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Introduced by SENATOR EDGARDO I. ANGARA 
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~ EXPLANATQRV NOTE 
Human resource is an. essential strength in an increasing global economy. 
The Philippines remains to be the biggest source of seafarers in the global market, 
both for officers arid ratings. This phenomenon occurs in the context of continuing 
effotts by global shipping companies to cut costs, rationalize crewing, and comply 
with, among others, internatidnal conventions on maritime labour and protection of 
the environment. 
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Remittances from all JOFWs are a major source of US dollar earnings, 
contribute significantly to stabilizing the balance of payments, prevent foreign 
exchange instability, and s e i e  as a buffer against drastic devaluations of the peso 
which could lead to inflation., The significance thus of Filipino seafarers as a major 
component 
of 
our 
Overseas Employment to 
the 
economy 
cannot be 
overemphasized. 
The challenge now lies for the Philippines to maintain its dominant presence 
vis-&-vis competition posed by emerging sources of labor such as China, Russia, 
Ukraine, China, India, Indonesia, Poland, Greece and Turkey. I am of the belief that 
the advantaged position of the Philippines as a major supplier of maritime labor will 
be seriously undermined if the Philippine government does not take decisive steps 
to improve the national system of maritime education and training and does not 
push for the development and implementation of a strong, consistent legislative 
agenda for Filipino seafarers. 
\Ergo, beyond recognit'ion that the mal-itime industry is a viable option for 
economic growth is the State's primordial duty to ensure their protection and 
welfare. These actions are, furthermore, necessary for the Philippines to continue to 
maintain its status on the white list of countries complying with treaty standards 
under the International Convention on Standards of Training, Cerfjfication and 
Watchlteeping for Seafarers (STCW-95). 
A perfect start is to come up with a definitive policy legislation that will bring 
together the various provisions on seafarers scattered in various laws, institute well- 
meaning reforms in our maritime industry and create a holistic approach to 
recognizing, emphasizing and advancing the issues and concerns of our seafarers as 
are envisioned in this bill. 
Approval of the measure is respectfully sought. 
Senator 
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Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
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CHAPTER 1. 
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of Filipino Seafarers. I' 
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SECTION. 1. Short Tifle. This Act shall be known as the "Magna Carfa 
SEC. 2. ~ ~ ~ ~ a r a ~ j o f l  
of Policies. a) li is hereby declared the policy of 
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thestate: 
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1) 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; 
2) To paintain 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 
3) 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 ?hem opportunities to harness their potentials to the fullest. The 
State shall further work to uplift the socio-economic wellbeing of their 
respective families. 
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All rights and benefits granted under this Act 
shall, except as may otherwise be provided herein, apply to the Filipino 
Seafarers as defined herein. 
SfC. 4. Definitions. For purposes of this Act, 
a) “Autfmrify” refers io the document issued by the DOLE authorizing 
\any person or entity to engage in the recruitment and placement 
of seafarers or OFWs; 
b) “
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refers to the actual departure from the point of hire of 
a Filipino seafarer ihrough air, sea or land travel transport to join his 
vessel in a Philippine or foreign port; 
c) “Domestic ~
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refers to seafarers on board ship or vessel 
plying inter-island water or waters within Philippine territory; 
d) “Filipino Seafarers” refers to any person who fulfills the conditions to 
be employed or engaged 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 
seafarers serving on foreign maritime mobile offshore units who 
perform functions similar to those constituting a crew, fisherman and 
cruise ship personnel; 
e) “Informa\ Bfackljsfining” refers to the unlawful practice of 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; 
f) “Llcenrse” refers to the document issued by the DOLE authorizing 
any person or entity to operate a manning agency; 
g] ”Manning or Crewing Agencies” shall refer to any person, 
company, institution, agency or other organization in the public or 
private sector, which is engaged in recruiting seafarers in behalf of 
the employers or placing seafarers with employers; 
h) “Marlhe IndusPry” 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 
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chartering, 
designing, 
constructing, 
manufacturing, acquiring, operating, supplying, repairing and / or 
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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; 
i) “Musfer” refers to CY seafarer who has .the comrnand and is in- 
charge of the vessel being the representative the vessel’s owner. 
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j) 
“8ffiicer.s” refers to seafarers other than the Master who is 
designafed by national law or regulation as an officer or is serving in 
that capaci,ty, such as the 3rd ma.te, 2nd mate, chief mate, imasfer 
mariner in the ship’s deck, the marine engineer officers in the 
engine, and other special officers needed in the vessel. 
