Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

THIRTEENTH CONGRESS
First Regular Session

1804

House Bill No.

EXPLANATORY NOTE

This bill seeks to create the National Seafarers Administration to look
into and protect the interest and welfare of seamen employee overseas.

A National Seamen Board was created in 1974 to develop and
maintain a comprehensive program for Filipino Seafarers employed overseas.
However, the Board was abolished in 1982 with the creation of the Philippine
Overseas Employment Administration under Executive Order No. 797 which
has been empowered to formulate and undertake a systematic program for
promoting and monitoring the overseas’ employment of Filipino workers and
protect their rights to fair and equitable employment practices which also
include seamen. An Advisory Board for Seamen was also created which was
composed of private sector to advise the Philippine Overseas Employment
Administration on its overseas operations.

While many commend the performance of the Philippine Overseas
Employment Administration in protecting the rights and promoting the welfare
of Filipino overseas workers, the overseas seamen continually claim that they
have been overlooked by the goverment. The agency concerned may not be
aware but the seamen feel that they are not fully protected. Considering the
nature of their work, the problem they are encountering are very much
different from the land based overseas workers. The problems of these
workers are so complicated that a body fully concentrating on the seabased
workers is necessary.

The National Seafarers Administration to be composed of full-time
officials, not just an advisory group, is being proposed. The Administration will
be in charged of formulating policies and programs for the protection and
promotion of rights and welfare of seamen assigned aboard foreign vessel.

Approval of the bill is strongly recommer

:OILO GOLEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

THIRTEENTH CONGRESS
First Regular Session

House Bil No.__J 804

Introduced by the Honorable ROILO GOLEZ

AN ACT
CREATING THE NATIONAL SEAFARERS ADMINISTRATION,
PRESCRIBING ITS POWERS AND FUNCTIONS, AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. Title. - This Act shall be known as the "National Seafarers
Administration Act of 2004".

SEC.2. Declaration of Policy. - It is hereby declared the policy of
the State to afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment
opportunities for all

Pursuant to the foregoing state policy, The Philippines, through this
Act, shall consolidate and institutionalize the existing government efforts in
affecting meaningful programs on employment promotion, maritime
manpower development and utilization, and welfare and seafarers integrated
in one agency.

SEC. 3. Creation of the National Seamen Administration. - There
is hereby created a National Seafarers Administration, hereinafter referred to
as the Administration, which shall be organized within sixty (60) days from the
date of approval of this Act.

The Administration, as an attached agency, shall be under the
administrative supervision of the Department of Labor and Employment.

SEC. 4. Objectives. - The Administration shall have the following
objectives:

a) _Toestablish and maintain a centralized government agency that
would attend to the entire needs of Filipino seafarers by providing them the
necessary services, supervision, regulation and guidance in the pursuit of


their profession prior, during and after their emplayment on board domestic as
well as overseas trade and fishing vessels;

b) To give full and complete effect to the International Maritime
Organization Standards of Trainings, Certification, and Watch keeping for
Seafarers, 1978 (IMO STCW-78) as amended in 1995 so as to ensure that
from the point of view of safety of life at sea and protection of the maritime
environment, seafarers on board ships are qualified and fir for duties;

©) To develop, organize, maintain and operate an integrated
maritime manpower development system that would undertake the training,
certification and/or licensing and qualification of Filipino seafarers in
accordance with International Maritime Organization Standard of Training
Certification and Watch keeping for Seafarers IMO STCW - 78 and
Intemational Labor Organization (ILO) Conventions, governing pre-
employment qualification requirements and documentation for both domestic
and overseas manning and fishing industries;

d) To upgrade the knowledge and skill of Filipino seafarers in
modem ships technologies so as to meet the increasing demand of domestic
and foreign shipping companies for competent and trained seafarers,

