SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. . 1861 
~£'I1IIh: 
u'9Ht:r Ilf t~lll,~rn1'htr\! 
"13 
OCT 16 
1\11 :09 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
EXPLANATORY NOTE 
The contribution of the Shipping Industry and Seafarers is 
estranged from the knowledge of the majority, worldwide. This is 
the sad reality that envelopes the industry which supports world 
trade and economy to an extent greater than commonly perceived. 
The International Maritime Organization (IMO) recognizes 
that the shipping industry has a good story to tell about how it is 
able to safely, securely, efficiently carry more than 90 percent of 
world trade within countries, and in and out of countries, from the 
bottom to the top of the world, making goods from one area 
available for the everyday survival arid life of individuals in 
another. Trade, whether it be interisland, international, or 
intercontinental, would simply not be possible without shipping 
and the seamen and sea women that make this trade all the more 
possible. 
The real picture of the Shipping and Seafaring tndustry of 
the Philippines shows that the country has an estimated pool of 
seafarers of about 700,000. This, according to the latest available 
statistics 
(2011) 
by 
the 
Philippine 
Overseas 
Employment 
Administration (POEA). Less than 400,000 of which are deployed 
on ships of Philippine registry and about 369,104 are deployed on 
ships of foreign registry. 
Overseas Filipino Seafarers (OFS) constitute 30% of the 
world merchant marine fleet, contributing almost 5 billion US 
dollars of foreign exchange earnings. ~based on Bangko Sentral ng 
Pilipinas (BSP) statistics through inward dollar remittances used 
for the retail spending by their families, tuition fees paid to local 
schools for their children, domestic expenditures made for 
training, medical examinations, travel, communications, and other 
ancillary services. These have all gone towards the support of our 
local economy. In January 2013, BSP declared that the 
remittances of Overseas Filipino Workers (OFWs) showed positive 
development with the increase in remittances from both sea-based 
1 


and land-based workers by 6.05 p.ercent and 5.42 percent, 
respectively. 
Through the decades, the Philippine maritime industry has 
been a self-policing industry following best practices as prescribed 
by international organizations/ authorities such as the United 
Nations (UN), the International Labor Organization (ILO), and the 
International Maritime Organization (IMO), to name a few, and 
abiding by international maritime regulations and conventions to 
sustain its competence. It is high time that presence of said 
industry and its distinct nature be properly recognized in the 
Philippine laws. 
This Bill seeks to recognize and uphold th'e rights of Filipino 
seafarers, institute mechanisms for the enforcement and protection 
thereof, and provide for compulsory benefits to alleviate their 
condition in life. 
For the promotion of Filipino seafarers' welfare, this Bill also 
provides for regulation on conditions of employment, recruitment 
and placement of Overseas Filipino Seafarers. For the above 
purpose, this bill also seeks to provide requirements for Filipino 
seafarers' health protection, meditcil care, welfare and social 
protection, 
accommodation, 
recreational facilities, 
food 
and 
catering. 
Also, this Bill also seeks to strengthen legal assistance, 
dispute resolution and voluntary arbitration for seafarers and their 
families. Most importantly, this Bill defines and penalizes illegal 
recruitment and other prohibited acts to protect Filipino seafarers 
from abuses. 
This Bill also intends to recognize the unique and peculiar 
policies, regulations, and international conventions that govern the 
maritime industry which makes it necessary to provide separate 
legislation for seafarers instead of being part of Republic Act No. 
8042, otherwise known as the "Migrant Workers and Overseas 
Filipinos Act of 1995," as amended, which is primarily for land-
based OFWs. 
This act is also intended to implement the standards set by 
the Maritime Labor Convention of 2006 which was ratified by the 
Philippine Senate last August 2013. The Philippines was the 30th 
state to ratify the Maritime Labor Convention, thus meeting the 
requirement for the Convention' to come into force. Upon the 
effectivity of the Maritime Labor Convention, the Philippines is 
obliged to follow through with domestic legislation that would meet 
the global labor standards protected by the Maritime Labor 
Convention. 
, 
In addition to the above, this Bill recognizes the contribution 
of manning agencies to the national economy ana enabling them to 
2 


----------
benefit from incentives enjoyed .by other income-generating 
industries in the Philippines. 
The enactment of a Magna Carta of Filpino Seafarers is 
necessary for. the State to be able to provide adequate protection 
and recognition to the contribution of seafarers to our society. 
Approval of this Bill is earnestly sought . • 
JOSEPH VICTOR G. 
EJERCITO 
. . 
3 


SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 
:SCUll t f' 
(OffHf uf t~e ~}rn rbr~ 
'13 
OCT 16 All :09 
1861 
• 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS 
Chapter 1 
General Provisions 
. . 
Section 1. Short Title. - This Act shall be known as the "Magna 
Carta of Filipino Seafarers." 
Section 2. Coverage. - This Act shall cover all Filipino seafarers 
working on a coastal or ocean -going ship under the Philippine registry or 
those working on ships under a foreign registry. -
Section 3. Applicability. - All rights and benefits granted under this 
Act shall, except as may otherwise be provided herein, apply to Filipino 
seafarers as defined herein. All rights, privileges and benefits previously 
enjoyed by Filipino seafarers before the effectivity of this Act, including but 
not limited to, those set forth in Republic Act No. 8042, otherwise known as 
the "Migrant Workers and Overseas Filipinos Act of 1995," as amended, 
shall continue to be recognized and shall not be diminished after the 
effectivity of this Act. 
Section 4. Declaration of Policies. - It is hereby declared the policy 
of the State: 
a) 
To recognize the rights, contributions and unique role of 
Filipino seafarers as maritime . professionals, as well as their 
vulnerabilities, and afford them full protection before, during and after 
their employment; 
b) 
To maintain and progressively develop a pool of competent 
and world-class domestic and international seafarers for all officer 
ranks and ratings, as well as service personnel' on 'special types of 
vessels, through a system of education, training, accreditation and 
licensing; 
4 


c) 
To establish mechanisms for the enhancement of 
administrative, adjudicative, social as well as welfare services for them 
and their families; 
d) 
To enact laws that ratify, adopt, and implement the 
standards set by international conventions and agreements on safety, 
working conditions, and working hours, among others for seafarers 
particularly the Maritime Labor Convention of 2006; 
e) 
To recognize manning and recruitment entities and 
organized labor as vital partners in promoting the skill and 
competence of Filipino seafarers and protecting their rights prior to, 
and post employment by offering these manning, recruitment and 
organized labor entities fiscal and tax incentives. 
f) 
To allow the deployment of Filipino seafarers as overseas 
workers on vessels navigating the foreign seas or to installations 
located offshore or on the high seas whose owners or employers are 
compliant with international laws' and standards that protect the 
rights of migrant workers, and also compliant with the minimum 
standard employment contract as well as rules and regulations on 
sea-based workers prescribed by the Philippine Overseas Employment 
Administration (POEA). 
Toward these ends, the State shall endeavor to improve the Filipino 
seafarers' working conditions, terms of employment, career prospects and 
provide them opportunities to harness their potentials to the fullest as well 
as promote and provide incentives to the sea-based manning industry. The 
State shall further work to uplift the socio-economic well-being of the 
Filipino seafarers' families. 
Section 5. Definition of Terms. -
(a) 
"Authority" refers to the document issued by the 
Department of Labor and Employment (DOLE) authorizing any person 
or entity to engage in the recruitment and placement of seafarers as 
OFWs; 
(b) 
"Coastal vessef' shall refer to any Philippine flag vessel 
licensed to carry passengers or cargo, or both, between two ports in 
the Philippines; 
(c) 
"Coastal trade" shall refer to trade engaged in by a coastal 
vessel in internal waters, archipelagic waters or the territorial seas of 
the Philippines; 
(d) 
"Departure" refers to the actual departure from the point 
of hire of a Filipino seafarer through air, sea or land travel transport 
to join his vessel in a Philippine or foreign port; 
5 


(e) 
"Domestic Seafarers" refer to seafarers employed on board 
a ship or vessel plying internal waters, archipelagic waters or the 
territorial waters of the Philippines; 
(t) 
"Foreign Registry" shall refer to the official public register 
of vessels of a country other than the Philippines; 
(g) 
"International 
Maritime 
Convention" 
or 
"International 
Convention" may be used interchangeably, shall refer to any written 
treaty or agreement, or any protocol or amendment thereto, affecting 
the maritime industry which has come into force and effect; 
(h) 
"License' refers to the ,document issued by the DOLE 
authorizing any person or entity to operate a manning agency; 
(i) 
"Manning Agency" 
refers to any person, company, 
institution, licensed to engage in recruitment and deployment of 
overseas Filipino seafarers on board ships of foreign registry on behalf 
of its foreign principals; 
(j) 
"Maritime Industry" refers to all stakeholders engaged in 
the business of owning, managing, chartering and/ or operating 
coastal or ocean-going ship(s) of Philippine or foreign registry, 
manning of ships, management of ports, cargo handling services, ship 
brokering and chartering,. ship-building and ship repair, providing 
maritime services such as ship supplies and provisions, maritime 
education and training, shipping agency, and other similar activities; 
(k) 
"Master" refers to a seafarer who is licensed and 
authorized to command and/or navigate a ship by law or regulation 
and appointed as representative of the ship owner; 
(1) 
"Maritime Industry Labor Arbitration Councir' or "MILAC' 
may be used interchangeably and shall refer to the agency created 
under chapter 11 of this act, 
(m) 
"Officers" refer to seafarers who are licensed by law or 
regulation to serve in such capacity, such as Master Mariner, Chief 
Officer, 2nd Officer, and 3rd Officer for the Deck department and Chief 
Engineer, 2nd Engineer, 3rd Engineer, and 4th Engineer for the Engine 
department; 
. 
, 
(n) 
"Overseas Filipino Worker (OFW)" or "Migrant Worker" may 
be used interchangeably and shall refer to a person who is to be 
engaged, is engaged or has been engaged in a remunerated activity in 
a state of which he or she is not a citizen or on board a vessel 
navigating in international trade other than a government ship used 
for military or non-commercial purposes or on an installation located 
offshore or on the high seas; 
. , 
6 


(0) 
"Philippine Nationaf' shall refer to any individual who is a 
citizen of the Philippines, or a commercial partnership or corporation 
organized under the laws of the Philippines, at least 60% of the capital 
of which is owned by citizens of the Philippines; 
(p) 
"Philippine Pore' refers to any Philippine airport or 
seaport; 
(q) 
"Philippine Seafarers' One Stop Processing Center (PSOC!, 
refers to the facility center which houses all relevant offices or 
agencies involved in providing services to seafarers under one roof, 
created by Administrative Order No. 56, issued on January 24,2003; 
(r) 
"Philippine 
Shipping 
Companies" 
refer 
to 
entities 
registered and licensed under the laws of the Philippines to engage in 
the business of overseas and/ or domestic water transportation; 
(s) 
"Philippine Waters" shall refer to the internal waters, 
archipelagic waters, territorial sea and exclusive economic zone of the 
Philippines, as defined by law and as recognized by international 
conventions; 
(t) 
"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; 
(u) 
"Principal" or "employer" may be used interchangeably 
and shall refer to any person, partnership or corporation hiring 
overseas Filipino seafarers to work?f1 board ocean-going ships; 
(v) 
"Rating" refers to any member of the crew other than the 
Officers as defined herein; 
(w) 
"Recruitment and Placement' refers to any act of 
canvassing, enlisting, contracting, transporting, utilizing, hiring or 
procuring workers, a!).d includes referrals,. cOJ;1tact services, promising 
or advertising employment, locally or abroad, whether for profit or not: 
Provided, that any person or entity, which in any manner, offers or 
promises employment for a fee to two (2) or more persons shall be 
deemed engaged in recruitment and placement. 
(x) 
"Recruitment' and placement agency" 
refers to any 
individual who is a citizen of the Philippines, or a partnership wholly 
owned by citizens of the Philippines, or a corporation at least seventy-
five percent (75%) of the capital of which is owned by citizens of the 
Philippines who is engaged in the recruitment of seafarers for 
placement or employment on board Philippine-registered vessels or 
foreign registered vessels; 
7 