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Port“ refers to any Philippine airport or seaport: 
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‘TWippine Seafarers’ One-Stop Center” refers to the government 
office under the supervision of the Department of Labor and 
Employment created thru Administrative Order No. 56 on 24 
January 2003; 
m) “Philippine Shipping Companies” refers to entities registered and 
bensed under the laws of the Philippines to engage in the business 
of overseas and/of domestic water transportation: 
n) ”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; 
0) “Principal” or “employer” refers to any person, partnership or 
corporation registered and duly authorized to engage in overseas 
shipping activities engaging Filipino seafarers; 
p) “Rafing” 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. 
q) “ ~ ~ ~ r u i f m ~ n ~  
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 is any manner, offers or 
promises employment for a fee to two (2) or more persons shall be 
deemed engaged in recruitment and placement. 
r) “Seafarers” refers to any person who fulfills the conditions to be 
employed or engaged as part of the crew or complement of the 
ship navigating the domestic and international waters than a 
government ship used for milifary or commercial purposes. 
s) “Shipowner” refers io the 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. 
t) \“Vessel” includes any ship or boat of any nature whatsoever, 
ordinarily engaged in maritime navigation. 
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(CHED) " refers to the governmeni 
agency created pursuant .to Republic Act No. 7722; 
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agency created pursuant to Executive Order No. 11 7 (30 January 
1987), as amended by Republic Acts 7722, 7796, and 9155 ( 1 1  
Augus/ 200 I); 
w) ' ' ~ ~ ~ ~ i ~ i y i ~ n ~  
of For& n Affairs (FlFA]" refers to government agency 
created pursuant to Republic Act No. 7157; 
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of kabor and ~ i ~ ~ l o ~ r n ~ n % "  
refers to the governmeni 
agency created pursuant to Execuiive Order No. 292; 
y) "ILQ" refers to the International Labour Organization; 
z) "IMO" refers to the International Maritime Organization; 
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"Marifime Indnshy Authorit). 
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refers to the 
government agency created pursuant to Presidential Decree 474; 
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created pursuant to Letter of instruction 1404; 
bb) "Maritime Training Council" refers to the government agency 
cc) "NSO" refers to the National Statistics Office; 
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"Overseas Wofkkers Welfare ~ ~ r n i n i s ~ ~ a ~ i a n  
(OW 
government agency created pursuant to Execut 
"Philippine Coast Guard (PC 
created pursuant to Republic Act No. 51 7; 
"Philippitre Overseas  ploy^^^^ Agency (POEA,)" refers to the 
government agency created pursuant to Executive Order No. 797, 
as amended by Executive Order No. 24.7; 
'+ refers to the 
rder No. 126; 
" refers to the governmeni agency 
"Philippine Seafarer One Stop Processin Center (PSOC)" refers to 
the facility center which houses all relevant offices / agencies 
involved in providing services to seafarers in one roof, created 
under Adrninistrative Order No. 56: 
"PRC" refers to the Professional Regulation Commission; 
"STCW '78" refers to the International Convention on Standards of 
Training, Certification and Watch-keeping for Seafarers of 1978, as 
amended; 
"Technical Education and Skills ~ ~ v ~ l o ~ r n ~ n f  
Authoriff' refers to the 
government agency created pursuant to Republic Act No. 7796; 
"Tic" refers to the Technical and Livelihood Center: and 
"CDA" refers to the Cooperative Development Authority. 
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CHAPTER 11. 
SEC. 5. Access to ~ ~ u c a ~ i o n u 6  
A ~ v a n ~ e t ~ e f l f  
and Training. 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 ihis end, the State shall: 
1) Regulate ihe operation of all educational and review institutions 
offering courses related to seafaring: 
2) Pursue grant programs such as scholarships, subsidies, loan 
assistance and other measures that will harness the skills of Filipino 
seafarers toward grealer competitiveness to new demands in the 
industry; and 
3) Ensure that requirements on training and upgrading us mandated 
by manning and crewing agencies for employment, reemployment 
or promotion purposes shall take into account the seafarers' right lo 
spend quality time with his family. 
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SEC. 6. 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, condiiions and realities attending to their profession, 
and laws and regulations of countries covered by iheir 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. 
SEC. 7. Right to Humane Conditions of Work unel Right to Just 
Compensation. The State shall guarantee Filipino seafarers the right to 
humane conditions of work and the right to standard salary 
compensatory 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 I' pay in accordance with the agreement of 
the parties concerned and with existing domestic and international law. 
