:~!\) ~rl a h' 
SIXTEENTH CONGRESS OF THE REPUBLIC) 
djlh. i \d Hl>-' ,~"f'.a ('hlr~ 
OF HiE PHILIPPINES 
) 
First Regular Session 
) 
TJ 
jIll -1 
~.9 :10 
SENATE 
Senate Bill No. 
;'!.1 
I,,····.,· . '1-' .'. "v.~ 
H" '--U 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
With the entry into force of the Maritime Labor Convention 2006 on 20 
August 2013, the Philippines as the 30th Member State to ratify the Convention 
is in the thick of preparations for the implementation of the same through national 
laws, regulations and other measures. It is deemed appropriate that the 
Philippines implement the MLC 2006 through a national legislation. Such track is 
highly imperative considering that the Philippines is one of the major sources of 
seafarers around the world. 
According to the International Labor Organization, there are more than 1.2 
million seafarers worldwide and Filipino seafarers make up 30 per cent of the 
seafarers on the global shipping fleet. Likewise, archipelagic as it is, with more 
than 1,107 islands, the Philippines is also home to thousands of local seafarers 
manning domestic ships navigating the Philippine waters for purposes of 
commerce and trade. 
In view of these considerations, passing the Magna Carta for Seafarers 
that promotes the welfare and protect the rights of Filipino seafarers and their 
families is imperative. The draft Ma~na Carta for Seafarers is a consolidation of 
all pending bills filed during the 15 h Congress. 
Incorporated in this draft are 
inputs from the maritime stakeholders during the series of regional consultations 
and advocacy on the MLC 2006. 
The draft Magna Carta for Filipino Seafarers seeks to ensure protection of 
the rights and welfare of overseas Filipino seafarers and their families. 
Specifically, it seeks to recognize the rights of Filipino seafarers, institute 
mechanisms for the enforcement and protection thereof, provide for compulsory 
benefits, and implement standards set by the MLC 2006. 
---
GGOY EJERCITO ESTRADA 
Senator 


j, r !t~I'~i' • 
SIXTEENTH CONGRE:SS OF THE REPUBLIC) 
{9!ilrr (11 lb' 
n'1'brn 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'11 
~ JUL-·j 
/\9:10 
SENATE 
Senate Bill No, ._ ......... 2",1L 
_ .. ,=----
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
INSTITUTING THE MAGNA CARTA OF FILIPINO SEAFARERS 
Be it enacted by the Slmate and the House of Representatives of the Philippines 
in Congress assembled: 
1 
Chapter I - General Provisions 
2 
3 
4 
SECTION 1. Short Title. - This Act shall be known as the "Magna Carta of 
5 
Filipino Seafarers." 
6 
7 
8 
SEC. 2. Declaration of Policies. - It is hereby declared the policy of the state: 
9 
10 
a) To recognize the rights, contributions and unique role of Filipino seafarers 
11 
as maritime professionals as well as their vulnerabilities, and afford them 
12 
full protection before, during and after their employment; 
13 
14 
b) To maintain and progressively develop a pool of competent and world-
15 
class seafarers for all officers, ranks and ratings, as well as service 
16 
personnel on special types of vessels, through a system of education, 
17 
training, accreditation and licensing; 
18 
19 
c) To establish mechanisms for the enhancement of administrative, 
20 
adjudicative, social as well as welfare services for them and their families; 
21 
22 
d) To enact lawl) that adopt, and implement the standards set by 
23 
international conventions and agreements on working conditions, and 
24 
safety, among others, for seafarers particularly the Maritime Labour 
25 
Convention, 20()6; 
26 
27 
e) To recognize manning and recruitment entities as vital partners in 
28 
promoting the skill and competence of Filipino seafarers. 
29 
30 
Toward these ends, the State shall endeavor to improve the Filipino seafarers' 
31 
working conditions, terms of employment, career prospects and provide them 
32 
opportunities to harneHs their potentials to the fullest. The State shall further work 
33 
to uplift the socio-economic well-being of the Filipino seafarers' families. 
34 
1 


1 
SEC. 3. Applicability. - This Act shall cover Filipino seafarers working on board 
2 
coastal and ocean-going ships of Philippine or foreign registry. 
3 
4 
All rights, privileges and benefits previously enjoyed by Filipino seafarers before 
5 
the effectivity of this Act, including those set forth in Presidential Decree No. 442 
6 
otherwise known as the Labor Code of the Philippines, as amended, and 
7 
Republic Act No. 8042, otherwise known as the "Migrant Workers and Overseas 
8 
Filipinos Act of 1995," as amended, shall continue to be recognized and shall not 
9 
be diminished after the effectivity of this Act. 
10 
11 
Cadets on shipboard training shall be governed by separate rules and 
12 
regulations issued by the Department of Labor and Employment in coordination 
13 
with relevant governmElnt agencies. 
14 
15 
16 
SEC. 4. Definition of Terms. -
17 
18 
(a) "Authority" shall refer to the document issued by the Department of 
19 
Labor and Employment (DOLE) authorizing any person or entity to 
20 
engage in the recruitment and placement of seafarers; 
21 
22 
(b) "Coastal ship" shall refer to any Philippine flag vessel licensed to carry 
23 
passengers or cargo, or both, in any port in the Philippines; 
24 
25 
(c) "Coastal trade" shall refer to trade engaged in by a coastal ship within 
26 
Philippine waters; 
27 
28 
(d) "Cadet" refers to a student of maritime educational institution, who is 
29 
required to undergo onboard training to complete the educational 
30 
requirements for a maritime degree or technical course; 
31 
32 
(e) "Departure" shall refer to the actual departure from the point of hire of a 
33 
Filipino seafarer through air, sea or land travel transport to join his ship 
34 
in a Philippinl~ or foreign port; 
35 
36 
(f) 
"Domestic Seafarers" shall refer to any seafarers employed on board a 
37 
ship or vessel plying inter-island waters or waters within Philippine 
38 
territory; 
39 
40 
(g) "Foreign Registry" shall refer to the official public register of vessels of a 
41 
country other than the Philippines; 
42 
43 
(h) "International Maritime Convention" or "International Convention" shall 
44 
refer to any written treaty or agreement, or any protocol or amendment 
45 
thereto, affecting the maritime industry which has come into force and 
46 
effect, including the Maritime Labour Convention, 2006; 
47 
48 
(i) 
"License" shllll refer to the document issued by the DOLE authorizing 
49 
any person or entity to operate a manning or recruitment and placement 
50 
agency; 
51 
52 
G) 
"Manning A~,enGy" shall refer to any person, company, institution, 
53 
licensed to engage in recruitment and deployment of overseas Filipino 
54 
seafarers on board ships of foreign registry in behalf of its foreign 
55 
principals; 
56 
2 


