer or Filipino Seafarer” refers to any FILIPINO [person] who fulfills the
conditions to be employed or engaged [as part of the crew or complement of
the] OR TO WORK ON BOARD A ship OR VESSEL AS DEFINED HEREIN
[navigating the domestic and international waters] OTHER than a
government ship used for military or non-commercial purposes. THE TWO (2)
KINDS OF SEAFARER OR FILIPINO SEAFARER ARE:

ii) “Domestic Seafarer” refers to a FILIPINO seafarer on board A PHILIPPINE-
REGISTERED ship or vessel NOT ENGAGED IN INTERNATIONAL VOYAGES
[plying inter-island water or waters within Philippine territory];

jl) “{Overseas Filipino Seafarer or] Overseas Seafarer” refers to [any] FILIPINO
SEAFARERS [person who fulfills the conditions to be] employed or engaged
OR WORKING IN ANY CAPACITY ON BOARD A SHIP ENGAGED IN
INTERNATIONAL VOYAGES [as part of the crew or complement of the ship
navigating the foreign seas other than a government ship used for military
or non-commercial purposes. This term includes CRUISE SHIP
PERSONNEL AND seafarers serving on foreign maritime mobile offshore
units who perform functions similar to those constituting a crew or
fisherman];

kk) “Shipowner” refers to the COMPANY OR owner of the ship 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 from
the ship owner, and who, on assuming such responsibilities, has agreed to take
over all the attendant duties and responsibilities of a ship owner;

Ml) “STCW 1978 ['95]" refers to the International Convention on Standards of
Training, Certification and Watch-keeping for Seafarers, 1978 AS AMENDED IN
{of] 1995;

mm) “Vessel OR SHIP” includes any ship or boat of any nature whatsoever,
ordinarily engaged in maritime navigation, INCLUDING MOBILE OFFSHORE
UNITS CAPABLE OF NAVIGATING UNDER ITS OWN POWER;

nn) “Technical Education and Skills Development Authority” refers to the
government agency created pursuant to Republic Act No. 7796;

00)  “TLRC” refers to the Technical and Livelihood Resource Center; and

pp) “WHO” REFERS TO THE WORLD HEALTH ORGANIZATION.

CHAPTER II
FILIPINO SEAFARER'S RIGHTS

SEC. 5. RIGHT [Access] to Educational Advancement and Training AT
REASONABLE AND AFFORDABLE COSTS. The State shall ensure Filipino seafarers,
whether plying the domestic or international waters, access to educational advancement and
training at reasonable and affordable costs.


Toward this end, the State shall

a) _ Regulate the operation of all educational , TRAINING and review institutions
offering courses related to seafaring: AND

b) Pursue grant programs such as scholarships, subsidies, loan assistance and
other measures that will harness the skills of Filipino seafarers toward greater
competitiveness to new demands in the industry. [; and]

c) [Ensure that requirements on training and upgrading as mandated by
manning and crewing agencies for employment, reemployment or
promotion purposes shall take into account the seafarers’ right to spend
quality time with his family.]

SEC. 6. RIGHT [Access] to Relevant Information. The State shall ensure that
manning or crewing agencies shall provide Filipino seafarers with adequate and relevant
information to make them understand their rights, benefits, obligations, conditions and realities
attending to their profession, and laws and regulations of countries covered by their sojourn,

Toward this end, manning or crewing agencies, and other organizations responsible for
the recruitment and employment of Filipino seafarers, whether plying the domestic or
international waters, shall be mandated to make every contract of employment, the computation
and manner by which salaries are remitted to their allottees, and the specific privileges and
benefits available in the contract of employment accessible to their recruits or clienteles.

ALL SEAFARERS SHALL HAVE ACCESS TO AN EFFICIENT, ADEQUATE AND
ACCOUNTABLE SYSTEM FOR FINDING EMPLOYMENT ON BOARD SHIP WITHOUT
CHARGE TO THE SEAFARER.

SEC. 7. Right to Humane Conditions of Work and Right to Just Compensation, The
State shall guarantee Filipino seafarers the right to humane conditions of work, THE RIGHT TO
A SAFE AND SECURE WORKPLACE THAT COMPLIES WITH SAFETY STANDARDS, THE
RIGHT TO DECENT WORKING AND LIVING CONDITIONS ON BOARD SHIP, THE RIGHT
TO HEALTH PROTECTION, MEDICAL CARE, WELFARE MEASURES AND OTHER FORMS
OF SOCIAL PROTECTION, THE RIGHT TO FAIR TERMS OF EMPLOYMENT and the right to
standard salary [compensatory] COMMENSURATE to their rank, hours of work and other
relevant basis for wage computation, minimum number of working hours, rest day, vacation pay,
and “end-of-contract * pay in accordance with the agreement of the parties concerned and with
existing domestic and international law.

SEC. 8. Rights to Self-organization, to engage in Collective Bargaining and to
participate in democratic exercises. The State shall ensure Filipino seafarers of 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, to include, but not limited to
the CHED, TESDA, PRC, POEA, OWWA, MARINA.

SEC. 9. Right to Legal Representation. Filipino seafarers who are victims of illegal
recruitment, illegal dismissal or suspension and other forms of violation of contracts shall have
the right to free legal assistance and protection at government expense. Courts, administrative
agencies, and other tribunals should ensure a speedy and impartial disposition of their cases.

Every seafarer accused of committing any offense in violation of any provision of his or
her contract has the right to due process, an impartial tribunal and administrative body, and an
expeditious payment of damages and liability in cases where the judgment is favorable to the
Filipino seafarer.


SEC. 10. RIGHT TO REPATRIATION. SEAFARERS HAVE A RIGHT TO BE
REPATRIATED AT NO COST TO THEMSELVES IN THE CIRCUMSTANCES AND UNDER
THE CONDITIONS SPECIFIED IN THE IMPLEMENTING RULES AND REGULATIONS OF
THIS ACT.

SEC. 11. RIGHT AGAINST DISCRIMINATION AND OTHER RIGHTS AND
PRIVILEGES. EQUAL REMUNERATION FOR WORK OF EQUAL VALUE SHALL APPLY
TO ALL SEAFARERS EMPLOYED ON THE SAME SHIP WITHOUT DISCRIMINATION
BASED UPON RACE, COLOR, SEX, RELIGION, POLITICAL OPINION, NATIONAL.
EXTRACTION OR SOCIAL ORIGIN. ALL OTHER RIGHTS AND PRIVILEGES OF
SEAFARERS RECOGNIZED OR GRANTED UNDER THE MLC 2006, AND OTHER
SUBSEQUENT CONVENTIONS WITH EVEN BETTER RIGHTS AND PRIVILEGES FOR
SEAFARERS WHICH MAY BE APPROVED BY THE INTERNATIONAL LABOR
ORGANIZATION, THE UNITED NATIONS OR OTHER INTERNATIONAL BODIES IN THE
FUTURE, SHALL BE ENJOYED BY FILIPINO SEAFARERS.

SEC. 12. RIGHT TO SPEEDY PROCESSING OF ALL DOCUMENTS AND CLAIMS.
THE PROCESSING OF ALL DOCUMENTS NEEDED BY, AND CLAIMS OF, FILIPINO
SEAFARERS SHALL BE SPEEDY AND NOT SUBJECT TO ANY UNREASONABLE DELAY.

SEC. 13. RIGHT TO CONSULTATION ON ALL MATTERS AFFECTING
SEAFARERS. SEAFARERS AND ALL SEAFARERS’ ORGANIZATIONS SHALL BE
CONSULTED BY THE GOVERNMENT BEFORE ADOPTING ANY POLICY, LAW,
EXECUTIVE ISSUANCE, RULE OR REGULATION THAT MAY DIRECTLY OR INDIRECTLY
AFFECT THEM AND/OR THEIR FAMILIES AND BENEFICIARIES.

SEC. 14, RIGHT AGAINST BEING CHARGED AND/OR TREATED AS A CRIMINAL,
SUSPECT IN ACCIDENT AND/OR POLLUTION CASES. NO CRIMINAL CASE SHALL BE
FILED VERSUS A SEAFARER AND NO SEAFARER SHALL BE TREATED AS A CRIMINAL
SUSPECT IN ACCIDENT AND/OR POLLUTION CASES UNLESS THERE IS A PRIMA FACIE
EVIDENCE THAT THE SAID ACCIDENT AND/OR THE CAUSE OF THE POLLUTION IS
DIRECTLY THE RESULT OF THE DELIBERATE CRIMINAL DEED OF THE SEAFARER
CONCERNED.

SEC. 15, RIGHT TO COMMUNICATION. THE RIGHT OF THE SEAFARER TO
COMMUNICATE SHALL NOT BE VIOLATED IN ANY WAY SUBJECT TO REASONABLE
RESTRICTIONS THAT SHALL BE STATED IN HIS EMPLOYMENT CONTRACT WHICH
SHALL BE CLEARLY EXPLAINED TO HIM BEFORE HE SIGNS THE SAID CONTRACT.

SEC. 16. RIGHT OF SEAFARERS, SEAFARER-APPLICANTS, SEAFARER-
TRAINEES, CADETS, INTERNS AND SIMILAR PERSONS AGAINST EXPLOITATION, ANY
KIND OF PHYSICAL HARM, HAZING, SEXUAL HARRASSMENT, VIRTUAL PEONAGE,
SLAVERY, DRUDGERY, INVOLUNTARY, UNPAID AND/OR UNDERPAID SERVITUDE. THE
RIGHT OF SEAFARERS, SEAFARER-APPLICANTS, SEAFARER-TRAINEES, CADETS,
INTERNS AND SIMILAR PERSONS AGAINST EXPLOITATION, ANY KIND OF PHYSICAL
HARM, HAZING, SEXUAL HARRASSMENT, VIRTUAL PEONAGE, SLAVERY, DRUDGERY,
INVOLUNTARY, UNPAID AND/OR UNDERPAID SERVITUDE SHALL BE GUARANTEED BY
THE STATE. TOWARDS THIS END, THE PRACTICE OF SUBJECTING THE SAID
PERSONS TO INVOLUNTARY, UNPAID AND/OR UNDERPAID WORK OR SERVITUDE
AND/OR VIRTUAL PEONAGE, SLAVERY AND DRUDGERY SHALL HENCEFORTH BE
STOPPED AND ANY WORK OR SERVITUDE OF THE SAID PERSONS SHALL
HENCEFORTH BE WITH FAIR AND REASONABLE PAY/REMUNERATION AND WITH
PROPER OBSERVATION/IMPLEMENTATION OF EXISTING LABOR LAWS, RULES AND
REGULATIONS. ANY KIND OF EXPLOITATION, PHYSICAL HARM, HAZING AND/OR
SEXUAL HARRASSMENT AGAINST THE SAID PERSONS SHALL LIKEWISE BE
STRICTLY PROHIBITED. (See Sec. 73 hereof)

SEC. 17. OTHER RIGHTS. ALL OTHER RIGHTS ENJOYED BY OVERSEAS
FILIPINO WORKERS AND FILIPINO WORKERS EMPLOYED IN THE PHILIPPINES AND
OTHER RIGHTS ENJOYED BY ALL WORKERS AS RECOGNIZED BY THE
INTERNATIONAL LABOR ORGANIZATION, UNITED NATIONS AND OTHER


INTERNATIONAL BODIES THAT ARE APPLICABLE TO FILIPINO SEAFARERS SHALL
LIKEWISE BE ENJOYED BY ALL FILIPINO SEAFARERS.

CHAPTER III
PHILIPPINE SEAFARER ONE STOP PROCESSING CENTER

SEC. 18. Philippine Seafarer One Stop Processing Center (PSOC). The PSOC, as
established under Administrative Order No. 56, has been tasked to operationalize and make
available to the public, an integrated document processing center for the seafarers and the
general public to conduct official transactions.

PSOC shall have the services of the following government offices:

a) Overseas Workers Welfare Administration (OWWA);

b) Commission on Higher Education (CHED);

¢) _ Professional Regulation Commission (PRC);

d) Technical Education and Skills Development Authority (TESDA);
) Maritime Industry Authority (MARINA);

f) National Telecommunications Office (NTC);

9) Maritime Training Council (MTC);

h) Department of Foreign Affairs (DFA);

i) National Bureau of Investigation (NBI);

)) Social Security System (SSS);

k) — Pag-IBIG Fund;

))__ Philippine Coast Guard (PCG);

m) PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION;
n) National Statistics Office (NSO); and

©) Such other government offices that the Secretary of DOLE may deem necessary.

SEC. 19. Rationalizing Government Systems and Procedures. The government
offices enumerated under Section [9] 18 hereof shall, within three (3) months from the effectivity
of this Act, and in consultation with seafarers’ organizations, recruitment agency associations,
and non-government organizations concerned, rationalize and streamline policies, rules, and
procedures governing the documentation, licensing, certification, recruitment, hiring’ and
deployment of seafarers and the OFWs, in general

Said offices, through the PSOC, shall enforce the streamlining of policies and
procedures involved in overseas employment with the view of cutting the time required for
documentary processing, simplifying licensing and certification procedures, and facilitating the
extension of welfare and support services to their respective clients

These streamlining efforts shall focus on, among others:

a) Simplification of systems and procedures and reduction of documentary
requirements;

») _Implementation of the full disclosure policy;

©) Formulation and implementation of a system of registration of seafarers and

other OFWs, the registration, accreditation, and licensing of private manning or
crewing agencies, and all other related regulatory function;

4) Elimination of unnecessary and duplicative requirements that go beyond the
requirements as defined in the STCW ‘95, as amended;

) Formulation of a regulated employment standard setting by prescribing minimum
provisions of the employment contract, in conformity with labor standard under
Philippine laws and regulations;

f) [Regulation placement fee policy;]

7


9)

Formulation of rules that ensure speedy disposition of illegal recruitment cases;
[and]

Development and implementation of an effective information program, in
coordination with manning or crewing agencies for the purpose of informing the
seafarers of their rights, obligations, benefits, and option attending to specific
situations that they may face in the course of their employment] ; AND

FORMULATION OF RULES THAT SHALL FURTHER ENSURE THE
IMPLEMENTATION OF THE LAW ON THE EXEMPTION FROM ANY TAX OF
ALL THE REMITTANCES INTO THE COUNTRY OF SEAFARERS EMPLOYED
OVERSEAS AND THE PROTECTION OF SAID SEAFARERS FROM VAGUE,
UNNECESSARY AND/OR EXORBITANT REMITTANCE FEES AND
CHARGES AND LIKEWISE RULES THAT SHALL ENSURE THAT THE RATE
OF CURRENCY EXCHANGE, UNLESS OTHERWISE PROVIDED, SHALL, IN
ACCORDANCE WITH LAWS OR REGULATIONS, BE AT THE PREVAILING
MARKET RATE OR THE OFFICIAL PUBLISHED RATE AND NOT
UNFAVORABLE TO THE SEAFARER.