SEC. 8. Rights fo ~ ~ l f " o r ~ a f l i ~ ~ f i o ~ ,  
to engage in Collective 
Bargaining and to ~
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io democratic exercises. The State shall 
ensure Filipino seafarers of their right to self-organization, to collective 
bargaining and lo participate in the deliberation of issues and in the 
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formulation of po!icies 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. 
SfC. 9. Right to Legal ~
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Filipino seafarers who are 
victims of illegal recruitment, ill gal 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 arid 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. 
CHAPTER 111. 
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CENTER 
SEC. IO. Pfrilippirre Seafarer One Stop Processing Cenfer (PSOC). The 
PSOC, as established under Adrninistrative 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 
condyct official transactions. 
PSOC shall have the services of the following government offices: 
a) Overseas Workers Welfare Administration (OWWA); 
b) Commission on Higher Education (CHED): 
c) Professional Regulation Commission (PRC): 
d) Technical Education and Skills Development Authority (TESDA); 
e] 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); 
j) Social Security System (SSS); 
k) Pag-ibig Fund: 
I) Philippine Coast Guard (PCG); 
m) National Statislics Office (NSO); and 
n) Such o.ther government offices that the Secretary of DOLE may 
deem necessary. 
SEC. 1 1 .  ~ ~ a ~ i ~ ~ a l i ~ i r ~ ~  
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Systems and Procedures. The 
government offices enumerated under Section 9 hereof shall, wiihin three 
(3) inonfhs from the effectivity of this Act, and in consultation with 
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seafarers' organizations, recruitnient agency associations, and non- 
government orgtrnizations concerned, rationalize and streamline policies, 
rules, 
and procedures governing +he 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 -lime required for docurnentary processing, simplifying 
licensing and certification procedures, and facilitating the exiension of 
welfare and support services to their respective clients. 
rhese streamlining efforts shall focus on, among others: 
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; 
Elimination of unnecessary and duplicative requirements that go 
beyond the requirements as defined in ihe STCW '78, as amended; 
Formulation of a regulated employment standard setling by 
prescribing minimum provisions of the employment contract, in 
conformity with labor standard under Philippine laws and 
regulations; 
Regulatiori placement fee policy; 
7) ,Formulation of rules that ensure speedy disposition of illegal 
recruitment cases; and 
8) 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. 
SEC. 12. ~
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To be eligible for 
employment, a seafarer must: 
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1) Be a Filipino Citizen; 
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2) Be at least, eighteen (18) years old, except as may be determined 
$y the Secretary of Labor and Ernployment: 
3) Be fit for duty as certified by the government-accredited institution 
authorized ,to conduct physical and medical examination for 
overseas employment: 
4) Meet the qualification and certification requirements prescribed by 
the DOLE agency concerned and the standard requirements under 
the STCW '78, as amended, and oiher international instruments 
prescribed relevant standards; 
5) Registered with and duly certified by the DOLE agency concerned 
as eligible for overseas employment if serving on ocean going 
vessels, and as eligible for local employment if serving on board 
domestic or inter-island vessels; and 
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6) Oiher qualification requirements as may be prescribed by the DOLE 
in keeping with inlernational demands. 
SEC. 13. 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. 
SEC. 14. 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 '78, as amended, and under the ILO 
Conventions of which the Philippines is a signatory. 
Where in-service training and assessment of competence for the 
Filipino seafarer is required for purposes of certification under the STCW 
'78, the person conducting the same either on board or ashore must meet 
the qualifications prescribed under the aforesaid section of the STCW '78 
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CHAPTER V. 
SEC. 15. 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 
Filitinos: 
a) Department of Foreign Affairs. The DFA, through its home offices 
or foreign posis, shall -take priority action or make representation 
with the Foreign authority concerned to protect the rights of 
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Filipino seafarers and other overseas Filipinos and extend 
immediate assisfancp, including fhe repatriation of distressed or 
beleaguered Filipinoi seafarers and other overseas Filipinos: 
b) Commission on Higher Education (CHED) shall ensure the 
promotion of quality and efficiency in maritime education 
through advocacy and accountability. 
(b.1) Commissio; 
on Higher Education and the Technical 
Education anb Skills Development Authority. The CHED 
and the TESdA shall ensure that the curricula for the 
seafarers' edulcation and training are in consonance with 
the demands'of global maritime industry as well as with 
the requirements of STCW '78, as amended. 
(b.2) Commission: on Higher Education and Maritime Training 
Council. The; CIiED, in coordination with MTC, and 
maritime schools and +raining insfitutions, shall be 
responsible fbr 
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.. 
