FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
S E N A T E  
S.B. NO. .I 3 8 8 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks the establishment of the National Seafarers Commission which 
will develop, organize, maintain, operate, integrate and streamline the policies and 
programs related to the Philippine seafaring profession. 
Under the Republic Act No. 8042 or the "Migrant Workers and Overseas Act of 
19.95, there are two types of migrant workers: the land-based and the sea-based. The 
Filipino seafarer falls under the second category. 
The Philippine Overseas Employment Administration's (POEA) statistics show 
that in the year 1984, 350,982 Filipino workers left the country. By the year 2006, the 
number had more than doubled to 1,062,567. Of these number, 274,497 are seafarers. 
The number is even larger if one includes those working abroad illegally. In 1997, the 
OFWs remitted 5,741,835 (billion US dollars). For 2006, the OFW remittances have 
reached 14 billion US dollars. And for the first eight months of the year 2006, the 
Filipino seafarers remitted over 1.2 billion US dollars. 
Despite their considerable contribution to the country's economy, the Filipino 
seafarers are given inadequate attention. They make up a significant 25.83 percent of 
our migrant workforce yet most of the policies and programs catering to the needs of 
migrant workers are designed for the conditions and situation of land-based workers. 
Seafarers have to go to different agencies to secure the necessary documentation for 
them to practice their profession locally and internationally. They have to secure their 
Seafarers Identification and, Record Book (SIRB) and Certificate of Competency from the 
Maritime Industry Authority (MARINA) and their Seafarer's Registration Certificate 
(SRC) from the Philippine Overseas Employment Administration (POEA). Other 
trainings, seminars and documents have to be secured from different other agencies and 
organizations such as the National Telecommunications Commission, Philippine Coast 
Guard and the Boards of Marine Deck and Engineer Officers of the Professional 
Regulation Commission. 
There is a need for legislation that will create a one-stop shop to attend to all the 
requirements of seafarers and focus on the unique demands and conditions of the 
seafaring profession. 
This measure seeks to create a National Seafarers Commission (NSC) which will 
serve as a centralized government agency that will provide the necessary services, 
supervision, guidance, regulation and guidance the Filipino seafarer needs in order to 
develop as a globalized professional. Training programs, seminars, certifications and 


other documents needed by the seafarer will be readily made available under one 
agency. 
The Commission will be under the direction of the Office of the President. It shall 
have a governing board composed of a Chairman and four commissioners, who shall be 
appointed by the President of the Philippines upon the recommendation of the 
manning sector for a term of three years. 
Furthermore, to guarantee that the needs and demands of the seafarers are well 
understood and met, a Master Mariner with a well documented sea-service record shall 
serve as an Assistant Chairman. 
In view of the foregoing, the urgent passage of this bill is sought. 
LGZzF- 
EGARDA 
Senator 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
88 
SENA 
S.B. No. 
Introduced by Senator LOREN LEGARDA 
AN ACT 
CREATING A NATIONAL SEAFARERS COMMISSION, PRESCRIBING ITS 
POWERS AND FUNCTIONS AND APPROPRIATING FUNDS THEREFORE, AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives $ the Philippines in 
Congress assembled: 
SECTION 1. Title. This Act shall be known as the "National Seafarers 
Commission Act of 2007." 
SECTION 2. Declaration of Policy. It is hereby declared the policy of the State to 
free the people from poverty through the policies that provide social services, and 
promote full and equal employment for all. 
Pursuant to the foregoing state of policy, the Philippines, through this Act shall 
institutionalize and redirect existing government efforts in affecting meaningful 
programs on the development, training, certification and welfare system of local and 
overseas seafarers integrated under one agency. 
SECTION 3. Creation of the National Seafarers Commission. There is hereby 
created a National Seafarers Commission, hereinafter rekrred to q the Commission, 
which shall be organized within sixty (60) days from the date of the approval of this 
Act. 
The Commission sliall be under the direct supervision of the Office of the 
President. 
SECTION 4. Objectives. The Commission shall have the following objectives: 
To develop, organize, maintain, operate, integrate and streamline the 
manpower development system that shall undertake the education, training, 
certification and qualification of Filipino seafarers in accordance with the 
International Convetion of 
Standards of 
Training, Certification and 
Watchkeeping for Seafarers, 1978 as amended and other International 
Maritime Organization (IMO) regulations, directed towards safer' ships and 
cleaner oceans; 
To establish and maintain a centralized government agency that shall attend 
to the needs of Filipino seafarers, providing them the necessary services, 
supervision, regulation and guidance in the pursuit of their career without 