I 
(k) "Maritime Industry" shall refer to all stakeholders engaged in the 
2 
business of owning, managing, chartering and/or operating coastal or 
3 
ocean-going -ship(s) of Philippine or foreign registry, manning of ships, 
4 
management of ports, stevedoring and arrastre services, ship brokering 
5 
and chartering, ship-building and ship repair, providing maritime 
6 
services such as ship supplies and provisions, maritime education and 
7 
training, shipping agency, and other similar activities; 
8 
9 
(I) 
"Master" shaH refer to a seafarer who is licensed and authorized to 
10 
command and/or navigate a ship by law or regulation and appointed as 
II 
representative of the shipowner; 
12 
13 
(m) "Officers" shall refer to seafarers who are licensed by law or regulation 
14 
to serve in such capacity, such as Master Mariner, Chief Officer, 2nd 
15 
Officer, and :3rd Officer for the Oecl< department and Chief Engineer, 
16 
2nd Engineer, 3rd Engineer, and 4th Engineer for the Engine 
17 
department; 
18 
19 
(n) "Overseas Filipino Worker (OFW)" or "Migrant Worker" shall refer to a 
20 
person who iis to be engaged, is engaged or has been engaged in a 
21 
remunerated activity in a state of which he or she is not a citizen or on 
22 
board a vessel navigating the foreign seas other than a government 
23 
ship used for military or non-commercial purposes or on an installation 
24 
located offshore or on the high seas; 
25 
26 
(0) "Philippine National" shall refer to any individual who is a citizen of the 
27 
Philippines, Clr a commercial partnership or corporation organized under 
28 
the laws of the Philippines, at least 60% of the capital of which is owned 
29 
by citizens of the Philippines; 
30 
31 
(p) "Philippine Port" shall refer to any Philippine airport or seaport; 
32 
33 
(q) "Philippine Seafarers' One Stop Processing Center (PSOC)" shall refer 
34 
to the facility center which houses all relevant offices/agencies involved 
35 
in providing services to seafarers in one roof; 
36 
37 
(r) "Philippine Shipping Companies" shall refer to entities registered and 
38 
licensed undl3r the laws of the Philippines to engage in the business of 
39 
overseas and/or domestic water transportation; 
40 
41 
(s) "Philippine Waters" shall refer to the inland waters, archipelagic waters, 
42 
territorial sea and exclusive economic zone of the Philippines, as 
43 
defined by law and as recognized by international conventions; 
44 
45 
(t) "Point of Hire" shall refer to the place indicated in the contract of 
46 
employment which shall be the basis for determining commencement 
47 
and termination of contract; 
48 
49 
(u) "Principal" or "employer" shall refer to any person, partnership or 
50 
corporation hiring Filipino seafarers to work on board coastal and 
51 
ocean-going ships; 
52 
53 
(v) "Rating" shaU refer to any member of the crew other than the Officers as 
54 
defined herein; 
55 
56 
(w) "Recruitment and Placement" shall refer to any act of canvassing, 
57 
enlisting, contracting, transporting, utilizing, hiring or procuring workers, 
3 


I 
and includes, referrals, contract services, promising or advertising 
2 
employment, locally or abroad, whether for profit or not: Provided, that 
3 
any person or entity, which in any manner, offers or promises 
4 
employment for a fee to two (2) or more persons shall be deemed 
5 
engaged in rE!cruitment and placement; 
6 
7 
(x) "Hecruitment and placement agency" shall refer to any Filipino person, 
8 
corporation, partnerstlip, company, etc. who is engaged in recruiting 
9 
seafarers for placement or employment on board ships of Philippine or 
10 
foreign regist,·y; 
11 
12 
(y) "Repatriation" shall refer to a process of returning a person back to 
13 
one's point of hire; 
14 
15 
(z) "Philippine R,egistry" shall refer to the official public register under the 
16 
authority of the Registrar of Ships which shall hold the record of all 
17 
vessels and its encumbrances registered under Philippine laws; 
18 
19 
(aa) "Seafarer" shall refer to any person who is employed or engaged or 
20 
works in any capacity on board a ship covered by this Act; 
21 
22 
(bb) "Overseas Filipino Seafarer (OFS)" shall refer to a seafarer employed 
23 
on board a 8hip plying outside inland waters, archipelagic waters or 
24 
territorial seas of the Philippines; 
25 
26 
(cc) 
"Ocean-goin~1 ship" shall refer to any Philippine or foreign-registered 
27 
ship which is authorized to carry passengers or cargo, or both, in trade 
28 
between a Philippine port and a foreign port, or between two foreign 
29 
ports; 
30 
31 
(dd) "Shipowner" shall refer to the owner of the ship or any other 
32 
organization or person, such as the manager, agent or bareboat 
33 
charterer, who has assumed the responsibility for operation and 
34 
management of the ship from the shipowner, and who, on assuming 
35 
such responsibilities, has agreed to take over all the attendant duties 
36 
and responsiibilities of a shipowner under this Act; 
37 
38 
39 
Chapter II - Seafarer's Rights 
40 
41 
42 
SEC. 5. Right to Just Terms and Conditions of Work. - Seafarers shall have the 
43 
rights to: 
44 
45 
(a) a safe and secUire workplace that complies with safety standards; 
46 
47 
(b) decent working and living conditions on board ship; 
48 
49 
(c) medical care, welfare measures and other forms of health and social 
50 
protection; 
51 
52 
(d) fair terms and conditions of employment including salary commensurate to 
53 
their rank, hours of work, and other relevant basis for wage computation, 
54 
minimum number of working hours, rest period consistent with Philippine 
55 
laws or international maritime conventions, when applicable. 
56 
4 


