FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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) 
) 
SENATE 
S.B. No. 2062 
1 ;. 
Introduced by Senator EDGARDO J. ANGARA 
EXPLANATORY NOTE 
Human resource is an essential strength .in an increasing global economy. The 
Philippines remains to be the biggest source of seafarers in the global market, both for 
officers and ratings. This phenomenon occurs in the context of continuing efforts by global 
shipping companies to cut costs, rationalize crewing, and comply with, among others, 
international conventions on maritime labour and protection of the environment. 
Remittances from all OFWs are a major source of US dollar earnings, contribute 
significantly to stabilizing the balance of payments, prevent foreign exchange instability, 
and serve as a buffer against drastic devaluations of the peso which could lead to inflation. 
The significance thus of Filipino seafarers as a major component of our Overseas 
Employment to the economy cannot be overemphasized. 
The challenge now lies for the Philippines to maintain its dominant presence vis-a-
vis competition posed by emerging sources of labor such as China, Russia, Ulaaine, China, 
India, Indonesia, Poland, Greece and Turkey. I am of the belief that the advantaged 
position of the Philippines as a major supplier of maritime labor will be seriously 
undermined if the Philippine government does not take decisive steps to improve the 
national system of maritime education and training and does not push for the development 
and implementation of a strong, consistent legislative agenda for Filipino 
seafarers. 
Ergo, beyond recognition that the maritime industry is a viable option for economic 
growth is the State's primordial duty to ensure their protection and welfare. These actions 
are, furthermore, necessary for the Philippines to continue to maintain its status on the 
white list of countries complying with treaty standards under the International Convention 
on Standards of Training, Certification and Watchkeeping for Seafarers (STCW-95). 
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A perfect start is to come up with a definitive policy legislation that will bring 
together the various provisions on seafarers scattered in various laws, institute well-
meaning reforms in our maritime industry and create a holistic approach to recognizing, 
emphasizing and advancing the issues and concerns of our seafarers as are envisioned in 
this bill. 
Approval of the measure is respectfully sought. 
2 


