EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
s. No. 
n : ^ 7
iiiitiaic
Olfur oft'if frffrftarr
'19 WIG 20 P2 ••41
Introduced by Senator Grace Poe
H£CEi’ " 0 BV;
AN ACT
TO PROTECT THE INTERESTS AND WELFARE OF FILIP IN O  SEAMEN AND 
SEA-BASED MIGRANT WORKERS, ESTABLISHING FOR THE PURPOSE A 
NATIONAL SEAFARERS ADM INISTRATION, APPROPRIATING FUNDS AND 
FOR OTHER PURPOSES
Explanatory Note
This bill seeks to create the National Seafarers Administration to look into and 
protect the interests and welfare of Filipino seafarers.
A National Seamen Board was created in 1974 to deveiop and maintain a 
comprehensive program for Filipino Seafarers employed overseas. However, the 
Board was abolished in 1982 with the creation of the Philippine Overseas 
Employment Administration (POEA) under Executive Order No. 797 which has been 
empowered to formulate and undertake a systematic program for promoting and 
monitoring the overseas employment of Filipino workers. The body is likewise 
mandated to protect the rights of migrant workers including seamen so that they 
can enjoy fair and equitabie employment practices. An Advisory Board for Seamen 
was also created which was composed of private sector to advise the POEA on its 
overseas operations.
While many commend the performance of POEA in protecting the rights and 
promoting the weifare of Filipino overseas workers, the overseas seamen continuaily 
claim that they have been overlooked by the government. The agency concerned 
may not be aware but the seafarers feel that they are not fully protected and their 
daims, not fuiiy attended. The complex problem of these workers necessitates a 
government mechanism fully concentrating on the needs and concerns of the sea- 
based workers.
This legislation is highlighted with the following significant points:


1. The creation of a special body on Filipino seafarers. It shall be called the 
National 
Seafarers 
Administration, 
an 
attached 
agency 
under 
the 
administrative supervision of the Department of Labor and Employment 
(DOLE);
2. The body shall be the centralized government agency that would attend to 
the entire needs of Filipino seafarers by providing them the necessary 
services, supervision, regulation, and guidance in the pursuit of their 
profession prior, during, and after their employment on board domestic as 
well as overseas trade and fishing vessels;
3. The establishment shall be in full compliance also with an agreement of which 
the Philippines is a signatory; the International Maritime Organization 
Standards of Training, Certification, and Watchkeeping for Seafarers, 1978 
(IMO STCW-78) as Amended in 1995. This will ensure that from the point of 
view of safety of life at sea and protection of the maritime environment, 
seafarers on board ships are qualified and fit for duties;
4. With a law governing seafarers specifically, there will be an assurance of 
upgrading the knowledge and skills of Filipino seafarers in modern ships 
technologies so as to meet the increasing demand of domestic and foreign 
shipping companies for competent and trained seafarers;
5. There will be a mechanism to revisit and globalize the education and 
curriculum on maritime, marine, and seamen education as well as the 
establishment of technical assistance and other linkages with the Commission 
on Higher Education (CHED).
Approval of the bill is strongly recommended.
GR-4CE POE


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
S E N A T E
S. No. 937
of tijr «N>rrftaif
'19 
AUG 20 ?2 4Z
Introduced by Senator Grace Poe
RECEIVED 5V,
AN ACT
TO PROTECT THE INTERESTS AND WELFARE OF FILIP IN O  SEAMEN AND 
SEA-BASED MIGRANT WORKERS, ESTABLISHING FOR THE PURPOSE A 
NATIONAL SEAFARERS ADMINISTRATION, APPROPRIATING FUNDS AND 
FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section. 1, Title. -  This act shall be known as the "Piiipinong Marino Act".
2 
Sec. 2. Declaration o f Policy. -  It is hereby declared the policy of the State to
3 
afford full protection to labor, local and overseas, organized and unorganized, and
4 
promote full employment and equality of employment opportunities for all.
5 
Pursuant to the foregoing state policy, the Philippines, through this Act, shall
6 
consolidate and 
institutionalize the existing government efforts in effecting
7 
meaningful programs on employment promotion, maritime manpower development
8 
and utilization, and welfare of seafarers integrated in one agency.
9 
Sec. 3. Creation o f the National Seafarers Administration. -  There is hereby
10 
created a National Seafarers Administration, hereinafter referred to as the
11 
Administration, which shall be organized within sixty (60) days from the date of
12 
approval of this Act.
13 
The administration, as an attached agency, shall be under the administrative
14 
supervision of the Department of Labor and Employment (DOLE).
15 
Sec. 4. Objectives. -  The Administration shall have the following objectives:
16 
1. To establish and maintain a centralized government agency that would attend
17 
to the needs of Filipino seafarers by providing them the necessary services,
18 
supervision, regulation, and guidance in the pursuit of their profession prior.