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c) Department of Labor and Employment. The DOLE shall ensure 
that lclbor 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 cenlers 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 qualily standards and mechanisms of 
training and competence of overseas Filipino seafarers. 
(c.2) Maritime Industry Authority. The MARINA shall be 
responsible in the formulation, adoption and enforcement 
of 
regulations governing the quality standards and 
rnechanisrns of training and competence of local 
seafarers. 
(c.3) Philippine Overseas Employment Agency. In pursuit of 
promoting the well-being of the Filipino seafarers, the 
F'OEA shall: 
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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 offjcers and crew 
members who are Filipino citizens and employed by 
foreign vessels; 
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k-) 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: 
c) Observe and conduct a comprehensive and updated 
system of 
pre-departure orienta.tion serninars or 
briefings to departing seafarers and other maritime 
workers scheduled tor deployment. It shall also 
undertake studies and distribute relevant materials for 
use in pre-departure orientatiori seminars of maritime 
workers and other related activities; 
d) Accredit, 
regulate 
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supervise 
pre-departure 
orientation seminars or briefings of author-ized manning 
or crewing agencies: 
e) Formulate and undertake programs and projects for 
the effective and' efficient utilization of the seafarers' 
welfare fund: 
f) Provide services to assist maritime workers and their 
immediate dependents and families: and 
g) Perform such other duties as may be essential in giving 
assistance to seafarers and their families. 
I 
SEC 
14. Filipino Seafcavers' Research and Resource Center. The 
CHED shall coordinate with the University of the Philippines School of 
Labor arid Industrial Relations (UP SOLAIR) for the establishment of an 
iriterdisciplinclry 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 cornpetitiveness in the global maritime market. 
CHAPTER VI. 
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SEC. 17. Docomenfafjon. 
a) For purposes of documentation, the Filipino seafarers shall be 
categorized into local and overseas seafarers. 
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b) Local seafarers are considered documented when they possess the 
following documents: 
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1 )  Seafarers Identification and Record Book (SIRB) and 
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2) Certificate of Completion of Training of prescribed courses 
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Certifica.te of Competency issued by the MARINA; 
issued by the accredited training centers; 
3) Licensure Certificate if the seafarer is a l-larbor Pilot or a 
Major or Minor Patron. 
c) 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 
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Seafarer's Registration certificate (SRC) issued by the 
POEA: 
2) Certificate of Completion of Training of prescribed courses 
issued by the accrediied 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; 
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4) Licensure Certificate if the seafurer is a marine officer; 
5)Such other documents as may be required 
SEC. 18. Licensure and Examinafbn. The Professional Regulatory 
Commission (PRC) shall be the lead dgency in administering licensure 
examinations and the issuance of such licensure certificates to seafarers in 
the officer level, except ihose 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 '78, as amended and other specific laws enacted for the purpose 
of regulating the profession. 
SEC. 
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Sysfem. The 
DOLE, in 
coordination with government agencies concerned, shall develop an 
Integra.ted Documentation System (IDS) for the purpose of integrating and 
systemizing the documentation of education, training licensing, and 
certification arnong Filipino seafarers. Said IDS shall contain all relevant 
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information on the seafarer, including education, training, licensure 
examinations and certifications taken. 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. 804.2. 
SEC. 20. Private Sector ~ ~ ~ i ~ i ~ a ~ i o n  
in the Recruitment unci 
Plmcenienf of Firipino Seafarers. Pursuant io 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 thq recruitment and placement of Filipino seafarers, locally and 
overseas; Provided, That such recruitment and placement procedures are 
consislent wilh the provisions stipulated under this Act and such other 
guidelines, rules and regulations as may be promulgated by the DOLE. 
SEC. 21. ~ u ~ i ~ a ~ i ~ a ~ j ~ n  
in fhe Recruitment and Placement Indusfry. 
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 fo 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. 
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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 imay be prescribed 
by the DOLE. 
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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. 23 Suspension and/or Cancellation of License or Authorify. The 
Secretary of the DOLE shall have the power to suspend or cancel and in 
both instances impose fine any license or aothority to recruit Filipino 
seafarers for overseas employment for violation of this Act or of other 
applicable provisions of laws, rules and regulations. 
SEC. 24. Persans and Enfifies ~ r ~ h i ~ i ~ @ d  
from ~~g~~~~~ in 
Recruitment and P
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Indu3hy. 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 o.ther government agencies involved in tho 
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 Iravel agency or 
engaged in business as sales agent or airline and/or shipping 
companies, or their offices, directors or partners. 