, 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 2062 
Introdnced by Senator EDGARDO J. ANGARA 
AN ACT 
"/ ' 
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS 
Be it enqcted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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CHAPTER I. 
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GENERAL PROVISIONS 
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SECTION. 1. Short Title. This Act shall be known as the "Magna Carta of 
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Filipino Seafarers." 
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SEC. 2. Declaration of Policies. It is hereby declared the policy of the State: 
1) To recognize the rights, contributions and unique role of Filipino seafarers, as 
well as their vulnerabilities, and afford them full protection before, during and 
after their employment; 
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2) To maintain and progressively develop a pool of competent and world class 
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domestic and intemational seafarers of all grades and ratings through a system 
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of education and training and of accreditation and licensing; and 
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3) To establish mechanisms for the enhancement of administrative, adjudicative, 
social as well as welfare services for them and their families. 
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Toward these ends, the State shall endeavor to improve the Filipino seafarers' 
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working conditions, terms of employment, career prospects and provide them 
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opportunities to hamess their potentials to the fullest. The State shall further work to 
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uplift the socio-economic wellbeihg of their respective families. 
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SEC. 3. Applicability. AlI rights and benefits granted under this Act shall, except 
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as may otherwise be provided herein, apply to the Filipino seafarers as defined herein. 
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SEC. 4. Definitions. For purposes of this Act, 
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a) "Authority" refers to the document issued by the DOLE authorizing any person or 
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entity to engage in the recruitm.ent and placement of seafarers or OFWs; 
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b) "Departure" refers to the actual departure from the point of hire of a Filipino seafarer 
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through air, sea or land travel transport to join his vessel in a Philippine or foreign port; 
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c) "Domestic Seafarers" refers to seafarers on board ship or vessel plying inter-island 
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water or waters within Philippine territory; 
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d) "Filipino Seafarers" refers to any person who fulfills the conditions to be employed 
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or engaged as part of the crew or complement of the ship navigating the foreign seas 
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other than a govermnent ship used for military or non-commercial purposes. This term 
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includes seafarers serving on foreign maritime mobile offshore units who perform 
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functions similar to those constituting a crew, fisherman and cruise ship personnel; 
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e) "Informal Blacklisting" refers to the unlawful practice of recruitment and placement 
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services agencies, or companies to directly or indirectly prevent or deter seafarers, 
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without valid cause from gaining productive employment, whether the job applicant is 
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for employment or reemployment; 
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f) "License" refers to the document issued by the DOLE authorizing any person or entity 
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to operate a manning agency; 
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g) "Manning or Crewing Agencies" shall refer to any person, company, institution, 
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agency or other organization in the public or private sector, which is engaged in 
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recruiting seafarers in behalf'of the employers or reemployment; 
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h) "Maritime Industry" refers to all enterprises engaged in the business of managing 
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and / or operating shipping ·1ines, management of ports, stevedoring arrastre, customs 
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brokerage and cargo surveys; of ship brokering / chartering, designing, constructing, 
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manufacturing, acquiring, operating, supplying, repairing and / or maintaining vessels, or 
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component parts thereof; of shipyards and dry-docks; of providing maritime services 
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such as ship supplies, ship manning and training, maritime consultancy, ship repairs, 
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machine shops, shipping agencies, freight forwarding and similar enterprises; 
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i) "Master" refers to a seafarer who has the command and is in-charge of the vessel 
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being the representative the vessel's owner. 
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j) "Officers" refers to seafarers other than the Master who is designated by national law 
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or regulation as an officer or is serving in that capacity, such as the 3rd mate, 2nd mate, 
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chief mate, master mariner in the ship's deck, the marine engineer officers in the engine, 
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and other special officers needed in the vessel. 
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k) "Philippine Port" refers to any Philippine airport or seaport; 
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1) "Philippine Seafarers' One-Stop Center" refers to the government office under the 
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supervision of the Department of Labor and Employment created thru Administrative 
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Order No. 56 on 24 January 2003; 
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m) "Philippine Shipping Companies" refers to entities registered and licensed under the 
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laws of the Philippines to engage in the business of overseas amI/of domestic water 
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transportation; 
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n) "Point of Hire" refers to the place indicated in the contract of employment which shall 
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be the basis for determining commencement and termination of contract; 
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0) "Principal" or "employer" refers to any person, partnership or corporation regist~red 
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and duly authorized to engage in overseas shipping activities engaging Filipino seafarers; 
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p) "Rating" refers to any member of the crew other than the Master or the Officer, who is 
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considered as ordinary seaman, able seaman, boatswain or bosun in the deck; the wiper, 
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motorman, fitters and such other special ratings needed on board the vessel. 
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q) "Recruitment and Placement" refers to any act of canvassing, enlisting, contracting, 
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transporting, utilizing, hiring or procuring workers, and include referrals, contact 
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services, promising or advertising employment, locally or abroad, whether for profit or 
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not: Provided, That any person or entity, which is any manner, offers or promises 
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employment for a fee to two (2) or more persons shall be deemed engaged in recruitment 
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and placement. 
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r) "Seafarers" refers to any person who fulfills the conditions to be employed or engaged 
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as part of the crew or complement of the ship navigating the domestic and international 
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waters than a government ship ,used for military or commercial purposes. 
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s) "Shipowner" refers to the owner of the ship or any other organization or person, such' 
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as the manager, agent or bareboat charterer, who has assumed the responsibility for 
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operation and management of the ship from the ship owner, and who, on assuming such 
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responsibilities, has agreed to take over all the attendant duties and responsibilities of a 
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ship owner. 
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t) "Vessel" includes any ship or boat of any nature whatsoever, ordinarily engaged in 
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maritime navigation. 
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u) "Commission on Higher Education (CHED)" refers to the government agency 
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created pursuant to Republic Act No. 7722; 
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v) "Department of Education (Dep-Ed)" refers to the government agency created 
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pursuant to Executive Order No. 117 (30 January 1987), as amended by Republic Acts 
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7722,7796, and 9155 (11 August 2001); 
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w) "Department of Foreign Affairs (DFA)" refers to government agency created 
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pursuant to Republic Act No. 7157; 
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x) "Department of Labor and Employment" refers to the government agency created 
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pursuant to Executive Order No. 292; 
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y) "ILO" refers to the International Labour Organization; 
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z) 'TMO" refers to the International Maritime Organization; 
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aa) "Maritime Industry Authority (MARINA)"refers to the govemment agency created 
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pursuant to Presidential Decree 474; 
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bb) "Maritime Training Council" refers to the government agency created pursuant to 
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Letter ofInstmction 1404; 
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cc) "NSO" refers to the National Statistics Office; 
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dd) "Overseas Workers Welfare Administration (OWWA)" refers to the government 
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agency created pursuant to Executive Order No. 126; 
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ee) 'Philippine Coast Guard (PCG) " refers to the government agency created pursuant to 
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Republic Act No. 517; 
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ff) "Philippine Overseas Employment Agency (POEA) " refers to the government agency 
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created pursuant to Executive Order No. 797, as amended by Executive Order No. 247; 
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gg) "Philippine Seafarer One Stop Processing Center (PSOC) " refers to the facility 
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center which houses all relevant offices I agencies involved in providing services to 
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seafarers in one roof, created under Administrative Order No. 56: 
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hh) "PRC" refers to the Profe'ssional Regulation Commission; 
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ii) "STeW '78" refers to the International Convention on Standards of Training, 
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Certification and Watch-keeping for Seafarers of 1978, as amended: 
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jj) "Technical Education and Skills Development Authority" refers to the government 
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agency created pursuant to Republic Act No. 7796; 
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kk) "TLC" refers to the Teclrhical and Livelihood Center: and 
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11) "CDA" r.efers to the Cooperative Development Authority. 
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CHAPTER 11. 
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FILIPINO SEAFARER'S RIGHTS 
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SEC. 5. Access to Educational Advancement and Training. The State shall 
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ensure Filipino seafarers, whether plying the domestic or international waters, access to 
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educational advancement and training at reasonable and affordable costs. 
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Toward this end, the State shall: 
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1) Regulate the operation of all educational and review institutions offering courses 
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related to seafaring; 
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2) 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 deluands in the industry; and 
3) Ensure that requirements on training and upgrading as mandated by manning and 
crewing agencies for employment, reemployment or promotion purposes shall take 
into account the seafarers' right to spend quality time with his family. 
SEC. 6. Access to Relevant Information. The State shall ensure that manning or 
, 
crewing agencies shall provide Filipino seafarers with adequate and relevant information 
to make them understand their rights, benefits, obligations, conditions and realities 
attending to their profession, and laws and regulations of countries covered by their 
sojourn. 
Toward this end, mannmg or crewing agencies, and other organizations 
responsible for the recruitment and employment of Filipino seafarers, whether plying ,the 
domestic or international waters, shall he mandated to make every contract of 
employment, the computation and manner by which salaries are remitted to their 
allottees, and the specific privileges and benefits available in the contract of employment 
accessible to their recruits or clienteles. 
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SEC. 7. Right to Humane Conditions of Work and Right to Just Compensation. 
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The State shall guarantee Filipino seafarers the right to humane conditions of work ,and 
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the right to standard salary compensatory to their rank, hours of work and other relevant 
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basis for wage computation, minimum number of working hours, rest day, vacation pay, 
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and "end-of contract" pay in accordance with the agreement of the parties concerned' and 
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with existing domestic and international law. 
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SEC. 8. Rights to Self-organization, to engage in Collective Bargaining and to 
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participate in democratic exercises. The State shall ensure Filipino seafarers of their 
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right to self-organization, to collective bargaining and to participate in the deliberation of 
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issues and in the formulatIon of policies that affect them, including the guarantee of 
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representation in governing boards or appointment in government instrumentalities, to 
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include, but not limited to the CRED, TESDA, PRC, POEA, OWWA, MARINA. 
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SEC. 9. Right to Legal Representation. Filipino seafarers who are victims of 
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illegal recruitment, illegal dismissal or suspension and other forms of violation of 
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contracts shall have the right to free legal assistance and protection at government 
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expense. Courts, administrative agencies, and other tribunals should ensure a speedy and 
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impartial disposition of their cases. 
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Every seafarer accused of committing any offense in violation of any provision of 
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his or her contract has the right to due process, an impartial tribunal and administrative 
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body, and an expeditious payment of damages and liability in cases where the judgment 
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is favorable to the Filipino seafarer. 
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CHAPTER III. 
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PHILIPPINE SEAFARER ONE STOP PROCESSING CENTER 
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SEC. 10. Philippine Seafarer One Stop Processing Center (PSOC). The PSGC, 
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as established under Administrative Order No. 56, has been tasked to operationalize and 
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make available to the public, an integrated document processing center for the seafarers 
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and the general public to conduct official transactions. 
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PSOC shall have the services of the following government offices: 
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a) Overseas Workers Welfare Administration (OWWA); 
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b)-Commission on Higher Education CCHED); 
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c) Professional Regulation Commission (PRC); 
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d) Technical Education and Skills Development Authority (TESDA); 
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e) Maritime Industry Authority (MARINA); 
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f) National Telecommunications Office (NTC); 
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g) Maritime Training Council (MTC); 
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h) Department of Foreign Affairs (DF A); 
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i) National Bureau ofInvestigation (NBI); 
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j) Social Security System (SSS); 
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k) Pagibig Fund; 
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1) Philippine Coast Guard (PCG); 
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m) National Statistics Office (NSO); and 
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n) Such other government offices that the Secretary of DOLE may deem 
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necessary. 
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SEC. 11. Rationalizing Government Systems and Procedures. The government 
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offices enumerated under Section 9 hereof shall, within three (3) months from the 
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effectivity of this Act, and in consultation with seafarers' organizations, recruitment 
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agency associations, and nongovernment organizations concerned, rationalize and 
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streamline policies, rules, and procedures governing the documentation, licensing, 
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certification, recruitment, hiring and deployment of seafarers and the OFWs, in general. 
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Said olfices, through the PSOC, shall enforce the streamlining of policies and 
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procedures involved in overseas employment with the view of cutting the time required 
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for documentary processing, simplifying licensing and certification procedures, and 
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facilitating the extension of welfare and support services to their respective clients. 
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These streamlining efforts shall focus on, among others: 
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1) Simplification of systems and procedures and reduction of documentary 
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requirements; 
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2) Implementation of the full disclosure policy; 
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3) Formulation and implementation of a system of registration of seafarers and other 
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OFW s, the registration, accreditation, and licensing of private manning or crew'ing 
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agencies, and all other related regulatory function; 
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4) Elimination of unnecessary and duplicative requirements that go beyond the 
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requirements as defined in the STCW '78, as amended; 
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5) Formulation of a regulated employment s'tandard setting by prescribing minimum 
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provisions of the employment contract, in conformity with labor standard under 
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Philippine laws and regulations; 
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6) Regulation placement fee policy; 
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7)Formulation of rules that ensure speedy disposition of illegal recruitment cases::and 
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8)Development and implementation of an effective information program, in 
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coordination with manning or crewing agencies for the purpose of informing the 
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seafarers of their rights, obligations, benefits, and option attending to specific 
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situations that they may face in the course of their employment. 
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CHAPTER IV. 
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MANDATORY REQUIREMENTS FOR FILIPINO SEAFARERS 
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SEC. 14. Mandatory Minimum Requirements. To be eligible for employment, a 
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seafarer must: 
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1) Be a Filipino Citizen; 
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2) Be at least, eighteen (18) years old, except as may be determined by the Secretary 
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of Labor and Employment; 
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3) Be fit for duty as certified by the government-accredited institution authorized to 
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conduct physical and medical examination for overseas employment; 
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4) Meet the qualification and certification requirements prescribed by the DOLE 
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agency concerned and the standard requirements under the STCW '78, as 
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amended, and other international instruments prescribed relevant standards; 
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5) Registered with and duly certified by the DOLE agency concerned as eligible for 
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overseas employment if serving on ocean going vessels, and as eligible for local 
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employment if serviug on board domestic or interisland vessels; and 
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6) Other qualification requirements as may be prescribed by the DOLE in keeping 
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with international demands. 
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SEC. 15. Education. A Filipino seafarer must have, at least, successfully 
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completed the required basic courses as provided for in the curriculum approved by the 
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Commission on Higher Education or the TESDA. 
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SEC. 16. Training. A Filipino seafarer must, at least, undergo and successfully 
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complete the required basic training proper to his/her position as set forth under the 
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STCW "78, as amended, and under the 1LO Conventions of which the Philippines is a 
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signatory. 
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Where in-service training and assessment of competence for the Filipino selj:farer 
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is required for purposes of'certification under the STCW '78, the person conducting the 
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same either on board or ashore must meet the qualifications prescribed under the 
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aforesaid section of the STeW '78 
CHAPTERV. 
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GOVERNMENT AGENCIES 
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SEC. 17. Role of Government Agencies. The following government agencies 
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shall perform the following to promote the welfare and protect the rights of Filipino 
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seafarers and, whenever practicable, all overseas Filipinos: 
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a) Department of Foreign Affairs. The DFA, through its home offices or foreign 
posts, shall take priority action or make representation with the foreign 
authority concerned to protect the rights of Filipino seafarers and other 
overseas Filipinos and extend immediate assistance, including the repatriation 
of distressed or beleaguered Filipino seafarers and other overseas Filipinos; 
b) Commission on Higher Education (CHED) shall ensure the promotion of 
quality and efficiency in maritime education through advocacy and 
accountability. 
b.l) Commission on Higher Education and the Technical Education and 
Skills Development Authority. The CHED and the TESDA sh.all 
ensure that the curricula for the seafarers' education and training ani in 
consonance with the demands of global maritime industry as well as 
with the requirements of STCW '78, as amended. 
(b.2) Commission on Higher Education and Maritime Training Coul1cil. 
The CHED, in coordination with MTC, and maritime schools and 
training institutions, shall be responsible for the continuous and 
comprehensive research, review and upgrading of the system of 
education, training, certification and recruitment of all maritime 
schools and institutions, as well as the manning or crewing agencies 
and regulatory commissions .. 
c) Department of Labor and Employment. The DOLE shall ensure that labor. and 
social welfare laws in foreign countries are fairly and faithfully applied to 
Filipino seafarers and whenever applicable, to other overseas Filipinos, 
including the grant of legal assistance and the referral to proper medical centers 
or hospitals: 
(c.l) Maritime Training Council. The MTC shall be responsible in the 
formulation, adoption and enforcement of regulatory measures for 
the observance of both the accredited training centers and agencies 
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and the trainees to ensure quality standards and mechanisms of 
training and competence of overseas Filipino seafarers. 
(c.2) Maritime Industry Authority. The MARINA shall be responsible in 
the formujation, adoption and enforcement of regulations governing 
the quality standards and mechanisms of training and competence of 
local seafarers. 
(c.3) Philippine Overseas Employment Agency. In pursuit of promoting 
the well-being ofthe Filipino seafarers, the POEA shall: 
a) Look into and improve on the working conditions and terms of 
employment of the officers and crew of vessels of Philippine 
registry, and of such officers and crew members who are 
Filipino citizens and employed by foreign vessels; 
b) Develop an effective system of monitoring and gathe~ing 
welfare concerns for purposes of determining future welfare 
programs, monitoring existing welfare activities imd addressing 
current welfare issues prioritize according to urgency; 
c) Observe and conduct a comprehensive and updated system of 
pre-departure orientation seminars or briefings to depanting 
seafarers and other maritime workers scheduled for deployment. 
It shall also undertake studies and distribute relevant materials 
for use in pre-departure orientation seminars of maritime 
workers and other related activities; 
d) Accredit, regulate and supervise pre-departure orientation 
seminars or briefings of authorized manning or crewing 
agencies; 
e) Formulate and undertake programs and projects for the effective 
and efficient utilization of the seafarers' welfare fund; 
f) Provide services to assist maritime workers and their immediate 
dependents and families; and 
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g) Perform such other duties as may be essential III giving 
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assistance to seafarers and their families. 
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SEC 18. Filipino Seafarers' Research and Resource Center. The 'CHED shall 
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coordinate with the University of the Philippines School of Labor and Industrial 
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Relations (UP SOLAIR) for. the establishment of an interdisciplinary research and 
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resource center on Filipino seafarers and maritime affairs. The center shall primarily 
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conduct studies and researches which shall enhance the well-being and interests of 
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Filipino seafarers and their competitiveness in the global maritime market. 
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CHAPTER VI. 
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DOCUMENTATION, LICENSURE AND EXAMINATIONS 
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SEC. 19. Documentation. 
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a) For purposes of documentation, the Filipino seafarers shall be categorized into 
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local and overseas seafarers. 
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b) Local seafarers are considered documented when they possess the following 
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documents: 
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1) Seafarers Identification and Record Book (SIRB) and Certificate of 
Competency issued by the MARINA; 
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2) Certificate of Completion of Training of prescribed courses issued by 
the accredited training centers; 
3) Licensure Certificate if the seafarer is a Harbor Pilot or a Major or 
Minor Patron. 
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c) Overseas seafarers are considered documented when they possess the following 
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documents: 
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1) Seafarers Identification and Record Book (SIRB) and Certificat~ of 
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Competency issued by the MARINA and the Seafarer's Registration 
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Certificate (SRC) issued by the POBA; 
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2) Certificate of Completion of Training of prescribed courses issued by 
the accredited training centers and the valid Certificate of Competency 
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issued by the PRC for marine officers and the TESDA for ratings and 
support level crew or by the assessment center duly accredited by the 
MTC; 
4) Licensure Certificate if the seafarer is a marine officer; 
5)Such other documents as may be required. 
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SEC. 20. Licensure and Examination. The Professional Regulatory Commission 
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(PRC) shall be the lead agency in administering licensure examinations and the issuance 
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of such licensure certificates to seafarers in the officer level, except those categorized as 
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Harbor Pilots and Major and Minor Patrons for local shipping which authority shall 
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devolve to the MARINA. 
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The TESDA shall be the lead agency in administering examinations and ,the 
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issuance of the necessary certifications to seafarers in the ratings level. The govel1UJ)ent 
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agencies aforementioned shall formulate and undertake a systematic program: of 
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implementing government policies pertinent to the licensing of specific categories of 
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seafarers. 
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The issuance of licenses and endorsement certificates to seafarers shall not require 
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pre-conditions other than what are required under the STCW '78, as amended and dther 
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specific laws enacted for the purpose of regulating the profession. 
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SEC. 21. Integrated Documentation System. The DOLE, in coordination with 
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government agencies concerned, shall develop an Integrated Documentation System 
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,(IDS) for the purpose of integrating and systemizing the documentation of education, 
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training licensing, and certification among Filipino seafarers. Said IDS shall contain all 
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relevant information on the seafarer, including education, training, licerisure 
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examinations and certifications taken. It shall be used by the seafarer in aU his 
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transactions with the ,government, manning or crewing agencies, and other pertinent 
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bodies. 
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As ,such, agencies of the govemment concerned shall develop and implement an 
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information system that shall connect their respective databases for the purposes of data 
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storage; sharing, and generation pursuant to Section 20 of Republic Act No. 8042. 
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CHAPTER VII. 
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RECRUITMENT AND PLACEMENT 
A. The Recruitment and Placement Industry 
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SEC. 22. Private Sector Participation in the Recruitment and Placement of 
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Filipino Seafarers. Pursuant to national development obj ectives and in order to harness 
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and maximize the use of private sector resources and initiative in the development and 
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implementation. of a comprehensive employment program, the private sector shall 
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participate in the recruitment and placement of Filipino seafarers, locally and overseas; 
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Prouided, That such recruitment and placement procedures are consistent with the 
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provisions stipulated under this Act and such other guidelines, rules and regulations as 
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may be promulgated by the DOLE. 
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SEC. 23. Capitalization in the Recruitment and Placement Industry. Individuals 
IS 
or corporations, partnerships or entities applying for license or authority or renewal 
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thereof shall be required a rriinimum capitalization and such other requirements as may 
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be prescribed by the DOLE. 
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The same shall be obliged to pay such escrow deposits and surety bonds, in an 
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amount and conditions as may be prescribed by the DOLE to guarantee compliance with 
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all terms ~nd conditions of the contract of employment and applicable laws. 
22 
23 
Individuals or corporations, partnerships or entities applying for license or 
24 
authority or renewal thereof shall be required to pay the filing and registration fees as 
25 
may be prescribed by the DOLE. 
26 
27 
SEC. 24. Non-Transferability of License. No license or authority shall be ~sed 
28 
directly or indirectly by any'person other than the one in whose favor it was issued Qr at 
29 
any place other than that stated in the license, nor may such license or authority be 
30 
transferred, conveyed or assigned to any person or entity except under such guidelines as 
31 
may be prescribed by the DOLE. 
32 
33 
Any transfer of business address, appointment or designation of any agent or 
34 
representative, including the establishment of additional offices anywhere shall re<;tuire 
35 
prior approval from the Secretary ofthe DOLE. 
36 
37 
SEC. 25. Suspension andlor Cancellation of License or Authority . . The 
38 
Secretary of the DOLE shall have the power to suspend or cancel and in both instances 
14 