1 
during, and after their employment on board domestic as well as overseas
2 
trade and fishing vessels;
3 
2. To give full and complete effect to the International Maritime Organization
4 
Standards of Training, Certification, and Watchkeeping for Seafarers, 1978
5 
(IMO STCW-78) as amended in 1995 so as to ensure that from the point of
6 
view of safety of life at sea and protection of the maritime environment,
7 
seafarers on board ships are qualified and fir for duties;
8 
3. To develop, organize, 
maintain, and operate an integrated 
maritime
9 
manpower development system that shall undertake the training, certification,
10 
or licensing and qualification of Filipino seafarers in accordance with IMO
11 
STCW-78 and International Labor Organization (ILO) Conventions, governing
12 
pre-employment qualification requirements and documentation for both
13 
domestic and overseas manning and fishing industries;
14 
4. To upgrade the knowledge and skill of Filipino seafarers in modern ship
15 
technologies so as to meet the increasing demand of domestic and foreign
16 
shipping companies for competent and trained seafarers;
17 
5. To promote skills training of Filipino seafarers in safety of life and property at
18 
sea in order to prevent sea disasters which are attributed to human factors;
19 
6. To organize, maintain and operate an exclusive adjudication and welfare
20 
office for domestic as well as overseas seafarers and fishermen that shall
21 
protect their welfare under just and humane conditions of work and wages,
22 
and promote a sound and stable manning industry;
23 
7. To establish, maintain and operate a seafarers market promotion and
24 
information office that shall enhance employment 
opportunity to Filipino
25 
seafarers;
26 
8. To encourage and monitor foreign exchange receipts from the earnings of
27 
overseas Filipino seafarers and fishermen as major contribution to the
28 
upliftment of our national economy in coordination with the Department of
29 
Finance (DoF) and the Bangko Sentral ng Pilipinas (BSP).
30 
9. To represent the Philippine Government in all international and regional
31 
meetings, conferences and/or conventions concerning maritime labor, training
32 
and certification of seafarers;


1 
10.To keep under constant review all international and regional meetings,
2 
conferences and/or conventions concerning maritime labor, training and
3 
certification of seafarers;
4 
11.To provide technical assistance and other linkages with the Commission on
5 
Higher Education (CHED) in all matters pertaining to education and training
6 
and skills development of seafarers.
7 
Sec. 5. 
General Powers and Functions o f the Administration. -  The
8 
Administration shall have the power to regulate and supervise the manpower
9 
development and hiring of Filipino seafarers by shipping companies, entitles or
10 
persons on board domestic as well as overseas trade vessels.
11 
Sec. 6. The Governing Board. -  The Administration shall have a tripartite
12 
governing board hereinafter referred to as the Board which shall serve as the
13 
management and policy-making body. The Board shall be authorized to organize a
14 
Technical Working Committee on a permanent or ad hoc basis. The Board shall be
15 
composed of nine (9) members to be appointed by the President: three (3)
16 
representatives from the Government Sector with the Secretary of DOLE as ex-officio
17 
Chairman; three (3) representatives from the management sector, one of whom
18 
shall come from the association of ship owners in the overseas trade, another from
19 
the inter-island domestic ship-owners association and the last from the manning
20 
agent's association; and three (3) representatives from the labor sector, one of
21 
whom shall come from the unions of seafarers in the overseas trade, another from
22 
the unions of seafarers in the domestic trade and the last to be proposed by the
23 
above stated unions.
24 
The members of the Board shall be entitled to a per diem of One Thousand
25 
Pesos (Phpl,000.00) for actual attendance in meetings which shall not exceed Two
26 
Thousand Pesos (Php2,000.00) per month. The members of the Technical Working
27 
Committee shall be entitled to a per diem of Five Hundred Pesos (PhpSOO.OO) for
28 
actual attendance in meetings but which shall not exceed Two Thousand Pesos
29 
(Php2,000.00) per month.
30 
Sec. 7. Powers and Functions o f the Board. -  The Board shall be the highest
31 
policy making-body of the Administration. It shall exercise overall administrative
32 
supervision over the Administration to ensure the efficient implementation of policies