(y) 
"Philippine Registry" shall refer to the official public 
register which shall hold the record of all vessels and its 
encumbrances registered under Philippine laws; 
(z) 
"Seafarer" refers to any person who fulfils the conditions 
to be employed or engaged as part of the ship's crew or complement of 
a coastal or ocean-going ship other than a government ship used for 
military or non-commercial purposes. This term includes persons 
serving on mobile offshore units who perform functions similar to 
those constituting a ship's crew or cruise ship personnel; 
(aa) 
"Overseas Filipino Seafarer (OFS)" refers to a seafarer as 
defined above, who fulfils the conditions for or engaged as part of the 
crew or complement of an ocean-going ship of Philippine or foreign 
registry. 
(bb) 
"Ocean-going ship" shall refer to any Philippine or foreign-
registered ship which is authorized to carry passengers or cargo, or 
both, in trade between a Philippine port and a foreign port, or between 
two foreign ports; 
(cc) 
"Ship owner' refers to 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 under this Act; 
(dd) 
"Vesser' or "Ship" may be used interchangeably and shall 
refer to any boat, craft or artificial contrivance capable of floating in 
water, designed to be used, or capable of being used, as a means of 
water transport for the carriage of passengers or cargo, or both, 
utilizing its own motive power or that of another, and shall include a 
ship under construction and mobile offshore units; 
(ee) 
"Department of Foreign Affairs (DFA!, refers to the 
government agency created pursuant to RepubHc Act No. 7157; 
(ft) 
"Department of Health (DOH!, refers to the government 
agency created under Executive Order No. 94, with over-all technical 
authority on health as it is a national health policy-maker and 
regulatory institution; 
(gg) 
"Department of Labor and Employment (DOLE!' refers to 
the government agency created pursuant to Executive Order No. 292; 
(hh) 
"1LO" refers to the International Labor Organization; 
(ii) 
"1MO' refers to the International Maritime Organization; 
8 


(jj) 
"Maritime Industry Authority" (MARINA) refers to the 
government agency created pursuant ~o Presidential Decree No. 474; 
(kk) 
"Overseas Workers Welfare Administration (OWWAl' refers 
to the government agency created pursuant to Executive Order No. 
126; 
(11) 
"Philippine Overseas Employment Administration (POEAl' 
refers to the government agency created pursuant to Executive Order 
No. 797, as amended by Executive Order No. 247; 
(mm) "STew '78" refers to the International Convention on 
Standards of Training, Certification and Watch-keeping for Seafarers 
of 1978, as amended: 
. 
. 
(nn) 
"Technical Education and Skills Development Authority 
(TESDAl' refers to the government agency created pursuant to 
Republic Act No. 7796; 
Chapter 2 
Filipino Seafarer's Rights 
Section 6. Right to Just Terms a;nd Conditions of Work. -
Seafarers shall have the right to: 
(a) a safe and secure workplace that complies with safety standards; 
(b) decent working and living conditions on board ship; 
(c) medical care, welfare measures and other forms of health and social 
protection; 
(d) fair terms and conditions of employment including salary 
commensurate to their rank, hours of work, and other relevant basis 
for wage computation, minimum number of working hours, rest 
period consistent with Philippine laws or international maritime 
conventions, when applicable. 
Section 7. Right to Self-organization, to engage in Collective 
Bargaining and to participate in democratic exercises. - Seafarers shall 
enjoy their right to self-organization, to collective bargaining and to 
participate in the deliberation of issues and in the formulation of policies 
that affect them, including the guarantee of representation in governing 
boards or appointment in government instrumentalities. 
Section 8. Right to Educational Advancement and Training at 
Reasonable and Affordable Costs. - The $tate shall ensure that Filipino 
seafarers, employed in coastal or' ocean-going ships, have access to 
educational advancement and training at reasonable and affordable costs. 
Toward this end, the State shall: 
9 


(a) 
Regulate the operation of all educational, training,· and 
review institutions offering Courses related to seafaring; and 
(b) 
Pursue grant programs such as scholarships, subsidies, 
loan assistance and other measures that will harness the skills of 
Filipino seafarers toward greater competitiveness to new demands in 
the industry. 
Section 9. Right to Relevant Information. ~ The State shall ensure 
that manning agencies shall provide Filipino seafarers with adequate and 
relevant information to make them understand their rights, benefits, 
obligations, conditions and realities attendant to their profession, their 
duties, responsibilities and obligations under the POEA-approved contract. 
Toward this end, manning agencies, and other organizations 
responsible for the recruitment and placement of Filipino seafarers, whether 
employed on coastal or ocean-going ships shall be mandated to provide 
seafarers information on the computation and payment of salaries and 
specific privileges and benefits available in their contract of employment. 
The State shall provide seafarers access to an efficient, adequate and 
accountable system for finding employment on board ship without charge to 
the seafarer. 
Section 10. Right to Humane Conditions of Work and Right to 
Just Compensation. - The State shall protect the Filipino seafarers' rights 
to: 
(a) 
Humane conditions of work; 
(b) 
A safe and secure workplace that complies with safety 
standards; 
(c) 
Decent working and living conditions on board ship, 
(d) 
Medical care, welfare measures and other forms of health 
and social protection, 
(e) 
Fair terms and conditions of employment including salary 
commensurate to their rank, hour,s ,of work, and other relevant basis 
for wage computation, minimum number of working hours, rest 
period consistent with Philippine laws or international maritime 
conventions, when applicable, 
Section 11. Right to Legal Representation. - Filipino seafarers who 
are victims of illegal recruitment and prohibited acts as defined in this Act, 
shall have the right to free. legal assistance and protection at ·government's ' 
expense. Courts, administrative agencies, and other tribunals should ensure 
a speedy and impartial disposition of their cases. 
10 


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 
judicial or administrative body, and right to speedy disposition of cases. 
Section 
12. 
Right to Consultation on Matters Affecting 
Seafarers. -
Seafarers' organizations or unions as well as concerned 
maritime industry representatives shall be adequately consulted by the 
State before adopting any policy, law, executive issuance, rule or regulation 
that may directly or indirectly affect them and/,or their families and 
beneficiaries. 
Chapter 3 
Duties of the Seafarer 
Section 13. Filipino Seafarers shal} !'ave the following duties: 
a. 
To comply with and observe the terms and conditions of 
his employment contract; 
b. 
To abide by the Code of Discipline as provided for in the 
POEA rules and regulations governing OFS; 
c. 
To be obedient to the lawful commands of the Master or 
any person who shall lawfully succeed him and to comply with the 
ship owner's or principal's policy on safety and operational procedures 
and instructions given in connection therewith; 
d. 
To be diligent"in his duties relating to the ship, its stores 
and cargo, whether on board, in boats or ashore; 
e. 
To conduct himself at all times m an orderly and 
respectful 
manner 
towards 
shipmates, 
passengers, 
shippers, 
stevedores, port authorities, and other persons who have official 
business with the ship; 
f. 
To take personal responsibility for his health at all times 
by practicing a healthy lifestyle which includes taking medications 
and lifestyle changes as prescribed by the company-designated 
practitioner. 
Chapter 4 
Manning Requirements for Philippine-Registered Ships 
Section 14. Citizenship of Crew. - Every rpember of the crew of a 
coastal or ocean-going ship for which a certificate of Philippine registry or a 
11 


· . 
certificate of vessel registry and ownership has been issued shall be a citizen 
of the Philippines .. 
An exemption from this requirement may be obtained from the 
relevant agency upon written application from the· ship owner or operator 
and proof that no Philippine citizen is qualified for the position or is willing 
to serve on board the ship. This exemption shall not be granted to ships 
engaged purely in coastal trade. 
Chapter 5 
Minimum Requirements for Seafarers to Work on a Ship 
Section 15. Minimum Age. - No person below eighteen (18) years old 
shall be employed, engaged, or shall be otherwise allowed to work on board 
a coastal or ocean-going ship. 
Section 16. Education. -
A Filipino seafarer must have at least 
successfully completed the required academic requirements. for a maritime 
degree provided for in the curriculum· approved by the Commission on 
Higher Education, or must have completed the basic training courses for the 
position applied for as required by TESDA for ratings. The implementing 
rules and regulations of this Act shall set the educational and/or training 
requirements for each classification of seafarers. 
Section 17. Training. -'A Filipino seafarer must at l~ast undergo and 
successfully complete the required basic training proper to his position as 
set forth under the STCW Convention, as amended, and under the ILO 
Conventions which have come into force. 
Where in-service training and assessment of competence for the 
Filipino seafarer is required for purposes of certification under the STCW 
Convention, the person conducting the same either on board or ashore must 
meet the qualifications prescribed under the requirements of the STCW 
Convention. 
Section 
18. 
Medical Certificates. -
As a 
requirement for 
employment and periodically thereafter as may be determined by the 
Department of Health (DOH), every seafarer shall be required to hold a valid 
medical certificate attesting that he is medically fit to perform the duties 
that he will be required to carry out at sea. 
Section 19. Required Medical Tests and Certificates. -The' 
Department of Health shall determine and prescribe the nature of the 
medical examination that shall be required of a seafarer after consultation 
with the ship owners' and seafarers' organizations concerned in order to 
ensure that such examination will genuinely determine the seafarer's state 
of health, considering the duties that the seafarer shall be required to 
perform on board. 
12 