CHAPTER IV
MANDATORY REQUIREMENTS FOR FILIPINO SEAFARERS.

SEC. 20. Mandatory Minimum Requirements. To be eligible for employment, a

seafarer must.
a)

b)

Be a Filipino Citizen

Be at least, eighteen (18) years old, except as may be determined by the
Secretary of Labor and Employment AND SUBJECT TO THE PROVISIONS OF
THE LAST THREE PARAGRAPHS OF THIS SECTION;

Be fit for duty as certified by the government-accredited institution authorized to
conduct physical and medical examination for overseas employment WITHOUT
VIOLATING THE BASIC RIGHT OF A SEAFARER OR SEAFARER-
APPLICANT TO CHOOSE THE GOVERNMENT-ACCREDITED CLINIC THAT
WILL PERFORM THE SAID PHYSICAL, MEDICAL, OPTICAL AND/OR
DENTAL EXAMINATION, PROVIDED, THAT SEAFARERS WHO HAVE BEEN
REFUSED A CERTIFICATE OR HAVE HAD A LIMITATION IMPOSED ON
THEIR ABILITY TO WORK, IN PARTICULAR WITH RESPECT TO TIME,
FIELD OF WORK OR TRADING AREA, SHALL BE GIVEN THE
OPPORTUNITY TO HAVE A FURTHER EXAMINATION BY ANOTHER
INDEPENDENT MEDICAL PRACTITIONER OR BY AN INDEPENDENT
MEDICAL REFEREE DULY CERTIFIED AS SUCH BY THE SECRETARY OF
LABOR AND EMPLOYMENT, AND PROVIDED FURTHER, THAT UNLESS A
SHORTER PERIOD IS REQUIRED BY REASON OF THE SPECIFIC DUTIES
TO BE PERFORMED BY THE SEAFARER CONCERNED OR IS REQUIRED
UNDER STCW 1978 AS AMENDED IN 1995, A MEDICAL CERTIFICATE
SHALL BE VALID FOR A MAXIMUM PERIOD OF TWO (2) YEARS UNLESS
THE SEAFARER IS UNDER THE AGE OF EIGHTEEN (18), IN WHICH CASE
THE MAXIMUM PERIOD OF VALIDITY SHALL BE ONE (1) YEAR AND A
CERTIFICATION OF COLOR VISION SHALL BE VALID FOR A MAXIMUM
PERIOD OF SIX (6) YEARS, AND PROVIDED FINALLY, THAT A MEDICAL
CERTIFICATE ISSUED IN ACCORDANCE WITH THE REQUIREMENTS OF
STCW 1978 AS AMENDED IN 1995 SHALL BE ACCEPTED BY THE
MANNING OR CREWING AGENCIES AND THAT THE GOVERNMENT-
ACCREDITED CLINICS, MANNING OR CREWING AGENCIES, MEDICAL
PRACTITIONERS, | EXAMINERS,  SHIPOWNERS, SEAFARERS’
REPRESENTATIVES AND ALL OTHER PERSONS CONCERNED WITH THE
CONDUCT OF MEDICAL FITNESS EXAMINATIONS OF SEAFARER


CANDIDATES AND SERVING SEAFARERS SHOULD FOLLOW THE
ILOMWHO GUIDELINES FOR CONDUCTING PRE-SEA AND PERIODIC
MEDICAL FITNESS EXAMINATIONS FOR SEAFARERS, INCLUDING ANY
SUBSEQUENT VERSIONS, AND ANY OTHER APPLICABLE
INTERNATIONAL GUIDELINES PUBLISHED BY THE INTERNATIONAL
LABOR ORGANIZATION, THE INTERNATIONAL MARITIME ORGANIZATION
OR THE WORLD HEALTH ORGANIZATION;

d) Meet the qualification and certification requirements prescribed by the DOLE
[agency concerned] and the standard requirements under the STCW 1978, as
amended, and other international [instruments] LABOR ORGANIZATION-
prescribed relevant standards;

e) BE Registered with and duly certified by the DOLE [agency concerned] as
eligible for overseas employment if [serving on ocean going vessels]
EMPLOYED OVERSEAS, and as eligible for local employment if serving on
board domestic or inter-island vessels; and

f) COMPLY WITH Other qualification requirements as may be prescribed by the
DOLE in keeping with international demands.

PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS SHALL NOT BE
EMPLOYED OR WORK ON VESSELS, OTHER THAN VESSELS UPON WHICH ONLY
MEMBERS OF THE SAME FAMILY ARE EMPLOYED BUT THIS SHALL NOT APPLY TO
WORK DONE BY CHILDREN ON SCHOOL-SHIPS OR TRAINING-SHIPS, PROVIDED THAT
SUCH WORK IS APPROVED AND SUPERVISED BY THE SECRETARY OF LABOR AND
EMPLOYMENT. IN ORDER TO FACILITATE THE ENFORCEMENT OF THIS PROVISION,
EVERY SHIPMASTER SHALL BE REQUIRED TO KEEP A REGISTER OF ALL PERSONS
UNDER THE AGE OF EIGHTEEN (18) YEARS EMPLOYED ON BOARD HIS VESSEL, OR A

LIST OF THEM IN THE ARTICLES OF AGREEMENT, AND OF THE DATES OF THEIR
BIRTHS.

NIGHT WORK OF SEAFARERS UNDER THE AGE OF EIGHTEEN (18) SHALL BE
PROHIBITED. FOR THE PURPOSES OF THIS STANDARD, NIGHT SHALL BE DEFINED IN
ACCORDANCE WITH NATIONAL LAW AND PRACTICE. IT SHALL COVER A PERIOD OF
AT LEAST NINE HOURS STARTING NO LATER THAN MIDNIGHT AND ENDING NO.
EARLIER THAN 5 A.M. AN EXCEPTION TO STRICT COMPLIANCE WITH THE NIGHT
WORK RESTRICTION MAY BE MADE BY THE SECRETARY OF LABOR AND
EMPLOYMENT WHEN: (A) THE EFFECTIVE TRAINING OF THE SEAFARERS
CONCERNED, IN ACCORDANCE WITH ESTABLISHED PROGRAMMES AND SCHEDULES,
WOULD BE IMPAIRED; OR (B) THE SPECIFIC NATURE OF THE DUTY OR A
RECOGNIZED TRAINING PROGRAMME REQUIRES THAT THE SEAFARERS COVERED
BY THE EXCEPTION PERFORM DUTIES AT NIGHT AND SECRETARY OF LABOR AND
EMPLOYMENT DETERMINES, AFTER CONSULTATION WITH THE SHIPOWNERS' AND
SEAFARERS’ ORGANIZATIONS CONCERNED, THAT THE WORK WILL NOT BE
DETRIMENTAL TO THEIR HEALTH OR WELL-BEING.

THE EMPLOYMENT, ENGAGEMENT OR WORK OF SEAFARERS UNDER THE AGE
OF EIGHTEEN (18) SHALL BE PROHIBITED WHERE THE WORK IS LIKELY TO
JEOPARDIZE THEIR HEALTH OR SAFETY. THE TYPES OF SUCH WORK SHALL BE
DETERMINED BY THIS ACT’S IMPLEMENTING RULES AND REGULATIONS OR BY THE
SECRETARY OF LABOR AND EMPLOYMENT, AFTER CONSULTATION WITH THE
SHIPOWNERS' AND SEAFARERS' ORGANIZATIONS CONCERNED, IN ACCORDANCE
WITH RELEVANT INTERNATIONAL STANDARDS.

SEC. 21. Education. A Filipino seafarer must have, at least, successfully completed the
required basic courses as provided for in the curriculum approved by the Commission on Higher
Education or the TESDA. THE IMPLEMENTING RULES AND REGULATIONS OF THIS ACT
SHALL SET THE EDUCATIONAL AND/OR TRAINING REQUIREMENTS FOR EACH
CLASSIFICATION OF SEAFARERS.


SEC. 22. Training. A Filipino seafarer must, at least, undergo and successfully complete
the required basic training proper to his/her position as set forth under the STCW ‘95, as
amended, and under the ILO Conventions of which the Philippines is a signatory[] , AS
PRESCRIBED BY THE COMPETENT GOVERNMENT AGENCY REGULATING MARITIME
TRAINING.

Where in-service training and assessment of competence for the Filipino seafarer is
required for purposes of certification under the STCW 1978 AS AMENDED IN 1995, the person
conducting the same either on board or ashore must meet the qualifications prescribed under
the aforesaid section of the STCW 1978 AS AMENDED IN 1995.

A SEAFARER SHALL NOT BE PERMITTED TO WORK ON A SHIP UNLESS HE HAS.
SUCCESSFULLY COMPLETED TRAINING FOR PERSONAL SAFETY ON BOARD SHIP
WITH THE APPROPRIATE CERTIFICATE THEREFOR.

SEC. 23. THE STATE SHALL ENSURE THAT REQUIREMENTS ON TRAINING AND
UPGRADING AS MANDATED BY MANNING AND CREWING AGENCIES FOR
EMPLOYMENT, REEMPLOYMENT OR PROMOTION PURPOSES SHALL TAKE INTO
ACCOUNT THE SEAFARERS’ RIGHT TO SPEND QUALITY TIME WITH HIS FAMILY.
TRAININGS THAT ARE NOT SPECIFICALLY REQUIRED BY THE EMPLOYER IN ORDER
FOR THE SEAFARER TO BE ABLE TO DO HIS JOB PROPERLY OR THAT ARE NOT
REQUIRED BY INTERNATIONAL CONVENTIONS TO BE UNDERGONE BY ALL
SEAFARERS SHALL NOT BE MADE MANDATORY TO ALL SEAFARERS. THE STATE
SHALL FIRST CONSULT ALL SEAFARERS’ ORGANIZATIONS BEFORE MAKING ANY
TRAINING MANDATORY TO ALL SEAFARERS.

CHAPTER V
GOVERNMENT AGENCIES

SEC. 24, Role of Government Agencies. The following government agencies shall
perform the following to promote the welfare and protect the rights of Filipino seafarers and,
whenever practicable, all overseas Filipinos:

a) Department of Foreign Affairs. The DFA, through its home offices or foreign
posts, shall take priority action or make representation with the foreign authority
concerned to protect the rights of Filipino seafarers and other overseas Filipinos
and extend immediate assistance, including the repatriation of distressed or
beleaguered Filipino seafarers and other overseas Filipinos, AND TO
ENCOURAGE OTHER COUNTRIES TO RATIFY THE MLC 2006 OR ENACT A
LAW THAT WILL INCLUDE MOST, IF NOT ALL, THE PROVISIONS OF THE
SAID CONVENTION [;] . THE DFA SHALL CONSULT THE COMPETENT
AUTHORITIES OF COUNTRIES WHOSE SHIPS EMPLOY FILIPINO
SEAFARERS ANDIOR WHERE PORTS ARE LOCATED WHEREIN SHIPS
THAT HAVE FILIPINO SEAFARERS ON BOARD ARE DOCKING WITH THE
AIM OF PROVIDING AND IMPROVING SEAFARERS' WELFARE FACILITIES
AND SERVICES, BOTH IN PORT AND ON BOARD SHIPS, AND OF
ORGANIZING INTERNATIONAL SPORTS COMPETITIONS FOR SEAFARERS
AND INTERNATIONAL SEMINARS ON THE SUBJECT OF WELFARE OF
SEAFARERS AT SEA AND IN PORT. THE DFA, WITH THE ASSISTANCE AS
APPROPRIATE OF INTERGOVERNMENTAL AND OTHER INTERNATIONAL
ORGANIZATIONS, SHALL ENDEAVOR, IN COOPERATION WITH OTHER
COUNTRIES, TO ACHIEVE THE GREATEST POSSIBLE UNIFORMITY OF
ACTION FOR THE PROMOTION OF OCCUPATIONAL SAFETY AND HEALTH
PROTECTION AND PREVENTION OF ACCIDENTS. FURTHERMORE, THE
DFA SHALL MAKE REPRESENTATIONS IN COUNTRIES EMPLOYING
FILIPINO SEAFARERS OR WHOSE SHIPS HAVE FILIPINO SEAFARERS ON
BOARD WITH THE END IN VIEW OF ENSURING THAT FILIPINO
SEAFARERS ARE PAID WITH AT LEAST THE MINIMUM WAGES THAT ARE
IN CONFORMITY . WITH INTERNATIONALLY-SET OR ACCEPTED

10


b)

STANDARDS AND THAT ANY FILIPINO SEAFARER WHO HAS ANY
MONETARY CLAIM OR WHO HAS BEEN PAID AT A RATE LOWER THAN
THE MINIMUM WAGE ARE ENABLED TO OBTAIN OR RECOVER, BY AN
INEXPENSIVE AND EXPEDITIOUS JUDICIAL OR OTHER PROCEDURE, THE
SAID CLAIM OR THE AMOUNT BY WHICH HE/SHE HAS BEEN UNDERPAID.
THE DFA SHALL ALSO PROVIDE LEGAL ASSISTANCE TO FILIPINO
SEAFARERS WHEREVER AND WHENEVER SUCH ASSISTANCE IS
NEEDED BY THEM.

Commission on Higher Education (CHED) shall ensure the promotion of quality
and efficiency in maritime education through advocacy and accountability.

(b.1) Commission on Higher Education and the Technical Education and Skills
Development Authority. The CHED and the TESDA shall ensure that the
curricula for the seafarers’ education and training are in consonance with
the demands of global maritime industry as well as with the requirements
of STCW ‘95, as amended.

(b.2) Commission on Higher Education and Maritime Training Council. The
CHED, in coordination with MTC, and maritime schools and training
institutions, shall be responsible for the continuous and comprehensive
research, review and upgrading of the system of education, training,
certification and recruitment of all maritime schools and institutions, as
well as the manning or crewing agencies and regulatory commissions.