1 
and programs laid down by the Board. The Chairman shall appoint the officials and
2 
employees of the administration upon the recommendation of the Board and
3 
subsequent approval of the Civil Service Commission (CSC). The Board shall have
4 
the following functions:
5 
a) Promote and protect the rights and well-being of the Filipino sea-based
6 
workers for domestic and overseas employment to fair recruitment and
7 
employment practices;
8 
b) Regulate private sector participation in the recruitment and placement of
9 
domestic and overseas sea-based workers by setting up a licensing and
10 
registration system.
11 
c) Formulate, in coordination with appropriate entities concerned, a system for
12 
promoting and monitoring the domestic and overseas employment of Filipino
13 
sea- based workers taking into consideration their welfare and domestic
14 
manpower requirements;
15 
d) Exercise original and exclusive jurisdiction to hear and decide all arising out of
16 
an employee-employer relationship or by virtue of any law or contract
17 
involving Filipino sea-based workers for domestic and overseas employment
18 
including disciplinary cases; and all pre-employment cases which are
19 
administrative in character involving or arising out of violation of the condition
20 
for issuance of license or authority to recruit workers. All prohibited
21 
recruitment activities and practices defined by virtue of existing laws shall be
22 
prosecuted in the regular courts in close coordination with the concerned
23 
departments or agencies;
24 
e) Promote the development of skills and careful selection of Filipino sea-based
25 
workers for domestic and overseas employment;
26 
f) Undertake the overseas market development activities for placement of
27 
Filipino sea- based workers;
28 
g) Secure the best terms and conditions of employment of Filipino sea-based
29 
contract workers and ensure compliance therewith; and
30 
h) Establish and maintain close relationship and enter into joint projects with the
31 
Department of Foreign Affairs (DFA), Philippine Tourism Authority (PTA),
32 
Ninoy Aquino International Airport (NAIA), Department of Justice (DOJ),


1 
Department of Budget and 
Management 
(DBM), 
and 
other 
relevant
2 
government entities, in the pursuit of its objectives. The Board shall also
3 
establish and maintain joint projects with private organizations, domestic or
4 
foreign, in the furtherance to its objectives.
5 
Sec. 8. General Powers and Functions o f the Administrators and the Deputy
6 
Administrator. -
7 
a.) The Administrator shall be the Chief Executive Officer of the Administration
8 
and, in exercising the functions, shall establish and maintain close functional
9 
relationship with the bureau of Local Employment of DOLE and other
10 
government and private entities concerning manpower development and
11 
employment of seafarers in relation to the needs of the industries, and shall
12 
direct and supervise the overall operation of the Administration. The
13 
Administration shall have the following functions and duties:
14 
1) Assume full responsibility of implementing the purpose and objective of
15 
the Administration;
16 
2) Formulate, develop, and subject to the approval of the Board, implement
17 
programs and measures that would effectively carry out the policies laid
18 
down by the Board;
19 
3) Execute and administer all approved policies programs and measures, and
20 
allocate appropriate resources for their operations;
21 
4) Recommend to the Board the appointment of all supervisory, technical,
22 
clerical and other personnel of the administration;
23 
5) Represent the Administration in all its official transaction or dealings and
24 
to authorize with his signature legal contracts, annual reports, financial
25 
statements, correspondences and other documents;
26 
6) Submit to the Board an annual report on the operation of the
27 
Administration; and
28 
7) Perform other duties and functions as may be authorized by law as
29 
directed by the Secretary of Labor and Employment or his designated
30 
permanent representative;
31 
b.) The Deputy Administrator -  The Deputy Administrator shall be the assistant
32 
of the Administrator in all matters pertaining to the overall operations of the