The DOH shall likewise prescribe the contents of the medical 
certificate to ensure that such certification will genuinely reflect the 
seafarer's state of health. 
In determining the tenor and substance of the medical certificate, the 
DOH shall take into account the requirements for medical certificates 
prescribed by government agencies for similar professions or international 
maritime conventions, when applicable. 
Seotion 20. Issuance of Medical Certificates. -
The medical 
certificate shall be issued by a duly qualified medical clinic or practitioner 
recognized and accredited by the DOH as meeting the standards to conduct 
medical examinations on seafarers in accordance with the guidelines of the 
World Health Organization (WHO). 
• . 
The medical clinic or practitioner must enjoy full professional 
independence in exercising their medical judgment in undertaking the 
medical examination procedures. 
In cases where the cost of medical examinations for seafarers is 
shouldered by the ship owner or manning agency, the right to designate the 
DOH-accredited medical clinic or practitioner that will conduct the medical 
examination and thereafter issue a medical certificate, shall belong to the 
ship owner or manning agency. 
Section 21. Medical Second Opinions. - Any seafarer who has been 
refused the issuance of a medical certificate or who has been issued a 
medical certificate but which states a limitation on his ability to work, or 
any limitation with respect to time of work, or number of hours of work, or 
trading area, shall be given the opportunity to seek further medical 
examination by another duly qualified' medical clinic or practitioner 
accredited by DOH at the option of the ship owner or manning agency; 
Provided that, the cost of such medical examination shall be shouldered by 
the seafarer. 
Section 22. Contents of the Medical Certificate . ...: Each medical 
certificate shall state that: 
a) 
The hearing, and eyesight of the seafarer are satisfactory; 
b) 
For seafarers who shall be employed in capacities where 
fitness for the work to be performed will be affected by a defective 
color vision, that the seafarer's color vision is satisfactory; 
c) 
The seafarer concerned is not suffering from any medical 
condition likely to be aggravated by service at sea or to render the 
seafarer unfit for such service or to endanger the health of other 
persons on board; and 
. . 
13 


d) 
The seafarer has passed other standard medical tests as 
mandated by the DOH or as required by the ship owner or manning 
agency. 
Section 23. Period of Validity of Medical Certificates. - Unless a 
shorter period is required by reason of specific duties to be performed by the 
seafarer, or there are specific requirements imposed by the international 
maritime convention: 
A medical certificate shall be valid for a maximum period of two (2) 
years while the seafarer is on board, provided; that the ship owner or the 
manning agency may require the seafarer to undergo and pass a medical 
examination as a requirement for every new employment contract. 
A certification of color vision shall be valid for a maximum period of 
six (6) years. 
Section 24. Urgent Cases. - In urgent cases, a seafarer may be 
permitted to work without a valid medical certificate until the next port of 
call where the seafarer can obtain a medical certi,ficate from a qualified 
medical practitioner designated by the ship owner or its representatives, 
provided that: 
a) 
The period of such permission does not exceed three (3) 
months; and 
b) 
The seafarer concerned is m possession of a recently 
expired medical certificate. 
Section 25. Expiration of Medical Certificate While on Board. - If 
the period of validity of the medical certificate expires in the course of a 
voyage, the certificate shall continue in force until the next port of call where 
the seafarer can obtain a medical certificate from a qualified medical 
practitioner, provided that the period of extension shall not exceed three 
months. 
Section 26. Language of Medical Certificates. -
All medical 
certificates issued to seafarers intending to work on ships engaged in 
international voyages shall be written in the English language. 
Section 27. Seafarer'S Competency. - No seafarer shall be allowed 
to work on a ship unless he is properly trained and certified as competent or 
otherwise qualified to perform his duties on board in accordance with the 
standards of the STeW or other international maritime convention(s) 
providing for seafarer's training, qualification, competency or certification. 
14 


Section 28. Training for Personal Safety. - No seafarer shall be 
permitted to work on a ship unless he is able to demonstrate that he has 
successfully completed the training for personal safety on board ship. 
Chapter 6 
Recruitment and Placement of Overseas Filipino Seafarers (OFS) 
Section 29. Private Sector Participation in the Recruitment and 
Placement of OFS. - Pursuant to the above-mentioned state policies 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 i~ the recruitment 
and placement of overseas Filipino seafarers. 
Provided, that such 
recruitment and placement procedures are consistent with the provisions 
stipulated under this Act and such other guidelines, rules and regulations 
as may be promulgated by the DOLE and other concerned government 
agencies. 
Section 30. Qualifications of Manning Agencies. - The DOLE shall 
determine the qualifications of persons, partnerships or corporations which 
shall be permitted to engage in the business of recruitment and placement 
of OFS including, among others: 
a) 
Minimum capitalization and other proof of financial 
capacity; and 
b) 
Qualification of officers. 
Provided that, no manning agency shall be licensed to operate unless 
it is owned by Filipino citizens, or by partnerships wholly owned by Filipino 
citizens, or by corporations at least seventy-five percent (75%) of the 
authorized and voting capital stock of which is owned and controlled by 
Filipino citizens and no foreign national shall be allowed to,head or manage 
a manning agency. 
Section 31. Fees Charged to the Seafaref'. 
- No fees or other 
charges for recruitment or for providing employment to seafarers shall be 
borne directly or indirectly, in whole or in part, by the seafarer. However, 
the costs for obtaining national statutory certificates, medical examination 
and certificates, national seafarer's book, passport and other personal travel 
documents, not including the cost of visas, shall not be deemed to be 
included in the phrase "fees or other charges for recruitment," the costs for 
which shall be borne by the seafarer. The cost of visas shall be borne by the 
ship owner. 
. . 
In the case where the manning agency or employer or principal pays 
for the cost of the medical examination, such manning agency, or employer 
15 


or principal shall have the right to nominate the medical clinic duly qualified 
and accredited by DOH wherein the seafarer shall undertake his medical 
examination. 
Section 32. Prohibition on Officials and Employees. - It shall be 
unlawful for any official or employee of the DOLE, POEA, OWWA, DFA, or 
other government agencies involved in the implementation of this Act, or 
their relatives within the fourth civil degree of consanguinity or affinity, to 
engage, directly or indirectly, in the business of recruitment and placement 
of OFS as defined in this Act. 
Section 33. Protection of Seafarer'S Interests. - The POEA shall 
control the deployment of OFS and ensure that deployment shall only be to 
ships of flag States which, implement the standard\> imposed by 
international maritime conventions protecting the rights of seafarers. 
If 
national interest warrants or public interest requires, the POEA Governing 
Board, after consultation with the Department of Foreign Affairs may, at any 
time, terminate or impose a ban on the deployment of OFS to ships of 
particular flag States or trading in particular areas. 
Section 34. Duties of Manning Agencies. - All manning agencies 
shall: 
a. 
Maintain a register of all seafarers recruited or placed 
through them, giving due regard to' the right to privacy of the seafarer, 
which register shall be made available for inspection by the relevant 
agency, and shall include the following information: 
'1. 
The seafarer's qualifications; 
2. 
His record of employment; 
3. 
His personal data relevant to employment; 
4. 
His medical data relevant to employment. 
b. 
Ensure that all seafarers recruited or placed by them are 
qualified and hold valid and up-to-date training certificates, medical 
certificates and other applicable certificates and as well as seafarer's 
identity documents and other documents necessary for the job 
concerned; 
c. 
Maintain an up-to-date list of ships for which recruitment 
and placement services are provided and to which seafarers are 
deployed and ensure that there is in place a means by which to 
contact the ship at all hours; 
d. 
Ensure that contracts of employment covering seafarers 
recruited or placed by them are in accordance with applicable laws 
and regulations; 
16 


e. 
Ensure that seafarers are informed, prior to engagement 
or during the process of engagement, of their rights and duties under 
their contracts of employment, any particular conditions applicable to 
the job for which they will be engaged, and any specific policies of the 
ship owner relating to their employment; 
f. 
Ensure that proper and adequate arrangements are made 
for seafarers to examine their contracts of employment before and 
after they are signed and they are given a copy of the contract before 
they are deployed; 
g. 
Provide for procedures to ensure that, in the process of 
recruitment and placement, seafarers are not subject to any form of 
exploitation by any of its personnel; 
h. 
Inform the seafarer of the costs which the he or she will 
be expected to bear in the recruitment and placement process; 
i. 
Examine and respond to 'any complaint received from any 
seafarer they have deployed and advise the competent authority of any 
unresolved complaint; 
j. 
Provide for adequate procedures to address requests for 
information or advise from seafarers' families while the seafarer is at 
sea and that these are dealt with promptly, sympathetically and 
adequately; 
k.. 
Verify that working and living conditions on board are in 
conformity with the employment contract or the applicable collective 
bargaining agreement in place; 
. 
, 
L 
Investigate any reasonable complaint raised by the 
seafarers and forward the findings to the relevant agency; 
m. 
Ensure that the ships to which it deploys seafarers 
provide financial security such as protection and indemnity or other 
insurance cover to ensure compensation for ship owner's liabilities 
arising out of the operations of the vessel like loss of life, injury or 
illness of seafarers, among others; . , 
n. 
Establish a system of protection, by way of insurance or 
an equivalent appropriate measure, to compensate seafarers for 
monetary loss that they may incur as a result of the failure of a 
recruitment and placement service or the relevant ship owner under 
the seafarers' employment agreement to meet its obligations to them. 
o. 
Ensure that arrangements are made by the employer for-
the monthly remittance of at least eighty percent of the basic wages of 
17 


the seafarer to designated allottees which remittance shall be 
arranged through the banking system or other similar channels; 
p. 
Ensure that appropriate arrangements are in place for the 
repatriation of any seafarer who has been abandoned by his employer. 
Section 35. Illegal Recruitment. - For purposes of this Act, illegal 
recruitment shall mean any act of canvassing, enlisting, contracting, 
transporting, utilizing, hiring, :or procuring seafarers or other sea-based 
workers and includes referring, contract services, promising or advertising 
for employment on board ships or on offshore units, whether for profit or 
not, when undertaken by a non-licensee or non-holder of authority 
contemplated under Article 13(f) of Presidential Decree No. 442, 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 on a ship or on offshore units to two or more 
persons shall be deemed so engaged. 
It shall likewise include the following acts committed by a person who 
is a non-licensee or non-holder of authority: 
(a) 
To charge, collect, or accept from a seafarer, whether 
directly or indirectly any amount in exchange for a promise or offer of 
employment or resulting in actual employment on a ship; 
(b) 
To grant or extend a loan, advance or other forbearance 
of money to a seafarer in order to finance the cost of deployment or in 
exchange for a promise or offer of employment on a ship regardless of 
whether or not the same actually results in employment on a ship; 
(c) 
To furnish or publish any notice or information or 
document in relation to recruitment or employment or work on a ship; 
(d) 
To induce or attempt to induce a seafarer already 
employed to quit his employment in order to offer or promise him 
other employment on board a ship; . 
(e) 
To influence or attempt to influence any person or entity 
not to employ any seafarer who has not applied for employment 
through him; 
(f) 
To represent himself as acting on behalf or as. being 
authorized to act on behalf of a licensed manning agency without 
having been authorized for the purpose; 
(g) 
To substitute or alter to the prejudice of the seafarer, 
employment contracts approved and verified by the Department of 
Labor and Employment from the time of actu<l-l signing thereof by the 
parties up to and including the period of the expiration of the same 
without the approval of the DOLE; 
18 