¢) Department of Labor and Employment. The DOLE shall ensure that labor and social

welfare laws in foreign countries are fairly and faithfully applied to Filipino seafarers
and whenever applicable, to other overseas Filipinos, including the grant of legal
assistance and the referral to proper medical centers or hospitals

(c.1) Maritime Training Council. The MTC shall be responsible in the
formulation, adoption and enforcement of regulatory measures for the
observance of both the accredited training centers and agencies and the
trainees to ensure quality standards and mechanisms of training and
competence of overseas Filipino seafarers, ADHERING TO THE
STANDARDS SET BY THE STCW 1978 AS AMENDED IN 1995 OR
THE INTERNATIONAL CONVENTION ON STANDARDS OF
TRAINING, CERTIFICATION AND WATCH-KEEPING FOR
SEAFARERS OF 1978, AS AMENDED IN 1995, IN REGULAR
CONSULTATION WITH THE ORGANIZATIONS OF ACCREDITED
MARITIME TRAINING CENTERS;

(c.2) Maritime Industry Authority. The MARINA shall be responsible in the
formulation, adoption and enforcement of regulations governing the
quality standards and mechanisms of training and competence of
DOMESTIC [local] seafarers,

(c.3) Philippine Overseas Employment [Agency] ADMINISTRATION. In
pursuit of promoting the well-being of the Filipino seafarers, the POEA
shall:

a) Look into and improve on the working conditions and terms of
employment of the officers and crew of vessels of Philippine
registry, and of such officers and crew members who are Filipino
citizens and employed by foreign vessels;

b) Develop an effective system of monitoring and gathering welfare
concerns for purposes of determining future welfare programs,
monitoring existing welfare activities and addressing current welfare
issues prioritize according to urgency;

"1


©) Observe and conduct a comprehensive and updated system of
PRE-EMPLOYMENT AND pre-departure orientation seminars or
briefings to SEAFARER JOB APPLICANTS, departing seafarers
and other maritime workers scheduled for deployment. It shall also
undertake studies and distribute relevant materials for use in PRE-
EMPLOYMENT AND pre-departure orientation seminars of
maritime workers and other related activities. ALL THESE SHALL
BE AT NO COST TO THE SEAFARER JOB APPLICANT, THE
DEPARTING SEAFARER AND OTHER MARITIME WORKERS;

d) Accredit, regulate and supervise PRE-EMPLOYMENT AND pre-
departure orientation seminars or briefings of authorized manning or
crewing agencies;

e) Formulate and undertake programs and projects for the effective
and efficient utilization of the seafarers’ welfare fund;

f) KEEP, ANALYZE AND PUBLISH A RECORD OR STATISTICS
OF ALL OCCUPATIONAL ACCIDENTS, INJURIES AND
DISEASES WHEREIN INFORMATION ON THE NUMERICAL
DATA, NATURE, CAUSES AND EFFECTS OF THE SAID
ACCIDENTS, INJURIES AND DISEASES, WHETHER AT SEA OR
IN PORT, IS INCLUDED AND FOLLOWING THE SYSTEM OR
MODEL OF RECORDING SUCH STATISTICS ESTABLISHED BY
THE INTERNATIONAL LABOR ORGANIZATION;

g) UNDERTAKE RESEARCH INTO GENERAL TRENDS AND INTO
SUCH HAZARDS AS ARE REVEALED BY STATISTICS IN
ORDER TO PROVIDE A SOUND BASIS FOR MEASURES TO
PROMOTE OCCUPATIONAL SAFETY AND HEALTH
PROTECTION AND PREVENTION OF ACCIDENTS, INJURIES
AND DISEASES WHICH ARE DUE TO PARTICULAR HAZARDS
OF MARITIME EMPLOYMENT;

h) PROCESS AND APPROVE SEAFARERS’ EMPLOYMENT
CONTRACTS WHICH SHALL STRICTLY ADHERE TO THE
PERTINENT PROVISIONS OF THIS ACT AND THE MLC 2006;

i) INFORMAL BLACKLISTING IS NOT COMMITTED BY ANY
MANNING OR CREWING AGENCY;

j) Provide services to assist maritime workers and their immediate
dependents and families; and

k) Perform such other duties as may be essential in giving assistance
to seafarers and their families.

THE PHILIPPINE COAST GUARD. THE PHILIPPINE COAST GUARD (PCG)
SHALL ENSURE THAT PROVISIONS ON SEAFARERS’ RIGHTS, WORKING
AND LIVING CONDITIONS, DOCUMENTARY REQUIREMENTS, SAFETY,
HEALTH AND SANITARY STANDARDS AND ALL OTHER PROVISIONS OF
THIS ACT AND OF THE MLC 2006 ARE BEING FOLLOWED/IMPLEMENTED
BY ALL SHIPS — INCLUDING FOREIGN-FLAG VESSELS, AS PART OF THE
PORT STATE CONTROLLED INSPECTION THAT ARE WITHIN OR
ENTERING THE PHILIPPINE TERRITORY GIVING SPECIAL ATTENTION TO
SHIPS WITH AT LEAST ONE FILIPINO SEAFARER ON BOARD. THE PCG
SHALL HAVE THE POWER TO PREVENT SHIPS THAT ARE FOUND TO BE
IN VIOLATION OF ANY PROVISION OF THIS ACT OR THE
AFOREMENTIONED CONVENTION FROM LEAVING PHILIPPINE
TERRITORY AND HOLD THE SAID SHIPS IN A PHILIPPINE PORT UNTIL

12


SEC

CORRECTIVE MEASURES HAVE BEEN IMPLEMENTED TO THE
SATISFACTION OF THE COMPETENT AUTHORITY/AGENCY OF THE
PHILIPPINE GOVERNMENT. TOWARDS THESE ENDS, THE PCG SHALL
CONDUCT INSPECTIONS OF ALL SHIPS, INCLUDING FOREIGN FLAG
VESSELS, THAT ARE WITHIN OR ENTERING THE PHILIPPINE TERRITORY.
THE PCG SHALL TAKE THE NECESSARY MEASURES SO THAT DULY
QUALIFIED TECHNICAL EXPERTS AND SPECIALISTS MAY BE CALLED
UPON, AS NEEDED, TO ASSIST IN THE WORK OF INSPECTORS. DURING
INSPECTIONS, THE PCG SHALL INTERVIEW AS MANY FILIPINO
SEAFARERS ON BOARD THE SHIP BEING INSPECTED AS POSSIBLE IN
ORDER TO ASCERTAIN THEIR WORKING CONDITIONS AND/OR
GRIEVANCES, IF ANY, OBSERVE AND DETECT ANY SUB-STANDARD
WORKING CONDITION AND/OR VIOLATION OF THE MLC 2006 AND/OR
PHILIPPINE LAWS, RULES AND REGULATIONS AND REFER THEM TO THE
NEAREST APPROPRIATE GOVERNMENT AGENCY CONCERNED WHICH
SHALL IMMEDIATELY IMPLEMENT THE NECESSARY MEASURES TO
ADDRESS THE SUB-STANDARD WORKING CONDITIONS, SEAFARERS’
GRIEVANCES, AND VIOLATIONS OF THE MLC 2006 AND/OR PHILIPPINE
LAWS, RULES AND REGULATIONS BEFORE THE SAID SHIP LEAVES THE
PHILIPPINE PORT/TERRITORY. THE PCG SHALL HOLD AN OFFICIAL
INQUIRY INTO ANY SERIOUS MARINE CASUALTY, LEADING TO INJURY
OR LOSS OF LIFE, THAT INVOLVES SHIPS THAT ARE WITHIN OR
ENTERING THE PHILIPPINE TERRITORY. THE FINAL REPORT OF AN
INQUIRY SHALL BE MADE PUBLIC.

THE MARITIME INDUSTRY AUTHORITY (MARINA) SHALL ESTABLISH AN
EFFECTIVE SYSTEM FOR THE INSPECTION AND CERTIFICATION OF
MARITIME LABOR CONDITIONS ENSURING THAT THE WORKING AND
LIVING CONDITIONS FOR SEAFARERS ON SHIPS THAT FLY THE
PHILIPPINE FLAG MEET, AND CONTINUE TO MEET, THE STANDARDS IN
MLC 2006. THE MARINA SHALL REQUIRE ALL SHIPS THAT FLY THE
PHILIPPINE FLAG TO HAVE A COPY OF THIS CONVENTION AVAILABLE
ON BOARD.

25. Filipino Seafarers’ Research and Resource Center. The CHED shall

coordinate with the University of the Philippines School of Labor and Industrial Relations (UP
SOLAIR) AND THE NATIONAL MARITIME POLYTECHNIC for the establishment of an
interdisciplinary research and resource center on Filipino seafarers and maritime affairs. The
center shall primarily conduct studies and researches which shall enhance the well-being and
interests of Filipino seafarers and their competitiveness in the global maritime market.

CHAPTER VI
DOCUMENTATION, LICENSURE AND EXAMINATIONS

SEC. 26. Documentation. For purposes of documentation, the Filipino seafarers shall
be categorized into domestic and overseas seafarers,

a)

Domestic seafarers are considered documented when they possess the following
documents:

1) Seafarers Identification and Record Book (SIRB) and Certificate of
Competency issued by the MARINA:

2) Certificate of Completion of Training of prescribed courses issued by the
accredited training centers; and

3) Licensure Certificate if the seafarer is a Harbor Pilot or a Major or Minor
Patron.

13


b) Overseas seafarers are considered documented when they possess the
following documents:

1) Seafarers Identification and Record Book (SIRB) and Certificate of
Competency issued by the MARINA and the Seafarer’s Registration
Certificate (SRC) issued by the POEA;

2) Certificate of Completion of Training of prescribed courses issued by the
accredited training centers and the valid Certificate of Competency issued
by the PRC for marine officers and the TESDA for ratings and support level
crew or by the assessment center duly accredited by the MTC;

3) _ Licensure Certificate if the seafarer is a marine officer;

4) EMPLOYMENT CONTRACTS THAT HAVE BEEN PROCESSED AND
APPROVED BY THE POEA;

5) Such other documents as may be required.

SEC. 27. Licensure and Examination. The Professional Regulatory Commission
(PRC) shall be the lead agency in administering licensure examinations and the issuance of
such licensure certificates to seafarers in the officer level, except those categorized as Harbor
Pilots and Major and Minor Patrons for local shipping which authority shall devolve to the
MARINA.

The TESDA shall be the lead agency in administering examinations and the issuance of
the necessary certifications to seafarers in the ratings level. The government agencies
aforementioned shall formulate and undertake a systematic program of implementing
government policies pertinent to the licensing of specific categories of seafarers.

The issuance of licenses and endorsement certificates to seafarers shall not require pre-
conditions other than what are required under the STCW 1978, as amended and other specific
laws enacted for the purpose of regulating the profession.

SEC. 28. Integrated Documentation System. The DOLE, in coordination with
government agencies concerned, shall develop an Integrated Documentation System (IDS) for
the purpose of integrating and systemizing the documentation of education, training licensing,
and certification among Filipino seafarers. Said IDS shall contain all relevant information on the
seafarer[,] including, BUT NOT LIMITED TO, education, training, licensure examinations and
certifications taken, DATA ON ACTIVE, INACTIVE, DISABLED, LICENSED AND
UNLICENSED SEAFARERS AND THOSE WITH PENDING LABOR AND ADMINISTRATIVE
CASES. It shall be used by the seafarer in all his transactions with the government, manning or
crewing agencies, and other pertinent bodies,

‘As such, agencies of the government concerned shall develop and implement an
information system that shall connect their respective databases for the purposes of data
storage, sharing, and generation pursuant to Section 20 of Republic Act No. 8042.
CHAPTER VII
RECRUITMENT AND PLACEMENT
A. The Recruitment and Placement Industry

SEC. 29. Private Sector Participation in the Recruitment and Placement of Filipino
Seafarers, Pursuant to national development objectives and in order to harness and maximize
the use of private sector resources and initiative in the development and implementation of a

comprehensive employment program, the private sector shall participate in the recruitment and
placement of Filipino seafarers, locally and overseas; Provided, That such recruitment and

14


placement procedures are consistent with the provisions stipulated under this Act and such
other guidelines, rules and regulations as may be promulgated by the DOLE; PROVIDED
FURTHER, THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO PREVENT THE
STATE FROM MAINTAINING A FREE PUBLIC SEAFARER RECRUITMENT AND
PLACEMENT SERVICE FOR SEAFARERS IN THE FRAMEWORK OF A POLICY TO MEET
THE NEEDS OF SEAFARERS AND SHIPOWNERS, WHETHER THE SERVICE FORMS
PART OF OR IS COORDINATED WITH A PUBLIC EMPLOYMENT SERVICE FOR ALL
WORKERS AND EMPLOYERS.

SEC. 30. Capitalization in the Recruitment and Placement Industry. Individuals or
corporations, partnerships or entities applying for license or authority or renewal thereof shall be
required a minimum capitalization and such other requirements as may be prescribed by the
DOLE

The same shall be obliged to pay such escrow deposits and surety bonds, in an amount
and conditions as may be prescribed by the DOLE to guarantee compliance with all terms and
conditions of the contract of employment and applicable laws.

Individuals or corporations, partnerships or entities applying for license or authority or
renewal thereof shall be required to pay the filing and registration fees as may be prescribed by
the DOLE

SEC. 31. Non-Transferability of License. No license or authority shall be used directly
or indirectly by any person other than the one in whose favor it was issued or at any place other
than that stated in the license, nor may such license or authority be transferred, conveyed or
assigned to any person or entity except under such guidelines as may be prescribed by the
DOLE.

Any transfer of business address, appointment or designation of any agent or
representative, including the establishment of additional offices anywhere shall require prior
approval from the Secretary of the DOLE

SEC. 32. Suspension and/or Cancellation of License or Authority. The Secretary of
the DOLE shall have the power to suspend or cancel and in both instances impose fine any
license or authority to recruit Filipino seafarers for overseas employment for violation of this Act
or of other applicable provisions of laws, rules and regulations. IN ORDER TO EFFECTIVELY
EXERCISE THIS POWER, THE DOLE, THROUGH THE POEA, SHALL ESTABLISH AN
EFFECTIVE INSPECTION AND MONITORING SYSTEM FOR ENFORCING THIS ACT AND
ALL LAWS, ISSUANCES AND RULES AND REGULATIONS CONCERNING
SEAFARERS/APPLICANTS.