1 
impose fine any license or authority to recruit Filipino seafarers for overseas employment 
2 
for violation of this Act or of other applicable provisions of laws, rules and regulations. 
3 
4 
SEC. 26. Persons and Entities Prohibited from Engaging in Recruitment and 
5 
Placement Inaustry. The following are prohibited from engaging, directly or indirectly, 
6 
in recruitment and placement industry: 
7 
8 
a) Any official or employee of the DOLE, DFA and their attached agencies or 
9 
other government agencies involved in the implementation of this act, or their 
10 
relatives within the fourth civil degree of consanguinity or affinity; 
11 
12 
13 
14 
IS 
16 
17 
b) Persons and entities engaged in the business of travel agency or engaged'in 
business as sales agent or airline and/or shipping companies, or their offices, 
directors or partners. 
B. Recruitment and Placement Policies 
18 
SEC. 27. Recruitment and Placement Policies. Manning or crewing agenoies 
19 
engaged in private recruitment and placement services shall: 
20 
21 
a) Make certain that placement fees or other charges for recruitment or for providiing 
22 
employment to seafarers shall not be borne directly or indirectly, in whole or in 
23 
part, by the seafarers other than those authorized by law. 
24 
25 
For this purpose, the costs of the personal travel documents and Seaman's Book shall 
26 
not be deemed as "fees and other charges for recruitment;" 
27 
28 
b) Cause the reimbursement of any expenses incurred by the seafarer in connecpon 
29 
with hislher documentation and processing for purposes of deployment, in, the 
30 
event where non-deployment is not the seafarer's fault; 
31 
32 
c) Ensure that the Filipino seafarers' well-being and rights shall be the primary 
33 
consideration in the recruitment and placement of seafarers; 
34 
35 
d) Guarantee that recruitment, placement and deployment of Filipino seafarers $hall 
36 
not be made in jobs that are deemed inimical to their interests and to the Rep-tilblic 
37 
of the Philippines; 
38 
15 