· . 
(h) 
To withhold papers, certificates or deny travel documents 
from any seafarer for monetary or financial consideration 
(i) 
For any travel agency to engage in the recruitment, 
placement or deployment of seafarers. 
Illegal recruitment is deemed committed by a syndicate if carried out 
by a group of three (3) or more persons conspiring or confederating with one 
another. It is deemed committed in large scale if committed against three (3) 
or more persons individually or as a group. 
Illegal recruitment when 
committed by a syndicate or in large scale shall be considered an offense 
involving economic sabotage. 
Section 36. Prohibited Acts Committed by Licensee or Holder of 
Authority -It shall be unlawful for any person or entity who is a licensee or 
holder of authority to commit the following acts: 
(A) 
To charge or accept directly or indirectly any amount 
greater than that specified in the schedule of allowable fees prescribed 
by the dole, or to make a seafarer payor acknowledge any amount 
greater than that actually received by him as a loan or advance; 
(B) 
To furnish at publish any false notke ot' information or 
document in relation to recruitment or employment; 
, 
(C) 
To give any false notice, testimony, information or 
document or commit any act of misrepresentation for the purpose of 
securing a license or authority under the labor code; 
(D) 
To engage a seafarer for non-existent work; 
(E) 
To engage a seafarer to work with a principal which is not 
registered with the POEA; 
(F) 
To induce or attempt to induce a seafarer already 
employed to quit his employment unless such act is designed to 
liberate a 
seafarer from oppressive terms and conditions of 
employment; 
(G) 
To influence or attempt to influence any person or entity 
not to employ any seafarer who has not applied' for employment 
through his agency or who has formed, joined or supported, or has 
contacted Dr is supported by any union or workers' organization; 
(H) 
To engage in the recruitment or placement of seafarers in 
jobs harmful to public health or morality or to the dignity of the 
Republic of the Philippines; 
19 


(I) 
To fail to submit reports on the status of employment, 
placement vacancies, remittance of foreign exchange earnings, 
separation from jobs, departures and such, othyr matters or 
information as may be required by the DOLE; 
(J) 
To alter to the prejudice of the seafarer, employment 
contracts approved and verified by the dole from the time of actual 
signing thereof by the parties up to and including the period of the 
expiration of the same without the approval of the DOLE; 
(K) 
For an officer or agent of a recruitment or placement 
agency to become an officer or member of the board of any corporation 
engaged in the business of a travel agency or to be engaged directly or 
indirectly in the management of a travel agency; 
(L) 
To withhold or deny travel documents from applicant 
seafarers before departure for monetary or financial considerations, or 
for any other reasons, other than those authorized under the labor 
code and its implementing rules and regulations; 
(M) 
To fail to actually deploy a contracted 'seafarer without 
valid reason as determined by the Department of Labor and 
Employment; 
(N) 
To fail to reimburse expenses incurred by the seafarer in 
connection with his documentation and processing for purposes of 
deployment, in cases where the deployment does not actually take 
place without the seafarer's fault; 
(0) 
To allow a non-Filipinq citizen to head or manage a 
manning agency, 
(P) 
To grant a loan to a seafarer with interest exceeding eight 
percent (8%) per annum, which will be used for payment of placement 
fees and make the seafarer issue, either personally, or through a 
guarantor or accommodation partY, postdated checks in relation to 
the said loan, 
(Q) 
To impose a compulsory and exclusive arrangement 
whereby a seafarer is required to avail of a loan only from specifically 
designated institutions, entities or persons; 
(R) 
For a suspended manning agency to engage in any kind 
of recruitment and placement activity including the processing of 
pending workers' applications; 
Section 37. Penalties for illegal recruitment under Section 35 and 
prohibited acts under Section 36 -
. , 
20 


A. 
Penalties for illegal recruitment under Section 35: 
1. 
Any person found guilty of illegal recruitment shall 
suffer the penalty of imprisonment of not less than six (6) years 
and one (1) day but not more than twelve (12) years and a fine 
not less than one million pesos (PI, 000,000.00) nor more than 
two million pesos (P2,000,000.00). 
2. 
The penalty of life imprisonment and a fine not less 
than one million pesos (P1,000,000.00) nor more than two 
million pesos (P2,000,000.00) shall be imposed if illegal 
recruitment constitutes economic sabotage as defined herein. 
Provided, however, that the maximum penalty shall be imposed if the 
person illegally recruited is less than eighteen (18) years of age. 
Provided, further, that if the offender is an alien, he or she, in addition 
to the penalties herein prescribed, shall be deported without further 
proceedings. 
Provided, finally, that the filing of an offense punishable under this Act 
shall be without prejudice to the filing of cases punishable under other 
existing laws, rules or regulations. 
B. 
Penalties for prohibited acts under Section 36: 
The POEA shall impose by regulation the requisite penalty for the 
commission of any of the foregoing administrative offenses listed in Section 
36. Such penalty shall be limited to a fine of not more than two million 
(P2,000,000.00) provided that the fine' actually imposed shall take into 
consideration the gravity of the offense, the prejudice caused to the seafarer 
and the need to prevent the future commission of the same or a similar act; 
Section 38. Investigation of Complaints. -
The POEA shall 
investigate and take appropriate· action on -any complaint received. 
concerning the recruitment and placement activities of manning agencies 
and any violations of the law or of regulations they may commit. 
Section 39. Prescriptive Periods. - Illegal recruitment cases under 
this Act shall prescribe in five (5) years: Provided, however, that illegal 
recruitment cases involving economic sabotage as defined herein shall 
prescribe in ten (10) years. Cases involving prohibited acts shall prescribe 
in one (1) year. 
Chapter 7 
Conditions of Employment 
21 


Section 40. Seafarer's Employment Agreement. - Every seafarer 
engaged to work on board a ship on contract shall be covered by a seafarer's 
employment agreement signed by the seafarer and the ship owner or a 
representative of the ship owner. 
Every seafarer who signs a seafarer's employment agreement shall be 
informed of his rights and duties under; his contract of employment, any 
particular conditions applicable to the job for which he will be engaged, and 
any specific policies of the ship owner relating to his employment. 
The ship owner and the seafarer shall each be provided a signed 
original copy of the contract of employment. 
At the end of his contract and JlPon disembarkation, a seafarer shall 
be given a record of his employment on board the ship specifying the length 
of service, the position the seafarer occupied, and such other information 
that will facilitate the seafarer's future employment acquisition of further 
work or satisfy sea service requirements for upgrading or promotion. 
Section 41. Standard Employment Contract (SEC). - For OFS to be 
deployed on ocean-going ships under Philippine and foreign registry, the 
POEA, after consultation with the Seafarers sector, the Employer and 
Manning sector, shall determine, formulate and establish the minimum 
terms and conditions which shall be contained in a standard employment 
contract for seafarers in accordance with accepted international standards 
and maritime practice. A standard employment contract shall be prepared 
for each group or category of seafarers and shall be reviewed periodically to 
keep them attuned to international requirements and demands. 
A duly 
executed standard employment contract approved by the r:elevant agency 
shall be the minimum requirement for deployment of a seafarer. 
Section 42. Minimum Terms and Conditions. - The mmlmum 
standard terms and conditions of the standard employment contract shall 
include: 
a. 
Seafarer's full name, date of birth Flnd birthplace; 
b. 
Ship owner's name and address; 
c. 
Place where and date when the seafarer's employment 
agreement is entered into; 
d. 
Capacity in which the seafarer is to be employed; 
e. 
Amount of the seafarer's wages or the formula for 
calculating the same; 
f. 
Date of termination of the agreement or any conditions for 
the pre-termination of such agreement, including: 
22 


g. 
If the agreement has been made for an indefinite period, 
the conditions entitling either party to terminate it, as well as the 
required notice period, which shall not be less for the ship owner than 
for the seafarer; 
h. 
If the agreement has been made for a definite period, the 
date fixed for its expiry or the conditions entitling the seafarer to an 
early termination of the contract including compassionate grounds or 
other urgent reasons; 
i. 
If the agreement has been made for a voyage, the port of 
destination and the time which has to expire after arrival before the 
seafarer should be discharged; 
j. 
Health and social security protection benefits to be 
provided to the seafarer by the ship O\yner; 
k. 
Seafarer's entitlement to repatriation; and 
1. 
Reference to any collective bargaining agreement. 
Section 43. Freedom to Stipulate. -
Parties to the individual 
employment contract are allowed to stipulate and mutually agree on other 
terms and conditions exceeding the minimum standards, provided that the 
additional provisions are mutually beneficial to both parties and are not 
contrary to law, public policy and morals. 
Section 44. Information on Conditions of Employ';"ent on Board. 
- Every ship owner shall be required to ensure tnat information on the 
general conditions of employment can be easily obtained on board by all 
seafarers working on the ship. 
A copy of the seafarer's employment agreement showing the general 
conditions of employment shall be made available on board and accessible 
to representatives of the competent authority of the ports to be visited by the 
ship. 
If a collective bargaining agreerrteht forms part of the seafarer's 
employment agreement, a copy of that agreement shall likewise be made 
available on board and accessible to representatives of the competent 
authority of the ports to be visited by the ship. 
Section 45. Payment of Wages. - All seafarers working on board 
ships on contract shall be promptly paid their wages, not later than the end 
of each calendar month covering services rendered for that mon'th. 
For this purpose, every seafarer shall be given a monthly account of 
all payments due and the amounts to be paid, including basic wages, 
overtime pay, leave pay, allowances, and other additional remuneration, any 
23 


allowed deductions, and where applicable; the foreign exchange rate used if 
work is on board an ocean-going ship and payment is made in a currency 
other than Philippine pesos. 
Section 46. Remittance of Wages. - Every ship owner shall ensure 
that arrangements are made for the monthly remittance of at least eighty 
percent of the basic wages of: the seafarer to designated 'allottees which 
remittance shall be arranged through any authorized Philippine bank. 
Provided that, for ships licensed to engage in coastal trade only the 
rules found in Book Three, "Conditions of Employment," Title II, "Wages," 
Chapter I, "Preliminary Matters," Chapter II, "Minimum Wage Rates," 
Chapter III, "Payment of Wages," Chapter IV "Prohibitions Regarding Wages," 
Chapter V, "Wage Studies, Wage Agreements, and Wage Determination," and 
Chapter VI, "Administration and Enforcement" of the "Labor Code of the 
Philippines," Presidential Decree No. 442 as amended, shall continue to 
apply and shall be considered as substantially complying with international 
standards. 
Section 47. Hours of Work. - It is hereby established that normal 
working hours for seafarers shall be based on an eight-hour day with one 
day of rest per week and rest on public holidays. 
Section 48. Measures to Address Fatigue. - To address the effects 
of fatigue of a seafarer which can be detrimental to the safety of the ship and 
the safety of other persons on board, especially where the seafarer is 
engaged in duties involving navigational safety and the safe and secure 
operation of the ship, the following limits on hours of work are hereby 
established: 
a. 
Maximum hours of work shall not exceed: 
1. 14 hours in any 24-hour period; and 
2. 72 hours in any seven-day period. 
Or 
b. 
Minimum hours of.rest shall not be less than: 
1. 10 hours in any 24-hour period; and 
2. 77 hours in any seven-day period. 
Hours of rest may be divided into no more than two periods, one of 
which shall be at least six (6) hours in length, and the interval between 
consecutive periods of rest shall not exceed 14 hours. 
Provided, that, for ships licensed to engage in coastal trade only the rules 
found in Book Three, "Conditions of Employment," Title I, "Working 
24 