2) To promote skills training of Filipino seafarers in safety of life
and property at sea in order to minimize if not totally eradicate sea disasters
which are attributed to human factors;

f) To organize, maintain and operate an exclusive adjudication and
welfare office for domestic as well as overseas seafarers and fishermen that
would protect their welfare under just and humane conditions of work and
wages, and promote a sound and stable manning industry;

g) To establish, maintain and operate a seafarers market
promotion and information office which shall enhance employment opportunity
to Filipino seafarers;

h) To encourage and monitor foreign exchange receipts from the
earnings of overseas Filipino seafarers and fishermen as a major contribution
to the upliftment of our national economy, in coordination with the Department
of Finance and the Bangko Sentral.

i) To represent the Philippine Government in all international and
regional meetings, conferences and/or conventions concerning maritime
labor, training and certification of seafarers;

i) To keep under constant review all unratified International
Maritime Conventions pertaining to human resources and recommend its
ratification and compliance; and

k) To provide technical assistance and other linkages with the
Commission on higher Education (CHED) in all matters pertaining to
education and training and skills development of seafarers.



SEC. 5. General Powers and Functions of the Administration. -
The Administration shall have the power to regulate and supervise the
manpower development and hiring of Filipino seafarers by shipping
companies, entities or persons on board domestic as well as overseas trade
vessels.

SEC. 6. The Goveming Board. - The Administration shall have a
tripartite governing board hereinafter referred to as the Board which shall
serve as the management and policy-making body. The Board shall be
authorized to organize a Technical Working Committee on a permanent or ad
hoc basis. The Board shall be composed of nine (9) members to be appointed
by the President: three (3) representatives from the Government Sector with
the Secretary of the Department of Labor and Employment as ex-officio
Chairman; three (3) representatives from the management sector, one of
whom shall come from the association of ship owners in the overseas trade,
another from the inter-island/domestic shipowner's association and the last
from the manning agent's association; and three (3) representatives from the
labor sector, one of whom shall come from the unions of seafarers in the
overseas trade, another from the unions of seafarers in the domestic trade
and the last to be proposed by the above-stated unions.

The members of the Board shall be entitled to a per diem of one
thousand pesos (PhP 1,000.00) for actual attendance in meetings which shall
not exceed two thousand pesos (PhP 2,000.00) per month. The members of
the Technical Working Committee shall be entitled to a per diem of five
hundred pesos (PhP 500.00) for actual attendance in meetings but which
shall not exceed two thousand pesos (PhP 2,000.00) per month.

SEC. 7. Powers and Functions of the Board. - The Board shall be
the highest policy making-body of the Administration. It shall exercise overall
administrative supervision over the Administration to insure the efficient
implementation of polices and programs laid down by the Board. The
Chairman shall appoint the officials and employees of the Administration upon
the recommendation of the Board and subsequent approval of the Civil
Service Commission. The Board shall have the following functions:

a) Promote and protect the rights and well-being of the Filipino
seabased workers for domestic and overseas employment to fair and
equitable recruitment and employment practices;

(b) Regulate private sector participation in the recruitment and
placement of domestic and overseas seabased workers by setting up a
licensing and registration system;

) Formulate, in coordination with appropriate entities concemed, a
system for promoting and monitoring the domestic and overseas employment
of Filipino seabased workers taking into consideration their welfare and
domestic manpower requirements;

(4) _ Exercise original and exclusive jurisdiction to hear and decide all
claims arising out of an employee-employer relationship or by virtue of any


law or contract involving Filipino seabased workers for domestic and overseas
employment including disciplinary cases; and all pre-employment cases which
are administrative in character involving or arising out of violation of
requirement of laws, rules and regulations including money claims arising
therefrom, or violation of the conditions for issuance of license or authority to
recruit workers. All prohibited recruitment activities and practices defined by
virtue of existing laws, shall be prosecuted in the regular courts in close
coordination with the concemed departments or agencies;

(e) Promote the development of skills and careful selection of
Filipino seabased workers for domestic and overseas employment;

Undertake the overseas market development activities for
placement of Filipino seabased workers;

(@) Secure the best terms and conditions of employment of Filipino
seabased contract workers and ensure compliance therewith; and

(h) Establish and maintain close relationship and enter into joint
projects with the Department of Foreign Affairs, Philippine Tourism Authority,
Ninoy Aquino Intemational Airport Authority, Department of Justice,
Department of Budget and Management and other relevant govemment
entities, in the pursuit of its objectives. The Board shall also establish and
maintain joint projects with private organizations, domestic or foreign, in the
furtherance to its objectives.