1 
Administration. 
The 
person 
shall 
have 
the 
following 
duties 
and
2 
responsibilities:
3 
1) Advise and assist the Administrator in the formulation and implementation
4 
of policies and programs of the administration;
5 
2) Evaluate the effectiveness of the Administration's 
organizational and
6 
functional systems in the rendition of efficient delivery of services, and if
7 
necessary recommend appropriate measures to improve performances of
8 
cognizant offices in the Administration;
9 
3) Oversee and coordinate the operational activities of the Administration,
10 
and shall be responsible to the Administrator for their economical but
11 
efficient and effective services;
12 
4) Act as Chairman of the Personnel Selection and Promotions Board, and
13 
shall be responsible for the welfare, morale and discipline of personnel in
14 
the Administration;
15 
5) As deputy to the Administrator, assume the powers, duties 
and
16 
responsibilities of the Administrator as may be authorized by law or as
17 
directed by his immediate superior; and
18 
6) Perform such other and responsibilities as may be authorized by law or as
19 
directed by his immediate superior.
20 
Sec. 9. Functions o f the Principal Offices. -  For proper coordination and
21 
effective implementation of the purpose and objectives of the Administration, each
22 
principal subordinate office shall perform the following functions:
23 
a.) The Manpower Development Office -  The Manpower Development Office shall
24 
implement policies and guidelines towards the promotion of skills 
and
25 
professional competence of seafarers, and in the furtherance thereof, 
the
26 
office shall:
27 
1) Develop and establish training standards for Filipino seafarers;
28 
2) In coordination with concerned government agencies, accredit, regulate,
29 
and supervise maritime training centers;
30 
3) Issue Seafarers Identity document or Seamen's Service Record Book as
31 
prescribed by ILO Convention No. 108 and other rules and regulations
32 
governing the issuance of said document;


1 
4) Issue certificates of proficiency and/or endorsement of certificates in
2 
conformity with IMO-ILO Convention on STCW-78, and ILO Convention
3 
Nos. 74 and 69, and other qualification requirements of the shipping
4 
industries, in coordination with the Marine Board of Examiners for Engine
5 
and Deck Officers of the Professional Regulation Commission;
6 
5) Establish and maintain a centralized registry of properly trained and
7 
certified seafarers for domestic and overseas trade and fishing vessels;
8 
and
9 
6) Perform such other functions as may be directed by the Administrator.
10 
b.)The 
Licensing 
Accreditation 
and 
Placement Office 
-  The 
Licensing,
11 
Accreditation and Placement Office shall undertake a systematic program of
12 
implementing the Administration's policies of promoting, regulating, and
13 
monitoring the employment of seafarers as well as the operation of private
14 
manning agencies. Pursuant thereto, the offices shall:
15 
1) Establish, operate, and maintain a licensing and accreditation system to
16 
regulate the recruitment and the placement of seafarers in accordance
17 
with ILO Convention No. 9 and in conformity with existing Philippine laws,
18 
rules and regulations governing employment of seafarers;
19 
2) Process the application for licenses or authority to operate private
20 
manning agencies and supen/ise 
and regulate the operations of the said
21 
agencies;
22 
3) Prepare and implement an inspection program for the effective supervision
23 
and evaluation of the activities of private manning or shipping agencies;
24 
4) Process all shipboard contracts and/or shipping articles, and secure the
25 
best possible terms and conditions of employment for seafarers;
26 
5) Hear cases involving violations of rules and regulations on the recruitment
27 
and placement; violations of the conditions of licenses or authority
28 
including complaints for suspension and cancellation or revocation thereof,
29 
and recommend to the Administrator appropriate 
actions 
deemed
30 
necessary;