saddling 
them 
with 
unnecessary 
bureaucratic 
and 
documentary 
requirements; and 
c) To upgrade the knowledge and skills of Filipino seafarers in modern ship 
technologies so as to meet increasing demand of domestic and foreign 
shipping companies for competent seafarers. 
SECTION 5. The Governing Board and Its Composition. The Commission shall 
have a tripartite governing board hereinafter referred to as the Board composed of the 
Chairman,' and four (4) Commissioners. They shall be appointed by the President of the 
Republic of the Philippines upon recommendation of the manning sector for a term of 
three (3) years. 
SECTION 6. Powers and Functions of the Board. The Board shall be the highest 
Policy body making of the Commission. It shall exercise overall administrative 
supervision over the Commission to ensure the efficient implementaiion of policies and 
programs. The Board shall have the following functions: 
a) Formulate policies in the education, training and certification of seafarers for 
local and overseas deployment; 
b) Regulate private sector participation in the recruitment and placement of 
domestic and overseas seafarers through effective licensing, regulation and 
monitoring system; 
c) Maintain a proactive system of monitoring and addressing welfare concern of 
the seafarers and their families; 
d) Promote the marketability and competitive edge of Filipino seafarers; 
e) Secure the best terms and conditions of employment of Filipino seafarers and 
ensure compliance therewith; and 
f) Establish bilateral and/or multilateral arrangement with various flagstate 
hiring Filipino seafarers on issues affecting their employment opportunities, 
welfare and development. 
a 
SECTION 7. Executive Office of the Commission. The Commission shall be 
headed by the Chairman, who shall also act as Chief Executive Officer, to be assisted by 
the Assistant Chairman. The Assistant Chairman must hold the rank of a Master 
Mariner who has proved his tract record and versatility in the seafaring sector. 
The Commission shall be composed of the Manpower Development Office, the 
Licensing, Accreditation and PIacement Office, the Welfare Office, the Research, 
Standard and Marketing Development Office, and the Administrative Office, all of 
which shall be headed by career officials. 
SECTION 8. Functions of Executive Offices. For proper coordination and 
effective implementation of the purpose and objectives of the Commission, each 
executive office shall perform the following functions: 
a) The Munpozcier Development Office. The Manpower Develgpment Office shall 
implement policies and guidelines toward promotion of skills and 


professional competence of seafarers, and in furtherance thereof, the official 
shall: 
1) Develop and establish education and training standards of Filipino 
seafarers; 
2) In coordination with concerned government agencies, accredit, 
regulate and supervise maritime schools and training centers; 
3) Close down maritime schools and training centers or cancel'the permit 
to conduct maritime programs on grounds of sub-standard operation 
and/or major system nonconforniity/ies; 
4) Issue Seafarers Identity Document in accordance with International 
Labor Organization (ILO) Convention No. 108; 
5) Establish and maintain a centralized registry of competent and 
certificated seafarers for domestic and overseas trade; 
6) Conduct examination and issue of certificates of competency and 
endorsement to marine officers in accordance with the STCW 
Convention as amended; and 
7) Perform such other functions as may be directed by the Chairman. 
b) The Licensing Accvedifation and Placemenf Ofice. The Licensing, Accreditation 
and Placement Office shall undertake a systematic program of implementing 
the Commission's policies of promoting, regulating and monitoring the 
employment of seafarers as well as the operation of private manning 
agencies. Pursuant thereto, the office shall: 
1) Establish, operate and maintain a licensing and accreditation system to 
regulate the recruitment and the monitoring the employment of 
seafarers in accordance with pertinent ILO conventions; 
2) Process the appIication for Iicenses or authority to operate private 
manning agencies and shall super vise and regulate the operations of 
the said agencies; 
3) Prepare and implement an inspection program for effective 
supervision and evaluation of the activities of private manning or 
shipping agencies; 
4) Process all shipboard contracts and/or shipping articles, and secure 
the best possible terms and conditions of employment for the seafarer.; 
5) Hear cases involving violations of rules and regulations on the 
recruitment and placement, violations of rules and regulations on the 
recruitment and placement, violations of the condition of licenses or 
authority including complaints for suspension and cancellation or 
revocation thereof; and recommended to the Chdrman appropriate 
actidns as deemed necessary; and 


6) Perform such other functions as may be directed by the Chairman. 
c) The WeIfare Ofice. The Welfare Office shall undertake measures towards 
industrial peace and provide the necessary services to enhance the well-being 
of seafarers. In this regard it shall perform the following functions: 
.
.
 
1) Establish and maintain speedy and efficient conciliation machinery. 
The resolution of which shall be made in every case within thirty (30) 
days from submission thereof; 
2) Develop an effective system of monitoring and gathering welfare 
concerns through a pool of dedicated personnd for purposes of 
determining future welfare programs, monitoring existing welfare 
activities and addressing current welfare issues prioritized according 
to their urgency; 
3) Conduct pre-departure orientation seminars or briefing to departing 
seafarers’ scheduled employment. It shall also undertake &dies and 
development materials for use in pre-departure orientation seminar of 
seafarers and other related activities; 
4) Accredit, regulate and supervise pre-departure orientation seminars or 
briefing of authorized manning or shipping industries; 
5) Formulate and undertake programs and projects for the effective and 
efficient utilization of seafarers’ welfare funds; 
6) Provide services to assist the seafarers and their immediate 
dependents and families; and 
I 
7) Perform such other duties as may be directed by the Chairman. 
d) The Research, Standard and Marketing Development Ofice. The Research, 
Standard and Marketing Development Office shall formulate, develop and 
implement a comprehensive maritime manpower export development 
strategy and market promotion geared towards enhancement of seafarers’ 
employment opportunities in domestic and overseas markets. In furtherance 
thereto, it shall perform the following functions: 
1) Conduct researchers, studies and statistics on the trend and other date 
on both domestic and overseas shipping and manning industries for 
use as materials in policy formulation, market promotion/strategies 
and manpower development programs; 
2) Provide support service and materials for the reproduction and 
publication of all printed materials of the Commission; 
3) Develop, establish and maintain a public information system and such 
facilities that would educate and orient seafarers regarding the 
Commissi6n’s policies; and 
4) Perform such other information as may be directed by the Chairman. 