B. ~ e ~ r u i t r n e n ~  
and Placement Policies 
SEC. 25. Recruifmenf and Placemenf Policies. Manning or crewing 
agen k, 
ies engaged in private recruitment and placement services shall: 
Make certain that placement fees or other charges tor 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;" 
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; 
Ensure that the Filipino seafarers' well-being and rights shall be the 
primary consideration in the recruitment and placemeni 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: 
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' a) Specify, with due regard to the right to privacy and the need to 
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protect confideni'iality, the conditions under which the personal 
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data of Filipino seafarers are processed by manning or crewing 
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agencies including the collection, storage, combination and 
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communication 0.f such data to third parties: 
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e) Cease frorn furnishing or publishing any false notice or information 
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or docunient in relations to recruitment and employment, including 
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inducing or attempting to induce a seafarer already employed to 
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quit his / her employment and offering another employment or 
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unintentionally, any person or entity not to employ any seafarer or 
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the enforcement of a waiver of quit claims to any seafarer before, 
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during and after employment, which act shall be deemed unlawful; 
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f) Cease frorn substituting or altering to ihe prejudice of the seafarer 
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the employment contract approved and process by the DOLE and 
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withholding or denying travel or employment documents frorn 
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applicant seafarer considerations other Ihan those authorized 
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under this Act and ihe implementing rules and regulations 
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SEG. 26. Duties of Manning and Crewing Agencies. It shall be 
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d) Proper arrangements and opportunities are given for the Filipino 
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seafarer to examine his / her contract of employment and the 
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articles of agreement before and after he / she signed such 
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pertinent documents and for him / her to receive a copy of the 
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duly-signed contract of employment; 
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e) Adequate information about the conditions attending to the 
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situations on-board the vessel and overseas, as well as local and 
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international laws and regulations which apply to the Filipino 
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seafarer in .the course of his/her employment or sojourn shall be 
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provided: AND 
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influencing or attempting to influence, whether deliberately or 
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promulgated pursuant to this Act; AND 
9) Refrain frorn using means or mechanisms intended to prevent or 
deter seafarers from gaining employment. 
incumbent upon manning and crewing agencies to ensure that: 
a) Any seafarer recruited or placed by them is qualified and is in 
possession of the documents necessary for the job concerned; 
b) 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; 
c) The Filipino seafarer is informed of his / her rights and duties under 
his / her conlract of the employment and the articles of agreement 
prior to and in the process of engagement; 
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f) 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. 
SEC. 27. Mirin 
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. 28, Selective ~ e p f o ~ ~ e n ~  
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 
protecied. 
Any of the following legal instruments shall be recognized as 
guarantee on ihe 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: 
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b) It is a signatory to a multi-lateral convention, declarations or 
c) It has a bilateral agreement br arrangement wiih !he Philippine 
resolutions relating to the prote Ition of overseas seafarers; 
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government protecting the rights of overseas seafarers; or 
d) It is taking positive concrete measures to protect the rights of 
overseas seafarers. 
SEC. 29. Man on Resfricfions OR Deployment. Notwithstanding the 
provisions of the immediately preceding section, the DOLE, in pursuit of 
national interest or when public welfare so requires, may, at any lime, 
termihate or impose such restricts or ban on the deployment of overseas 
Filipino seafarers. 
SEC. 30. Prohibition Against Indiscriminate ~ ~ ~ f o y ~ e n ~  
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; 
b) Those medically diagnosed to be unfit to work for the job being 
applied: 
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c) 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 ihe DOLE may deemed prohibited. 
FEC. 31. V\sfforial Powers of z'he BOLE. 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. 
ILLEGAL WEC RU iYbAENT 
SEC. 32. Illegal Recroifment. 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 coniemplated 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. 
Illegal recruitment when commitled 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. H 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 ihe 
financial or maierial consideration involved amounts to more than one 
hundred thousand pesos (PlOO,OOO), regardless of fhe 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 
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a) Any person found guilty of illegal recruitment shall suffer the penalty 
of imprisonment of nol less than six (6) years and one ( 1 )  day but 
iiot more than twelve (12) years and a fine of not less than Two 
hundred thousand pesos (P200,OOO) nor not more than Five hundred 
thousand pesos (P500,OOO). 
b) The penalty of life imprisonment and a fine of not less than Five 
hundred thousand pesos (P500,OOO) nor more than One Million 
pesos (P 1,000,000) shall be imposed if illegal recruitment constitutes 
economic sabotage as defined in the preceding article: Provided, 
however, lhat the maximum penalty shall be imposed if the person 
illegally recrui,led is less than eighteen (18) years of age or that the 
act of illegal recruilment is commitfed by a noii-licensee or non- 
holder of authority. 