I 
SEC. 6. Rights to Self-organization, to engage in Collective Bargaining and to 
2 
participate in democratic exercises. - Seafarers shall enjoy their right to self-
3 
organization, to collective bargaining and to participate in the deliberation of 
4 
issues and in the formulation of policies that affect them, including the guarantee 
5 
of representation 
in 
governing boards or appointment in 
government 
6 
instrumentalities. 
7 
g 
9 
SEC. 7. Right to Educational Advancement and Training at Reasonable and 
10 
Affordable Costs. - Seafarers shall have access to educational advancement 
II 
and training at reasonable and affordable costs. 
12 
13 
Toward this end, relevant government agencies shall: 
14 
15 
(a) Regulate the operation of all educational, training, and review institutions 
16 
offering courses related to seafaring; 
17 
18 
(b) Pursue grant programs such as scholarships, subsidies, loan assistance 
19 
and other measures that will harness the skills of Filipino seafarers toward 
20 
greater competitiveness to new demands in the industry; and, 
21 
22 
(c) Promote quality maritime education and training that respond to the needs 
23 
of the industry Bind in accordance with international maritime standards. 
24 
25 
26 
SEC. 8. Right to Relevant Information. - Seafarers shall have adequate and 
27 
relevant information mgarding their rights, benefits, obligations, conditions and 
28 
realities attendant to their profession, their duties, responsibilities and obligations. 
29 
30 
Towards this end, manning agencies, and other organizations responsible for the 
31 
recruitment and placement of Filipino seafarers shall be mandated to provide 
32 
seafarers information on the computation and payment of salaries and specific 
33 
privileges and benefits available in their contract of employment. 
34 
35 
36 
SEC. 9. 
Right to Consultation. -
Seafarers and seafarers' organizations or 
37 
unions as well as concerned maritime industry representatives shall be 
38 
adequately consulted before adopting any policy, law, executive issuance, rule or 
39 
regulation that may directly or indirectly affect them and/or their families and 
40 
beneficiaries. 
41 
42 
43 
SEC. 10. Right Against Discrimination. - Seafarers shall have the right against 
44 
discrimination by sole reason of race, sex, religion and political opinion. Career 
45 
opportunities shall be promoted and appropriate working and living conditions 
46 
shall be guaranteed equally among male and female seafarers. 
47 
48 
49 
SEC. 11. 
Right to Legal Representation. -
Seafarers who are victims of 
50 
violations of the provisions of this Act, shall have the right to free legal assistance 
51 
and protection at government's expense. 
52 
53 
54 
SEC. 12. Right to Access to Communication. -- Seafarers, especially during their 
55 
free tirne or off-duty, shall be given access to communication and they shall be 
56 
allowed to use the internet, mobile phone and other communication facilities. 
57 
5 


1 
Chapter III - Seafarer's Duties 
2 
3 
4 
SEC. 13. Seafarer shall have the following duties: 
5 
6 
1. To comply with and observe the terms and conditions of his/her 
7 
employment contract; 
8 
9 
2. To abide by the Code of Discipline; 
10 
11 
3. To be obedient to the lawful commands of the Master or any person who 
12 
shall lawfully succeed him and to comply with the shipowner's/principal's 
13 
policy on safety and operational procedures and instructions given in 
14 
connection therewith; 
15 
16 
4. To be diligent in his duties relating to the ship, its stores and cargo, 
17 
whether on board, in boats or ashore; 
18 
19 
5. To conduct himself at all times in an orderly and respectful manner 
20 
towards shipmates, passengers, shippers, stevedores, port authorities, 
21 
and other persons who have official business with the ship; 
22 
23 
6. To take personal responsibility for his health at all times by practicing a 
24 
healthy lifestyle. 
25 
26 
27 
Chapter IV - Minimum Requirements for Seafarers 
28 
29 
30 
SEC. 14. Minimum Age. - No person below eighteen (18) years old shall be 
31 
employed, engaged, or otherwise allowed to work on board a coastal or ocean-
32 
going ship. 
33 
34 
35 
SEC. 15. Medical CE1rtificates. - No seafarer shall be employed, engaged, or 
36 
otherwise allowed to work on board a coastal or ocean-going ship unless certified 
37 
as medically fit to perform his/her duties. 
38 
39 
Seafarer shall hold a medical certificate issued by a medical facility duly 
40 
accredited by the Department of Health. 
41 
42 
The medical certificate shall certify that the person is expected to be able to meet 
43 
the minimum requirements for performing the duty specific to his/her post at sea 
44 
safely and effectively dluring the period of validity of the certificate. 
45 
46 
The validity of the medical certificate shall not exceed a period of two (2) years. 
47 
48 
49 
SEC. 16. Ec1ucation.- Seafarer must have at least successfully completed the 
50 
required academic requirements for a maritime degree provided for in the 
51 
curriculum approved by the Commission on Higher Education, or must have 
52 
completed the basic training courses for the position applied for as required by 
53 
TESDA for ratings. The implementing rules and regulations of this Act shall set 
54 
the educational and/or training requirements for each classification of seafarers. 
55 
56 
6 


1 
SEC. 17. 
Training. -- No seafarer shall be employed, engaged, or otherwise 
2 
allowed to work on board a coastal or ocean-going ship unless helshe is properly 
3 
trained and certified as; competent or otherwise qualified to perform his/her duties 
4 
on 
board 
in 
accordance with the standards of international maritime 
5 
convention(s) providing for seafarer's training, qualification, competency or 
6 
certification. 
7 
8 
9 
SEC. 18. Recruitment' and Placement. Unless otherwise provided under this Act 
10 
and/or Its Implementln!~ rules and regulations, no amount or fee shall be charged 
11 
in the recruitment and placement of a seafarer. 
12 
13 
Only duly licensed manning or placement and recruitment agency shall be 
14 
allowed to operate and engage in the recruitment and placement of seafarers, in 
15 
accordi;lnce with the r~lles and regulations as may be issued by the Secret",ry of 
16 
Labor and Employment.·· 
. 
. 
. 
17 
18 
DOLE regUlations shalll govern the recruitment and placement and/or contracting 
19 
and subcontracting work arrangement of seafarers. 
20 
21 
Seafarers shall be compensated for monetary loss that may be incurred as a 
22 
result of the failure of recruitment and placement service or the relevant 
23 
shipowner under the seafarer's employment agreement to meet its obligations by 
24 
way of insurance or an appropriate measure. 
25 
26 
27 
Chapter V. Terms and Condition of Employment 
28 
29 
30 
SEC. 19. Standard Employment Agreement for Seafarers. - There shall be an 
31 
agreement in writing between the shipowner and the seafarer, which shall 
32 
include the following terms: 
33 
~~ 
a) the seafarer's full name, date of birth or age, and birthplace; 
~9 
b) the shipowner's name and address; 
38 
c) the place where and date when the seafarer's employment 
~6 
Cigreement i:? entered into; 
ti 
d) the capacity in which the seafarer is to be employed; 
43 
e) the amount of the seafarer's salary, and the formula used for 
~~ 
calculating the same; 
j9 
f) hours of work; 
48 
g) wages and wage-related benefits, which include the followin~: 
49 
overtime pelY, holiday pay, premium pay, paid leaves, 13 h 
~? 
month pay; 
52 
h) social security and welfare benefits; 
53 
S~ 
i) stipulation on repatriation or similar undertakings; 
~9 
j) SePaf!;Ition pay. and retirement Pay; and 
58 
k) other benefits in accordance with law, company policy or 
59 
agreements. 
60 
61 
7 