SEC. 9. General Powers and Functions of the Administrator and
the Deputy Administrator. -

(a) The Administrator - The Administrator shall be the Chief
Executive Officer of the Administration and, in exercising his functions, shall
establish and maintain close functional relationship with the Bureau of Local
Employment of the Department of Labor and Employment and other
government and private entities concerning manpower development and
employment of seafarers in relation to the needs of the industries, and shall
direct and supervise the overall operation of the Administration. The
‘Administrator shall have the following functions and duties:

(1) Assume full responsibility of implementing the purpose
and objectives of the Administration;

(2) Formulate, develop and subject to the approval of the
Board, implement programs and measures that would effectively carry
out the policies laid down by the Board;

(3) Execute and administer all approved policies, programs
and measures, and allocate appropriate resources for their operations;

(4) Recommend to the Board the appointment of all
supervisory, technical, clerical and other personnel of the
Administration;


(8) _ Represent the Administration in all its official transactions
or dealings and to authorize with his signature legal contracts, annual
reports, financial statements, correspondences and other documents,

(6) Submit to the Board at the end of every calendar year an
annual report on the operation of the Administration; and

(7) Perform other duties and functions as may be authorized
by law or as directed by the Secretary of Labor and Employment or his,
designated permanent representative;

(b) The Deputy Administrator - The Deputy Administrator shall be
the assistance of the administrator in all matters pertaining to the overall
operations of the Administration. He shall have the following duties and
responsibilities:

(1) Advise and assist the Administrator in the formulation and
implementation of policies and programs of the Administration;

(2) Evaluate the effectiveness of the Administration's
organizational and functional systems in the rendition of an efficient
delivery of services, and if necessary recommend appropriate
measures to improve performances of cognizant offices in the
Administration;

(3) Oversee and coordinate the operational activities of the
Administration, and shall be responsible to the Administrator for their
economical but efficient and effective services;

(4) Act as Chairman of the Personnel Selection and
Promotions Board, and shall be responsible for the welfare, morale and
discipline or personnel in the Administration;

(5) As deputy to the Administrator, assume the powers,
duties and responsibilities of the Administrator as may be authorized by
law or as directed by his immediate superior; and

(6) _ Perform such other duties and responsibilities as may be
authorized by law or as directed by his immediate superior.

SEC. 10. Functions of the Principal Offices. - For proper
coordination and effective implementation of the purpose and objectives of the
‘Administration, each principal subordinate office shall perform the following
functions:

(a) The Manpower Development Office - The Manpower
Development Office shall implement policies and guidelines toward promotion
of skills and professional competence of seafarers, and in the furtherance
thereof, the office shall :


1) Develop and establish training standards for Filipino
seafarers;

(2) In coordination with concerned government agencies,
accredit, regulate and supervise maritime training centers;

(3) _ Issue Seafarers Identity document or Seaman's Service
Record Book as prescribed by ILO Convention No. 108 and other rules
and regulations governing the issuance of said document;

(4) Issue certificates of proficiency and/or Endorsement of
Certificates in conformity with IMO-ILO Convention on STCW-78, and
ILO Convention Nos. 74 and 69, and other qualification requirements of
the shipping industries, in coordination with the Marine Board of
Examiners for Engine and deck Officers of the Professional Regulation
Commission;

(5) _ Establish and maintain a centralized registry of properly
trained and certified seafarers for domestic and overseas trade and
fishing vessels; and

(6 Perform such other functions as may be directed by the
Administrator.