1 
e) Specify, with due regard to the right to privacy and the need to protect 
2 
confidentiality, the conditions under which the personal data of Filipino seafarers 
3 
are processed by manning or crewing agencies including the collection, storage, 
4 
combination and communication of such data to third parties; 
5 
6 
f) Cease from furnishing or publishing any false notice or information or document in 
7 
relations to recruitment and employment, including inducing or attempting to 
8 
induce a seafarer already employed to quit his / her employment and offering 
9 
another employment or influencing or attempting to influence, whether 
10 
deliberately or unintentionally, any person or entity not to employ any seafarer or 
11 
the enforcement of a waiver of quit claims to any seafarer before, during and after 
12 
employment, which act shall be deemed unlawful; 
13 
14 
g) Cease from substituting or altering to the prejudice of the seafarer the employment 
15 
contract approved and process by the DOLE and withholding or denying travel or· 
16 
employment documents from applicant seafarer considerations other than those 
17 
authorized under this Act and the implementing rules and regulations promulg~ted 
18 
pursuant to this Act; AND 
19 
20 
h) Refrain from using means or mechanisms intended to prevent or deter seafaJ[ers 
21 
from gaining employment. 
22 
23 
SEC. 28. Duties of Manning and Crewing Agencies. It shall be incumbent upon 
24 
manning and crewing agencies to ensure that: 
25 
26 
a) Any seafarer recruited or placed by them is qualified and is in possession of the 
27 
documents necessary for the job concerned; 
28 
29 
b) The contract of employment and articles of agreement are in accordance with the 
30 
standard terms and condition governing the employment of the Filipino seafarer 
31 
on-board ocean-going vessel as prescribed by the concerned agency of the DOL,E; 
32 
33 
c) The Filipino seafarer is informed of his / her rights and duties under his / her 
34 
contract of the employment and the articles of agreement prior to and in; the 
35 
process of engagement; 
36 
37 
d) Proper arrangements and opportul)ities are gIVen for the Filipino seafarer to 
38 
examine his / her contract of employment and the articles of agreement before and 
16 


1 
after he / she signed such pertinent documents and for him / her to receive a copy 
2 
of the duly-signed contract of employment; 
3 
4 
e) Adequate information about the conditions attending to the situations on-board the 
5 
vessel and overseas, as well as local and international laws and regulations which 
6 
apply to the Filipino seafarer in the course of his/her employment or sojourn shall 
7 
be provided; AND 
8 
9 
f) A registry of all seafarers recruited or placed through them shall be put in place and 
10 
shall be available for inspection by the competent authority. 
11 
12 
C. Hiring, Deployment and Employment 
13 
14 
SEC. 29. Hiring by Certain Employers. Members of the diplomatic corps, 
15 
foreign governments and international organizations may hire Filipino 
seafar~rs; 
16 
Provided, That the provisions of this Act and other applicable guidelines, rules and 
17 
regulations are followed. 
18 
19 
SEC. 30. Selective Deployment of Overseas Filipino Seafarers. Deployment of 
20 
overseas Filipino seafarers shall be allowed only in countries where the rights of overseas 
21 
Filipino seafarers are observed and protected. 
22 
23 
Any of the following legal instruments shall be recognized as guarantee on the 
24 
part of the receiving country for the protection of the rights of overseas Filipino seafaxers: 
25 
26 
a) The receiving country has existing labor and social laws protecting the righ~s of 
27 
overseas seafarers; 
28 
29 
b) It is a signatory to a multi-lateral convention, declarations or resolutions relatililg to 
30 
the protection of overseas seafarers; 
31 
32 
c) It has a bilateral agreement or arrangement with the Philippine government 
33 
protecting the rights Of overseas seafarers; or 
34 
35 
d) It is taking positive concrete measures to protect the rights of overseas seafarers. 
36 
37 
SEC. 31. Ban on Restrictions On Deployment. Notwithstanding the provisions of 
38 
the immediately preceding section, the DOLE, in pursuit of national interest or when 
17 