1 
The foregoing employment agreement shall be in a working language and in 
2 
English, executed in three (3) original copies before the commencement of the 
3 
employment. The shipowner and the seafarer shall each have a signed original 
4 
of the agreement. A signed original shall be made available onboard the ship. 
5 
6 
When there is a collective bargaining agreement, a copy thereof must be 
7 
maintained onboard the ship. 
8 
9 
However, for overseas Filipino seafarers the Standard Employment Contract 
10 
(SEC) apl'lfOved by the governing board of POEA shall be observed; Provided, 
11 
that in the absence of a reliever, the employment contract of a seafarer shall not 
12 
be extended more tha.n three (3) months from the date of the expiration of the 
13 
contract, in which caSIE! the seafarers shall be allowed to disembark or shall be 
14 
repatriated to the point of hire. 
15 
16 
17 
SEC . . 20. Wages. - Upon effectivity of this Act, the Regional Tripartite Wages 
18 
and Productivity Boards shall set the minimum wage rates of the seafarers on-
19 
board ships engaged ill domestic shipping, taking into account the peculiarities of 
20 
the employment arran!gement of seafarers. Provided, that wages for actual work 
21 
hours and days shall not be lower than the applicable minimum wage rates in the 
22 
domicile or head office of the shipowner, whichever is higher. Wages shall be 
23 
paid at least once every two weeks or twice a month at intervals not exceeding 
24 
sixteen (16) days. 
25 
26 
27 
SEC. 21. Freedom to Stipulate. - The seafarer and the shipowner are allowed to 
28 
stipulate and mutually agree on other terms and conditions exceeding the 
29 
minimum standards, provided that the additional provisions are mutually 
30 
beneficial to both parties and are not contrary to law, public policy and morals. 
31 
32 
33 
SEC. 22. 
Hours of work and hours of rest. - The normal hours of work of 
34 
seafarer shall be eight (8) hours but in no case exceed fourteen (14) hours in any 
35 
24-hour period and seventy-two (72) hours in any -T-day period. 
36 
37 
The minimum hours of rest for seafarers shall not be less than 10 hours in any 
38 
24-hour period and 77 hours in any 7-day period. 
39 
40 
Provided that, for ships licensed to engage in coastal trade only the rules found 
41 
in Book Three, "Conditions of Employment ", Title I "Working Conditions and Rest 
42 
Periods", Chapter I, "Hours of Work", Chapter II, "Weekly Rest Periods", And 
43 
Chapter II, "Holidays, Service Incentive Leaves and Service Charges" of the 
44 
"Labor of the Philippines", Presidential DeCree No. 442 as amended, shall 
45 
continue to apply and shall be considered as substantially complying with 
46 
internatiQm;ti standaf(;I~;, 
47 
48 
SEC. 23. Paid Annual Leave. - Whenever applicable. the seafarers shall be paid 
49 
an annual leave to be ca!cul"ted on the basis of a minimum of 2.5 c<Jlendar days 
50 
per month of employment. 
5! 
52 
53 
Chapter VI - Repatriation 
54 
55 
56 
SEC. 24. Repatliation. - Seafarers shall be entitled to repatriation. All costs 
57 
related to the repatriation and I or transport of the personal effects of a seafarer 
8 


1 
shall be borne by or charged to the shipowner and manning or crewing agency 
2 
concerned. The expenses of repatriation shall include the transportation charges, 
3 
the accommodation and the food of the seafarer during the journey. However, in 
4 
cases where the termination of employment is due solely to the fault of the 
5 
seafarer, the shipownm or manning/crewing agency shall not in any manner be 
6 
responsible for the repatriation of the former and/or his/her personal effects. 
7 
8 
9 
SEC. 25. Mandatory F?epattiation of Underage Seafarers. - Upon discovery or 
10 
Information of a Filipino seafarer whose actual age falls below eighteen (18) 
11 
years of age, the nlearest Philippine consulate office shall, without delay, 
12 
repatriate the said seafarer and advise the DFA and DOLE as soon as possible 
13 
of such discovery and .other relevant information. 
14 
15 
16 
SEC. 26. Emergency Repatriation. -The DOLE, in coordination with the OWWA 
17 
and the DFA, shall undertal<e the repatriation of seafarers in cases of war, 
18 
epidemics, abandonment of ships by shipowners, disasters or calamities, natural 
19 
or man-made, and oth'9r similar events without prejudice to reimbursement by the 
20 
responsible shipowner or manning crewing agency. 
21 
22 
23 
SEC. 21. 
Repatriation in Case of Coastal Vessels. -
The provIsions on 
24 
repatriation shall also apply to seafarers working on coastal vessels. 
25 
26 
27 
IChapter VII. Manning Requirement 
28 
29 
30 
SEC. 28. 
Manning Levels. - All ships of Philippine registry shall have the 
31 
required minimum manning levels in accordance with the requirements set by 
32 
MARINA. 
33 
34 
Every ship shall be manned by a crew that is adequate in terms of size and 
35 
qualifications taking il1to account the need to operate the vessel safely and 
36 
efficiently. 
37 
38 
39 
SEC. 29. Crew Competence. - Every member of the crew of a ship of Philippine 
40 
Registry shall possess the appropriate certificate of competency setting forth his 
41 
competence to serve in the capacity and perform the functions involved at the 
42 
level of responsibility, for the position held, for the type, tonnage, power, means 
43 
of propulSion, and trading patterns of the ship concerned. 
44 
45 
The certificate of competency shall attest to the fact that the seafarer to whom it 
46 
is issued meets the requirements for service, age, medical fitness training, 
47 
qualification, and examinations for the position held. 
48 
49 
50 
SEC. 30. Registry of Seafarers. - The POEA, for ocean-going ships of foreign 
51 
registry and MAHINA for coastal and ocean-going ships of Philippine registry 
52 
shall maintain a regi~itlY of all seafarefs in the Flhilippines. The registFY shall 
53 
contain the following information: 
54 
55 
a. The name of the seafarer; 
56 
b. Qualifications; 
57 
Q. ReGard of employment; 
9 