SEC. 33. Persons and Entities Prohibited from Engaging in Recruitment and
Placement Industry. The following are prohibited from engaging, directly or indirectly, in
recruitment and placement industry: ©

a) Any official or employee of the DOLE, DFA and their attached agencies or other
government agencies involved in the implementation of this act, or their relatives
within the fourth civil degree of consanguinity or affinity;

b) Persons and entities engaged in the business of travel agency or engaged in
business as sales agent or airline and/or shipping companies, or their offices,
directors or partners.

SEC. 34. SUPERVISION AND CONTROL BY THE DOLE. THE DOLE, THROUGH
POEA, SHALL CLOSELY SUPERVISE AND CONTROL ALL SEAFARER RECRUITMENT
AND PLACEMENT SERVICES. ANY LICENSES OR CERTIFICATES OR SIMILAR
AUTHORIZATIONS FOR THE OPERATION OF PRIVATE SERVICES SHALL BE GRANTED
OR RENEWED ONLY AFTER VERIFICATION THAT THE SEAFARER RECRUITMENT AND
PLACEMENT SERVICE CONCERNED MEETS THE REQUIREMENTS OF NATIONAL LAWS.
AND REGULATIONS. THE POEA SHALL LIKEWISE CLEARLY PUBLICIZE COSTS, IF ANY,

15


WHICH THE SEAFARER WILL BE EXPECTED TO BEAR IN THE RECRUITMENT
PROCESS.

SEC. 35. HANDLING OF INVESTIGATIONS AND COMPLAINTS. THE POEA SHALL
ENSURE THAT ADEQUATE MACHINERY AND PROCEDURES EXIST FOR THE
INVESTIGATION, IF NECESSARY, OF COMPLAINTS CONCERNING THE ACTIVITIES OF
SEAFARER RECRUITMENT AND PLACEMENT SERVICES, INVOLVING, AS
APPROPRIATE, REPRESENTATIVES OF SHIPOWNERS AND SEAFARERS.

SEC. 36. COLLECTION AND ANALYSIS OF ALL RELEVANT INFORMATION ON
THE MARITIME LABOUR MARKET. THE POEA SHALL MAINTAIN AN ARRANGEMENT
FOR THE COLLECTION AND ANALYSIS OF ALL RELEVANT INFORMATION ON THE
MARITIME LABOR MARKET INCLUDING THE CURRENT AND PROSPECTIVE SUPPLY OF
SEAFARERS THAT WORK AS CREW CLASSIFIED BY AGE, SEX, RANK AND
QUALIFICATIONS, AND THE INDUSTRY'S REQUIREMENTS, THE COLLECTION OF DATA
ON AGE OR SEX BEING ADMISSIBLE ONLY FOR STATISTICAL PURPOSES OR IF USED
IN THE FRAMEWORK OF A PROGRAMME TO PREVENT DISCRIMINATION BASED ON
AGE OR SEX.

SEC. 37, COMPETENCE OF RECRUITMENT AND PLACEMENT SERVICES’
SUPERVISORY STAFF. THE POEA SHALL ENSURE THAT THE STAFF RESPONSIBLE
FOR THE SUPERVISION OF PUBLIC AND PRIVATE SEAFARER RECRUITMENT AND
PLACEMENT SERVICES FOR SHIP'S CREW WITH RESPONSIBILITY FOR THE SHIP'S
SAFE NAVIGATION AND POLLUTION PREVENTION OPERATIONS HAVE HAD
ADEQUATE TRAINING, INCLUDING APPROVED SEA-SERVICE EXPERIENCE, AND HAVE
RELEVANT KNOWLEDGE OF THE MARITIME INDUSTRY, INCLUDING THE RELEVANT
MARITIME INTERNATIONAL INSTRUMENTS ON TRAINING, CERTIFICATION AND LABOR
STANDARDS.

SEC. 38. PRESCRIBING OF STANDARDS FOR SEAFARER RECRUITMENT AND
PLACEMENT SERVICES. THE POEA SHALL PRESCRIBE OPERATIONAL STANDARDS
AND ADOPT CODES OF CONDUCT AND ETHICAL PRACTICES FOR SEAFARER
RECRUITMENT AND PLACEMENT SERVICES AND EXERCISE SUPERVISION OF THE
LICENSING OR CERTIFICATION SYSTEM ON THE BASIS OF A SYSTEM OF QUALITY
STANDARDS,

SEC. 39. ADOPTION OF PROCEDURES BY POEA TO ENSURE THAT SEAFARERS
ARE NOT VULNERABLE TO EXPOITATION. THE POEA SHALL PRESCRIBE
PROCEDURES TO BE STRICTLY FOLLOWED BY MANNING OR CREWING AGENCIES
THAT WILL ENSURE THAT SEAFARERS ARE NOT SUBJECT TO EXPLOITATION BY THE
SEAFARER RECRUITMENT AND PLACEMENT SERVICES OR THEIR PERSONNEL WITH
REGARD TO THE OFFER OF ENGAGEMENT ON PARTICULAR SHIPS OR BY
PARTICULAR COMPANIES AND TO PREVENT THE OPPORTUNITIES FOR
EXPLOITATION OF SEAFARERS ARISING FROM THE ISSUE OF JOINING ADVANCES OR
ANY OTHER FINANCIAL TRANSACTION BETWEEN THE SHIPOWNER AND THE
SEAFARERS WHICH ARE HANDLED BY THE SEAFARER RECRUITMENT AND
PLACEMENT SERVICES.

B. Recruitment and Placement Policies

SEC. 40. Recruitment and Placement Policies. Manning or crewing agencies engaged
in private recruitment and placement services shall:

a) [Make certain that placement fees or other charges for recruitment or for
providing employment to seafarers shall not be borne directly or indirectly,
in whole or in part, by the seafarers other than those authorized by law.

For this purpose, the costs of the personal travel documents and Seaman's
Book shall not be deemed as “fees and other charges for recruitment;”]

16


b)

©)

4)

e)

9)

h)

ENSURE THAT NO FEES OR OTHER CHARGES FOR SEAFARER
RECRUITMENT OR PLACEMENT OR FOR PROVIDING EMPLOYMENT TO
SEAFARERS ARE BORNE DIRECTLY OR INDIRECTLY, IN WHOLE OR IN
PART, BY THE SEAFARER, OTHER THAN THE COST OF THE SEAFARER
OBTAINING A NATIONAL STATUTORY MEDICAL CERTIFICATE, THE
NATIONAL SEAFARER'S BOOK AND A PASSPORT OR OTHER SIMILAR
PERSONAL TRAVEL DOCUMENTS, NOT INCLUDING, HOWEVER, THE
COST OF VISAS, WHICH SHALL BE BORNE BY THE SHIPOWNER;

Cause the reimbursement of any expenses incurred by the seafarer in
connection with his/her documentation and processing for purposes of
deployment, in the event where non-deployment is not the seafarer’s fault OR IN
THE EVENT OF DEPLOYMENT OR NON-DEPLOYMENT IN CASES WHERE
THE MANNING OR CREWING AGENCY, IN VIOLATION OF ITEM (A) ABOVE,
COLLECTED ANY FEE OR CHARGE FROM THE SEAFARER WHICH IS NOT
ALLOWED UNDER THIS ACT;

Ensure that the Filipino seafarers’ well-being and rights shall be the primary
consideration in the recruitment and placement of seafarers;

Guarantee that recruitment, placement and deployment of Filipino seafarers shall
not be made in jobs that are deemed inimical to their interests and to the
Republic of the Philippines;

Specify, with due regard to the right to privacy and the need to protect
confidentiality, the conditions under which the personal data of Filipino seafarers
are processed by manning or crewing agencies including the collection, storage,
combination and communication of such data to third parties;

Cease from furnishing or publishing any false notice or information or document
in relations to recruitment and employment, including [inducing or attempting
to induce a seafarer already employed to quit his / her employment and
offering another employment or] influencing or attempting to influence,
whether deliberately or unintentionally, any person or entity not to employ any
seafarer or the enforcement of a waiver of quit claims to any seafarer before,
during and after employment, which act shall be deemed unlawful;

Cease from substituting or altering to the prejudice of the seafarer the
employment contract approved and processED by the DOLE and withholding or
denying travel or employment documents from applicant seafarer
[considerations other than those authorized under this Act and the
implementing rules and regulations promulgated pursuant to this Act}; AND

Refrain from using means or mechanisms intended to prevent or deter seafarers
from gaining employment

SEC. 41. Duties of Manning and Crewing Agencies. |t shall be incumbent upon
manning and crewing agencies to ensure that:

a)

b)

c)

Any seafarer recruited or placed by them is qualified and is in possession of the
documents necessary for the job concemed;

The contract of employment and articles of agreement are in accordance with
[the standard terms and condition governing the employment of the
Filipino seafarer on-board ocean-going vessel as prescribed by the
concerned agency of the DOLE;] THE MLC 2006 AND APPLICABLE LAWS
AND REGULATIONS AND ANY COLLECTIVE BARGAINING AGREEMENT
THAT FORMS PART OF THE EMPLOYMENT AGREEMENT;

The Filipino seafarer is informed of his / her rights and duties under his / her

contract of the employment and the articles of agreement prior to and in the
process of engagement;

7


d)

e)

i

K)

))

n)

Proper arrangements and opportunities are given for the Filipino seafarer to
examine his / her contract of employment and the articles of agreement before
and after he / she signed such pertinent documents and for him / her to receive a
copy of the duly-signed contract of employment;

Adequate information about the conditions attending to the situations on-board
the vessel and overseas, as well as local and international laws and regulations
which apply to the Filipino seafarer in the course of his/her employment or
sojourn shall be provided TO THE SEAFARER, ANY OF HIS/HER RELATIVES
OR TO ANY INDIVIDUAL, NON-GOVERNMENT ORGANIZATION OR
GOVERNMENT AGENCY THAT REQUESTS FOR SUCH INFORMATION;
[AND]

A registry of all seafarers recruited or placed through them shall be put in place
and shall be available for inspection by the competent authority[.] ;

AS FAR AS PRACTICABLE, THE SHIPOWNER HAS THE MEANS TO
PROTECT SEAFARERS FROM BEING STRANDED IN A FOREIGN PORT;

THEY SHALL EXAMINE AND RESPOND TO ANY COMPLAINT
CONCERNING THEIR ACTIVITIES AND ADVISE THE COMPETENT
AUTHORITY OF ANY UNRESOLVED COMPLAINT;

THEIR OPERATIONS SHALL BE IN CONFORMITY WITH THE
STANDARDIZED SYSTEM OF LICENSING OR CERTIFICATION OR OTHER
FORM OF REGULATION PRESCRIBED BY THE IMPLEMENTING RULES
AND REGULATIONS OF THIS ACT. THIS SYSTEM SHALL BE
ESTABLISHED, MODIFIED OR CHANGED ONLY AFTER CONSULTATION
WITH THE SHIPOWNERS' AND SEAFARERS' ORGANIZATIONS
CONCERNED. IN THE EVENT OF DOUBT AS TO WHETHER THE
CONSOLIDATED MARITIME LABOR CONVENTION APPLIES TO A PRIVATE
RECRUITMENT AND PLACEMENT SERVICE, THE QUESTION SHALL BE
DETERMINED BY THE SECRETARY OF LABOR AND EMPLOYMENT AFTER
CONSULTATION WITH THE SHIPOWNERS' AND SEAFARERS'
ORGANIZATIONS CONCERNED;

FILIPINO SEAFARERS OR SEAFARER-APPLICANTS ARE ADVISED ON
THE POSSIBLE PROBLEMS OF SIGNING ON A SHIP THAT FLIES THE
FLAG OF A STATE WHICH HAS NOT RATIFIED THE MLC 2006, UNTIL IT IS
SATISFIED THAT STANDARDS EQUIVALENT TO THOSE FIXED BY THE
SAID CONVENTION ARE BEING APPLIED. MEASURES TAKEN TO THIS
EFFECT SHALL NOT BE IN CONTRADICTION WITH THE PRINCIPLE OF
FREE MOVEMENT OF WORKERS STIPULATED BY THE TREATIES TO
WHICH THE TWO STATES CONCERNED MAY BE PARTIES;

AN UP-TO-DATE LIST OF THE SHIPS FOR WHICH THE SEAFARER
RECRUITMENT AND PLACEMENT SERVICES PROVIDE SEAFARERS ARE
MAINTAINED AND THAT THERE IS A MEANS BY WHICH THE MANNING
AND CREWING AGENCIES CAN BE CONTACTED IN AN EMERGENCY AT
ALL HOURS;

PROCEDURES TO ENSURE THAT REQUESTS FOR INFORMATION OR
ADVICE BY FAMILIES OF SEAFARERS WHILE THE SEAFARERS ARE AT
SEA ARE DEALT WITH PROMPTLY AND SYMPATHETICALLY AND AT NO
COST;

THE FILIPINO SEAFARERS THAT THEY RECRUIT/PLACE SERVE ONLY ON
SHIPS THAT HAVE THE REQUIRED DOCUMENTS AND A SUFFICIENT
NUMBER OF SEAFARERS ON BOARD TO ENSURE THAT THE SAID SHIPS
ARE OPERATED SAFELY AND ARE MANNED BY CREWS THAT ARE
ADEQUATE, IN TERMS OF SIZE AND QUALIFICATIONS;

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p) INFORMAL BLACKLISTING IS NOT COMMITTED;

qa) PROCEDURES ARE ADOPTED TO VERIFY THAT VENTILATION, HEATING,
SLEEPING, FOOD AND CATERING, RECREATION, MEDICAL CARE,
LAUNDRY, SANITARY AND OTHER CONDITIONS AND FACILITIES
ONBOARD SHIPS WHERE FILIPINO SEAFARERS ARE PLACED ARE IN
CONFORMITY WITH THE MLC 2006 OR APPLICABLE COLLECTIVE
BARGAINING AGREEMENTS CONCLUDED BETWEEN A SHIPOWNER AND
A REPRESENTATIVE SEAFARERS' ORGANIZATION AND, AS A MATTER
OF POLICY, SUPPLYING SEAFARERS ONLY TO SHIPOWNERS THAT
OFFER TERMS AND CONDITIONS OF EMPLOYMENT TO SEAFARERS
WHICH COMPLY WITH APPLICABLE LAWS OR REGULATIONS OR
COLLECTIVE AGREEMENTS OR THE MLC 2006; AND

i) PAYMENTS DUE TO SEAFARERS ARE MADE AT NO GREATER THAN
MONTHLY INTERVALS AND IN ACCORDANCE WITH ANY APPLICABLE
COLLECTIVE AGREEMENT AND THAT SEAFARERS SHALL BE GIVEN A
MONTHLY ACCOUNT OF THE PAYMENTS DUE AND THE AMOUNTS PAID,
INCLUDING WAGES, ADDITIONAL PAYMENTS AND THE RATE OF
EXCHANGE USED WHERE PAYMENT HAS BEEN MADE IN A CURRENCY
OR AT A RATE DIFFERENT FROM THE ONE AGREED TO.