1 
6) Register and issue seamen's registration cards to all employable and
2 
qualified seafarers and fishermen desiring to be employed on board
3 
domestic as well as overseas trade and fishing vessels; and
4 
7) Perform such other functions as may be directed by the Administrator.
5 
c.) The Welfare Office -  The Welfare Office shall undertake measures to enhance
6 
the well-being of seafarers. In this regard, it shall perform the following
7 
functions:
8 
1) Conduct pre-departure orientation seminars or briefings to departing
9 
seafarers scheduled for employment. It shall also undertake studies and
10 
development materials for use in pre-departure orientation seminar of
11 
seafarers and other related activities;
12 
2) Accredit, regulate and supervise pre-departure orientation seminars or
13 
briefings of authorized manning or shipping agencies;
14 
3) Formulate and undertake programs and projects for the effective and
15 
efficient utilization of seafarers welfare funds;
16 
4) Provide services to assist the seafarers and their immediate dependents
17 
and families; and
18 
5) Perform such other duties as may be directed by the Administrator.
19 
d.) The Adjudication Office. -  The Adjudication Office shall undertake measures
20 
towards industrial peace. In this regard, it shall perform the following
21 
functions:
22 
1) Establish and maintain speedy and efficient conciliation and adjudication
23 
machinery, the resolution of which shall be made in every case within
24 
thirty (30) days from submission thereof;
25 
2) Exercise exclusive jurisdiction over all cases involving seafarers employer-
26 
employee relationship including money claims of both parties: Provided,
27 
That each case shall be decided within ninety (90) days from the time the
28 
issues are joined or from the date of filing of said claim;
29 
3) Hear complaints and/or adjudicate cases or illegal recruitment or exaction
30 
of excessive employment fees: Provided, That each case shall be disposed
31 
of within sixty (60) days from the filing thereof; and
32 
4) Perform such other duties as may be directed by the Administrator.
8


1 
e.)The Research, Standard and Marketing Development Office -  The Research,
2 
Standard and Marketing Development Office shall formulate, develop, and
3 
implement a comprehensive maritime manpower export development and
4 
market promotion strategies geared towards enhancement of seafarers'
5 
employment opportunities in domestic and overseas markets. In furtherance
6 
thereto, it shall perform the following functions:
7 
1) Conduct researches, studies, and statistics on the trend and other data on
8 
both domestic and overseas shipping and manning industries for use as
9 
materials in 
policy formulation, 
market promotion, and manpower
10 
development program;
11 
2) Based on researches and studies, formulate and develop standards for the
12 
Administration's manning offices;
13 
3) Provide appropriate data and statistics in the formulation of plans and
14 
programs of the Administration;
15 
4) Provide support services and 
materials for the 
reproduction 
and
16 
publication of all printed materials of the Administration;
17 
5) Develop, establish and maintain a public information system and such
18 
facilities that 
would 
educate 
and 
orient 
seafarers 
regarding 
the
19 
Administration's 
policies, 
programs, 
and 
activities 
affecting 
their
20 
professions; and
21 
6) Perform such functions as may be directed by the Administration.
22 
f.) The Administrative Office -  The Administrative Office shall be responsible for
23 
providing the administration with services relating to personnel information,
24 
records, supplies, equipment, collection and disbursements, and security and
25 
custodial works. It shall provide the Administration with staff advice and
26 
assistance on budgetary, financial, and management matters.
27 
Sec. 10. Organization and Functions o f Field Offices. -  Whenever it becomes
28 
necessary for the Administration to expand its operation to major seaports or
29 
outports, it shall establish such number of field offices which shall be the operating
30 
arm of the Administration in those areas. These field offices shall assume the
31 
responsibilities of implementing and administering the function of the Administration
32 
at those 
levels and 
the 
location, 
composition, 
organization 
and 
functional