Conditions and Rest Periods," Chapter I, "Hours of Work," Chapter II, 
"Weekly Rest Periods," and Chapter III, "Holidays, Service Incentive Leaves 
and Service Charges" of the "Labor Code of the Philippines," Presidential 
Decree No. 442 as amended, shall continue to apply and shall be considered 
as substantially complying with international standards. 
Section 49. Entitlement to Leave. - Seafarers engaged to work on 
seagoing vessels shall be entitled to a minimum of two-and-a-half (2 Vo) 
calendar days per month of actual employment as annual leave with pay. 
The annual leave with pay shall be computed using as basis the basic wage 
of the seafarer. The DOLE may provide by regulations the limitations or 
exclusions that may be imposed when determining total entitlement for 
leave with pay. 
Section 50. Exclusions from Annual Leave. - The following shall be 
excluded from the computation of annual leave: 
a. 
Public and customary holidays of the Philippines whether 
or not they fall during the annual leave with pay; 
b. 
Periods of incapacity for work resulting: 
1. 
From illness or injury; or 
2. 
From maternity provided such maternity leave shall 
be computed in accordance with the provisions Republic Act No. 
1161 as amended by Republic Act No. 7322; or 
3. 
From paternity provided such paternity leave shall 
be computed in accordance with Republic Act. No. 8187; 
c. 
Temporary shore leave granted to a seafarer while 
employed on board; 
d. 
Compensatory leave of any kind. 
Section 51.. Recall from Leave. - A seafarer taking an annual leave 
should be recalled only in cases of extreme emergency and only with his 
consent. 
Section 52. Seafarers Working on Domestic Vessels. -
For 
seafarers working on vessels licensed to engage in coastal trade, only the 
rules found in Book Three, Chapter III, "Holidays, Service Incentive Leaves 
and Service Charges" of the "Labor Code of the Philippines," Presidential 
Decree No. 442 as amended, shatl continue to apply and shall be considered 
as substantially complying with international standards, taking into account 
the special needs of the seafarer, the conditions of work and the nature of 
the voyages in coastal trade, and the practice in the domestic labor market. 
Any adjustment to the service incentive leaves granted to workers covered by 
.. 
25 


the labor code of the Philippines shall equally apply to seafal'ers working on 
vessels licensed to engage in coastal trade. 
Section 53. Compensation in Case of Ship's Loss or Foundering. 
- A seafarer shall be entitled to the payment of indemnity for unemployment 
in case of foundering or loss of the ship he is working on. The indemnity 
shall be paid for the days during which the seafarer actually remains 
unemployed and shall be paid at an amount equivalent to the seafarer's 
basic wages as stipulated in the employment agreement. 
The maximum 
amount recoverable by a seafarer under this section shall be limited to an 
amount equivalent to one month's basic ",:,~ges. 
Chapter 8 
Repatriation 
Section 54. Repatriation at the Cost of the Ship Owner.-
Seafarers have a right to be repatriated at the cost of the ship owner in these 
circumstances, without prejudice to the right of the ship owner to recover 
the cost of repatriation under third-party contractual arrangements: 
(a) If the seafarers' employment agreement expires while they are 
aboard, upon the expiry of the period of notice given in accordance 
with the provisions of the s·eafarers' employment agreement; 
(b) When the seafarers' employment agreement is terminated: 
(i) 
by the ship owner without cause; or 
(ii) by the seafarer for justified reasons, such as those stated 
under paragraph (c) of this Section; and also 
(c) When the seafarers are no longer able to carry out their duties 
under their employment agreement or cannot be expected to carry 
them out in the specific circumstances, such as the following: 
(i) 
In the event of illness or injury or other medical condition 
which requires their repatriation when found medically fit 
to travel; 
(ii) In the event of shipwreck; 
(iii) In the event of the ship owner not being able to continue 
to fulfill their legal or contractUal obligations as an 
employer of the seafarers by reason of insolvency, sale of 
ship, change of ship's registration or any other similar 
reason; 
(iv) In the event of a ship being bound for a war zone, as 
defined by national laws or regulations or seafarers' 
employment agreements, to which the seafarer does not 
consent to go; and 
(v) In the event of termination or interruption of employment 
in accordance with 'an industrial award or collective 
26 


agreement, or termination of employment for any other 
similar reason .. 
Section 55. Costs of Repatriation Borne by Ship Owner.--
The 
costs to be borne by the ship owner for repatriation should include at least 
the following: 
(a) Passage to the destination selected by the seafarer for 
repatriation, which should include the countries with which 
seafarers 
may deemed 
to 
have 
substantial connection, 
including: 
(i) the place at which the seafarer agreed to enter into the 
engagement; 
(ii) the place stipulated by collective agreement; 
(iii) the seafarer's country of residence; or 
(iv) such other place as may be mutually agree~ at the time of 
engagement. 
. 
(b) Accommodation and food from the moment the seafarers leave 
the ship until they reach the repatriation destination; 
(c) Pay and allowances from the moment the seafarers leave the 
ship until they reach the repatriation destination, if provided for 
by national laws or regulations or collective agreements; 
(d) Transportation of 30 kg of the seafarers' personal luggage to the 
repatriation destination; and, . 
(e) 
Medical treatment when necessary until the seafarers are 
medically fit to travel to the repatriation destination. 
Section 56. Recovery of Repatriation Cost. - It shall be unlawful for 
a ship owner to require a seafarer to make an advance payment towards the 
cost of his repatriation at the beginning of his employment or from 
recovering the cost of repatriation from the seafarer's wages or other 
entitlements. The cost of repatriation may be recovered from the seafarer's 
wages if repatriation is made in accordance with the next succeeding 
section. 
Section 57. Repatriation at the Cost of the Seafarer. - Any 
seafarer engaged on an ocean-going ship shall bear his own cost for 
repatriation in the following cases: 
a. 
If the seafarer is discharged for just cause; 
b. 
If the seafarer requests for an early termination of his 
contract. 
27 


Section 58. Mandatory Repatriation of Underage Seafarers.--
Upon discovery or information of a Filipino seafarer whose actual age falls 
below eighteen (18) years of age, the nearest Philippine consulate office 
shall, without delay, repatriate the said seafarer and advise the DFA and 
DOLE as soon as possible of such discovery and other relevant information . 
. . 
Section 59. Prescriptive Periods for Claiming Repatriation.--The 
entitlement to repatriation shall lapse it the seafarers concerned do not 
claim it within one month from the occurrence of the cause for repatriation 
or as agreed upon in the collective bargaining agreements. 
Section 60. 
Medical Repatriation. - The MARINA shall provide 
guidelines covering procedures for the medical repatriation of Filipino 
seafarers on board ocean-going ships under the Philippine registry who fall 
ill or are injured in a foreign port or for foreign seafarers who fall ill or are 
injured in any port in the Philippines. 
Section 61. Repatriation, of Remains. - The MARINA shall provide 
guidelines covering procedures for the repatriation of the remains of Filipino 
seafarers on board ocean-going ships under the Philippine registry who die 
at sea and whose remains are not otherwise disposed of in accordance with 
procedures for the burial at sea. 
Section 62. Emergency Repatriation.-- The DOLE, in coordination 
with the OWWA and the DFA, shall undertake the repatriation of seafarers 
in cases of war, epidemics, abandonment of ships by ship owners, disasters 
or calamities, natural or man-made, and other similar events without 
prejudice to reimbursement by the ,responsible ship ,owner or manning 
crewing agency. 
Section 63. Repatriation in Case of Coastal Vessels. -
The 
provisions on repatriation shall also apply to seafarers working on coastal 
vessels. 
Chapter 9 
Manning Levels 
Section 64. Manning Levels. - The MARINA shall determine the 
minimum manning levels for ships belonging to the Philippine registry. 
Every ship shall be manned by crew that is adequate in terms of size and 
qualifications taking into account the need to operate the vessel safely, 
efficiently and with due regard to security. 
Section 65. Crew Competence. - Every member of the crew of a 
Philippine flag vessel shall possess the appropriate certificate of competency 
setting forth his competence to serve in the capacity and perform the 
functions involved at the level of responsibility, for the position held, for the 
type, tonnage, power, means of propulsion, and trading patterns of the ship 
concerned. 
28 


The certificate of competency shall attest to the fact that the seafarer 
to whom it is issued meets the requirements for service, age, medical fitness 
training, qualification, and examinations for the position held. 
Section 66. Registry of Seafarers. - The POEA for OFS on ocean-
going ships of foreign registry and MARINA for coastal and ocean-going 
ships under Philippine registry shall maintain a registry of all seafarers in 
the Philippines. The registry shall contain the following information: 
a. 
The name of the seafarer; 
b. 
Qualifications; 
c. 
Record of employment; 
d. 
Education and training; 
e. 
Current certificates; 
f. 
Occupational category; 
. . 
Such other relevant information shall be included in the registry that 
will allow the relevant agency to promote employment opportunities for 
seafarers whether on board or ashore, or allow for further training and 
education to support skills development and competencies of seafarers in 
order to secure or improve employment opportunities. 
Chapter 10 
Compulsory Benefits for OFS 
Section 67. Compulsory Benefits for OFS. - In addition to the 
performance bond to be filed by the manning agency, the POEA shall ensure 
that the ships to which OFS are deployed are provided financial security or 
protection and indemnity cover or other insurance cover to answer for 
incidents arising from work related death, illness or injury to the OFS: 
a. 
Accidental death, with at least fifteen thousand United 
States dollars (US$15,000.00) survivor's benefit payable to the OFS' 
beneficiaries; 
b. 
Natural death, with at least Ten thousand United States 
dollars (US$10,000.00) survivor's benefit payable to the OFS' 
beneficiaries; 
c. 
Permanent total disablement, with at least seven 
thousand five hundred United States dollars (US$7,500.00) disability 
benefit payable to the OFS. The following disabilities shall be deemed 
permanent: total, complete loss of sight of both eyes; loss of two (2) 
limbs at or above the ankles or wrists; permanent complete paralysis 
29 


of two (2) limbs; brain injury resulting to incurable imbecility or 
insanity; 
d. 
Repatriation cost of the OFS when his employment is 
terminated without any valid cause, including the transport of his or 
her personal belongings. In case of death, the coverage provider shall 
arrange and pay for the repatriation or return of the OFS' remains. 
The coverage provider shall also render any assistance necessary in 
the transport including, but not limited to, locating a local licensed 
funeral home, mortuary or direct disposition facility to prepare the 
body for transport, completing all documentation, obtaining legal 
clearances, procuring consular services, providing necessary casket or 
air transport container, as 'well as transporting the remains including 
retrieval from site of death and delivery to the receiving funeral home; 
e. 
Subsistence allowance benefit, with at least One hundred 
United States dollars (US$100.00) pet; month for a maximum of six (6) 
months for an OFS who is involved in a case or litigation for the 
protection of his rights in the receiving country provided that this 
benefit shall not apply if the case or litigation arises from the willful 
misconduct, or criminal act, or intentional breach of the OFS; 
f. 
Compassionate visit. When an OFS is hospitalized and 
has been confined for at least seven (7) consecutive days, he shall be 
entitled to a compassionate visit by one (1) family member or a 
requested individual. The coverage provider shall pay for the 
transportation cost of the family member or requested individual to 
the major airport closest;to the place of hospitalization of the OFS. It 
is, however, the responsibility of the family member or requested 
individual to meet all visa and travel document requirements and all 
costs for board and lodging at the place of hospitalization; 
g. 
Medical evacuation. When an adequate medical facility is 
not available proximate to the OFS as determined by the coverage 
provider's physician and/or a consulting physician, evacuation under 
appropriate medical supervision by the mode of transport necessary 
shall be undertaken by the coverage provider; and 
h. 
Medical repatriation.' 'When medically necessary as 
determined by the attending physician, repatriation under medical 
supervision to the OFS' residence shall be undertaken by the coverage 
provider at such time that the OFS is medically cleared for travel by 
commercia!" carrier. If the period to receive medical clearance to travel 
exceeds fourteen (14) days from the date of discharge from the 
hospital, an alternative appropriate mode of transportation, such as 
air ambulance, may' be arranged. Medical and non-medical escorts' 
may be provided when necessary. 
30 