SEC. 42. VIOLATION OF ANY OF THE PROVISIONS OF THE TWO IMMEDIATELY
PRECEDING SECTIONS. AN ADMINISTRATIVE FINDING BY THE POEA OF ANY
VIOLATION OF ANY OF THE PROVISIONS OF THE TWO IMMEDIATELY PRECEDING
SECTIONS SHALL CAUSE THE MANNING OR CREWING AGENCY CONCERNED TO
SUFFER THE PENALTY OF SUSPENSION OR CANCELLATION OF ITS LICENSE TO
OPERATE.

C. Hiring, Deployment and Employment

SEC. 43. Hiring by Certain Employers. Members of the diplomatic corps, foreign
governments and international organizations may hire Filipino seafarers; Provided, That the
provisions of this Act and other applicable guidelines, rules and regulations are followed,

SEC. 44, Selective Deployment of Overseas Filipino Seafarers. Deployment of
overseas Filipino seafarers shall be allowed only in countries where the rights of overseas
Filipino seafarers are observed and protected,

Any of the following legal instruments shall be recognized as guarantee on the part of
the receiving country for the protection of the rights of overseas Filipino seafarers:

a) The receiving country has existing labor and social laws protecting the rights of
overseas seafarers AS CERTIFIED BY THE SECRETARIES OF THE DFA AND
DOLE WITH THE SAID LAWS’ NUMBERS, TITLES AND BRIEF
DESCRIPTION STATED IN THE SAID CERTIFICATION;

b) __ tis a signatory to a multi-lateral conventionS, declarations or resolutions relating
to the protection of overseas seafarers;

©) It has a bilateral agreement or arrangement with the Philippine government
protecting the rights of overseas seafarers; or

d) It is taking positive concrete measures to protect the rights of overseas
seafarers[.] , AS CERTIFIED BY THE SECRETARIES OF THE DFA AND
DOLE WITH SUCH MEASURES ENUMERATED IN DETAIL IN THE SAID
CERTIFICATION.

SEC. 45. Ban on Restrictions on Deployment. Notwithstanding the provisions of the
immediately preceding section, the DOLE, in pursuit of national interest or when public welfare

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so requires, may, at any time, terminate or impose such restrictlONs or ban on the deployment
of overseas Filipino seafarers[.] , ESPECIALLY WHEN THE SHIP WITH ONE OR SEVERAL
FILIPINO SEAFARERYS ON BOARD WILL SAIL ON OR NEAR THE WATERS OF, OR DOCK
ON PORTS IN, COUNTRIES WHERE THERE IS A WAR, CIVIL WAR, INSURGENCY,
PIRACY, RAMPANT KIDNAPPING, SEIZING BY FORCE OF SHIPS AND/OR
LAWLESSNESS GOING ON AS REPORTED BY RELIABLE INTERNATIONAL NEWS
AGENCIES OR TELEVISION NETWORKS.

SEC. 46. Prohibition Against Indiscriminate Deployment of Filipino Seafarers. The
indiscriminate deployment of following Filipino seafarers shall be deemed prohibited:

a) Those below eighteen (18) years old or such minimum age requirement as may
be determined by the DOLE CONSISTENT WITH INTERNATIONALLY-
RECOGNIZED CONVENTIONS;

b) Those medically diagnosed to be unfit to work for the job being applied;

©) Those technically non-qualified for overseas employment;
d) Those whose employment contract was not processed and approved by the
POEA;

e) Any other factor which the DOLE may deemed] prohibited CONSISTENT WITH
INTERNATIONALLY RECOGNIZED CONVENTIONS.

SEC. 47. Visitorial Powers of the DOLE. The Secretary of the DOLE or his/her duly
designated representative may, at any time, inspect vessels and ships within Philippine
jurisdiction of the accredited principal/shipowner to determine compliance with safety standards
and living conditions of seafarers

CHAPTER VIII
ILLEGAL RECRUITMENT

SEC. 48. Ilegal Recruitment. For purposes of this Act, illegal recruitment shall refer to
any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring seafarers
and includes referring, contract servicing, promising, or advertising of employment for abroad,
whether for profit or not, when undertaken by a non-licensee or non-holder of authority
contemplated under Article 13 (f) of Presidential Decree No 422, as amended, otherwise known
as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who,
in any manner, offers or promises for a fee employment abroad to two or more persons shall be
deemed engaged IN ILLEGAL RECRUITMENT.

legal recruitment when committed by a syndicate or in a large scale shall be considered
an offense involving economic sabotage.

Illegal recruitment is deemed committed by a syndicate if carried out by a group of three
(3) members or more persons conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or more persons individually or as a
group. Illegal recruitment is also deemed committed in a large scale if the financial or material
consideration involved amounts to more than one hundred thousand pesos (P100,000),
Tegardless of the number of persons involved.

The persons criminally liable for the above offenses are the principals, accomplice and
accessories, In case of juridical persons, the officers having control, management or direction of
their business shall be liable.

SEC. 49. Penalties.

a) Any person found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not more than

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twelve (12) years and a fine of not less than Two hundred thousand pesos
(P200,000) nor not more than Five hundred thousand pesos (P500,000).

b) The penalty of life imprisonment and a fine of not less than Five hundred
thousand pesos (P500,000) nor more than One Million pesos (1,000,000) shall
be imposed if illegal recruitment constitutes economic sabotage as defined in the
preceding article: Provided, however, That the maximum penalty shall be
imposed if the person illegally recruited is less than eighteen (18) years of age or
that the act of illegal recruitment is committed by a non-licensee or non-holder of
authority.

Sec 50. Prohibition on Officials and Employees. It shall be unlawful for any official or
employee of the DOLE [agency concerned,] or other government agencies involved in the
implementation of this Act, or their relatives within the fourth civil degree of consanguinity or
affinity, to engage, directly or indirectly, in the business of recruiting Filipino seafarers, as
defined under this Act. The penalties provided for in the preceding paragraph shall be imposed
upon them

SEC. 51. Venue. A criminal action arising from illegal recruitment as herein defined shall
be filed with the Regional Trial Court of the province or city where the offense was committed or
where the offended party actually resides at the time of commission of the offense.

SEC. 52. Mandatory Period for Filing of Illegal Recruitment Cases. The preliminary
investigation of cases under this Act shall be terminated within a period of thirty (30) calendar
days from the date of their filing. Where the preliminary investigation is conducted by a
prosecution officer and a prima facie case is established, the corresponding information shall be
filed in court within twenty-four (24) hours from the termination of the investigation.

If the preliminary investigation is conducted by a judge and a prima facie case is found to
exist, the corresponding information shall be filed by the proper prosecution officer within forty-
eight (48) hours from the date of receipt of the record of the case.

SEC. 53. Prescriptive Periods. Illegal recruitment cases under this Act shall prescribe
in [five (5)] TEN (10) years after the commission of the prohibited act: Provided, however, That
illegal recruitment cases involving economic sabotage as defined herein shall prescribe in
twenty (20) years

SEC, 54, Free Legal Assistance; Preferential Entitlement Under the Witness
Protection Program. A mechanism for free legal assistance for victims of illegal recruitment
shall be made available by the pertinent agencies of the government. Such mechanism shall
include coordination and cooperation among the DOLE, DOJ, the IBP, and other non-
government organizations and volunteer groups.

Notwithstanding the provisions of Republic Act No 6981 to the contrary, any person who
is the a victim of illegal recruitment, or who is willing to be a witness in behalf of the government,
shall be entitled to the Witness Protection Program provided thereunder.

CHAPTER IX
CONDITIONS OF EMPLOYMENT

SEC. 55. Employment Agreement. The employer shall provide for a written agreement
IN ENGLISH, which shall be drawn up with the seafarer concerning ship work. The agreement
shall contain the following:

a) THE SEAFARERS FULL NAME, DATE OF BIRTH, AGE AND BIRTHPLACE;

b) THE SHIPOWNER'S NAME AND ADDRESS;

¢) THE PLACE WHERE AND DATE WHEN THE SEAFARER’S EMPLOYMENT
AGREEMENT IS ENTERED INTO;

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d)

f)

9)

h)

The wage agreed upon, INCLUDING OVERTIME PAY, [its] THEIR method of
computation and manner of payment. In no case shall the parties agree to wages
lower than the basic minimum wage prescribeD by appropriate government
agencies IN CONFORMITY WITH  INTERNATIONALLY-ACCEPTED
STANDARDS, at the time of engagement; [and]

THE AMOUNT OF PAID ANNUAL LEAVE OR, WHERE APPLICABLE, THE
FORMULA USED FOR CALCULATING IT;

THE TERMINATION OF THE AGREEMENT AND THE CONDITIONS
THEREOF, INCLUDING: (i) IF THE AGREEMENT HAS BEEN MADE FOR AN
INDEFINITE PERIOD, THE CONDITIONS ENTITLING EITHER PARTY TO
TERMINATE IT, AS WELL AS THE REQUIRED NOTICE PERIOD, WHICH
SHALL NOT BE LESS FOR THE SHIPOWNER THAN FOR THE SEAFARER;
(ii) IF THE AGREEMENT HAS BEEN MADE FOR A DEFINITE PERIOD, THE
DATE FIXED FOR ITS EXPIRY; AND (iii) IF THE AGREEMENT HAS BEEN
MADE FOR A VOYAGE, THE PORT OF DESTINATION AND THE TIME
WHICH HAS TO EXPIRE AFTER ARRIVAL BEFORE THE SEAFARER
SHOULD BE DISCHARGED;

THE HEALTH, SAFETY AND SOCIAL SECURITY PROTECTION BENEFITS
TO BE PROVIDED TO THE SEAFARER BY THE SHIPOWNER INCLUDING A
PROVISION THAT SHALL ENSURE THAT MEASURES, IN ACCORDANCE
WITH THE MLC 2006, ARE IN PLACE ON THE SHIP TO PROVIDE
SEAFARERS WITH A RIGHT TO MATERIAL ASSISTANCE AND SUPPORT
FROM THE SHIPOWNER WITH RESPECT TO THE FINANCIAL
CONSEQUENCES OF SICKNESS, INJURY OR DEATH OCCURRING WHILE
THEY ARE SERVING UNDER A SEAFARERS' EMPLOYMENT AGREEMENT
OR ARISING FROM THEIR EMPLOYMENT UNDER SUCH AGREEMENT
WHICH SHALL NOT AFFECT ANY OTHER LEGAL REMEDIES THAT A
SEAFARER MAY SEEK;

THE SEAFARER'S ENTITLEMENT TO REPATRIATION AND A PROVISION
THAT SHALL PROHIBIT SHIPOWNERS FROM REQUIRING THAT
SEAFARERS MAKE AN ADVANCE PAYMENT TOWARDS THE COST OF
REPATRIATION AT THE BEGINNING OF THEIR EMPLOYMENT, AND ALSO
FROM RECOVERING THE COST OF REPATRIATION FROM THE
SEAFARERS' WAGES OR OTHER ENTITLEMENTS EXCEPT WHERE THE
SEAFARER HAS BEEN FOUND, IN ACCORDANCE WITH NATIONAL LAWS
OR REGULATIONS OR OTHER MEASURES OR APPLICABLE COLLECTIVE
BARGAINING AGREEMENTS, TO BE IN SERIOUS DEFAULT OF THE
SEAFARER'S EMPLOYMENT OBLIGATIONS;

REFERENCE TO THE COLLECTIVE BARGAINING AGREEMENT, IF
APPLICABLE;

The capacity in which the seafarer is to serve;

A PROVISION STATING THAT EQUAL REMUNERATION FOR WORK OF
EQUAL VALUE SHALL APPLY TO ALL SEAFARERS EMPLOYED ON THE
SAME SHIP WITHOUT DISCRIMINATION BASED UPON RACE, COLOUR,
SEX, RELIGION, POLITICAL OPINION, NATIONAL EXTRACTION OR
SOCIAL ORIGIN;

A PROVISION STATING THAT THE SEAFARERS' EMPLOYMENT
AGREEMENT, SPECIFYING THE APPLICABLE WAGES OR WAGE RATES,
SHALL BE CARRIED ON BOARD THE SHIP AND THAT INFORMATION ON
THE AMOUNT OF WAGES OR WAGE RATES SHALL BE MADE AVAILABLE
TO EACH SEAFARER BY PROVIDING AT LEAST ONE SIGNED COPY OF
THE RELEVANT INFORMATION TO THE SEAFARER IN A LANGUAGE
WHICH THE SEAFARER UNDERSTANDS;

22


p)

4)

t)

A PROVISION STATING THAT WAGES SHALL BE PAID IN LEGAL TENDER
AND, WHERE APPROPRIATE, THEY MAY BE PAID BY BANK TRANSFER,
BANK CHEQUE, POSTAL CHEQUE OR MONEY ORDER;

A PROVISION STATING THAT ON TERMINATION OF ENGAGEMENT, ALL
REMUNERATION DUE SHALL BE PAID WITHOUT UNDUE DELAY;

FOR SEAFARERS WHOSE WAGES ARE FULLY OR PARTIALLY
CONSOLIDATED, A PROVISION WHICH SHALL SPECIFY CLEARLY THE
NUMBER OF HOURS OF WORK EXPECTED OF THE SEAFARER IN
RETURN FOR THIS REMUNERATION, AND ANY ADDITIONAL
ALLOWANCES WHICH MIGHT BE DUE IN ADDITION TO THE
CONSOLIDATED WAGE, AND IN WHICH CIRCUMSTANCES;