1 
d. Education and training; 
2 
e. Current certificatl3s; 
3 
f. Occupational category. 
4 
5 
Such other relevant information shall be included in the registry that will allow the 
6 
relevant agency to promote employment opportunities for seafarers whether on 
7 
board or ashore, or allow for further training and education to support skills 
8 
development and competencies of seafarers in order to secure or improve 
9 
employment opportunities. 
10 
11 
12 
Chapter VIII - Accommodation, Recreational Facilities, Food and Catering 
13 
14 
15 
SEC. 31. 
Application, -
The requirements of this Chapter for crew 
16 
accommodation and r,ecreational facilities covering ships of Philippine Registry 
17 
shall be applicable to tlhe following: 
18 
19 
(a) All ocean-going ships and coastal ships constructed on or after the date 
20 
when the Maritime Labor Convention of 2006 come into force; 
21 
22 
(b) All second hand ships, whether ocean-going or coastal, acquired or 
23 
leased, and entered in the Philippine Registry after the entry date into 
24 
force of the said Convention unless provided exemption by the relevant 
25 
Philippine government agency; 
26 
21 
(c) All ships constwcted prior to the entry into force of the Maritime Labor 
28 
Convention, 2006, as the case may be, which undertake major or sUbstantial 
29 
structural alterations after the entry into force of the Convention unless 
30 
provided exemption by the relevant Philippine government agency. 
31 
32 
33 
SEC. 32. Accommodation Facilities. - Unless otherwise exempted herein or by 
34 
appropriate regulations, all ship of Philippine registry shall have safe, recent and 
35 
adequate accommodations for seafarers taking into account the need to protect 
36 
the health and safety of seafarers working or living on board. 
37 
38 
39 
SEC. 33. Requirememts for Sanitation. - All ships of Philippine registry shall 
40 
have access to sanitation facilities meeting the minimum standards for health and 
41 
hygiene. The sanitation facilities shall be located at convenient places, allowing 
42 
for easy access to work stations. Separate facilities shall be provided for male 
43 
ancj female Grew. 
44 
45 
46 
SEC. 34. Recreational Facilities. -
Unless otherwise exempted herein or by 
47 
appropriate regulations, all ships of Philippine registry shall have recreational 
48 
facilities, amenities, and services appropriate for seafarers. 
49 
Coastal ships are exempted from this requirement considering the trading 
50 
patterns and length of voyages of such ships which allow the crew to go home or 
51 
to have access and make use of comparable facilities on land. 
52 
53 
54 
SEC. 35. 
Food and Catering. - The shipowner shall ensure protection and 
55 
promotion of the health of the seafarer. Whenever applicable,shipowners shall 
56 
ensure that ships carry onboard and serve free food and drinking water of 
57 
appropriate quality, quantity and nutritional value that adequately cover the 
10 


requirements of the slhip and take into consideration the differing cultural and 
2 
religious backgrounds. The foods and drinks and the preparation thereof shall be 
3 
in accordance with the standards of the Sanitation Code of the Philippines and 
4 
pertinent laws, rules and regulations. 
5 
6 
7 
Chapter IX e- Health Protection and Medical Care 
8 
9 
10 
SEC. 36. 
Med/eal Care Onboard Ship and Ashore. ~ The shipowner shall 
11 
provide adequate medical services and medicine chest onboard, and access to 
12 
shore facilities for the protection of the health of the seafarers, as well as the 
13 
corresponding medical and/or trained personnel who shall provide first-aid and 
14 
medical care pursuant to the Occupational Safety and Health Standards and 
15 
other pertinent laws, mles and regulations. 
16 
17 
The shipowner shall ensure that seafarers have access to treatment for sickness 
18 
or injury, hospitalization and dental treatment. 
19 
20 
The seafarer shall have the right to consult a qualified physician or dentist 
21 
without delay in ports of call, where practicable. 
22 
23 
SEC. 3"1. Shipowners' Liability. - Without prejudice to existing laws and policies, 
24 
collective bargaining agreement or other applicable employment agreement, the 
25 
shipowner shall be responsible for the health protection and medical care for 
26 
seafarers with respect to sickness and injury, for compensation in case of death 
27 
or long term disability due to occupational injury, Illness or hazard, for payment of 
28 
expenses for medical care and treatment until recovery or until the seafarer's 
29 
illness or incapacity is declared permanent in character, and for payment of burial 
30 
expenses. 
31 
32 
33 
SEC. 38. 
Maritime Occupational Safety and I-Iealth Standards. - The DOLE 
34 
shall formulate guidelililes for the implementation of the occupational safety and 
35 
health policy and program for seafarers. 
36 
37 
38 
Chapter X - Welfare and Social Security Protection 
39 
40 
41 
SEC. 39. Sooial Welii3re Benefits. - Without prejudice to established company 
42 
policy, collective bargaining agreement or other applicable employment 
43 
agreement, all seafarers shall be entitled to coverage for social welfare benefits 
44 
such as Pag-IBIG Fund (Republic Act No. TT42) and PhilHealth (Republic Act 
45 
No. 7875, as amended by Republic Act No. 9241) Employees' Compensation 
46 
LaW(Presidential Decfl~e No, 6:26), and the Social $ecyrity \..aw (RePlIblic Act No 
47 
1161 as amended by Hepublic Act No. 8282), and other applicable laws. 
48 
The cost of health ser{ices for the sickness and injuries suffered by the seafarer 
49 
shall be covered by mandatory SQcial welfi,lre programs under existing laws, 
50 
51 
52 
Challter XI - Compliance and Enforcement 
53 
54 
55 
SEC. 40. Complianoe. - All ships of Philippine registry shall comply with the 
56 
provisions of this Act. The shipowner or master shall ensure the compliance of 
57 
the ship with this Act and its implementing rules and re\Julations. 
11 