The manning agency's submission of Certificate of Cover (coq as per 
prescribed form to the POEA shall be sufficient compliance with the 
requirements under this section. 
The foregoing benefits shall not apply when the death, injury or illness 
occasioned to the seafarer arises from his willful misconduct, act, or 
omission, or criminal act, or any act of negligence, or intentional breach of 
duties, or intentional concealment of any pre-existing illness, infirmity or 
medical condition. 
The foregoing benefits shall represent the minimum cover required 
and shall apply to all seafarers unless the seafarer's contract of employment 
provides for other coverage. 
Chapter 11 
Accommodation, Recreational Facilities, Food and Catering 
Section 68. Application. - The requirements of this Chapter for crew 
accommodation and crew recreational facilities covering ships under the 
Philippine Registry shall be applicable to the following: 
a. 
All ocean-going ships and coastal ships constructed on or 
after the date when the Maritime Labor Convention of 2006 comes 
into force; 
b. 
All ships constructed prior to the entry into force of the 
Maritime Labor Convention of 2006, as the case may be, which 
undertake major or substantial structural alterations after the entry 
into force of the Convention unless provided exemption by the 
MARINA. 
Section 69. Accommodation Facilities. - Every ship owner shall 
provide safe, decent and adequate accommodations for seafarers on ships 
under the Philippine Registry taking into account the need to protect the 
health and safety of seafarers working or livil1g on board. For this purpose, 
MARINA shall ensure that the following requirements in respect of crew 
accommodations are properly implemented: 
a. 
Size of the rooms and other accommodation spaces; 
b. 
Heating and ventilation; 
c. 
Noise and vibration and other ambient factors; 
d. 
Sanitary facilities; 
e. 
Lighting; and 
31 


f. 
Hospital accommodations. 
Provided that, for coastal vessels, sleeping rooms shall be provided 
when the vessel is engaged in service: 
a. 
Exceeding fourteen (14) hours in any 24-hour period for 
any single voyage; 
b. 
Part of the voyage is undertaken between the hours of 
10;00 p. m. and 6:00 a. m.; and 
c. 
Sleeping rooms are required for non-watch keepers. 
Section 70. General requirements for Accommodation Facilities. 
- The MARINA shall provide by regulation the description and technical 
requirements for crew accommodations on ships under Philippines Registry 
taking into account: 
a. 
The 
requirements 
of international 
conventions 
in 
reference to all ships; 
b. 
The size, type, tonnage, power, mean's of'propulsion and 
trading patterns of the particular ship in reference to coastal ships 
where exception may be properly be provided. 
Section 71. Requirements for Mess Rooms. - Mess rooms shall be 
provided to all crew, whether common or separate. The MARINA shall 
provide by regulation the description and technical requirements for mess 
rooms taking into account: 
a. 
The 
requirements 
of 
international 
conventions 
in 
reference to all ships; 
.. 
b. 
The size, type, tonnage, power, means of propulsion and 
trading patterns of the particular ship in reference to coastal ships. 
Provided that, when determining the adequacy of space for mess 
rooms for coastal ships, the size of the mess room shall be determined in 
relation to the size of the· ship so that the mess room· shall be able to -
accommodate the greatest number of seafarers at anyone time. 
Section 72. Requirements for Sanitation. - The MARINA shall 
ensure that all seafarers working on ships belonging to the Philippine 
registry shall have access to sanitation facilities meeting the minimum 
standards for health and hygiene. The sanitation facilities shall be located 
at convenient places, allowing for easy access to work stations. Separate 
facilities shall be provided for male and female crew. 
" 
32 


The MARINA shall provide by regulation the description and technical 
requirements for sanitation facilities taking into account: 
a. 
The 
requirements 
of international 
conventions 
in 
reference to all ships; 
b. 
The size, type, tonnage, power, means of propulsion and 
trading patterns of the particular ship in reference to coastal ships. 
Provided that, when determining the adequacy and location of 
sanitation facilities on coastal ships, the ¥~RINA shall take into account the 
size of the ship. 
Section 73. Hospital Accommodations. -For all ships belonging to 
the Philippine registry carrying fifteen or more seafarers and engaged in a 
voyage of more than three days' duration, the MARINA shall ensure that 
adequate hospital accommodations are provided on board exclusively to 
address medical requirements of crew: provided that, all coastal ships shall 
be exempt from this requirement. 
Section 74. Office Accommodations. - The MARINA shall ensure 
that all ships belonging to the Philippine registry are fitted with adequate 
office accommodations, whether separate or common, for use by personnel 
of the deck and engine departments, except coastal ships where the marina 
shall determine adequate working area requirements suited for the size, 
type, tonnage, power, means of propulsion and trading patterns of the 
coastal ship. 
Section 75. Recreational Facilities. - The MARINA shall ensure 
that recreational facilities, amenities, and services appropriate for seafarers 
shall be provided on board all ships belonging to the Philippine registry. 
Coastal ships shall be exempted from this requirement considering the 
trading patterns and length of voyages. of such ships which allow the crew to 
go home or to have access and make use of comparable facilities on land. 
Section 76. Food and Catering. - The MARINA shall provide by 
regulation the minimum standards required to ensure that all ships 
belonging to the Philippine registry shall carry on board and serve food and 
drinking water of appropriate quality, nutritional value and quantity that 
adequately covers the requirements of the ship and, takes into account the 
following: 
a. 
The differing cultural and religious backgrounds of the 
crew; 
b. 
The number of seafarers on board; 
c. 
The duration and nature of the voyage; 
.. 
33 


In addition, the MARINA shall ensure that all ship owners meet the 
minimum standards imposed by' regulation covering the organization and 
equipment required for the catering department and that all catering staff 
are properly trained and instructed in practical cookery, food and personal 
hygiene, food storage, stock control, environmental protection, catering, 
health, and safety. 
The MARINA may provide for specific exemptions by regulation 
covering ships operating below certain manning levels, taking into account 
the trading pattern of the ship, provided that, any person assigned to 
process food in the gal1ey on those ships shall be trained or instructed in 
areas including food and personal hygiene and handling and storage of food 
on board. 
Chapter 12 
Health Protection, Medical Care, Welfare and Social Security Protection 
Section 77. Medical Care on Board. - When a ship is not required 
to carry a medical doctor on board, the MARINA shall' ensure that: 
a. 
All ships belonging to the Philippine registry which cannot 
ordinarily reach qualified medical care and medical facilities within 
eight hours should have at least one designated seafarer with the 
approved medical first aid training required by international 
conventions or by government regulations which will enable such 
persons to take immediate, effective action in case of accidents or 
illnesses likely to occur on board and to make use of medical advice 
by radio or satellite communication; 'and 
b. 
All other ships in the Registry should have at least one 
designated seafarer with approved training in medical care required by 
international conventions or by government regulations, including 
practical training and training in life-saving, techniques such as 
intravenous therapy, which will enable the persons concerned to 
participate effectively' in coordinated schemes for medical assistance 
to ships at sea, and provide the sick or injured with a satisfactory 
standard of medical care during the period they are likely to remain 
on board. 
Section 78. Recurrency Training. - The medical training required in 
the preceding section shall be undertaken by seafarers at regular intervals 
as may be provided by regulation. These refresher courses shall be taken by 
seafarers to enable them to maintain and improve their knowledge and skills 
and to keep up-to-date with new developments. 
Section 79. Medicine Chest. - The medicine chest and its contents, 
the medical equipment, and the medical guide on board shall be maintained 
and inspected regularly by the relevant agency to ensure that labeling, 
expiry dates, and conditions of storage of all medicines, and the directions 
for their use are checked, and all equipment are functioning properly. 
34 


Section 80. Remote Access to Medical Advice. - The MARINA shall 
ensure that all ships belonging to the Philippine registry shall carry a 
complete and up-to-date list of radio stations through which medical advice 
can be obtained. If satellite communication is available on board, the ship 
should also carry an up-to-date and complete list of coast earth stations 
through which medical advice can be obtained. 
Section 81. Medical Care and Facilities. -
The MARINA shall 
compile and maintain a list of medical doctors and medical care facilities 
available nationwide for emergency medical treatment for seafarers 
Section 82. Social Security 'Coverage for Seafarers and their 
Dependents. - All seafarers and their dependents shall be enrolled for 
coverage with the Social Security System in accordance with the provisions 
of Republic Act No. 1161, otherwise known as the "Social Security Law," as 
amended, and the Philippine Health Insurance Corporation, in accordance 
with Republic Act No. 7875, otherwise known as the "National Health 
Insurance Act of 1995." 
Section 83. Ship owner'sjPrincipal's Liability to Seafarers. - The 
ship owner/principal shall be liable for the following in respect of OFS 
working on ocean-going ships under Philippine or foreign registries: 
a. 
Medical cost in the event of sickness or injury of a 
seafarer arising from employment between the date of engagement 
and the date of repatriation; 
b. 
Compensation in the event of death or long-term disability 
due to an occupational injury, illness or hazard as provided by 
regulation or in the seafarers employment contract, or collective 
bargaining agreement, as the case may be; Provided that the amount 
of compensation shall not be measured or determineq by the number 
of days a seafarer is under treatment or the number of days in which 
sickness allowance is paid under the succeeding paragraph. 
c. 
Expenses for medical care, including medical treatment 
and the supply of the necessary medicines and therapeutic 
appliances, and board and lodging away from home until the sick or 
injured seafarer has recovered, or until the sickness or incapacity has 
been declared of a permanent character by the medical physician 
designated by the concerned ship owner or manning agency. The 
seafarer shall receive sickness allowance from his employer ih an 
amount equivalent to his basic wage computed from the time he 
signed-off until he is declared fit to work or the degree of disability has 
been assessed by the company-designated physician. The period 
within which the seafarer shall be entitled to his sickness allowance 
shall not exceed 120 days. 
35 


d. 
Burial expenses in case of death occurring on board or 
ashore during the period of engagement in accordance with the 
seafarer's standard employment contract or collective bargaining 
agreement. 
e. 
Repatriation of the sick, or injured, or deceased seafarer's 
belongings left on board and for returning it to the seafarer or to his 
next of kin, as the case may be. 
f. 
Wages during the period of illness or incapacity while the 
seafarer remains on board or until he is repatriated. 
Section 84. Exemption from Liability. - The ship owner/principal 
shall not be liable for: 
a. 
Death, sickness or injury which is not work-related; 
b. 
Death, sickness or injury of a seafarer due to his willful or 
criminal act or intentional breach of his duties as provided in this Act. 
c. 
Sickness or infirmity intentionally concealed when the 
engagement is entered into. 
• . 
Section 85. Health and Safety on Board, -
The MARINA, by 
regulation, shall provide for measures to address the following on board 
ships under the Philippine registry: 
a. 
Occupational health and safety, including risk evaluation, 
training and instructions to seafarers; 
b. 
Precautions to prevent occupational accidents, tnJuries 
and diseases on board, including measures to reduce and prevent the 
risk of exposure to harmful levels of ambient factors and chemicals as 
well as risk of injury or, disease that may arise from the use of 
equipment and machinery on board; 
c. 
On board programs for the prevention of occupational 
accidents, injuries, and diseases and for continuous improvement in 
occupational safety and health protection; 
d. 
Processes for inspecting, reporting and correcting unsafe 
conditions and on board occupational accidents. 
In providing for regulation, the MARINA shall take into account 
relevant international instruments dealing with occupational safety and 
health protection, particularly those pertaining to maritime employment, as 
well a national regulation implementing the occupational health and safety 
standards provided in Book Four "Health, Safety and Social Welfare 
Benefits," Title I, "Medical, Dental and Occupational Safety," Chapter II, 
36 
. ' 