(b) The Licensing, Accreditation and Placement Office - The
Licensing, Accreditation and Placement Office shall undertake a systematic
program of implementing the Administration's policies of promoting, regulating
and monitoring the employment of seafarers as well as the operation of
private manning agencies. Pursuant thereto, the offices shall:

(1) Establish, operate and maintain a licensing and
accreditation system to regulate the recruitment and the placement of
seafarers in accordance with ILO Convention No. 9 and in conformity
with existing Philippine laws, rules and regulations governing
employment of seafarers;

(2) Process the application for licenses or authority to
operate private manning agencies and supervise and regulate the
operations of the said agency;

(3) Prepare and implement an inspection program for the
effective supervision and evaluation of the activities of private manning
or shipping agencies;

(4) Process all shipboard contracts and/or shipping articles,
and secure the best possible terms and conditions of employment for
seafarers;

(5) Hear cases involving violations of rules and regulations
on the recruitment and placement; violations of the conditions of
licenses or authority including complaints for suspension and


cancellation or revocation thereof, and recommend to the Administrator
appropriate actions as deemed necessary;

(6) Register and issue seamen's registration cards to all
employable and qualified seafarers and fishermen desiring to be
employed on board domestic as well as overseas trade and fishing
vessels; and

(7) Perform such other functions as may be directed by the
Administrator.

(c) The Welfare Office - The Welfare Office shall undertake
measures to enhance the well-being of seafarers. In this regard, it shall
perform the following functions:

(1) Conduct pre-departure orientation seminars or briefings
to departing seafarers scheduled for employment. It shall also
undertake studies and development materials for use in pre-departure
orientation seminar of seafarers and other related activities;

(2) Accredit, regulate and supervise pre-departure orientation
seminars or briefings of authorized manning or shipping agencies;

(3) Formulate and undertake programs and projects for the
effective and efficient utilization of seafarers welfare funds;

(1) Provide services to assist the seafarers and their
immediate dependents and families; and

(5) Perform such other duties as may be directed by the
Administrator.

(d) The Adjudication Office. - The Adjudication Office shall
undertake measures towards industrial peace. in this regard, it shall perform
the following functions:

(1) Establish and maintain a speedy and efficient conciliation
and adjudication machinery, the resolution of which shall be made in
every case within thirty (30) days from submission thereof,

(2) Exercise exclusive jurisdiction over all cases involving
seafarers employer-employee relationship including money claims of
both parties: Provided, That each case shall be decided within ninety
(90) days from the time the issues are joined or from the date of filing
of said claim;

(3) Hear complaints and/or adjudicate cases or illegal
recruitment or exaction of excessive employment fees: Provided, That
each case shall be disposed of within sixty (60) days from the filing
thereof; and


(4) Perform such other duties as may be directed by the
Administrator.

(e) The Research, Standard and Marketing Development Office -
The Research, Standard and Marketing Development Office shall formulate,
develop, and’ implement a comprehensive maritime manpower export
development and market promotion strategies geared towards enhancement
of seafarers employment opportunities in domestic and overseas markets. In
furtherance thereto, it shall perform the following functions:

(1) Conduct researches, studies and statistics on the trend
and other data on both domestic and overseas shipping, and manning
industries for use as materials in policy formulate, market promotion
and manpower development program;

(2) Based on researches and studies, formulate and develop
standards for the Administration's manning offices;

(3) Provide appropriate data and statistics in the formulation
of plans and programs of the Administrations;

(4) Provide support services and materials for the
reproductions and publication of all printed materials of the
Administration;

(6) _ Develop, establish and maintain a public information
system and such facilities that would educate and orient seafarers
regarding the Administration's policies, programs, and activities
affecting their professions; and

(6 Perform such other functions as may be directed by the
‘Administration.

(e) The Administrative Office - The Administrative Office shall be
responsible for providing the Administration with services relating to personnel
information, records, supplies, equipment, collection and disbursements,
security and custodial works. It shall provide the Administration with staff
advice and assistance on budgetary, financial and management matters.

SEC. 11. Organization and Functions of Field Offices. - Whenever
it becomes necessary for the Administration to expand its operation to major
seaports or outports, it shall establish such number of field offices which shall
be the operating arm of the Administration in those areas. These field offices
shall assume the responsibilities of implementing and administering the
function of the Administration at those levels and the location, composition,
organization and functional requirements of the field offices shall be
determined by the Secretary of Department of Labor and Employment upon
the recommendation of the Administration.