The shipowner and master shall be made principally liable for any violation of the 
2 
provisions of this Act and its implementing rules and regulations. 
3 
4 
5 
SEC. 41. Enforcement. - For purposes of this Act, the Secretary of Labor or 
6 
his/her duly authorized representative, shall have the sole and exclusive authority 
7 
to inspect all ships, coastal or ocean-going, regardless of their flag state to 
8 
ensure compliance with the provisions of this Act. 
9 
10 
The Secretary of Labor may authorize other government agencies or duly 
11 
recognized organizations in the enforcement of the provisions of this Act and its 
12 
implementing rules and regulations. 
13 
14 
Unless directly exercised by the Secretary of Labor, the duly authorized 
15 
representative shall have the power to board ship and carry out any examination, 
16 
test or Inquiry which they may consider necessary in order to satisfy themselves 
17 
that the standards are strictly observed. 
18 
19 
The Secretary of I_abor and 
Employment or his/her duly authorized 
20 
representative shall have the power to order immediate correction of, and impose 
21 
fine for, violatiQn~ of the provi~ions of this Aret. 
22 
23 
If the violation or deficiency constitutes serious breach of the requirement of this 
24 
Act and its implementing rules and regulations or poses imminent danger to the 
25 
ships, and/or to the life or limbs of the seafarer, the Secretary of Labor or his/her 
26 
duly authorized representative may order the detention of the ship until the 
27 
violation or deficiency is corrected. 
28 
29 
30 
SEC. 42. Maritime l.abour Certificate and Declaration of Maritime l.abour 
31 
Compliance. -
All ships of Philippine registry shall have a maritime labour 
32 
certificate issued by the Secretary of Labor or his/her duly authorized 
33 
representative. 
34 
35 
All ship!? of Philippine registry $h(:lll also have (:I declaration of maritime labour 
36 
compliance drawn up by the shipowner or master. 
37 
38 
A ship of less than 500 gross ton shall not be required to have a maritime labour 
39 
certificate and declaration of maritime labour compliance. 
40 
4\ 
A m~ritime I~Qowr certificE!te Shall Q(;l v~lid for tilre(;l (3) ye(:lrs ::;wbject t9 renewal, 
42 
43 
Intermediate inspection may be conducted during the validity of the maritime 
44 
I\iQour certificate. 
45 
46 
47 
SEC. 43. 
Recogniz.ed Organization. -
Recognized Organizations shall be 
48 
authorized by the Secretary of Labor to conduct inspection and issue certification 
49 
in accordance with the provisions of this Act and its implementing rules and 
50 
regulations. 
51 
52 
A recognized organization shall have the necessary knowledge of the 
53 
requirements of this Act and its implementing rules and regulations, Maritime 
54 
Labour Certificate, 2006 and other relevant international treaty or convention. 
55 
56 
57 
12 


I 
A recognized organization shall also have the necessary and qualified 
2 
professional, technical and support expertise to c:arry out the conduct of 
3 
inspection and issuance of c:ertification. 
4 
5 
6 
Chapter XII- Termination of Employment 
7 
8 
9 
SEC. 44. Termination of Employment. -
10 
11 
1) The shipowner, master or their representative may, after notice and 
12 
hearing, terminate the services of the seafarer working on ocean-going 
13 
ships any time before the expiration of the contract for any grounds as 
14 
may be stipulated therein, or under the company rules and regulations or 
15 
code of discipline. A seafarer working on oCean-going ships may, by mere 
16 
service of notice, terminate his or her services any time before the 
17 
expiration of the contract for any grounds as may be stipulated therein or 
18 
tinder company rules and regulations. 
19 
20 
2) Seafarer working on coastal ships may, by mere notice, terminate his or 
21 
her services for any of the following causes: 
22 
23 
a) Serious 
insult on the honor and person of the seafarer by 
the 
24 
shipowner, master or their representative; 
25 
b) Inhuman treatment of the seafarer by the shipowner, master or their 
26 
representative; 
27 
c:) Commission of a c:rime or offense against the seafarer by the 
28 
shipowner, master of their representative; and, 
29 
d) Other causes analogous to the foregoing. 
30 
31 
32 
3) A shipowner may, after notice and hearing, terminate the services of a 
33 
seafarer workin:g on coastal ships for any of the following causes: 
34 
35 
a) Serious misconduct or willful disobedienc:e by the seafarer of the 
36 
lawful ordelr of the shipowner, master of their representative in 
37 
connec:tion with his or her work; 
38 
b) Gross or habitual neglect by the seafarer of his or her duties; 
39 
c) Fraud or willful breach by the seafarer of the trust reposed in him or 
40 
her by the shipowner, master or their representative; 
41 
d) Commission of 1;1 crime Qf offense by the se1;lfarer against the Person of 
42 
the shipowner, master or any immediate member of his or her family; 
43 
and, 
44 
e) Other callses analogous to the foregoing. 
45 
46 
Chapter XIII - Settlement of Disputes 
47 
48 
49 
SEC. 45. On-board and Ons/lOre Complaint Procedure. - All ships of Philippine 
50 
registry shall develop and implement a fair, effective and expeditious on-board 
51 
1;Ind on,shQrf:) complaint procedurf:)s in aCC:Qrdance with the implf:)menting rules 
52 
and regulations of this Act. 
53 
13 