A PROVISION STATING THAT ADEQUATE PENALTIES SHALL BE BORNE
BY THE EMPLOYER OR OTHER APPROPRIATE REMEDIES SHALL BE
GIVEN THE SEAFARER WHEN SHIPOWNERS DELAY DELIBERATELY AND
UNDULY, OR FAIL TO MAKE, PAYMENT OF ALL REMUNERATION DUE;

A PROVISION STATING THAT WAGES SHALL BE PAID DIRECTLY TO THE
SEAFARER’S DESIGNATED BANK ACCOUNT UNLESS THE SEAFARER
REQUESTS OTHERWISE IN WRITING;

A PROVISION STATING THAT THE SHIPOWNER SHALL IMPOSE NO LIMIT
ON THE SEAFARER’S FREEDOM TO DISPOSE OF HIS/HER
REMUNERATION EXCEPT WHEN THERE IS AN EXPRESS PROVISION IN
NATIONAL LAWS OR REGULATIONS OR IN AN APPLICABLE COLLECTIVE
AGREEMENT AND THE SEAFARER HAS BEEN ADEQUATELY INFORMED
OF THE CONDITIONS FOR SUCH DEDUCTIONS;

A PROVISION STATING THAT THE DEDUCTIONS SHALL NOT IN TOTAL
EXCEED THE LIMIT THAT MAY HAVE BEEN ESTABLISHED BY NATIONAL
LAWS OR REGULATIONS OR COLLECTIVE AGREEMENTS OR COURT
DECISIONS FOR MAKING SUCH DEDUCTIONS AND THAT NO
DEDUCTIONS SHALL BE MADE FROM A SEAFARER'S REMUNERATION IN
RESPECT OF OBTAINING OR RETAINING EMPLOYMENT;

A PROVISION STATING THAT MONETARY FINES AGAINST SEAFARERS
OTHER THAN THOSE AUTHORIZED BY NATIONAL LAWS OR
REGULATIONS, COLLECTIVE AGREEMENTS OR OTHER MEASURES
SHALL BE PROHIBITED;

A PROVISION STATING THAT, AT THE REQUEST OF THE SEAFARER, THE
COMPETENT AUTHORITY SHALL HAVE THE POWER TO INSPECT
STORES AND SERVICES PROVIDED ON BOARD SHIP TO ENSURE THAT
FAIR AND REASONABLE PRICES ARE APPLIED FOR THE BENEFIT OF
THE SEAFARER OR SEAFARERS CONCERNED;

A PROVISION STATING THAT, TO THE EXTENT THAT SEAFARERS’
CLAIMS FOR WAGES AND OTHER SUMS DUE IN RESPECT OF THEIR
EMPLOYMENT ARE NOT SECURED IN ACCORDANCE WITH THE
PROVISIONS OF THE INTERNATIONAL CONVENTION ON MARITIME LIENS.
AND MORTGAGES, 1993, SUCH CLAIMS SHOULD BE PROTECTED IN
ACCORDANCE WITH THE PROTECTION OF WORKERS' CLAIMS
(EMPLOYER'S INSOLVENCY) CONVENTION, 1992 (NO. 173).

A PROVISION THAT SHALL ENSURE THAT THE SHIP SHALL CARRY ON
BOARD AND SERVE FOOD AND DRINKING WATER OF APPROPRIATE
QUALITY, NUTRITIONAL VALUE AND QUANTITY THAT ADEQUATELY
COVERS THE REQUIREMENTS OF THE SHIP AND TAKES INTO ACCOUNT
THE DIFFERING CULTURAL AND RELIGIOUS BACKGROUNDS AND THAT

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SEAFARERS ON BOARD THE SHIP SHALL BE PROVIDED WITH FOOD
FREE OF CHARGE DURING THE PERIOD OF ENGAGEMENT;

x). A PROVISION THAT SHALL ENSURE THAT ALL SEAFARERS ON SHIPS
ARE COVERED BY ADEQUATE MEASURES FOR THE PROTECTION OF
THEIR HEALTH AND THAT THEY HAVE ACCESS TO PROMPT AND
ADEQUATE MEDICAL CARE WHILST WORKING ON BOARD AND THAT
THE SAID PROTECTION AND CARE SHALL BE PROVIDED AT NO COST TO
THE SEAFARERS;

y) Provisions on ADEQUATE LEAVE AND rest periods IN CONFORMITY WITH
THE STANDARDS SET BY THE MLC 2006; AND

2) The duration of the employment contract.

THE TERMS AND CONDITIONS FOR EMPLOYMENT OF A SEAFARER SHALL BE
SET OUT OR REFERRED TO IN A CLEAR WRITTEN LEGALLY ENFORCEABLE
AGREEMENT AND SHALL BE CONSISTENT WITH THE STANDARDS SET OUT IN THE
MLC 2006 PROVIDING THE SEAFARER WITH DECENT WORKING AND LIVING
CONDITIONS ON BOARD THE SHIP, AMONG OTHERS. THE SHIPOWNER AND.
SEAFARER CONCERNED SHALL EACH HAVE A SIGNED ORIGINAL OF THE
SEAFARERS' EMPLOYMENT AGREEMENT.

THE MINIMUM NOTICE PERIOD TO BE GIVEN BY THE SEAFARERS AND
SHIPOWNERS FOR THE EARLY TERMINATION OF A SEAFARERS’ EMPLOYMENT
AGREEMENT SHALL NOT BE SHORTER THAN SEVEN (7) DAYS. A NOTICE PERIOD
SHORTER THAN THE MINIMUM MAY BE GIVEN IN CIRCUMSTANCES WHICH ARE
RECOGNIZED UNDER THE IMPLEMENTING RULES AND REGULATIONS OF THIS ACT
OR THE APPLICABLE COLLECTIVE BARGAINING AGREEMENTS AS JUSTIFYING
TERMINATION OF THE EMPLOYMENT AGREEMENT AT SHORTER NOTICE OR WITHOUT
NOTICE. IN DETERMINING THOSE CIRCUMSTANCES, THE IMPLEMENTING RULES AND
REGULATIONS OF THIS ACT SHALL INCLUDE PROVISIONS THAT SHALL ENSURE
THAT THE NEED OF THE SEAFARER TO TERMINATE, WITHOUT PENALTY, THE
EMPLOYMENT AGREEMENT ON SHORTER NOTICE OR WITHOUT NOTICE FOR
COMPASSIONATE OR OTHER URGENT REASONS IS TAKEN INTO ACCOUNT.

SEC. 56. POEA-PRESCRIBED SEAFARERS’ EMPLOYMENT AGREEMENT. THE
POEA SHALL PRESCRIBE A SAMPLE SEAFARER’S EMPLOYMENT AGREEMENT WHICH
SHALL STRICTLY ADHERE TO THE STANDARDS SET BY THIS ACT AND THE MLC 2006
ESPECIALLY ON, BUT NOT LIMITED TO, SALARIES AND WAGES AND THE PAYMENTS.
AND REMITTANCES THEREOF, AND WHICH SHALL ALSO CONTAIN ALL THE
NECESSARY PROVISIONS FOR THE ADEQUATE PROTECTION AND WELL-BEING OF
FILIPINO SEAFARERS, INCLUDING, BUT NOT LIMITED TO, MANDATORY SOCIAL
SECURITY SYSTEM (SSS) COVERAGE OF ALL FILIPINO SEAFARERS WITH
EMPLOYERS’ CONTRIBUTIONS. THE MANNING OR CREWING AGENCIES SHALL SEE
TO IT THAT ANY AND ALL SEAFARERS’ EMPLOYMENT AGREEMENTS THAT ARE
PROCESSED AND/OR CONSUMMATED IN THE COURSE OF THEIR RECRUITMENT AND
PLACEMENT ACTIVITIES SHALL STRICTLY ADHERE TO THE AFOREMENTIONED
CONVENTION OF 2006 AND TO THE SAID SAMPLE AGREEMENT PRESCRIBED BY THE
POEA AS A MINIMUM GUARANTEE FOR THE PROTECTION OF FILIPINO SEAFARERS.
FURTHERMORE, THE SAID EMPLOYMENT AGREEMENT SHALL CONTAIN, AMONG
OTHERS, A PROVISION THAT ALL SEAFARERS SHALL BE PAID FOR THEIR WORK
REGULARLY AND IN FULL IN ACCORDANCE WITH THEIR EMPLOYMENT
AGREEMENTS, SAFEGUARDS AGAINST PROLONGED EXPOSURE TO VIBRATION ON
BOARD SHIP AND PROVISIONS ON SEAFARERS’ COMPLAINT/GRIEVANCE HANDLING
PROCEDURES, ON-SHORE AND ON-BOARD, AND MASTERS'/CAPTAINS’/EMPLOYERS'
DISCIPLINARY PROCEDURES THAT SHALL COMPLY WITH AT LEAST THE MINIMUM
REQUIREMENTS OF THE AFOREMENTIONED CONVENTION IN ORDER TO ENSURE
MAXIMUM POSSIBLE PROTECTION OF ALL FILIPINO SEAFARERS. NOTHING IN THIS
SECTION SHALL BE DEEMED TO PREVENT THE NEGOTIATION AND/OR
CONSUMMATION OF SUCH AGREEMENTS THAT MAY CONTAIN HIGHER THAN THE

24


MINIMUM STANDARDS SET BY THE POEA AND/OR THE CONSOLIDATED MARITIME
LABOR CONVENTION OF 2006.

SEC. 57. VOLUNTARY AND FREE ACCEPTANCE OF AGREEMENT. SEAFARERS
SIGNING A SEAFARERS' EMPLOYMENT AGREEMENT SHALL BE GIVEN AN
OPPORTUNITY TO EXAMINE AND SEEK ADVICE ON THE AGREEMENT BEFORE
SIGNING, AS WELL AS SUCH OTHER FACILITIES AS ARE NECESSARY TO ENSURE
THAT THEY HAVE FREELY ENTERED INTO AN AGREEMENT WITH A SUFFICIENT
UNDERSTANDING OF THEIR RIGHTS AND RESPONSIBILITIES.

SEC. 58. COLLECTIVE BARGAINING AGREEMENTS. TO THE EXTENT
COMPATIBLE WITH PHILIPPINE LAW AND PRACTICE, SEAFARERS' EMPLOYMENT
AGREEMENTS SHALL BE UNDERSTOOD TO INCORPORATE ANY APPLICABLE
COLLECTIVE BARGAINING AGREEMENTS. IN FURTHERANCE OF THIS, THE POEA
SHALL UNDERTAKE MEASURES TO ENSURE THAT WHERE A_ COLLECTIVE
BARGAINING AGREEMENT FORMS ALL OR PART OF A SEAFARERS' EMPLOYMENT
AGREEMENT, A COPY OF THAT AGREEMENT SHALL BE AVAILABLE ON BOARD AND
WHERE THE LANGUAGE OF THE SEAFARERS' EMPLOYMENT AGREEMENT AND ANY
APPLICABLE COLLECTIVE BARGAINING AGREEMENT IS NOT IN ENGLISH, THE
FOLLOWING SHALL ALSO BE AVAILABLE IN ENGLISH: (A) A COPY OF A STANDARD
FORM OF THE AGREEMENT; AND, (B) THE PORTIONS OF THE COLLECTIVE
BARGAINING AGREEMENT THAT ARE SUBJECT TO A PORT STATE INSPECTION.

SEC. 59. ACCESSIBILITY OF INFORMATION AND RECORD OF EMPLOYMENT ON
BOARD SHIP AND IN PORTS TO BE VISITED. THE POEA SHALL UNDERTAKE
MEASURES TO ENSURE THAT CLEAR INFORMATION AS TO THE CONDITIONS OF
SEAFARERS’ EMPLOYMENT CAN BE EASILY OBTAINED ON BOARD BY SEAFARERS,
INCLUDING THE SHIP'S MASTER, AND THAT SUCH INFORMATION, INCLUDING A COPY
OF THE SEAFARERS’ EMPLOYMENT AGREEMENT, IS ALSO ACCESSIBLE FOR REVIEW
BY OFFICERS OF A COMPETENT AUTHORITY, INCLUDING THOSE IN PORTS TO BE
VISITED, AND THAT SEAFARERS SHALL BE GIVEN A DOCUMENT CONTAINING A
RECORD OF THEIR EMPLOYMENT ON BOARD THE SHIP.

SEC. 60. SEAFARER COMPENSATION FOR SHIP'S LOSS OR FOUNDERING,
HOURS OF WORK, OVERTIME WORK AND PAY, LEAVES AND SHIPBOARD WORKING
ARRANGEMENTS. THE MANNING OR CREWING AGENCIES SHALL ENSURE THAT THE
STANDARDS SET BY THE MLC 2006 CONCERNING SEAFARER COMPENSATION FOR
THE SHIP'S LOSS OR FOUNDERING, HOURS OF WORK, OVERTIME WORK AND PAY,
ENTITLEMENT TO LEAVES AND SHIPBOARD WORKING ARRANGEMENTS ARE MET IN
ANY AND ALL SEAFARERS’ EMPLOYMENT AGREEMENTS THAT ARE PROCESSED
AND/OR CONSUMMATED IN THE COURSE OF THEIR RECRUITMENT AND PLACEMENT
ACTIVITIES.

SEC. 61. SALARIES, WAGES, Allotment and Remittances. ALL SEAFARERS
SHALL BE PAID FOR THEIR WORK REGULARLY AND IN FULL IN ACCORDANCE WITH
THEIR EMPLOYMENT AGREEMENTS. It shall be mandatory for all seafarers to remit a
portion of their earningS to their families, dependents, and/or beneficiaries in accordance with
rules and regulations prescribed by the Secretary of DOLE.

SEC. 62. Limitations on Wage Deductions. A deduction from the seafarer’s wages
shall not be made without his/her written consent, unless the deduction is provided for in the
contract of employment and is authorized by law.

SEC. 63. Rest Periods. A seafarer shall be allowed reasonable rest periods in
accordance with international standards and the Labor Code. He/she shall be entitled to
adequate time for rest and sleep. The period of rest shall, during any 24-hour period, amount to
not less than 10 hours

SEC. 64. Shore Leave. The seafarer shall be allowed shore leave when practicable,
upon the consent of the master of deputy, taking into consideration the operation and safety of
the vessel and the seafarer.