1 
public welfare so requires, may, at any time, terminate or impose such restricts or ban on 
2 
the deployment of overseas Filipino seafarers. 
3 
4 
SEC. 32. Prohibition Against Indiscriminate Deployment of Filipino Seafarers. 
5 
The indiscriminate deployment of following Filipino seafarers shall be deemed 
6 
prohibited: 
7 
8 
a) Those below eighteen (18) years old or such minimum age requirement as may be 
9 
determined by the DOLE; 
10 
11 
b) Those medically diagnosed to be unfit to work for the j ob being applied; 
12 
13 
c) Those. technically non-qualified for overseas employment; 
14 
15 
d) Those whose employm'ent contract was not processed and approved by the POEA; 
16 
17 . 
e) Any other factor which the DOLE may deemed prohibited. 
18 
19 
SEC. 33. Visitorial Powers of the DOLE. The Secretary of the DOLE or hislher 
20 
duly designated representative may, at any time, inspect vessels and ships within 
21 
Philippine jurisdiction of the accredited principal Ishipowner to determine compliance 
22 
with safety standards and living conditions of seafarers. 
23 
24 
CHAPTER VIII. 
25 
ILLEGAL RECRUITMENT 
26 
27 
SEC. 34. Illegal Recruitment. For purposes of this Act, illegal recruitment shall 
28 
refer to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or 
29 
procuring seafarers and includes referring, contract servicing, promising, or advertising 
30 
of employment for abroad, whether for profit or not, when undertaken by a non-licensee 
31 
or non-holder of authority contemplated under Article 13 (f) of Presidential Decree No 
32 
422, as amended, otherwise lmown as the Labor Code of the Philippines: Provided, That 
33 
any such non-licensee or non-holder who, in any manner, offers or promises for a fee 
34 
employment abroad to two or more persons shall be deemed engaged 
35 
36 
Illegal recruitment when committed by a syndicate or in a large scale shall be 
37 
considered an offense involving economic sabotage. 
38 
18 


1 
Illegal recruitment is deemed committed by a syndicate if carried out by a group 
2 
of three (3) members or more persons conspiring or confederating with one another. It is 
3 
deemed committed in large scale if committed against three (3) or more persons 
4 
individually or as a group. Illegal recruitment is also deemed committed in a: large scale if 
5 
the financial or material consideration involved amounts to more than one hundred 
6 
thousand pesos (PIOO,OOO), regardless of the number of persons involved. 
7 
8 
The persons criminally liable for the above offenses are the principals, accomplice 
9 
and accessories. In case of juridical persons, the officers having control, management or 
10 
direction of their business shall be liable. 
11 
12 
SEC. 35. Penalties. 
13 
14 
a) Any person found guilty of illegal recruitment shall suffer the penalty; of 
15 
imprisonment of not less than six (6) years and one (1) day but not more than 
16 
twelve (12) years and a fine of not less than Two hundred thousand p~sos 
17 
(P200,000) nor not more than Five hundred thousand pesos (P500,000). 
18 
19 
b) The penalty of life imprisonment and a fine of not less than Five hundred thousand 
20 
pesos (P500,000) nor more than One Million pesos (pl,OOO,OOO) shall be imp@sed 
21 
if illegal recruitment constitutes economic sabotage as defined in the preceding 
22 
article: Prouided, hOwever, That the maximum penalty shall be imposed if the 
23 
persen illegally recruited is less than eighteen (18) years of age or that the act of 
24 
illegal recruitment is committed by a non-licensee or non-holder of authority. 
25 
26 
SEC 36. Prohibition on Officials and Employees. It shall be unlawful for' any 
27 
official or employee of the DOLE agency concerned, or other government ageNcies 
28 
involved in the implementation of this Act, or their relatives within the fourth civil d~gree 
29 
of consanguinity or affinity, to engage, directly or indirectly, in the business of recruiting 
30 
Filipino seafarers, as defined under this Act. The penalties provided for in the preceding 
31 
paragraph shall be imposed upon them. 
32 
33 
SEC. 37. Venue. A criminal action arising from illegal recruitment as herein 
34 
defined shall be filed with the Regional Trial Court of the province or city wherll the 
35 
offense was committed ot where the offended party actually resides at the tiI11e of 
36 
commission of the offense. 
37 
19 


1 
SEC. 38. Mandatory Period for Filing of Illegal Recruitment Cases. The 
2 
preliminary investigation of cases under this Act shall be terminated within a period of 
3 
thirty (30) calendar days from the date of their filing. Where the preliminary investigation 
4 
is conducted by a prosecution officer and a prima facie case is established, the 
5 
corresponding information shall be filed in court within twenty-four (24) hours from the 
6 
termination of the investigation. 
7 
8 
If the preliminary inVestigation is conducted by a judge and a prima facie case is 
9 
found to exist, the corresponding information shall be filed by the proper prosecution 
10 
officer within forty-eight (48) hours from the date of receipt ofthe record of the case. 
11 
12 
SEC. 39. Prescriptive Periods. Illegal recruitment cases under this Act shall 
13 
prescribe in five (5) years after th,e commission of the prohibited act: Prouided, however, 
14 
That illegal recruitment cases involving economic sabotage as defined herein shall 
15 
prescribe in twenty (20) years. 
16 
17 
SEC. 40. Free Legal Assistance; Preferential Entitlement Under the Witness 
18 
Protection Program. A mechanism for free legal assistance for victims of illqgal 
19 
recruitment shall be made available by the pertinent agencies of the government. Such 
20 
mechanism shall include coordination and cooperation among the DOLE, DOJ, the IDP, 
21 
and other non-government organizations and volunteer groups. 
22 
23 
Notwithstanding the provisions of Republic Act No 6981 to the contrary, ~any 
24 
person who is the a victim of illegal recruitment, or who is willing to be a witness in 
25 
behalf of the government, shall be entitled to the Witness Protection Program provided 
26 
thereunder. 
27 
28 
CHAPTER IX. 
29 
CONDITIONS OF EMPLOYMENT 
30 
31 
SEC. 41. Employment Agreement. The employer shall provide for a written 
32 
agreement, which shall be drawn up with the seafarer concerning ship work. 'The 
33 
agreement shall contain the following: 
34 
35 
36 
37 
38 
a) The capacity in which the seafarer is to serve; 
b) The arrangement made as to the place of discharge and notice to terminate the 
agreement; 
20 


1 
2 
3 
4 
5 
6 
7 
c) Provisions on rest periods; 
d) The wage agreed upon, its method of computation and manner of payment. In 
no case shall the parties agree to wages lower than the basic minimum wage 
prescribe by appropriate government agencies at the time of engagement; and 
8 
e) The duration ofthe employment contract. 
9 
10 
SEC. 42. Allotment and Remittances. It shall be mandatory for all seafarers to 
11 
remit a portion of their earning to their families, dependents, and I or beneficiaries in 
12 
accordance with nIles and regulations prescribed by the Secretary of DOLE. 
13 
14 
SEC. 43. Limitations on Wage Deductions. A deduction from the seafm:er's 
15 
wages shall not be made without hislher written consent, unless the deduction is provided 
16 
for in the contract of employment and is authorized by law. 
17 
18 
SEC. 44. Rest Periods. A seafarer shall be allowed reasonable rest perio<h in 
19 
accordance with international standards and the Labor Code. He/she shall be entitldd to 
20 
adequate time for rest and sleep. The period of rest shall, during any 24-hour petiod, 
21 
amount to not less than 10 hours. 
22 
23 
SEC. 45. Shore Leave. The seafarer shall be allowed shore leave when 
24 
practicable, upon the consent of the master of deputy, taking into consideration the 
25 
operation and safety of the vessel and the seafarer. 
26 
27 
SEC. 46. Short Manning and Save Wages. In the event that the whole or part of 
28 
the voyage is carried out with a smaller crew than what was previously appointed, ,or if 
29 
the number of the active members of the crew is reduced prior to or during the voyage, 
30 
the wages saved due to this' circumstances shall be distributed proportionately among the 
31 
members ofthe active crew who assumed additional work resulting therefrom. 
32 
33 
SEC. 47. Personal Effects. A seafarer may bring a reasonable number of articles 
34 
for personal use: Provided, however, That this does not involve inconvenience to the ship 
35 
or cargo or pose any health risk on board. If the seafarers' personal effects are 16st or 
36 
damaged as a result of shipwreck, loss or stranding, abandonment of the vessel, or as a 
37 
result of fire, flooding, collision or piracy, the employer shall reimburse himJher for said 
38 
loss or damage. 
21 