• • 
"Occupational Health and Safe1y", of Presidential Decree No. 442, as 
amended, otherwise known as the Labor Code of the Philippines. 
Section 86. Protection to Filipino Seafarers in a Foreign Port. -
The POEA and the manning agency shall provide for guidelines to seafarers 
which will afford them protection while in a foreign port, including measures 
which will facilitate their access to philippine consular officyrs and aJlow for 
effective cooperation between the Philippine consuls and local or national 
authorities of the foreign port where the seafarer is. 
Chapter 13 
Dispute Resolution 
Section 87. The Maritime Industry Labor Arbitration Council. -
The Maritime Industry Labor Arbitration Council (MILAC) is hereby 
established in order to institutionalize the process for dispute resolution for 
all seafarer's claims and aJlow parties to: 
a. 
Move towards full autonomy and self-governance; 
b. 
Secure a fair resolution of disputes from an impartial tribunal 
without unnecessary delay and expense; 
c. 
Have the freedom to agree on how their disputes will be resolved 
, 
without need of any intervention from the regular courts except when 
public interest must be protected. 
Section 88. 
Jurisdiction of the MILAC. -- The MILAC shall 
have original and exclusive jurisdiction over al1 unresolved disputes 
emanating from the grievance machinery involving the interpretation and 
implementation of the government-approved standard employment contract 
or any col1ective bargaining agreement applicable to the parties, including 
any breach, termination or invalidi1y of any terms and conditions of any 
employment contract, or any dispute involving money claims between the 
seafarer and the ship owner or its appointed recruitment and placement 
agency for actual, moral, nominal, temperate, liquidated, or exemplary 
damages. 
Section 89. 
Composition of the MILAC. -- The MILAC shall be 
composed of the following: 
a. 
The executive director of the national conciliation 
and mediation board as government representative, who 
shall be the ex-officio chair; 
37 


b. Two members representing the labor sector; and 
c. 
Two members representing the manning sector 
Section 90. Appointment and Term of Offlce. -- The NCMB 
executive director shall autom~tically be the ex-officio chair, of the council 
while the four members from the sectors shall be designated by the social 
partners through a resolution signed by the authorized representatives. 
The council members shall have a term of three years from the date 
they are designated by their respective sectors. Terms of sect oral 
representatives in the council are fixes and non-extendable. If upon the 
expiration of their terms of office, no replacements have been named or 
appointed, he incumbent representatives shall continue to serve their offices 
until their replacements have been named and appointed. 
Section 91. Functions of the MlLAC.-- The MlLAC shall perform 
following functions and responsibilities: 
a. formulate policies, programs, standards, qualifications and manuals 
of procedures; 
b. promote the use of voluntary arbitration in the maritime industry; 
c. establish, screen, accredit and admit voluntary arbitrators; 
d. initiate and oversee the training of initial and future arbitrators on 
maritime usages and practices and maritime labor laws; 
e. exercise oversight functions over maritime industry labor arbitrators 
and the voluntary arbitration process; 
f. de-list arbitrators from the pool, motp propio or upon complaint and 
after investigation of the cited ground for de-listing; 
g. fix and determine arbitration fees and costs, and assess and collect 
industry contributions and other sources; 
h. submit an audited financial statement at the end of each fiscal year. 
i. appoint secretariat personnel and approve the operational budget 
recommended by the secretariat; 
j. oversee the implementati<?n of plans and programs; 
k. liaise and coordinate with other government agencies regarding 
voluntary arbitration. 
38 
. , 


Section 92. Regular and Special meetings . . - The council shall hold 
regular monthly meetings every last Thursday of the 'month. Special 
meetings may be upon the initiative of the chairman Qr upon the request of 
any council members, Notices of meeting shall be issued by the chairman at 
least one week in advance, except when exigencies require. 
The presence of two members shall constitute a quorum provided that 
the Chairman is present. The affirmative vote of two members shall be 
sufficient to constitute a decision of the council. 
Section 93. Finality of Arbitral Award. -- The arbitral award 
determined by the MILAC shall be binding lipon the parties. It shall be final 
and executory and shall not subject to appeal except in accordance with 
Rule 43 of the Rules of Court which shall be appealable to the Court of 
Appeals. 
Section 94. Liability for Claims.-- The recruitment and placement 
agency shall be subsidiarily able with its principal for any and all liabilities 
that may arise from any claim filed by a seafarer. If the recruitment and 
placement agency is a corporation, the satisfaction of such liability shall 
extend to the assets of the corporation only, 
Section 95. Ship Ownets' Bond . .. Foreign shipown'ers who wish to 
hire Filipino seafarers to work on board their ships shall be required to post 
a bond in such amount as may be determined by the relevant agency in 
order to secure the faithful performance of its obligations under any 
employment contract it may enter into, on its own behalf or through its duly 
appointed recruitment and placement agency, with any seafarer it wishes to 
hire. The posting of the bond shall be a pre-condition to the accreditation of 
its ship with the relevant agency. 
Chapter 14 
Role of Government Agencies 
Section 96. Role of Government Agencies. --
The following 
government agencies shall perform the following functions to promote the 
welfare and protect the rights of Filipino seafarers; 
a. 
Department of Foreign Affairs. 
--
The Department, 
through its home office or foreign posts, shall take priority action' or 
make representations with the foreign authority concerned to protect 
the rights of migrant workers and other overseas Filipinos and extend 
immediate assistance including the repatriation of distressed or 
beleaguered migrant workers and other overseas Filipinos; 
In addition to the above, the DFA shall also provide an exclusive 
lane for the processing and issuance of passports for Filipino 
seafarers, given the schedule followed by the ships which requires an 
efficient and speedy deployment of OFS as delay in their departure 
results to costly and complicated consequences. 
39 


b. 
Department of Labor and Employment -- The Department 
of Labor and Employment shall see to it that labor and social welfare 
laws in the foreign countries are fairly applied to migrant workers and 
whenever applicable, to other overseas Filipinos including the grant of 
legal assistance and the referral to proper medical centers or 
hospitals: 
c. 
Philippine Overseas Employment Administration -- The 
Administration shall regulate private sector participation in' the 
recruitment and overseas placement of land-based workers and OFS 
by setting up a licensing and registration system distinct and 
independent for the land-based sector and the sea-based sector. In 
coordination with the appropriate entities concerned and when 
necessary, the POEA shall also formulate and implement a system for 
promoting and monitoring the overseas employment of Filipino land-
based workers and OFS, taking into consideration their welfare and 
the domestic manpower requirements. It shall be responsible for the 
regulation and management of overseas employment from the pre-
employment stage, securing the best possible employment terms and 
conditions for both sectors of overseas Filipino workers, while taking 
into consideration the needs of vulnerable sectors and the 
peCUliarities of sea-based. and land-based workers. In appropriate 
cases, the Administration shall allow the lifting of suspension of erring 
recruitment/manning agencies upon the payment of fine of Fifty 
thousand pesos (P50,OOO.OO) for every month of suspension. 
In addition to its powers and functions, the Administration shall 
inform land-based OFWs and OFS not only of their rights as workers 
but also of their rights as human beings, instruct and guide the 
workers on how to assert their rights, and provide the available 
mechanisms to redress violation(s) of their rights. In coordination with 
other law-enforcement agencies, the pbEA shall also be responsible 
for the implementation of an intensified program against illegal 
recruitment. For this purpose, the POEA shall provide comprehensive 
Pre-Employment Orientation Seminars (PEOS) that will discuss topics 
such as prevention of illegal recruitment and gender-sensitivity. 
The Administratiori shall not engage in the recruitment and 
placement of overseas workers except on a government-to-government 
arrangement only. 
d. 
Overseas Workers Welfare Administration.-- The Welfare 
officer or in his absence, the coordinating officer, shall provide the 
Filipino migrant worker and his family all the assistance they may 
need in the enforcement of contractual obligations by agencies and/or 
by their principals. In the performance of this function, he shall make 
representations and may call on the agencies or entities concerned to 
conferences or conciliation meetiI1gs for the purpose of settling the 
compliance or problems brought to his attention. The OWWA shall 
40 


likewise formulate and implement welfare programs for overseas 
Filipino workers and their' families while they are abroad and upon 
their return. It shall ensure the awareness by the overseas Filipino 
workers and their families of these programs and other related 
governmental programs. 
In the repatriation of workers to be undertaken by OWWA, the 
latter shall be authorized to pay repatriation-related expenses, such 
as fines or penalties, subject to such guidelines as the OWW A Board 
of Trustees may prescribe. 
e. 
Department of Health. - The Department of Health (DOH) 
shall regulate the activities and operations of all clinics which conduct 
medical, physical, optical, dental, psychological and other similar 
examinations, hereinafter referred to as health examinations, on 
Filipino 
migrant workers as 
requirement 
for 
their 
overseas 
employment. Pursuant to :this, the DOH shall ensure that: 
• 
The fees for the health examinations are regulated, regularly 
monitored and duly published to ensure that the said fees are 
reasonable and not exorbitant; 
The Filipino migrant worker shall only be required to undergo 
health examinations when there is reasonable certainty that he or she 
will be hired and deployed to the jobsite and only those health 
examinations which are absolutely necessary for the type of job 
applied for or those specifically required by the foreign employer shall 
.. 
be conducted; 
No group or groups of medical clinics shall have a monopoly of 
exclusively conducting health examinations on migrant workers for 
certain receiving countries; 
Every Filipino migrant worker shall have the freedom to choQse 
any of the DOH-accredited or DOH-operated clinics that will conduct 
his health examinations and that his or her rights as a patient are 
respected. The decking practice, which requires an overseas Filipino 
worker to go first to an office for registration and then farmed out to a 
medical clinic located elsewhere, shall not be allowed; 
Within a period of three (3) years from the effectivity of this Act, 
all DOH regional and/or provincial hospitals shall establish and 
operate clinics that can be serve the health examination requirements 
of Filipino migrant workers to provide.them easy access to such clinics 
all over the country and lessen their transportation and lodging 
expenses and 
All DOH-accredited medical clinics, including the DOH-operated 
clinics, conducting health examinations for Filipino migrant workers 
shall observe the same standard operating procedures and shall 
41 