1 
All disputes including violation of the provIsions of employment agreement, 
2 
termination cases andl claims for damages arising from employment involving 
3 
seafarers shall under!)o a conciliation and mediation proceedings before the 
4 
National Conciliation and Mediation Board. 
S 
6 
Unresolved disputes including violation of the prOVISions of employment 
7 
agreement, termination cases and claims for damages arising from employment 
8 
involvillg seafarers shall be wittlin the jurisdiction of the Labor Arbiters of the 
9 
National Labor Relations Commission. 
10 
II 
Voluntary arbitrators or panel of voluntary arbitrators, upon agreement of the 
12 
parties, may also hea.r and decide all disputes including violation of contract, 
13 
termination and claims for damages arising from employment involving seafarers. 
14 
15 
16 
SEC. 46. 
Mandatory Conciliation-Mediation. -
Seafarers may avail of the 
17 
conciliation-mediation services of the DOLE pursuant to Republic Act 10396 and 
18 
its Implementing Rules and Regulations, by filing a request for assistance before 
19 
the conciliation-mediallion desks at the Regional/Field/Provincial Offices of the 
20 
DOLE. 
21 
22 
23 
Chapter XIV .- Reintegration for Overseas Filipino Seafarers 
24 
25 
26 
SEC. 47. 
Reintegmtion. -
For overseas Filipino seafarers, returning or 
27 
unemployed seafarers may avail of the livelihood development, training programs 
28 
and placements services offered by concerned government agencies, including 
29 
OWWA and TESDA, TLC, and the CDA. 
30 
31 
These agencies shall formulate skills upgrading or retraining curricula to meet the 
32 
nE)'?OS Of rE)tl!rning or unE)mployeo seafarers. The partiGip~tion of thE) maritime 
33 
industry, in particular, port and shipping industry, and maritime educational 
34 
institutions shall be likewise solicited by the DOLE in devising the appropriate 
35 
retraining and local job placement programs for unemployed seafarers. 
36 
37 
The National Reintegration Center for OFWs (NRCO) shall attend to the needs of 
38 
returning seafarers. The Center shall provide a rnechanism for their reintegration 
39 
into the Philippine society, serve as a promotion house for their local 
40 
employment, and tap their skills and potentials for national development. 
41 
42 
43 
Chapter XV - Incentives and Awards Granted to the Maritime Industry 
44 
45 
46 
SEC. 48. Inc;;entives and Award$. - There shall be Elstablished an inc,?ntives and 
47 
awards system for the maritime industry stakeholders which shall be developed 
48 
and administered by the concerned government agency. 
49 
50 
Under such rules and regulations that may be promulgated, deserving ship 
51 
owners, seafarers, manning and other organizations or entities shall be 
52 
incentivized or awardl'ld for their outstanding performance in upholding the rights 
53 
of seafarers or complying with this Magna Carta. 
54 
55 
56 
57 
14 


---------- --------
1 
Chapter XV - Government Agencies 
2 
3 
4 
5£;<;. 49, ROlf} of (1Qv/1rnmf}nt Agf}{1cif}$. - Till'} folloWing government ~gencies 
5 
shall perform the following functions to promote the welfare and protect the rights 
6 
of Filipino seafarers: 
7 
8 
a) Department of Labor and Employment. The DOLE shall ensure that the 
9 
standards set forth under this Act, Presidential Decree No. 442, as 
10 
amended, and other laws, the Maritime Labour Convention, 2006 and 
II 
other international treaties and conventions to which the Philippines is a 
12 
signatory are faithfully complied with and fairly applied to Filipino 
13 
seafarers; 
14 
15 
b) To this end, the DOLE shall establish an effective system for the 
16 
inspection and certification to ensure that the working and living conditions 
17 
of seafarers ape met and continue to be met pursuant to the Maritime 
18 
Labour Convention 2006; 
19 
20 
c) Department of Foreign Affairs. The DFA, through its home offices or 
21 
foreign posts, shall take priority action or make representation with the 
22 
foreign authority concerned to protect the rights of Filipino seafarers and 
23 
extend immediate assistance, including the repatriation of distressed or 
24 
beleaguered Filipino seafarers; 
25 
26 
d) Department of Health. - The Department of Health (DOH) shall regulate 
27 
the activities and operations of all clinics which conduct niedical, physical, 
28 
optical, dental, psychological and other similar examinations, hereinafter 
29 
referred to as health examinations, on Filipino seafarers; 
30 
31 
The Department of Health shall determine and prescribe the nature of the 
32 
mf;lc!ici:ll eXi:lminatiQn thi:lt shall be reqvirecl of a seafarer. ensuring that 
33 
such examination will genuinely determine the seafarer's state of health, 
34 
considering the duties that helshe shall be required to perform on board. 
35 
The DOH shall likewise prescribe the contents of the medical certificate to 
36 
ensure that such certification will genuinely reflect the seafarer'S state of 
37 
health. 
38 
39 
e) Philippine Overseas Employment Agency. The POEA shall look into and 
40 
improve on the working conditions and terms of employment of the officers 
41 
and crew of vessels of Philippine registry, and of such officers and crew 
42 
members who are Filipino citizens and employed by foreign vessels; 
43 
develop an effective system of monitoring and gathering welfare concerns 
44 
for purposes of determining future welfare programs, monitoring existing 
45 
welfare activities and addressing current welfare issues prioritize 
46 
according to urgency; 
observe and conduct a comprehensive and 
47 
updated system of pre-departure orientation seminars or briefings to 
48 
departing 
seafarers 
and 
other maritime workers; 
scheduled 
for 
49 
deployment. It shall also undertake studies and distribute relevant 
50 
materials for use in pre-departure orientation seminars of maritime 
51 
workers and other related activities; accredit, regulate and supervise 
52 
predeparture olFientation seminars or briefings of authorized manning Of 
53 
crewing agencies; formulate and undertake programs and projects for the 
54 
effective and efficient utilization of the seafarers' welfare fund; provide 
55 
services to assist niaritime workers and their immediate dependents and 
56 
families; and perform such other duties as may be essential in giving 
~7 
assistance to sE1afarers and th(ljrf!lrnilies; 
15 