1 
2 
SEC. 48. Consideration of Seaworthiness. When more than half of the crew 
3 
makes a written complaint to the master regarding the seaworthiness of the ship for the 
4 
forthcoming voyage, if the chief engineer of first mate makes a similar complaint 
5 
regarding the' part of the ship, appurtenances or equipments under their respective 
6 
supervisiml, the ship master shall be bound to have the ship examined. If the shipmaster 
7 
refuses to let the ship be examined despite valid complaint to do so, the crew may 
8 
refuse to proceed the voyage. 
9 
10 
CHAPTER X. 
11 
HEALTH AND SAFETY 
12 
13 
SEC 49. Prevention of Health Hazards. Work on board the vessel must· be 
14 
organized and executive in such a malUler that the seafarer's life and limb is well looked 
15 
after. When a seafarer is assigned to work, due regard shall be paid to his qualifications to 
16 
undertake the work on a safe and sound basis. Provisions shall be made to ensure that the 
17 
seafarer is well-informed of the hazards inherent in the work, and that he is given the 
18 
proper guidance and adequate practice necessary to avoid such hazards. 
19 
20 
SEC 50. Sanitary Conditions. Measures should be undertaken to ensure 
21 
cleanliness and proper hygiene on board. The master shall ensure that the creW is 
22 
provided a well-balanced diet. He should also guarantee that the crew receives the 
23 
necessary vaccination or inoculation as required by the circumstances or the laws of;the 
24 
country of which the vessel may enter. 
25 
26 
SEC. 51. Medical Examination and Medical Service. A seafarer engage4 to 
27 
perform services on board shall secure a medical certificate to the effect that he is not 
28 
suffering from any illness or mental or physical defect rendering him unfit for work or 
29 
which may constitute danger to other persons on board. Any member of the crew may 
30 
also be required to submit to a medical examination, at the expense of the ship owner, 
31 
should the ~aster have reason to believe that such examination is necessary to mor\itor 
32 
and maintain the health and environmental conditions on board the vessel. 
33 
34 
SEC 52. Protection from Sexual Harassment. It shall be the duty of the master 
35 
and the employer to prevent 'the commission of acts constituting sexual harassment and to 
36 
provide measures for the resolution, settlement or prosecution of acts of sel'ual 
37 
harassment. 
38 
22 


1 
Sexual harassment is herein defined as an act committed by an employer, 
2 
employee, supervisor, agent of the employer, any other person who, having authority, 
3 
influence or moral ascendancy over another in a work environment demands, requests or 
4 
otherwise requires any sexual favor from another, regardless of whether the demand, 
5 
request or requirement is accepted by the subject ofthe said act. 
6 
7 
CHAPTER XI. 
8 
SOCIAL WELFARE SERVICES AND DISABILITY BENEFITS 
9 
10 
SEC. 53. Disability. In case of work-related total or partial disability of the 
11 
seafarer during the term of his/her employment cause by either injury or illness, the 
12 
seafarer shall be compensated in accordance with the schedule of the benefits prescribed 
13 
by the law. Computation of his/her benefits arising from an illness or disease shall; be 
14 
governed by the rates and the rules of compensation applicable at the time the illness or 
15 
disease was contracted. 
16 
17 
No compensation shall be payable in respect in any injury, incapacity, disabflity 
18 
or death of the seafarer resulting from his/her willful or criminal act; Provided, howerer, 
19 
That the employer can prove that such injury, incapacity, disability or death is direi:;tly 
20 
attributable to the seafarer. 
21 
22 
When requested, the employer shall furnish the seafarer a copy of all pertinent 
23 
medical reports or records at no cost to the seafarer. 
24 
25 
SEC. 54. Employer's Liability in Case of Death. When the seafarer dies its a 
26 
result of injury or illness during the term of employment, the employer shall pay the 
27 
beneficiary/ies of the seafarer all outstanding obligations due the seafarer under his/her 
28 
emp loyment contract; The employer is also mandated to notify the next of kin and make 
29 
arrangement for burial, return or repatriation of the remains. If the death occurs !in a 
30 
foreign territory, the master shall also inform the nearest Philippine Embassy or FOI'!eign 
31 
Service Office of said death. The remains and personal effects of the seafarer shair be 
32 
transported to the Philippines employer's expense except if the death occurred in the'port 
33 
where local government laws or regulations do not permit the transport of such remains. 
34 
35 
In case death occurs at sea, the arrangements for the handling of the remains shall 
36 
be drawn up and proposed by the shipmaster to the deceased next of kin. In all case$, the 
37 
employer and/or shipmaster, through the manning and crewing agency, ,shall 
38 
communicate with the next of kin of the deceased and secure the next of kin's 
23 


I 
concurrence as regards the proposed arrangements covering the handling ofthe seafarer's 
2 
remains. The employer shall also pay for the seafarer's burial expenses. 
3 
4 
SEC. 55. Death Benefits. In case of work-related death of the Filipino seafarer 
5 
during the term of his contract, the employer shall pay his beneficiaries the corresponding 
6 
death benefits. 
7 
8 
The benefits shall be separate and distinct from and shall be in addition to 
9 
whatever benefits the seafarer is entitled to under Philippine laws and regulations. 
10 
11 
No benefits shall be payable in case of death resulting from a willful act by the 
12 
Filipino seafarer. In conuection thereto, the employer can prove that such death is directly 
13 
attributable to the seafarer. 
14 
15 
SEC. 56. Payment /}f Benefits. The employer shall have ensure expeditipus 
16 
arrangement for the payment of death or personal injury benefits provided under this Act. 
17 
18 
19 
The employer shall likewise arrange for adequate insurance coverage. 
20 
SEC. 57. Review of Benefits. The POEA shall, upon consultation, with the 
21 
seafarer's unions and associations of manuing agencies and shipping compariies, 
22 
undertake a regular anuual review of the death benefits provided under this Act ,and 
23 
through its governing board, update or amend the death benefits to keep it at par with 
24 
prevailing international standards. 
25 
26 
SEC. 58. Seafarer'S Loan Guarantee Fund. The OWW A, in coordination with 
27 
government' financial institutions, shall institute financing schemes that will expanq the 
28 
grant of pre-departure loan and family assistance loan to seafarers in accordance with 
29 
Section 21 ofRA No. 8042. 
30 
31 
SEC. 59. Housing and Provident Benefits. Seafarers shall be provided access to 
32 
the government's housing program through membership in the Home Development 
33 
Mutual Fund (Pag-ibig Fund), 
34 
35 
SEC. 60. Care of the Sick or Injured. In case of illness or injury during the ,term 
36 
of employment, the master shall arrange for the seafarer to receive proper nursing care on 
37 
board or ashore, including medical attention, medicines and attention. 
38 
24 


1 
The sick or injured seafarer shall continue to receive his wages during the time he 
2 
is under contract. 
3 
4 
If the work -related injury or illness requires medical and I or dental treatment in a 
5 
foreign port, the employer shall be liable for the full cost of such medical, serious dental, 
6 
surgical and hospital treatment as well as board and lodging until the seafarer is declwred 
7 
fir to work or to be repatriated. 
8 
9 
SEC 61. Care for Repatriated Seafarers. If after repatriation, the overseas 
10 
seafarers still require medical attention arising from said injury or illness, he shall be so 
11 
provided, at cost to the employer until such time he is declared fit and the degree of his 
12 
disability has' been established by the employer-designated physician. 
13 
14 
For this purpose, the seafarer shall submit himself to a postemployment medical 
15 
examination by a company-designated physician within three (3) working days upon' his 
16 
return except when he is physically incapacitated to do so, in which case, a written notice 
17 
to the agency within the same period is deemed as compliance. Failure of the seafar~r to 
18 
comp ly with the mandatory reporting requirement shall result in his forfeiture of his right 
19 
to claim the above benefits. 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
CHAPTER XII. 
DISCIPLINARY AND DISPUTE SETTLEMENT PROCEDURE 
SEC 62. Duties of the EmployerlMaster. 
a. TO faithfully comply with the stipulated terms and conditions of the 
employment contract, particularly the prompt payment of wages, remittance 
of allotment and the expeditious settlement of valid claims of the seafarer; 
b. To make operational on board the vessel the grievance machinery provid!'ld in 
this contract and ensure its free access at all times by the seafarer: AND 
c. To ensure the protection and safety of seafarers at all times. 
SEC 63. Duties of the Seafarer. 
a. To faithfully comply with and observe the terms and conditions of his contract, 
violations of which shall be subject to disciplinary sanctions; 
25 