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Sec 34. Prokibiihn on Officials and Employees. It shall be unlawful 
for any official or employee of ihe DOLE agency concerned, or other 
government agencies involved in the implementation of this Act, or their 
relatives within the fourth civil degree of consanguinily 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. 35. Venue. A criminal action arising from illegal recrui.tment 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. 36. Mandafory Period For Filing of lllegul Recruifment 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 establish,ed, the corresponding information shall be 
filed in court wilhin 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 informalion shall be filed by 
the proper prosecution officer wilhin forty-eight (48) hours from the dal~e 
of receipt of the record of the case. 
SEC. 37. Prescriptive Periods. Illegal recruitment cases under this Act 
shall prescribe in five (5) 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. 
SE%. 38. Free legal Assistance; Preferenfial Enfiffemenf Under $he 
Witness ProtecHon Program. A mechanism for free legal assistance for 
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victims of illegal recruitment shall be made available by the perfinent 
agencies of the governmenl. Such mechanism shall include coordination 
and cooperation among the DOLE, DOJ, the IBP, and other non- 
government organizations and volunteer groups. 
Notwiihstanding Ihe 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 Ihe government, shall be entitled to the 
Witness Projection Program provided thereunder. 
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Agreement. The employer shall provide for a 
writfen agreement, which shall be drawn up with the seafarer concerning 
ship york. The agreement shall contain the following: 
a) The capacity in which the seafarer is to serve; 
b) The arrangement made as to the place of discharge and notice 
to terminate the ogreement: 
c) Provisions on rest periods; 
d) The wage agreed upon, its method of computation and manner 
of payment. In no case shall the parties agree to wages lower 
than the basic minimum wage prescribe by appropriate 
government agencies at the time of engagement; and 
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SEC. 40. Allofment and ~
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seafarers to remit a portion of their earning to their families, dependents, 
and / or beneficiaries in accordance with rules and regulations prescribed 
by the Secretwy of DOLE. 
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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 bv law. 
SEG. 42. 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 fo nof less than 10 hours. 
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SEC. 43. Sliore Leave. The seafarer shall be allowed shore leave 
when prqcticable, upon the consent of the master of deputy, taking into 
consideration the operation and safety of the vessel and the seafarer. 
SEC. 44. Short ~
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and Save 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. 45. Iyersoncr/ Effeets. A seafarer may bring a reasonable 
number of articles for personal use: Provided, however, lhat 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. 46. ~ o ~ $ i ~ ~ r a ~ i o n  
of S~aw~~~hine$$. 
When more than half of 
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rew makes a written complaint to the master regarding the 
seaw 3 rthiriess 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 the voyage. 
CHAPTER X. 
HEALTH AND SAFETY 
Sec 47. Prearerifisn of bleaRh Hazards. Work on board the vessel must 
be organized and executive 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 48. Sanitary Condifians. Measures should be underiaken .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 
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required by ihe circumstances or the laws of the courilry of which the 
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SEG. ti9. Medical ~
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Service. A seafarer 
engaged to perforrn 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 io a medical examination, at the expense of the ship owner, 
should the master have reason to believe that such exarnination is 
necessary to monitor and maintain the health and envir-onmen.tal 
condiiions on board the vessel. 
Ses 5Q. Protecfiion from Sexual Harassment. It shall be the duty of 
the master and ihe employer to prevent the commission of acts 
constituting sexual harassment and to provide measures for ihe resolution, 
settlement or prosecuiion of acts of sexual harassment. 
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 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. 
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AND BIS BlLlTY BENEFITS 
SEC. 51. Disabi\ify. 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 seufarer shall be compensated in accordance with the 
schedule of the benefits prescribed b y  the law. Computation of his/her 
benefits arising from an illness or disease shall be governed by ihe rates 
and the rules of compensation applicable at the lime the illness or disease 
wus 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 atiributable to the 
seafarer. 
When requested, .the employer shall furnish the seafarer a copy of 
all pertinent medical t-eports or records at no cost to ihe seafarer. 
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SEC. 52. Employer's Liabilify in Case of Deafti. When the seafarer 
dies as a result of injury or illness during the term of employment, the 
employer shall pay the beneficiaryhes 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 fur burial, return or repalria,iion of the remains. If the deaih 
occurs in a foreign ierritory, 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, ihe 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 nianning 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. 53. Death Benefifs. 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 ihe Filipino seafarer. In connection thereto, the employer can 
prove that such death is directly attributable to the seafarer. 