e) The Administrative Ofice. The Administrative Office shall be responsible for 
providing the Commission with services relating to personnel information, 
records, supplies equipment collection and disbursements, security and 
custodial works. It shall provide the Commission with staff, advice and 
assistance on budgetary, financial and management matte&. 
SECTION 9. Staffing Pattern. The organizational framework and staffing 
pattern of the Commission shall be prescribed and approved by the Executive Secretary 
within sixty (60) days after the approval of this Act. 
With regard to appointments to the positions in the approved staffing pattern, 
optimum consideration shall be made conforming to the objective of setting up and 
maintaining in the Commission the highest standards of integrity, efficiency and 
competence. 
In addition to other form of incentives that may be granted by the Board, a11 
personnel of the Commission shall be accorded to government employees. 
SECTION 10. Transitory Provisions. The Maritime Training Council and all 
offices, departments, branches, divisions or sections of the Commission on Higher 
Education, Philippine Overseas Employment Administration, the Maritime Industry 
Authority, the Overseas Workers Welfare Administration, the Bureau of Local 
Employment, the Technical Education and Skills Development AutHority, the National 
Telecommunications Commission, the Philippine Coast Guard, and the Boards of 
Marine Deck and Engineer Officers of the Professional Regulation Commission and 
other government agencies, and instrumentalities performing any of the functions 
provided for under this Act are thereby transferred with their personnel, records, files, 
supplies, vehicles, equipment, furniture, funds and other properties to the National 
Seafarers Commission. 
For the purpose of effecting a smooth, orderly and expeditious organizational 
and functional transition period, the following shall, among other govern such 
undertakings: 
a) The Commission shall coordinate with agencies and instrumentalities 
mentioned in this Section in order to minimize disruption of the usual 
services being rendered to public clientele; 
b) Officials and employees of all agencies concerned are not deprived of 
reemployment to the Commission nor shall be reduced of their ranks or 
diminution of their salaries, unless a contrary existing law 40 provides; and 
c) That employees affected by the creation of the Commission shall be given 
preference for appointment in the Commission on the basis of merit and 
fitness: Provided, That those who may be laid off for cause or by option of 
voluntary phase out, shall be given gratuity equivalent to one (1) month’s 
salary for every year of service, in addition to all benefits to which they are 
entitled under existing riles and regulations. 
SECTION 11. Penal Provisions. Any person, association, corporation or entity 
who violate any provisions of this Act, or the rules and regulations made thereof shall 
upon conviction, be punished of fined according to the degree of offenses as the countr 
or adjudicating administration may impose in accordance with existing civil or penaI 


laws of the Philippine: Provided, That in case the violation is committed by an 
association, corporation or entity, the penalty that may be prescribeel shall be imposed 
on the responsible officers, directors, and/or owners of the said entities: and Provided, 
finally, that nothing in this .Act shall prevent the National Seafarers Commission from 
instituting administrative penalties for violation of any regulation that it may 
promulgate. 
SECTION 12. Appropriations. The amount necessary for the implementation of 
this Act shall be taken from funds of all offices, departments, branches, divisions or 
sections of the government agencies mentioned under Section 10 of this Act and other 
agencies and instrumentalities performing any of the functions and operation and 
maintenance of the Commission shall be included in the annual General Appropriations 
Act. 
SECTION 13. Repealing Clause. Republic Act No. 8544 and Presidential Decree 
No. 97, Republic Act No. 7722, Presidential Decree Nos. 474 and 223, Republic Act No. 
5137, Presidential Decree No. 601, Executive Order Nos. 396,546,125,125-1 and 126, abd 
Letter of Issuance No, 538 and 1404, and all laws and ordinances, rules and regulations, 
and other issuances or p[arts thereof which are inconsistent with this Act, are hereby 
modified, amended or repealed accordingly. 
d 
SECTION 14. Separability Clause. If for any reason any section or provision of 
this Act is declared unconstitutional or invalid the other sections or provisions thereof, 
shall not be affected thereby. 
SECTION 15. Effectivity. This Act shaIl take effect upon its complete publication 
in at least two (2) national newspapers of general circulation. 
Approved,