• 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
b. To treat the ship and the cargo with proper care out his duties as a whole with 
due responsibility; 
c. To comply with company rules, regulations and policies consistent with the 
rules and regulations issued by the DOLE; 
d. To conduct himself in an orderly and respectful manner towards passengers and 
shippers stevedores, port authorities and other persons official business with the 
ship. Each shall treat his / her colleagues on board with due consideration; AND 
e. To observe the grievance procedure outlined in this Act. 
14 
SEC. 64. Disciplinary Procedures. The employer/master shall serve seafllllers 
15 
with a written notice containing the grounds for the charges as well as the date, time imd 
16 
place for a fonnal investigation of the charges against the seafarer concerned. 
17 
18 
The employer/master or his/her authorized representative shall conduct the 
19 
investigation or hearing, giving the seafarer the opportunity to explain or defend him$elf 
20 
against the charges. An entry on the investigation shall be made in the ship's logbook: If, 
21 
after the investigation or hearing, the employer / master is convinced that the imposition 
22 
of a penalty is justified, the employer I master shall issue a written notice of penalty imd 
23 
the reason tJ:1erefor to the seafarer, with copies furnished to the manning or cre"'[ing 
24 
agency whiGh deployed the said seafarer. 
25 
26 
The aggrieved seafarer may appeal in writing within a period of five (5) days 
27 
from the date the Master rendered decision to a Grievance Resolution Commi~tee 
28 
composed of one (1) representatives from the ratings to be chosen by the concerned 
29 
seafarer, one (1) representative from the officer level to be chosen by the Master, and pne 
30 
(1) neutral party to be agreed on by the concerned se~farer and shipmaster.' 
31 
32 
The Grievance Resolution Committee shall review the appeal within a period of 
33 
not more than fifteen (15) days from the date of appeal. Execution of judgment is deeined 
34 
suspended upon filing of the appeal. 
35 
36 
SEC. 65. Grievance 'Machinery. (a) If the seafarer considered himself aggrieved, 
37 
he shall make his complaint in accordance with the following procedures: 
38 
26 


• 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
1. The seafarer shall approach the head of the Department in which he is assigned 
to explain his grievance; 
2. The seafarer shall state his grievance in writing and in an orderly manner, and 
shall choose a proper time when his complaint or grievance can be properly 
heard; 
3. The Department Head shall seek to resolve the complaint or grievance and, 
, 
where solution is not possible at his level refer the complaint or grievance to 
the Master; 
4. If the seafarer is not satisfied with the decision of the Master, he may appeal to 
the Grievance Resolution Committee which shall be composed of the one.(1) 
representative from the ratings to be chosen by the concerned seafarer, one{1) 
representative from the officer level to be chosen by the Master, and one (1) 
neutral party to be agreed on by the concerned seafarer and shipmaster; 
5. The Grievance Resolution Committee shall seek to address and resolve ,the 
grievance within a period offifteen (15) days upon receipt of written appeal; 
6. If no satisfactory result is achieved, the seafarer concerned may appeal t01the 
management of thb company or with a Philippine Labor Attache or cons)llar 
officer overseas. 
7. The Master shall afford such facilities necessary to enable the seammi to 
transmit his appeal; and 
28 
b) When availed by the seafarer, the grievance procedure and all actions or decisions 
29 
agreed upon shall be properly documented for the protection and interest of ~oth 
30 
parties. Speedy resolution of cases shall be given utmost priority. 
31 
32 
SEC. 66. Dispute Settlement. The procedure herein stated shall be wit~out 
33 
prejudice to the other action that maybe brought by the seafarer before the jurisdiction of 
34 
the concern~d regular courts and/or NLRC; or to the exclusive and original jurisdiction of 
35 
the voluntary arbitrator or panel of arbitrators appointed from the accredited voluntary 
36 
arbitrators of the National Conciliation and Mediation Board (NCMB) of DOLE. 
37 
27 


1 
SEC. 67. Voluntary Arbitration. Pursuant to the constitutional mandate on the 
2 
preferential use of voluntary modes of dispute settlement, the DOLE shall adopt 
3 
procedural guidelines in the conduct of voluntary arbitration proceedings involving the 
4 
maritime sector, and promote the use of voluntary arbitration as a mode to achieve 
5 
speedy resolution of cases. 
6 
7 
SEC. 68. Money Claims. Notwithstanding any provision of law to contrary, the 
8 
Labor Arbiters of the NLRC shall have the original and exclusive jurisdiction to hear and 
9 
decide, within ninety (90) calendar days after filing of the complaint, the claims arising 
10 
out of an employer-employee relationship or by virtue of any law or contract involving a 
11 
Filipino seafarer, including claims for actual, moral, exemplary and other forms of 
12 
damages. 
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15 
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The liability of the principal/employer and the manning or crewing agency for 
any and all claims under this section shall be joint and several. This provision shaH be 
incorporated in the contract for overseas employment and shall be a condition prece~ent 
for its approval. The performance bond to be filed by the manning and crewing agency, 
as provided by law, shall be answerable for all money claims or damages that may be 
awarded to the seafarer concerned. If the manning or crewing agency is a juridical bqing, 
, 
the corporate officers and directors and partners as the case may be, shall themselves be 
jointly and solitarily liable with the corporation or partnership for the aforesaid claims 
and damages. 
Such liabilities shall continue during the entire duration of the employment 
contract and shall not be affected by any substitution, amendment or modification tiIade 
locally or in a foreign country where the said contract was entered into. Any compromise, 
, 
amicable settlement or voluntary agreement on money claims inclusive of damages under 
this section shall be paid within four (4) months from the approval of the settlemellt by 
the appropriate authority. 
In case of termination of overseas employment without just, valid or authorized 
cause defined by law or contract, the seafarer shall be entitled to the full reimbursement 
of his/her placement fee with interest at twelve percent (12%) per annum, plus his/her 
salaries for the unexpired portion of hislher employment contract or for three (3) months 
for every year of the unexpired term, whichever is less. 
28 


1 
SEC 69. Liability for Claims. The liability of the principal I employer and the 
2 
manning agency for any claims made by a Filipino seafarer under this Title shall be joint 
3 
and several. 
4 
5 
SEC. '70. Prescriptiv(! Period. Recognizing the particular natnre of overseas 
6 
shipboard .employment, all monetary claims arising from the seafarer's contract shall 
7 
prescribe within three (3) years from the date of the seafarer's retnrn to the point ofhtre. 
8 
All monetary claims of those employed in domestic shipping shall prescribe within three 
9 
(3) years from the day the action commenced. 
10 
11 
12 
13 
CHAPTERXIII. 
POST EMPLOYMENT 
14 
SEC. 71. Termination of Employment. The employment of the overseas seafarer 
15 
shall cease when he / she: 
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a) Completes hislher period of contractual service aboard the vessel, signs~ off 
from the vessel and arrives at the point of hire; 
b) Arrives at the point of hire for any of the following reasons: 
i. Voluntarily resigns for just cause and signs off prior to expiratioll of 
contract; 
ii. Signs-off and disembarks for health reasons; 
iii.Signs-off due to shipwreck, lay-up of vessel, change of vessel or 
discontinuance of voyage; and 
iv. Is discharge for just cause. 
SEC. 72. Termination by the Seafarer. a) A seafarer may terminate! the 
employer-employee relationship based on either: 
, 
i) The ship is not seaworthy; 
ii) The principal changes; 
iii) The vessel is sold; 
iv) The vessel is shipwrecked; 
v) The seafarer has been ill-treated on board and the master has failed to 
protect him when requested to do so; 
vi) The voyage is discontinued or substantially altered; 
29 