1 
requirements of the field offices shall be determined by the Secretary of DOLE upon
2 
the recommendation of the Administration.
3 
Sec. 11. Staffing Pattern. -  The organizational framework and staffing pattern
4 
of the Administration shall be prescribed and approved by the Secretary of Labor
5 
and Employment within sixty (60) days after the approval of this Act. The
6 
compensation plan of the Administration shall at least be patterned after that of the
7 
Philippine Overseas Employment Administration (POEA).
8 
With regard to appointments to positions in the approved staffing pattern,
9 
optimum consideration shall be made conforming to the objective of setting up and
10 
maintaining in the Administration the highest standards of integrity, efficiency, and
11 
competence.
12 
In addition to other forms of incentive that may be granted by the Board, all
13 
personnel of the Administration shall be entitled to the benefits normally accorded to
14 
government employees.
15 
Sec. 12. Special Provisions. -  In implementing the provisions of this Act, the
16 
Administration may call upon the government agency or instrumentality for technical
17 
and personnel assistance. And in order to strengthen its coordinative functions, the
18 
Administration shall hire and train appropriate technical personnel which may be
19 
assigned to other government agencies involved in the implementation of laws, rules
20 
and regulations relative to the operations of the Administration.
21 
Sec. 13. Transitory Provisions. -  The Maritime Training Council (MTC) and all
22 
offices, departments, branches, divisions, or sections of the POEA, Overseas Workers
23 
Welfare Administration (OWWA), the Maritime Industry Authority (MARINA), the
24 
Philippine Coast Guard (PCG), and the Marine Board of Examiners for Engine and
25 
Deck of the Professional Regulation Commission (PRC) under presidential Decree No.
26 
97 as amended. 
Maritime Section of CHED, 
Maritime Section of National
27 
Telecommunication Commission (NTC), and other government agencies and
28 
instrumentalities performing any of the functions provided for under paragraphs "a"
29 
and "e" and each of the subparagraphs therein of Section 9 of this Act are hereby
30 
transferred with their personnel, records, files, supplies, vehicles, equipment,
31 
furniture, funds, and other properties to the National Seafarers Administration.
10


1 
For the purpose of affecting a smooth, orderly and expeditious organizational
2 
and functional transition period, the following shall among others govern such
3 
undertakings:
4 
a) The Administration shall coordinate with agencies and instrumentalities
5 
mentioned in this Section in order to minimize the disruption of the usual
6 
services being rendered to the public and its clientele;
7 
b) Officials and employees of all agencies concerned shall not be deprived of re-
8 
employment to the Administration nor shall there be a diminution in their
9 
ranks or salaries, unless a contrary existing law so provides; and
10 
c) Employees affected by the creation of the Administration shall be given
11 
preference for appointment in the Administration on the basis of merit and
12 
fitness: Provided, That those who may be laid off for cause or by option of
13 
voluntary phase out, shall be given gratuity equivalent to one (1) month's
14 
salary for every year of service, in addition to all benefits to which they are
15 
entitled under existing laws and regulations.
16 
Sec. 14. Pena! Provisions. -  Any person, association, corporation or entity
17 
who violates any provisions of this Act, or the rules and regulations thereof shall
18 
upon conviction be punished or fined in accordance to the degree of offense as the
19 
court or adjudicating administration may impose in accordance with existing civil or
20 
penal laws of the Philippines: Provided. That in case the violation is committed by an
21 
association, corporation or entity, the penalty shall be imposed on the responsible
22 
officers, directors, or owner of the said entities: Provided finally, that nothing in this
23 
Act 
shall 
prevent 
the 
National 
Seafarers 
Administration 
from 
instituting
24 
administration penalties for violations of any regulations that it may promulgate.
25 
Sec. 15. Appropriations. -  The amount necessary for the implementation of
26 
this Act shall be taken from the funds of all offices, departments, branches, divisions
27 
or sections of POEA, MARINA, MTC, the Philippine Navy (PN), and the Marine Board
28 
of Examiners for Engine and Deck of PRC under Presidential Decree No. 97, as
29 
amended, and other government agencies and instrumentalities performing any of
30 
the functions and programs provided for this Act. Thereafter, such sums as may be
31 
needed for the operation and maintenance of the Administration shall be included in
32 
the annual General Appropriations Act.
11


1 
Sec. 16. Repealing Clause. -  All laws, ordinances, rules and regulations, and
2 
other issuances or parts thereof which are inconsistent with this Act, are hereby
3 
repealed or modified accordingly.
4 
Sec. 17. Separability Cause. -  If for any reason any section or provision of
5 
this Act is declared unconstitutional or invalid, the other sections or provisions
6 
thereof, shall not be affected thereby.
7 
Sec. 18. Effectivity. -  This Act shall take effect upon its complete publication
8 
in at least two (2) national newspaper of general circulation.
Approved,
12