1 
f) Overseas Workers Welfare Administration. - The OWWA through its 
2 
welfare officer or in his absence, the coordinating officer, shall provide the 
3 
Filipino seafarews and his family all the assistance they may need in the 
4 
enforcement of contractual obligations by agencies andlor by their 
5 
principals. 
6 
7 
The OWWA shall likewise formulate and implement welfare programs for 
8 
overseas Filipino seafarers and their families while they are abroad and 
9 
upon their retum. It shall ensure the awareness by the overseas Filipino 
10 
workers and :thelr families of tnese programs and otner related 
1 J 
governmental programs. 
12 
13 
g) Commission on Higher Education (CHED), TESDA and MTC shall ensure 
14 
the promotion of quality and efficiency in maritime education through 
15 
advocacy and accountability. 
16 
17 
h) Commission on Higher Education and the Technical Education and Skills 
18 
Development Authority. The CHED and the TESDA shall ensure that the 
19 
curricula for the seafarers' education and training are in consonance with 
20 
the demands of global maritime industry as well as with the requirements 
21 
of STCW '78, as amended. 
22 
23 
i) Commission on 
Higher Education and MARINA. The CHED, 
in 
24 
coordination with MARINA, and maritime schools and training institutions, 
25 
shall be responsible for the continuous and comprehensive research, 
26 
review and upgrading of the system of education, training, certification and 
27 
recruitment of all maritime schoolS and Institutions, as well as the manning 
28 
or crewing agencies and regulatory commissions. 
29 
30 
j) Maritime Industry Authority. The MARINA shall be responsible in the 
31 
formulation, adoption and enforcement of regulations governing the quality 
34 
1!tandards and mechanisms of tr<lining anci compt:lten<;:e of local seafarers. 
33 
34 
Unless otherwise prollided in this Act, the mandate, power and function of all 
35 
existing department, ;agency and instrumentality of the government including 
36 
government owned and controlled corporation shall remain and continue to be 
37 
recognized in accordance with the law or order creating them. 
38 
39 
40 
SEC. 50. 
Philippine Seafarer One Stop Processing Center (PSOC). -
The 
41 
PSOC, as established! under Administrative Order No. 56, has been tasked to 
42 
operationalize and make available to the public, an integrated document 
43 
processing center for the seafarers and the general public to conduct official 
44 
transactions. 
45 
46 
PSOC shall Ilave the ~ervi<;:es of the following government offices: 
47 
48 
a) Department of L.abor and Employment; 
49 
b) Department of Foreign Affair!l; 
50 
c) Department of Health; 
51 
d) Philippine Oven~eas Employment Administration; 
52 
e) Overseas Workers Welfare Administration (OWWA); 
53 
f) Commission on Higher Education (CHED); 
54 
g) Professional Regulation Commission (PRC); 
55 
h) Technical Education and Skills Development Authority (TESDA); 
56 
i) 
Maritime Industry Authority (MARINA); 
57 
j) National Telecommunications Office (NTC); 
16 


1 
k) Department of Foreign Affairs (DFA); 
2 
I) 
National Bureau of Investigation (NBI); 
3 
m) Social Security :System (SSS); 
4 
n) Phill-iealth 
5 
0) Pag··IBIG Fund; 
6 
p) Philippine Coast Guard (PCG); 
7 
q) National Statistics Office (NSO); and 
8 
r) Such other govmnment offices that the Secretary of DOLE may deem 
9 
necessary. 
10 
11 
12 
Chapter XVI. Penal Provisions 
13 
14 
15 
SEC, 51. Any public officer or employee, organiz:ation or person who, without 
16 
proper delegation, exercises the authority granted to the Secretary of Labor shall 
17 
be punished of a fine of not less than ten thousand pesos (Pi0,OOO.OO) nor more 
18 
than forty thousand pesos (P40,QOQ.QQ), or imprisonment of not less than one (1) 
19 
year nor more than four (4) years, or both at the discretion of the court. 
20 
21 
22 
SEC. 52. Any public officer or employee, organization or person who, without 
23 
proper delegation, exercises the authority granted to the Secretary of Labor shall 
24 
be punished of punished with a fine of not less than ten thousand pesos 
25 
(P10,OOO.OO) nor mOrE! than forty thousand pesos (P40,OOO.OO), or imprisonment 
26 
of not less than one (1) year nor more than four (4) years, or both at the 
27 
discretion of the court. 
28 
29 
30 
SEC. 53. Any shipowner, master, their representatives or other person who 
31 
denies or refuses the Secretary of Labor, his duly authorized representative or 
32 
the duly recogniz:ed organi;!tltiQn to l:iGGess tQ, bQl:ird, and inSPect the ship or any 
33 
part thereof or its prindpal place of office, or branch office or any part thereof to 
34 
determine compliance with this Act shall be punished of punished with a fine of 
35 
not less than one hundred thousand pesos (P100,OOO.OO) nor more than four 
36 
hundred thousand pesos (P400,OOO.OO), or imprisonment of not less than one (1) 
37 
year nor more than four (4) years, or both at the discretion of the court. 
38 
39 
40 
SEC. 54. Any shipowner, master, their representatives or other person who fails 
41 
or refuses to present employment records such as payrolls, daily time records, 
42 
payslip, or other when required by the Secretary of Labor, his duly authorized 
43 
representative or the duly representative of recognize organization shall be 
44 
punished of punished with a fine of not Jess than one hundred thousand pesos 
45 
(P100,OOO.OO) nor more than four hundred thousand pesos (P400,OOO.OO), or 
46 
imprisonment of not le!ss than one (1) year nor more than four (4) years, or both 
47 
at the discretion of the court. 
48 
49 
50 
SEC. 55. Investigation of Complaints. - The DOLE and POEA shall investigate 
51 
and take appropriate action on any complaint concerning any violations of this 
52 
Act and its implementilng rules arid regulations. 
53 
54 
55 
SEC. 56. Prescriptive Periods. - <Jffenses defined and penalized under this Act 
56 
shall prescribe in five (5) years: Provided, however, that illegal recruitment cases 
17 


involving economic sabotage as defined herein shall prescribe in twenty (20) 
2 
years. 
3 
4 
5 
Chapter XVII - Final Provisions 
6 
7 
8 
SEC. 57. Implementing Rules and Regulations. - the DOLE, in coordination 
9 
with the DFA, MARINA and other agencies concerned shall formulate its rules 
10 
and regulations within ninety (90) days after the effectivity of this Act. 
11 
12 
13 
SEC. 58. Separability Clause. -, If, for any reason, any section, clause or term of 
14 
this Act is held to be illegal, invalid, or unconstitutional, such parts not affected by 
15 
such declaration shalilremain in full force and effect. 
16 
17 
18 
SEC. 59. 
Repealing Clause. -
All laws, presidential decrees, or issuance, 
19 
executive orders, leiters of instruction, rules or regulations inconsistent with the 
20 
provisions of this Act are hereby repealed or modified accordingly. 
21 
22 
SEC. 60. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
23 
publication in the OffiGial Gazette or in at least two (2) newspapers of general 
24 
circulation, whichever Gomes first. 
25 
26 
27 
28 
29 
30 
Approved, 
18