\ 
SEC. 54. 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. 55. Review of Benefik. The POEA shall, upon consultation, with 
ihe seafarer's unions and associations of munning agencies and shipping 
companies, undertake a regular 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. 
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SEC. 56. Seafarer's Loon 
Guamniee Fond. The 
OWWA, in 
coordination wiih government financial institutions, shall institute financing 
schemes that will expand the grant of pre-departure loan and family 
assistance loan lo seafarers in accordance with Section 21 of RA No. 8042. 
! 
SEC. 57. k;ourh and Provident ~ ~ n ~ ~ i ~ s .  
Seafarers shall be provided 
access to the gover-nment’s lhousing program through membership in the 
Home Developmeni Mutual Fund (Pag-ibig Fund). 
SEC. 58. Care of the Sick or I~i&”clsd. 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 atkention. 
The sick or injured seafarer shall conlinue to receive his wages 
during the time he is under contract. 
If the work-related injury or illness requires medical and / or dental 
treatmeni 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 
renatriated. 
SEC. 59. Care for ~
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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 disabiliiy has been 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. 
CHAPTER XII. 
SEC. 60. Duties sf the Employer / Master. 
a TO faithfully comply with the stipulated terms and conditions of 
the employrnenl contract, particularly the prompt payment of 
wages, remittance of allotment and the expeditious setllemenf 
of valid claims of the seafarer: 
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b To make operatiorial on board the vessel the grievance 
machinery provided in this contract and ensure its free access at 
all times by the seafarer: AND 
c To ensure the protection and safety of seafarers at all times 
SEC. 61. Dofks ~f the ~
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a To faithfully comply with and observe the terms and conditions of 
his con.tract, violations of which shall be subject to disciplinary 
sanctioix 
b To treat the ship and the cargo with proper care 0u.t his duties as 
a whole with due responsibility; 
c To 
cornply wiih company rules, regulations and policies 
consistent with the rules and regulaiions 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. 62. 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 
raping to be chosen by the concerned seafarer, one (1) represeniative 
party to be agreed on by ihe concerned seafarer and shipmaster. 
from P he officer level to be chosen by the Master, and one ( 1 )  neuiral 
The Grievance liesolutioii 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. 
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SEC. 63. Grievance Machinery. (a) If the seafarer considered himself 
aggrieved, he shall make his cornplaint in accordance with the following 
procedures: 
1. The seafarer shall approach +he head of the Department in 
which he is assigned to explain his grievance; 
2. The seafarer shall stale 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 shall seek to resolve the complaint or 
grievance and, where solution is not possible a1 his level refer the 
complaint or grievance to ihe Master; 
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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 (1 5) 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) When availed by the seafarer, the grievance procedure and all 
actions or decisions agreed upon shall be properly documented for 
the proteclion and interest of both parties. Speedy resolution of 
cases shall be given utmost priority. 
SEC. 44. Qkpufe Sefffernenf.. The procedure herein stated shall be 
without prejudice to the other action ihat 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. 65. Volunfary A r ~ i ~ r ~ ~ i ~ n .  
Pursuant to the constitutional 
man ate on the preferenlial use of voluntary modes of dispute 
voluntary arbitration proceedings involving the maritime sector, and 
settle 7 n  ent, the DOLE shall adopt procedural guidelines in the conduct of 
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promote the use of voluntary arbitration as a mode to achieve speedy 
resolution of cases. 
SEC. 64. ~1~~~~ 
Claims. Nolwithstariding any provision of law to 
contrary, the Labor Arbi,ters of the NLRC shall have the original and 
exclusive jurisdic.lion to hear and decide, within ninety (90) calendar days 
after filing of the complaint, the claims arising out of an employer- 
employee relafionship or by virtue of any law o'r contract involving a 
Filipino seafarer, including claims for ac.tual, moral, exemplary and other 
forms of damages. 
The liability of ihe 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 pbrtners as .the case may be, shall thernselves 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 con.tract was entered into. Any compromise, amicable 
settlement or voluntary agreement on money claims iriclusive 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 (1 2%) per annum, plus his/her salaries for lhe unexpired 
portion of his/her employment contract or for three (3) months for every 
year of the unexpired term, whichever is less. 
SEC 67. Liability for Claims. The liability of the principa( / employer 
and the manning agency for any claims made by a Filipino seafarer 
under this Title shall be joint and several. 
SEC. 48. Prescriptive Periad. 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 t h e  action commenced. 