1 
2 
3 
4 
5 
6 
vii)After the seafarer starts on board, it appears that the ship risk being seized 
by a belligerent power or exposed to war damage, or that such risk is 
imminent or has increased considerably; and 
viii) After the seafarer starts on board, it appears that a violent epidemic 
disease has broken out in the port for which the ship is bound; 
7 
b) In cases mentioned in paragraph (a), subparagraph (vi)-(viii) hereof, the seafarer 
8 
may take his/her departure with immediate effect if the voyage has not commence, 
9 
or otherwise at the ship's first port of call after he has become aware of the 
10 
situation. 
11 
12 
SEC. 73. Prohibition against Transfer of Station. A Filipino seafarer shall not be 
13 
transferred at any port to any vessel owned or operated, manned or managed by the s~e 
14 
employer without the seafarer's consent. In the event that the seafarer concerned cons~nts 
15 
with such transfer, the position of the seafarer and the rate of his/her wages and terms of 
16 
services shall, in no way, be lower or inferior and the total period of employment sball 
17 
not exceed 'that original agreed upon. Any form of transfer shall be documented and 
18 
reported by the manning or ctewing agency to the POEA. 
19 
20 
SEC. 74. Post-Employment Benefits. Whenever applicable, in addition to ; the 
21 
benefits a seafarer may be entitled to under the OWW A and the SSS, a retiring seafarer 
22 
covered by collective bargaining agreement shall 1:Je entitled to such post-emplOynP,ent 
23 
benefits as may be provided in his / her contract or agreement. 
24 
25 
A Filipino seafarer who is not covered by a collective bargaining agreement, on 
, 
26 
the other hand, may, upon notice to his/her manning or crewing agency and princIpal, 
27 
authorize the deduction of a specified percentage of his/her monthly wages to form ~art 
28 
of hislher voluntary contribution to the post-employment fund. The amount to be 
29 
deducted shall be placed in an account in the name of the contributing seafarer. 
30 
31 
32 
33 
CHAPTER XIV. 
REPATRIATION 
34 
SEC. 75. Repatriation. All costs related to the repatriation and / or transport of 
35 
the personal effects 0 f a seafarer shall be borne by or charge to the manning or crewing 
, 
36 
agency concerned and/or its principal. The expenses of repatriation shall include the 
37 
transportation charges, the accommodation and the food of the seafarer during the 
38 
journey. However, in cases where the termination of employment is due solely tm the 
30 


I 
fault of the seafarer, the principal/employer or marming/crewing agency shall not in any 
2 
manner be responsible for the repatriation of the former andlor hislher personal effects. 
3 
4 
SEC. 76. Mandatory Repatriation of Underage Seafarers. Upon discovery or 
5 
information of a Filipino seafarer whose actual age falls below eighteen (18) years of age, 
6 
the nearest Philippine consulate office shall, without delay, repatriate the said seafarer 
7 
and advise the DFA and DOLE as soon as possible of such discovery and other relevant 
8 
information. 
9 
10 
SEC. 17. Emergency Repatriation. The DOLE, in coordination with the OWWA 
11 
and the DF A, shall undertake the repatriation of seafarers in cases of war, epidemics, 
12 
disasters or calamities, natural or man-made, and other similar events without preju~lice 
13 
to reimbursement by the responsible principal or manninglcrewing agency. 
14 
15 
SEC. 78. Legal Assistance Fund. The Legal Assistance Fund created under M 
16 
No. 8042 shall extend legal services to an overseas seafarer who is in distress' in 
17 
accordance with the guidelines, criteria and procedures promulgated therein. 
18 
19 
20 
21 
CHAPTER XV. 
REINTEGRATION SERVICES 
22 
SEC. 79. Retraining and Reintegration. Returning or unemployed seafarers may 
23 
avail of the livelihood development/re-training programs and placements services off tired 
24 
by concerned government agencies, including OWWA and TESDA, TLC, and the CD~. 
25 
26 
These agencies shall formulate skills upgrading or retraining curricula to meet: the 
27 
needs of ret timing or unemployed seafarers. The participation of the maritime industrt, in 
28 
particular, .'port and shipping industry, and maritime educational institutions shali be 
. 
, 
29 
likewise solicited by the DOLE in devising the appropriate retraining and local :job 
30 
placement programs for unemployed seafarers. 
31 
32 
SEC. 80. Establishment of Reintegration Center. A Re-integration Center w~thin 
33 
the OWW A shall be established to attend to the needs of returning seafarers. The C~nter 
34 
shall provide a mechanism for their reintegration into the Philippine society, serve ,as a 
35 
promotion house for their local employment, and tap their skills and potential" for 
36 
national development. 
37 
38 
The Center shall provide the following services: 
31 


I 
2 
a) Develop livelihood programs and project for returning seafarers in coordination 
3 
with the private sector and concerned government agencies; 
4 
5 
b) Coordinate with appropriate private government agencies m the promotion, 
6 
development, and full utilization of their potentials, For this purpose, the DOLE 
7 
shall be the lad implementer. The CDA and the TLRC shall develop among 
8 
returning Filipino seafarers, teclmical expertise in the enterprise building and 
9 
development, while the DSWD shall provide the necessary services for the 
10 
effective social reintegration of migrant workers; 
11 
12 
c) Develop a matching program that will allow returning Filipino seafarers to develop 
13 
business partnerships and employment options with public and private sector 
14 
entei:prises in the country; and 
15 
16 
d) Provide a periodic study of the assessment of job opportunities for returning 
17 
seafarers. 
18 
19 
SEC. 81. Scholarship Programs. Qualified seafarers or their immediate descendants, 
20 
who intend to pursue science and teclmology related courses may apply for scholarsljips 
21 
with the OWWA which shall benefit deserving overseas seafarers and/or their immedfate 
22 
descendants below twenty-one (21) years of age who intend to pursue courses or training 
23 
primarily in the field of science and teclmology. 
24 
25 
The DOLE, in coordination with the CRED, shall establish a similar program. for 
26 
domestic seafarers within a period ofthree (3) years from the enactment of this Act. 
27 
28 
CHAPTER XVI. 
29 
ACCOUNT ABILITY OF GOVERNMENT OFFICIAL AND PERSONNEL. 
30 
31 
SEC. 82. Accountability of Government Officials and Personnel. Any 
32 
government official and personnel who fails or refuse t6 rerider service(s) anfllor 
33 
assistance to seafarers without just cause shall, after due notice and hearing, and if fo\.ind 
34 
guilty, be punished with suspension from office of not less than thirty (30) days or 
35 
dismissal from the service with forfeiture of retirement and other benefits. 
36 
37 
38 
CHAPTER XVII. 
TRANSITORY PROVISIONS 
32 


1 
2 
SEC. 83. Implementing Rules and Regulations. The DOLE, in coordination with 
3 
the DF A and other agencies concerned and within ninety (90) days after the effectivity of 
4 
this Act, shall formulate its rules and regulations. 
5 
6 
SEC. 84. Separability Clause. If any provision of this Act is declared 
7 
unconstitutional, the remaining provisions shall be continued in force. 
8 
9 
SEC. 85. Repealing Clause. All laws, presidential decrees, or issuance, executive 
10 
orders, letters of instruction, rules or regulations inconsistent with the provisions of this 
11 
Act are hereby repealed or modified accordingly. 
12 
13 
SEC. 86. Effectivity Clause. This Act shall take effect fifteen (15) days afte~ its 
14 
publication in the Official Gazette or in at least two (2) newspapers of general circulat\on, 
15 
whichever comes first. 
16 
17 
Approved, 
33