SEC. 12. Staffing Pattem. - The organizational framework and
staffing patter of the Administration shall be prescribed and approved by the
Secretary of Labor and Employment within sixty (60) days after the approval
of this Act. The compensation plan of the Administration shall at least be
patterned after that of the Philippine Overseas Employment Administration.

With regard to appointments to positions in the approved staffing
pattern, optimum consideration shall be made conforming to the objective of
setting up and maintaining in the Administration the highest standards of
integrity, efficiency and competence.

In addition to other forms of incentive that may be granted by the
Board, all personnel of the Administration shall be entitled to the benefits
normally accorded to goverment employees.

SEC. 13. Special Provisions. - In implementing the provisions of
this Act, the Administration may call upon the government agency or
instrumentality for technical and personnel assistance. And in order to
strengthen its coordinative functions, the Administration shall hire and train
appropriate technical personnel which may be assigned to other government
agencies involved in the implementation of laws, rules and regulations relative
to the operations of the Administration.

SEC. 14. Transitory Provisions. - The Maritime Training Council,
and all offices, departments, branches, divisions or sections of the Philippine
Overseas Employment Administration, Overseas Workers Welfare
Administration, the Maritime Industry Authority, the Philippine Coast Guard,
and the Marine Board of Examiners for Engine and Deck of the Professional
Regulation Commission under Presidential Decree No. 97, as amended,
Maritime Section of the Commission on Higher Education, Maritime Section
on National Telecommunication Commission, and other government agencies
and instrumentalities performing any of the functions provided for under
paragraphs “a” and “e" and each of the subparagraphs therein of Section 11
of this Act are hereby transferred with their personnel, records, files, supplies,
vehicles, equipment, furnitures, funds and other properties to the National
Seafarers Administration.

For purposes of affecting a smooth, orderly and expeditious
organizational and functional transition period, the following shall among
others govern such undertakings:

(a) The Administration shall coordinate with agencies and
instrumentalities mentioned in this Section in order to minimize the disruption
of the usual services being rendered to the public and its clientele;

(b) _ Officials and employees of all agencies concerned shall not be
deprived of re-employment to the Administration nor shall there be a
diminution in their ranks or salaries, unless a contrary existing law so
provides; and


(c) Employees affected by the creation of the Administration shall
be given preference for appointment in the Administration on the basis of
merit and fitness: Provided, That those who may be laid off for cause or by
option of voluntary phase out, shall be given gratuity equivalent to one (1)
month's salary for every year of service, in addition to all benefits to which
they are entitled under existing laws and regulations.

SEC. 15. Penal Provisions. - Any person, association, corporation
or entity who violates any provisions of this Act, or the rules and regulations
mad thereof shall upon conviction be punished or fined in accordance to the
degree of offense as the court or adjudicating administration may impose in
accordance with existing civil or penal laws of the Philippines: Provided. That
in case the violation is committed by an association, corporation or entity, the
penalty shall be imposed on the responsible officers, directors, and/or owner
of the said entities: Provided finally, That nothing in this Act shall prevent the
National Seafarers Administration from instituting administration penalties for
violations of any regulations that it may promulgate.

SEC. 16. Appropriations. - The amount necessary for the
implementation of this Act shall be taken from the funds of all offices,
departments, branches, divisions or sections of the Philippine Overseas
Employment Administration, the Maritime Industry Authority, the Maritime
Training Council, the Philippine Navy, and the Marine Board of Examiners for
Engine and Deck of the Professional Regulation Commission under
Presidential Decree No. 97, as amended, and other government agencies and
instrumentalities performing any of the functions and programs provided for
this Act. Thereafter such sums as may be needed for the operation and
maintenance of the Administration shall be included in the annual General
Appropriations Act.

SEC. 17. Repealing Clause. - All laws, ordinances, rules and
regulations, and other issuances or parts thereof which are inconsistent with
this Act, are hereby repealed or modified accordingly.

SEC. 18. Separability Clause. - If for any reason any section or
provision of this Act is declared unconstitutional or invalid, the other sections
or provisions thereof, shall not be affected thereby.

SEC. 19.  Effectivity.- This Act shall take effect upon its complete
publication in at least two (2) national newspapers of general circulation.

Approved,