25


SEC. 65. Short Manning and SaveD Wages. In the event that the whole or part of the
voyage is carried out with a smaller crew than what was previously appointed, or if the number
of the active members of the crew is reduced prior to or during the voyage, the wages saved
due to this circumstances shall be distributed proportionately among the members of the active
crew who assumed additional work resulting therefrom

SEC. 66. Personal Effects. A seafarer may bring a reasonable number of articles for
personal use: Provided, however, That this does not involve inconvenience to the ship or cargo
or pose any health risk on board. If the seafarers’ personal effects are lost or damaged as a
result of shipwreck, loss or stranding, abandonment of the vessel, or as a result of fire, flooding,
collision or piracy, the employer shall reimburse him / her for said loss or damage.

SEC. 67. Consideration of Seaworthiness. When more than half of the crew makes a
written complaint to the master regarding the seaworthiness of the ship for the forthcoming
voyage, if the chief engineer of first mate makes a similar complaint regarding the part of the
ship, appurtenances or equipments under their respective supervision, the ship master shall be
bound to have the ship examined. If the shipmaster refuses to let the ship be examined despite
valid complaint to do so, the crew may refuse to proceed WITH the voyage.

CHAPTER X.
HEALTH AND SAFETY

Sec 68. Prevention of Health Hazards. Work on board the vessel must be organized
and execut[ive]ED in such a manner that the seafarer’s life and limb is well looked after. When
a seafarer is assigned to work, due regard shall be paid to his qualifications to undertake the
work on a safe and sound basis. Provisions shall be made to ensure that the seafarer is well-
informed of the hazards inherent in the work, and that he is given the proper guidance and
adequate practice necessary to avoid such hazards.

Sec 69. Sanitary Conditions. Measures should be undertaken to ensure cleanliness
and proper hygiene on board. The master shall ensure that the crew is provided a well-balanced
diet. He should also guarantee that the crew receives the necessary vaccination or inoculation
as required by the circumstances or the laws of the country of which the vessel may enter.

SEC. 70. HEALTH AND PREVENTION OF ACCIDENTS. PRACTICAL MEASURES
SHOULD BE TAKEN BY THE MARITIME TRAINING COUNCIL TO BRING TO THE
ATTENTION OF YOUNG SEAFARERS INFORMATION CONCERNING THE PREVENTION
OF ACCIDENTS AND THE PROTECTION OF THEIR HEALTH ON BOARD SHIPS. SUCH
MEASURES COULD INCLUDE ADEQUATE INSTRUCTION IN COURSES, OFFICIAL
ACCIDENT PREVENTION PUBLICITY INTENDED FOR YOUNG PERSONS AND
PROFESSIONAL INSTRUCTION AND SUPERVISION OF YOUNG SEAFARERS.

SEC. 71. HARMFUL SUBSTANCES. EDUCATION AND TRAINING OF YOUNG
SEAFARERS BOTH ASHORE AND ON BOARD SHIPS SHOULD INCLUDE GUIDANCE ON
THE DETRIMENTAL EFFECTS ON THEIR HEALTH AND WELL-BEING OF THE ABUSE OF
ALCOHOL AND DRUGS AND OTHER POTENTIALLY HARMFUL SUBSTANCES, AND THE
RISK AND CONCERNS RELATING TO HIV/AIDS AND OF OTHER HEALTH RISK RELATED
ACTIVITIES.

SEC. 72. Medical Examination and Medical Service. A seafarer engaged to perform
services on board shall secure a medical certificate to the effect that he is not suffering from any
illness or mental or physical defect rendering him unfit for work or which may constitute danger
to other persons on board. Any member of the crew may also be required to submit to a medical
examination, at the expense of the ship owner, should the master have reason to believe that
such examination is necessary to monitor and maintain the health and environmental conditions
‘on board the vessel.

SEC. 73. Protection from Sexual Harassment. It shall be the duty of the master and

the employer to prevent the commission of acts constituting sexual harassment and to provide
measures for the resolution, settlement or prosecution of acts of sexual harassment

26


Sexual harassment is herein defined as an act committed by an employer, employee,
supervisor, agent of the employer, any other person who, having authority, influence or moral
ascendancy over another in a work,TRAINING, CADETSHIP, INTERNSHIP environment
demands, requests or otherwise requires any sexual favor from another, regardless of whether
the demand, request or requirement is accepted by the subject of the said act.

CHAPTER XI.
SOCIAL WELFARE SERVICES AND DISABILITY BENEFITS

SEC. 74. Disability. In case of [work-related] total or partial disability of the seafarer
during the term of his/her employment cause by either injury or illness, the seafarer shall be
compensated in accordance with the schedule of the benefits prescribed by the law,
Computation of his/her benefits arising from an illness or disease shall be governed by the rates
and the rules of compensation applicable at the time the illness or disease was contracted,

No compensation shall be payable in respect in any injury, incapacity, disability or death
of the seafarer resulting from his/her willful or criminal act; Provided, however, That the

employer can prove that such injury, incapacity, disability or death is directly attributable to the
seafarer.

When requested, the employer shall furnish the seafarer a copy of all pertinent medical
reports or records at no cost to the seafarer.

SEC. 75. Employer's Liability in Case of Death, When the seafarer dies as a result of
injury or illness during the term of employment, the employer shall pay the beneficiary/ies of the
seafarer all outstanding obligations due the seafarer under his/her employment contract; The
employer is also mandated to notify the next of kin and make arrangement for burial, return or
repatriation of the remains. If the death occurs in a foreign territory, the master shall also inform
the nearest Philippine Embassy or Foreign Service Office of said death. The remains and
personal effects of the seafarer shall be transported to the Philippines employer's expense
except if the death occurred in the port where local government laws or regulations do not
permit the transport of such remains.

In case death occurs at sea, the arrangements for the handling of the remains shall be
drawn up and proposed by the shipmaster to the deceased next of kin. In all cases, the
employer and/or shipmaster, through the manning and crewing agency, shall communicate with
the next of kin of the deceased and secure the next of kin's concurrence as regards the
proposed arrangements covering the handling of the seafarer’s remains. The employer shall
also pay for the seafarer’s burial expenses.

SEC. 76. Death Benefits. In case of [work-related] death of the Filipino seafarer during
the term of his contract, the employer shall pay his beneficiaries the corresponding death
benefits

The benefits shall be separate and distinct from and shall be in addition to whatever
benefits the seafarer is entitled to under Philippine laws and regulations.

No benefits shall be payable in case of death resulting from a willful act by the Filipino
seafarer. In connection thereto, the employer can prove that such death is directly attributable to
the seafarer.

SEC. 77. Payment of Benefits. The employer shall [have] ensure expeditious
arrangement for the payment of death or personal injury benefits provided under this Act.

The employer shall likewise arrange for adequate insurance coverage.

SEC, 78. Review of Benefits. The POEA shall, upon consultation, with the seafarer's
unions and associations of manning agencies and shipping companies, undertake a regular

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annual review of the death benefits provided under this Act and through its governing board,
update or amend the death benefits to keep it at par with prevailing international standards.

SEC, 79. Seafarer's Loan Guarantee Fund. The OWWA, in coordination with
government financial institutions, shall institute financing schemes that will expand the grant of
pre-departure loan and family assistance loan to seafarers in accordance with Section 21 of RA
No, 8042, ALL OTHER LAWS, RULES AND REGULATIONS AND OWWA BOARD
RESOLUTIONS THAT MAY BE ENACTED/ADOPTED IN THE FUTURE, WHICH SHALL
GRANT OWWA LOANS TO OVERSEAS FILIPINO WORKERS AND/OR THEIR
FAMILIES/BENEFICIARIES, SHALL BE DEEMED TO INCLUDE FILIPINO SEAFARERS
WORKING ABROAD AND/OR THEIR FAMILIES/BENEFICIARIES.

SEC. 80. Housing and Provident Benefits. Seafarers shall be provided access to the
government's housing program through membership in the Home Development Mutual Fund
(Pag-ibig Fund)

SEC, 81. Care of the Sick or Injured. In case of illness or injury during the term of
employment, the master shall arrange for the seafarer to receive proper nursing care on board
or ashore, including medical attention, medicines and attention.

The sick or injured seafarer shall continue to receive his wages during the time he is
under contract

If the work-related injury or illness requires medical and / or dental treatment in a foreign
port, the employer shall be liable for the full cost of such medical, serious dental, surgical and
hospital treatment as well as board and lodging until the seafarer is declared fir to work or to be
repatriated

SEC. 82. Care for Repatriated Seafarers. If after repatriation, the overseas seafarers
still require medical attention arising from said injury or illness, he shall be so provided, at cost
to the employer until such time he is declared fit and the degree of his disability has bi
established by the employer-designated physician.

For this purpose, the seafarer shall submit himself to a post-employment medical
examination by a company-designated physician within three (3) working days upon his return
except when he is physically incapacitated to do so, in which case, a written notice to the
agency within the same period is deemed as compliance. Failure of the seafarer to comply with
the mandatory reporting requirement shall result in his forfeiture of his right to claim the above
benefits

SEC. 83. SOCIAL SECURITY BENEFITS. ALL SEAFARERS SHALL BE MEMBERS
OF THE WELFARE FUND OF THE OVERSEAS WORKERS WELFARE ADMINISTRATION
(OWWA), THE PAG-IBIG FUND (HOME DEVELOPMENT MUTUAL FUND), THE SOCIAL
SECURITY SYSTEM (SSS) AND THE PHILIPPINE HEALTH INSURANCE CORPORATION
(PHILHEALTH).

SEC. 84, WELFARE FACILITIES AND SERVICES. THE DEPARTMENT OF LABOR
AND EMPLOYMENT, IN COORDINATION WITH THE DEPARTMENT OF
TRANSPORTATION AND COMMUNICATION, PHILIPPINE PORTS AUTHORITY AND
OTHER RELEVANT GOVERNMENT AGENCIES SHALL ENSURE THE PROVISION OF
SUCH WELFARE FACILITIES AND SERVICES AS MAY BE REQUIRED, IN APPROPRIATE
PORTS/AIRPORTS OF THE COUNTRY TO BE KNOWN AS SEAFARERS’ WELFARE
CENTERS. THE DOLE, IN COORDINATION WITH THE AFOREMENTIONED AGENCIES
SHALL TAKE MEASURES DESIGNED TO EXPEDITE THE FREE CIRCULATION AMONG
SHIPS, SEAFARERS, CENTRAL SUPPLY AGENCIES AND WELFARE ESTABLISHMENTS.
OF WELFARE MATERIALS SUCH AS FILMS, BOOKS, NEWSPAPERS AND SPORTS
EQUIPMENT FOR USE BY SEAFARERS ON BOARD THEIR SHIPS AND IN WELFARE
CENTERS ASHORE. INTERNATIONAL SEMINARS ON THE SUBJECT OF WELFARE OF
SEAFARERS AT SEA AND IN PORT SHALL BE ORGANIZED. WHERE APPROPRIATE,
FACILITIES FOR RELIGIOUS OBSERVANCES, LEGAL SERVICES AND PERSONAL
COUNSELLING SHALL BE PROVIDED IN THE SAID WELFARE CENTERS.

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CHAPTER XII
DISCIPLINARY AND DISPUTE SETTLEMENT PROCEDURE
SEC. 85. Duties of the Employer / Master.

a) To faithfully comply with the stipulated terms and conditions of the employment
contract, particularly the prompt payment of wages, remittance of allotment and
the expeditious settlement of valid claims of the seafarer,

b) To make operational on board the vessel the grievance machinery provided in
this contract and ensure its free access at all times by the seafarer; AND

©) Toensure the protection and safety of seafarers at all times.

SEC. 86. Duties of the Seafarer.

a) To faithfully comply with and observe the terms and conditions of his contract,
violations of which shall be subject to disciplinary sanctions;

b) To treat the ship and the cargo with proper care out his duties as a whole with
due responsibility;

c) To comply with company rules, regulations and policies consistent with the rules
and regulations issued by the DOLE;

d) To conduct himself in an orderly and respectful manner towards passengers and
shippers stevedores, port authorities and other persons official business with the
ship. Each shall treat his / her colleagues on board with due consideration; AND

e) To observe the grievance procedure outlined in this Act.

SEC. 87. Disciplinary Procedures. The employer/master shall serve seafarers with a
written notice containing the grounds for the charges as well as the date, time and place for a
formal investigation of the charges against the seafarer concerned.

‘The employer/master or his/her authorized representative shall conduct the investigation
or hearing, giving the seafarer the opportunity to explain or defend himself against the charges.
An entry on the investigation shall be made in the ship's logbook. If, after the investigation or
hearing, the employer / master is convinced that the imposition of a penalty is justified, the
employer / master shall issue a written notice of penalty and the reason therefor to the seafarer,
with copies furnished to the manning or crewing agency which deployed the said seafarer.

The aggrieved seafarer may appeal in writing within a period of five (5) days from the
date the Master rendered decision to a Grievance Resolution Committee composed of one (1)
representatives from the ratings to be chosen by the concerned seafarer, one (1) representative
from the officer level to be chosen by the Master, and one (1) neutral party to be agreed on by
the concerned seafarer and shipmaster.

The Grievance Resolution Committee shall review the appeal within a period of not more
than fifteen (15) days from the date of appeal. Execution of judgment is deemed suspended
upon filing of the appeal

SEC. 88. Grievance Machinery.

a) If the seafarer considered himself aggrieved, he shall make his complaint in
accordance with the following procedures:

1. The seafarer shall approach the head of the Department in which he is
assigned to explain his grievance;

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2. The seafarer shall state his grievance in writing and in an orderly manner,
and shall choose a proper time when his complaint or grievance can be
properly heard;

3. The Department Head shalll seek to resolve the complaint or grievance and,
where solution is not possible at his level refer the complaint or grievance to
the Master;

4. If the seafarer is not satisfied with the decision of the Master, he may
appeal to the Grievance Resolution Committee which shall be composed of
the one (1) representative from the ratings to be chosen by the concerned
seafarer, one (1) representative from the officer level to be chosen by the
Master, and one (1) neutral party to be agreed on by the concerned
seafarer and shipmaster,

5. The Grievance Resolution Committee shall seek to address and resolve the
grievance within a period of fifteen (15) days upon receipt of written appeal;

6. If no satisfactory result is achieved, the seafarer concerned may appeal to
the management of the company or with a Philippine Labor Attache or
consular officer overseas.