comply with internationally-accepted standards in their operations to 
conform to the requirements of receiving countries or of foreign 
employers or principals. 
Any Foreign employer who does not honor the results of valid 
health examinations conducted by <l. bOH-accredited or DOH-operated 
clinic shall be temporarily disqualified from the participating in the 
overseas employment program, pursuant to POEA rules and 
regulations. 
In case an overseas Filipino worker is found to be not medically 
fit upon his immediate arrival in the country of destination, the 
medical clinic that conducted the health' examinations . of such 
overseas Filipino worker shall pay for his or her repatriation back to 
the Philippines and the cost of deployment of such worker. 
Any government official or employee who violates any provision 
of this subsection shall be removed or dismissed from service with 
disqualification to hold any appointive public office for five (5) years. 
Such penalty is without prejudice to any other liability which he or 
she may have incurred under existing laws, rules or regulations. 
f. 
Local Government Units.-- In the fight against illegal 
recruitment, the local government units (LGUs), in partnership with 
the 
POEA, 
other concerned government agencies, 
and non-
government organizations advocating the rights and welfare of 
overseas Filipino workers, shall take, a proactive stance by being 
primarily responsible for the dissemination of information to their 
constituents on all aspects of overseas employment. To carry out this 
task, the following shall be undertaken by the LGUs: 
Provide a venue for the POEA, other concerned government 
agencies and non-govermpent organizations to cOlilduct PEOS to their 
constituents on a regular basis; 
Establish overseas Filipino worker help desk or kiosk in their 
localities with the objective of providing current information to their 
constituents on all the processes aspects of overseas employment. 
Such desk or kiosk shall, as be linked to the database of all concerned 
government agencies, particularly the POEA for its updated lists of 
overseas job orders and licensed recruitment agencies in good 
standing. 
Section 97. Additional Membership to the POE A, OWWA and 
Other Boards. -- Notwithstanding any provision of law to the contrary, the 
respective boards of the POEA and the OWWA shall, in addition to their 
present composition, have four (4) members each who shall come from the 
women, sea-based OFW, land-based OFW, and sea-based private sectors 
respectively, to be selected and nominated openly by the general 
membership of the sector being represented. 
42 


The selection and nomination of the additional members from the 
women, sea-based OFW, land-based OFW, and sea-based private sectors 
shall be governed by the following guidelines: 
A. 
The POEA and the OWWA shall launch a massive 
information campaign on the selection of nominees and provide for a 
system of consultative sessions for 
the 
certified 
leaders or 
representatives of the concerned sectors, at least three (3) times, 
within ninety (90) days before the boards shall be convened, for 
purposes of selection. t!:le process shall be op~n, ?emocratic and 
transparent; 
B. 
Only non-government organizations that protect and 
promote the rights and welfare of overseas Filipino workers, duly 
registered with the appropriate Philippine government agency and in 
good standing as such, and in existence for at least three (3) years 
prior to the nomination shall be qualified to nominate a representative 
for the women, sea-based OFW, and land-based OFW sectors to the 
POEA and OWWA boards; 
C. 
Only manning industry 'associations duly recognized and 
registered with the appropriate Philippine government agency and in 
good standing as such, and in existence for at least three (3) years 
prior to the nomination shall be qualified to nominate a representative 
for the sea-based private sector to the POEA and OWWA boards; 
D. 
The nominee for the women, sea-based OFW and land-
based OFW sectors must be at least twenty-five (25) years of age, able 
to read and write, and a migrant worker at the time of his or her 
nomination or was a migrant worker with at least three (3) years 
experience as such 
E. 
The nominee for the sea-based private sector must be at 
least 30 years of age, able to read and write, and must have at least 
five (5) years experience and involvement in the Philippine manning 
industry. 
F. 
A final list of the nominees selected by the OWWAjPOEA 
governing boards, which shall consist of three (3) names for each 
sector to be represented, shall be submitted to the president and 
published in a newspaper of general circulation; 
Within thirty (30) days from the submission of the list, the president 
shall select and appoint from the list, the representatives to the 
POEAjOWWA governing boards. 
The additional members shall have a term of three (3) years and shall 
be eligible for reappointment f~r another three (3) years .. In ,case of vacancy, 
43 
.. 


· , 
the president shall in accordance with the provisions of this act, appoint a 
replacement who shall serve the unexpired term of his or her predecessor. 
Any executive issuances or orders issued that contravene the 
provisions of this section shall have no force and effect. 
All other government· agencies ·and government-owned or controlled 
corporations which require at least one (1) representative from the overseas 
workers sector to their respective boards shall follow all the applicable 
provisions of this section." 
Section 98. Strengtheni.ng the Philippine Seafarer One Stop 
Processing Center (PSOC), 
The PSOC, as established under 
Administrative Order No. 56, which has been tasked to operationalize and 
make available to the public, an integrated document processing center for 
the seafarers and the general public to conduct officiaI transactions, shall be 
strengthened to include the POEA amongst the government offices housed 
within the center in order to enhance its mandate and functions to provide 
better services to the Filipino seafarers. 
Chapter 15 
Incentives Granted to Manning Agencies 
Section 99. Incentives. -- Manning agencies shall be entitled to the 
incentives set forth in Republic Act No. 7916, otherwise known as "The 
Special Economic Zone Act of 1995," as amended; and Executive Order No. 
226 Series of 1987, otherwise know as "The Omnibus Investments Code," as 
amended, if it provides the following services: 
. 
a. 
Assumes responsibility for a ship owner's/principal's 
human resources administration and provides majority of the 
following services to the ship owner/principal: 
1. 
Recruitment and selection; 
2. 
Background check; 
3. 
Pre-employment-processing; 
4. 
Deployment and' repatriation assistance; 
5. 
Crew rotation; 
6. 
Contract administration; 
7. 
Performance management; 
8. 
Training needs assessment and analysis; 
9. 
Training and development; 
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10. 
Payroll, benefits, and allotment administration; 
11. 
Claims management; 
12. 
Legal representation; and 
. 
b. 
Provides facilities and uses technology to support human 
resource processes and systems of the ship owner or provides 
software programs to manage such processes and systems; and 
c. 
The property in which the foregoing facilities of the 
recruitment and placement agency is located shall be eligible for 
accreditation as an information technology center and may qualify as 
such under Republic Act No. 7916, as amended, provided that all 
requirements of the Philippine Economic Zone Authority are complied 
with. 
•. 
Chapter 16 
Miscellaneous Provisions 
Section 100. Legal assistant for migra,nt worker.s affairs. " The 
office of the legal assistant for migrant workers affairs created under 
Republic Act No. 8042, as amended shall also be primarily responsible for 
the provision and overall coordination of all legal assistance services to be 
provided to OFS in distress. 
Section 101. Legal Assistance Fund . .. The legal assistance fund 
created under R.A. No. 8042, as amended, shall also be used to provide legal 
services to OFS in distress including fees to foreign lawyers to be hired by 
the legal assistant for migrant workers affairs to represent OFS facing 
charges abroad, bail bonds to secure the temporary releases and other 
litigation expenses. 
Section 102. Travel advisory/information dissemination. .. To 
give utmost priority to the establishment of programs and services to 
prevent illegal recruitment, fraud, and ,exploitation or abuse of OFS, all 
embassies and consular offices, through the POEA, shall issue travel 
advisories or disseminate information on labor and employment conditions, 
migration realities and other facts; and adherence of particular countries to 
international standards on human and workers' rights which will adequately 
prepare individuals into making informed and intelligent decisions about 
overseas employment. Such advisory or information shall be published in a 
newspaper of general circulation at least three (3) tim,es in every quarter. 
Section 103. Repatriation of OFS emergency repatriation fund . .. 
The repatriation of the OFS and the transport of his personal belongings 
shall be the primary responsibility of the manning agency which recruited or 
deployed the OFS overseas. All costs attendant to repatriation shall be borne 
45 
•• 


by or charged to the agency concerned and/or its principal. Likewise, the 
repatriation of remains and transport of the personal belongings of a 
deceased worker and all costs attendant thereto shall be borne by the 
principal and/or manning agency. However, in cases where the termination 
of employment is due solely to the fault of the worker, the principal or 
employer or agency shall not in any manner be responsible for the 
repatriation of the former and his ·belongings. 
The OWWA, in coordination with appropriate international agencies, 
shall undertake the repatriation of OFS in cases of war, epidemic, disasters 
or calamities, natural or man-made, anq other similar events without 
prejudice to reimbursement by the responsible principal or manning agency. 
However, in cases where the principal or manning agency cannot be 
identified, all costs attendant to repatriation shall be borne by the OWWA. 
For these purposes, the emergency repatriation fund established 
under R.A. No. 8042, as amended, shall be utilized by the OWWA. 
Section 104. Migrant Workers Loan Guarantee Fund. -- In order to 
further prevent unscrupulous illegal recruiters from taking advantage of 
workers seeking employment abroad, the OWWA, in coordination with 
government financial institutioI1;s, shall institute financing sGhemes that will 
expand the grant of pre-departure loan and family assistance loan. For this 
purpose, the migrant workers loan guarantee fund created under R.A. No. 
8042, as amended, is hereby made available to OFS as a guarantee fund in 
favor of participating government financial institutions. 
Chapter 17 
Final Provisions 
Section 105. Rules and Regulations. -- Within 90 days from the 
effectivity of this Act, the DOLE and its attached agencies, the OWWA, POEA 
and TESDA, together with the MARINA, 'DOH and the DFA shall draft the 
Implementing Rules and Regulations to. effectively implement this Act in 
consultation with the maritime industry stakeholders. The Implementing 
Rules and Regulations shall detail the Sections of this Act which are 
applicable to dorriestic seafarers or to international seafarers or to both 
domestic and international seafarers. 
Section 106. Repealing Clause. -- Such'laws, presidential decrees, 
executive orders, issuances, rules and regulations or parts thereof, which 
are otherwise inconsistent with the provisions of this Act are hereby 
repealed, amended or modified accordingly. 
Section 107. Separability Clause. -- If, for any reason, any section, 
subsection, clause or term of this Act is held to be illegal, invalid, or 
unconstitutional, such parts not affected by such declaration shall remain 
in full force and effect. 
46 


section 108. Transitory Provision. -- Any license issued to a 
manning agency which is valid on the effective date of this act shall continue 
to be valid until its expiration, unless sooner revoked by the POEA. Any 
seafarer's contract issued and registered with the DOLE on the effective date 
of this act shall continue to be valid until its expiration, until its expiration 
or termination. Any accreditation given to a foreign ship owners, employer 
or principal which is valid on the effective date of this act shall continue to 
be valid until its expiration, unless sooner revoked by the dole. 
Section 109. Effectivity, -- This Act shall take effect after fifteen (15) 
days following its publication in a newspaper of general circulation. 
Approved. 
47