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SEC. 69. Terminofion of ~
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The employment of the 
overseas seafarer shall cease when he / she: 
a) Completes his/her period of contraciual service aboard the vessel, 
signs off .from the vessel and arrives at the point 0.f hire: 
b) Arrives at the point of hire for any of the following reasons: 
i. Voluntarily resigns for just cause and signs off prior to 
expiration of contract; 
ii. Signs-off and disembarks for health reasons; 
iii. Signs-off due to shipwreck, lay-up of vessel, change of 
vessel or discontinuance of voyage; AND 
iv. Is discharge for just cause. 
SEC. 76. Termination by the Seafarer. a) A seafarer may terminate 
the employer-employee relationship based on eilher: 
i) The ship is not seaworihy; 
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 disconiinued 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 immirient or has increased 
considerably; and 
After ihe seafarer starts on board, it appears that a 
violent epidemic disease has broken out in the port for which 
the !;hip is bound; 
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viii) 
b) In cases mentioned in paragraph (a), subparagraph (vi)-(viii) hereof, 
the seafarer may take his/her departure with immediate effect if 
the voyage has not commence, or otherwise at the ship's first port 
of call after he has become aware of the situation. 
SEC. 71. Prohibition against Transfer of SFfafiion. A Filipino seafarer 
shall not be irarisferred 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 reporied by the manning or crewing 
agency to the POEA. 
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SEC. 72. ~
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tfenefifs. Whenever applicable, in 
addition to the benefits a seafarer may be entitled to under the OWWA 
and the SSS, a retiring seafarer covered by collective bargaining 
agreemen.! shall be enti.iled to such post-employment benefik as may be 
provided in his / 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 narne of the contributing sea.farer. 
SEC. 73. ~ ~ ~ ~ ~ ~ r j a ~ j ~ f l .  
All costs related to the repatriation and / or 
transport of the personal effects of a seafarer shall be borne 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 principaVemployer or manning/crewing 
agency shall noi in any manner be responsible for the repatriation of the 
former and/or his/her personal effects. 
BEC. 74. ~ a f l ~ a f o ~  
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of ffndera e Seafarers. Upon 
discovery or information of a Filipino seafarer whose actual age falls 
below eighteen (18) yeat-s 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 relevanl 
information. 
SEC. 75. Emergency ~ @ ~ ~ ~ ~ i a ~ j o n .  
The DOLE, in coordination with the 
OWWA and the UFA, shall undertake lhe 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. 
SEC. 76. 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 
promulgaied therein. 


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SEC. 77. ~
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and ~
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Returning or unemployed 
seafarers may wail 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 meel the needs of returning or unemployed seafarers. 'The purticipalion 
of .the maritime industry, in particular, port and shipping industry, and 
rnaritime educational ins,tilutions shall be likewise solicited by the DOLE in 
devising the appropriate retraining and local job placement programs for 
unemployed seafarers. 
SEC. 78. ~
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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 
reintegralion into the Philippine sociefy, 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: 
Develop livelihood programs and project for returning seafarers in 
coordination with ihe private sector and concerned government 
agencies; 
Coordinate with appropriate private government agencies in the 
promolion, 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- 
integrutiori of migrant workers; 
Develop a matching program that will allow returning Filipino 
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seafarers to develop business partnerships and' employment options 
with public and private sector enierprises in lhe country: and 
Provide a periodic study of the assessment of job opportunities for 
returning seafarers. 
SEC. 79. ~
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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. 
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The DOLE, in coordination with the CHED, shall establish a similar 
program for domestic seafarers within a period of three (3) years from the 
enactmenl of this Act. 
$EC. 130. A ~ ~ ~ ~ f l f a ~ i l i ~ ~  
of ~ ~ v e ~ f l ~ i ~ n ~  
~ ~ i ~ i u l ~  
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 wilh forfeiture 
of retirement and other benefits. 
CHAPTER XVII. 
T ~ A N ~ I T ~ ~ Y  
PROVISIONS 
SEC. 8'1. ~ ~ ~ f e r n e n ~ i ~ ~  
Rules and Re ulafions. The DOLE, in 
coordination with the DFA and other agencies concerned and within 
ninely (90) days after the effectivity of this Act, shall formulate its rules and 
regulations. 
SEC. 82. ~
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Clause. If any provision of this Act is declared 
unconstitutional, the remaining provisions shall be continue in force. 
SEC. 83. 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 rnodified 
accordingly. 
SEC. 84. Effecfivjify Clause. This Act shall take effect fifteen (1 5) days 
after its publication in the O.fficial Gazette or in at least two (2) 
newsbapers of general circulation, whichever comes first. 
Approved, 
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