7. The Master shall afford such facilities necessary to enable the seaman to
transmit his appeal; and

B) THE GRIEVANCE MACHINERY SHALL BE AVAILED OF BY THE PARTIES TO
THE DISPUTE IRRESPECTIVE OF WHETHER OR NOT THEIR CONTRACTUAL
RELATIONSHIP IS COVERED BY A COLLECTIVE BARGAINING AGREEMENT.
THE PROCEDURE SHALL BE A CONDITION PRECEDENT PRIOR TO THE
ASSUMPTION BY THE VOLUNTARY ARBITRATOR OR PANEL OF VOLUNTARY
ARBITRATORS OR THE LABOR ARBITER OF THEIR ORIGINAL AND
EXCLUSIVE JURISDICTION. When availed by the seafarer, the grievance
procedure and all actions or decisions agreed upon shall be properly documented for

the protection and interest of both parties. Speedy resolution of cases shall be given
utmost priority.

C) THE GRIEVANCE RESOLUTION COMMITTEE SHALL INCLUDE, AMONG
OTHERS IN ITS RESOLUTION, ORDER OR DECISION A CERTIFICATION OF
WHETHER OR NOT THE RELATIONSHIP OF THE PARTIES TO THE DISPUTE
ARE COVERED BY A COLLECTIVE BARGAINING AGREEMENT, AND THE
REFERRAL OF THE DISPUTE TO THE APPROPRIATE VENUE.

SEC. 89. Dispute’ Settlement. The procedure herein stated shall be without prejudice to
the other action that maybe brought by the seafarer before the jurisdiction of the concerned
regular courts and/or NLRC; or to the exclusive and original jurisdiction of the voluntary
arbitrator or panel of arbitrators appointed from the accredited voluntary arbitrators of the
National Conciliation and Mediation Board (NCMB) of DOLE.

SEC. 90. Voluntary Arbitration. Pursuant to the constitutional mandate on the
preferential use of voluntary modes of dispute settlement, the DOLE shall adopt procedural
guidelines in the conduct of voluntary arbitration proceedings involving the maritime sector, and
promote the use of voluntary arbitration as a mode to achieve speedy resolution of cases.

SEC. 91. Money Claims. Notwithstanding any provision of law to contrary, the Labor
Arbiters of the NLRC shall have the original and exclusive jurisdiction to hear and decide, within
ninety (90) calendar days after filing of the complaint, the claims arising out of an employer-
employee relationship or by virtue of any law or contract involving a Filipino seafarer, including
claims for actual, moral, exemplary and other forms of damages.

THE LABOR ARBITER, RECOGNIZING THE SIGNIFICANCE OF THE DIFFERENT
MODES OF ALTERNATIVE DISPUTE RESOLUTION SHALL BEFORE ITS ASSUMPTION

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OF JURISDICTION ENSURE THAT THE DISPUTE HAS UNDERGONE THE MANDATORY
GRIEVANCE PROCEDURE AND NOT WITHIN THE AMBIT OF VOLUNTARY
ARBITRATION.

The liability of the principal/employer and the manning or crewing agency for any and all
claims under this section shall be joint and several. This provision shall be incorporated in the
contract for overseas employment and shall be a condition precedent for its approval. The
performance bond to be filed by the manning and crewing agency, as provided by law, shall be
answerable for all money claims or damages that may be awarded to the seafarer concerned. If
the manning or crewing agency is a juridical being, the corporate officers and directors and
partners as the case may be, shall themselves be jointly and solitarily liable with the corporation
or partnership for the aforesaid claims and damages.

Such liabilities shall continue during the entire duration of the employment contract and
shall not be affected by any substitution, amendment or modification made locally or in a foreign
country where the said contract was entered into, Any compromise, amicable settlement or
voluntary agreement on money claims inclusive of damages under this section shall be paid
within four (4) months from the approval of the settlement by the appropriate authority

In case of termination of overseas employment without just, valid or authorized cause
defined by law or contract, the seafarer shall be entitled to the full reimbursement of his/her
placement fee with interest at twelve percent (12%) per annum, plus his/her salaries for the
unexpired portion of his/her employment contract or for three (3) months for every year of the
unexpired term, whichever is less.

SEC. 92. Liability for Claims. The liability of the principal/employer and the manning
agency for any claims made by a Filipino seafarer under this Title shall be joint and several.

SEC. 93, MANDATORY LIABILITY INSURANCE COVERAGE. THE STATE SHALL.
ESTABLISH A SYSTEM OF PROTECTION, BY WAY OF INSURANCE OR AN EQUIVALENT
APPROPRIATE MEASURE, TO COMPENSATE SEAFARERS FOR MONETARY LOSS
THAT THEY MAY INCUR AS A RESULT OF THE FAILURE OF A RECRUITMENT AND
PLACEMENT SERVICE OR THE RELEVANT SHIPOWNER UNDER THE SEAFARERS!
EMPLOYMENT AGREEMENT TO MEET ITS OBLIGATIONS TO THEM. TOWARDS THIS
END, A MANDATORY LIABILITY INSURANCE COVERAGE FOR THE BENEFIT OF
SEAFARERS AND TO COVER SEAFARERS’ MONEY CLAIMS SHALL BE ESTABLISHED
BY THE GOVERNMENT WHEREBY ALL MANNING OR CREWING AGENCIES SHALL BE
REQUIRED TO JOIN IN. THE SEAFARERS/APPLICANTS SHALL NOT BE MADE TO PAY
ANY CHARGE OR PREMIUM FOR THIS INSURANCE. THE STATE SHALL ENSURE THE
PAYMENT IN FULL AND WITHOUT DELAY OF SEAFARERS’ MONEY CLAIMS. AN
ADMINISTRATIVE FINDING BY THE POEA OF ANY VIOLATION OF THIS SECTION SHALL
CAUSE THE MANNING OR CREWING AGENCY CONCERNED TO SUFFER THE PENALTY
OF SUSPENSION OR CANCELLATION OF ITS LICENSE TO OPERATE.

SEC. 94. Prescriptive Period. Recognizing the particular nature of overseas shipboard
employment, all monetary claims arising from the seafarer's contract shall prescribe within three
(3) years from the date of the seafarer’s return to the point of hire. All monetary claims of those
employed in domestic shipping shall prescribe within three (3) years from the day the action
commenced.
CHAPTER XiIll
POST EMPLOYMENT

SEC. 95. Termination of Employment. The employment of the overseas seafarer shall
cease when he/she

a) Completes his/her period of contractual service aboard the vessel, signs off from
the vessel and arrives at the point of hire;

b) Arrives at the point of hire for any of the following reasons:

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i. Voluntarily resigns for just cause and signs off prior to expiration of
contract;
ii, Signs-off and disembarks for health reasons;
Signs-off due to shipwreck, lay-up of vessel, change of vessel or
discontinuance of voyage; AND
Is discharged for just cause.

SEC. 96. Termination by the Seafarer.

a) Asseafarer may terminate the employer-employee relationship based on either:

i. The ship is not seaworthy;

ii, The principal changes;

iii, The vessel is sold;

iv. The vessel is shipwrecked;

v. The seafarer has been ill-treated on board and the master has failed to
protect him when requested to do so;

vi. The voyage is discontinued or substantially altered;

vii. After the seafarer starts on board, it appears that the ship risk being seized
by a belligerent power or exposed to war damage, or that such risk is
imminent or has increased considerably; and

vii, After the seafarer starts on board, it appears that a violent epidemic
disease has broken out in the port for which the ship is bound;

b) _In cases mentioned in paragraph (a), subparagraph (vi)-(vili) hereof, the seafarer
may take his/her departure with immediate effect if the voyage has not
commenceD, or otherwise at the ship's first port of call after he has become
aware of the situation.

SEC. 97. Prohibition against Transfer of Station. A Filipino seafarer shall not be
transferred at any port to any vessel owned or operated, manned or managed by the same
employer without the seafarer's consent. In the event that the seafarer concerned consents with
such transfer, the position of the seafarer and the rate of his/her wages and terms of services
shall, in no way, be lower or inferior and the total period of employment shall not exceed that
original agreed upon. Any form of transfer shall be documented and reported by the manning or
crewing agency to the POEA.

SEC. 98. Post-Employment Benefits. Whenever applicable, in addition to the benefits
a seafarer may be entitled to under the OWWVA and the SSS, a retiring seafarer covered by
collective bargaining agreement shall be entitled to such post-employment benefits as may be
provided irhis / her contract or agreement.

A Filipino seafarer who is not covered by a collective bargaining agreement, on the other
hand, may, upon notice to his/her manning or crewing agency and principal, authorize the
deduction of a specified percentage of his/her monthly wages to form part of his/her voluntary
contribution to the post-employment fund. The amount to be deducted shall be placed in an
account in the name of the contributing seafarer

CHAPTER XIV
REPATRIATION

SEC. 99. Repatriation. All costs related to the repatriation and / or transport of the
personal effects of a seafarer shall be bome by or charge to the manning or crewing agency
concerned and/or its principal. The expenses of repatriation shall include the transportation
charges, the accommodation and the food of the seafarer during the journey. However, in cases
where the termination of employment is due solely to the fault of the seafarer, the
principal/employer or manning/crewing agency shall not in any manner be responsible for the
repatriation of the former and/or his/her personal effects. THE IMPLEMENTING RULES AND
REGULATIONS OF THIS ACT SHALL CONTAIN ALL THE NECESSARY DETAILS AND

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GUIDELINES CONCERNING THE REPATRIATION OF SEAFARERS THAT SHALL
STRICTLY ADHERE TO THE RELEVANT PROVISIONS OF THE MLC 2006.

SEC. 100, Mandatory Repatriation of Underage Seafarers. Upon discovery or
information of a Filipino seafarer whose actual age falls below eighteen (18) years of age, the
nearest Philippine consulate office shall, without delay, repatriate the said seafarer and advise
the DFA and DOLE as soon as possible of such discovery and other relevant information.

SEC. 101. Emergency Repatriation. The DOLE, in coordination with the OWWA and
the DFA, shall undertake the repatriation of seafarers in cases of war, epidemics, disasters or
calamities, natural or man-made, and other similar events without prejudice to reimbursement
by the responsible principal or manning/crewing agency. SEAFARERS WHO ARE DETAINED
IN A FOREIGN PORT SHALL BE DEALT WITH PROMPTLY UNDER DUE PROCESS OF
LAW AND SHALL BE PROVIDED BY THE DFA WITH APPROPRIATE CONSULAR
PROTECTION AND SHALL BE REPATRIATED PROMPTLY, ESPECIALLY WHEN THE
FAMILY OF THE SEAFARER OR THE SEAFARER HIMSELF REQUESTS IMMEDIATE
REPATRIATION.

SEC, 102. Legal Assistance Fund. The Legal Assistance Fund created under RA No.
8042 shall extend legal services to an overseas seafarer who is in distress in accordance with
the guidelines, criteria and procedures promulgated therein.

CHAPTER XV
REINTEGRATION SERVICES

SEC. 103. Retraining and Reintegration. Returning or unemployed seafarers may
avail of the livelihood development/re-training programs and placements services offered by
concerned government agencies, including OWWA and TESDA, TLC, and the CDA.

These agencies shall formulate skills upgrading or retraining curricula to meet the needs
of returning or unemployed seafarers. The participation of the maritime industry, in particular,
port and shipping industry, and maritime educational institutions shall be likewise solicited by
the DOLE in devising the appropriate retraining and local job placement programs for
unemployed seafarers.

SEC. 104. Establishment of Reintegration Center. A Re-integration Center within the
OWWA shall be established to attend to the needs of returning seafarers. The Center shall
provide a mechanism for their reintegration into the Philippine society, serve as a promotion
house for their local employment, and tap their skills and potentials for national development.

The Center shall provide the following services:

a) _Develop livelihood programs and project for returning seafarers in coordination
with the private sector and concerned government agencies;

b) Coordinate with appropriate private government agencies in the promotion,
development, and full utilization of their potentials. For this purpose, the DOLE
shall be the lad implementer. The CDA and the TLRC shall develop among
returning Filipino seafarers, technical expertise in the enterprise building and
development, while the DSWD shall provide the necessary services for the
effective social re-integration of migrant workers;

c) Develop a matching program that will allow returning Filipino seafarers to
develop business partnerships and employment options with public and private
sector enterprises in the country; and

d) Provide a periodic study of the assessment of job opportunities for returning
seafarers.

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SEC. 105. Scholarship Programs. Qualified seafarers or their immediate descendants,
who intend to pursue science and technology related courses may apply for scholarships with
the OWWA which shall benefit deserving overseas seafarers and/or their immediate
descendants below twenty-one (21) years of age who intend to pursue courses or training
primarily in the field of science and technology.

The DOLE, in coordination with the CHED, shall establish a similar program for domestic
seafarers within a period of three (3) years from the enactment of this Act.

CHAPTER XVI
ACCOUNTABILITY OF GOVERNMENT OFFICIAL AND PERSONNEL

SEC. 106. Accountability of Government Officials and Personnel. Any government
official and personnel who fails or refuse to render service(s) and/or assistance to seafarers
without just cause shall, after due notice and hearing, and if found guilty, be punished with
suspension from office of not less than thirty (30) days or dismissal from the service with
forfeiture of retirement and other benefits.

CHAPTER XVII
TRANSITORY PROVISIONS

SEC. 107. Implementing Rules and Regulations. The DOLE, in coordination with the
DFA AND THE SENATE COMMITTEE ON LABOR AND THE HOUSE COMMITTEE ON
OVERSEAS WORKERS’ AFFRAIRS and other agencies concerned, AFTER CONSULATION
WITH THE STAKEHOLDERS and within ninety (90) days after the effectivity of this Act, shall
formulate its rules and regulations.

SEC. 108. Separability Clause. If any provision of this Act is declared unconstitutional,
the remaining provisions shall [be] continue in force.

SEC. 109. Repealing Clause. All laws, presidential decrees, or issuance, executive
orders, letters of instruction, rules or regulations inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 110. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes first.

Approved,