Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

RECEIVED,

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EIGHTEENTH CONGRESS
First Regular Session
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House Bll No_ 229 SLnex wy
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Introduced by Representative ROSE MARIE J. ARENAS

AN ACT PROTECTING SEAFARERS WHO SUFFER SERIOUS INJURY OR
DEATH, AND THEIR FAMILIES

EXPLANATORY NOTE

Filipino seafarers sacrifice so much being onboard vessels for months, exposing
themselves to the dangers of the ship and the sea, away from their families and friends, just to
uplift the lives of their families. In the process, they substantially contribute to our national
economy. In times of serious injury or death, our seafarers and their families should be
treated with the highest degree of dignity and respect. They are not chattel that can just be

discarded once deemed inutile.

Further, the death at sea of a seafarer is a very painful experience for the family,
especially because of their absence during the final moments of their loved ones. Sometimes
their grief is further prolonged for various reasons such as a refusal of the foreign principal to
furnish them a copy of the master's report involving the seafarer’s death, or the delayed

shipping of the late seafarer's personal effects.

This bill was filed consistent with the mandate of our Constitution, which affirms
18, and affords full

protection to labor, both local and overseas, under Article XIII, Section 3. Further, Article Il,

labor as a primary social economic force under Article Il, Secti

Section 12 of the Constitution recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution. In line with this policy, we
must extend the greatest protection to seafarers and their families during times of death,

serious injury, and unburden them with their grief as much as we can.



It is a perceived notion of many Filipinos that working overseas offers better opportunities for
employment and higher source of income. Once in foreign soil or in the high seas however,
they become vulnerable to various sorts of perils. Unfortunately, many of our migrant
workers, both land-based and sea-based, are either subject to abuses or ill-treatment by their
employers or get into accidents or illnesses. In the worst cases, they die, leaving families with

no sufficient source of livelihood, and their children unable to finish their education.

This proposed measure seeks to establish an educational scholarship program for the
immediate dependents of OFWs who died or suffered total and permanent disabilities while
working abroad. As they dauntlessly risk their lives and limbs to uplift the welfare of their
families, and ultimately our nation, such a scholarship program is but a small, but meaningful
way of giving back to them. Indeed, an institutionalized program, which would assure OFW
dependents of a state-funded educational support in case of their death or permanent
disability, would be a fitting recognition of their invaluable contribution to our economy.

This bill was first introduced by ANGKLA partylist during the 17" Congress.

heSbate—

Representgife
3" District, Pangasianan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

330

House Bill No.

Introduced by Representative ROSE MARIE J. ARENAS

AN ACT PROTECTING SEAFARERS WHO SUFFER SERIOUS INJURY OR
DEATH, AND THEIR FAMILIES.

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Sec. 1. Declaration of Policy. - The State affirms labor as a primary social
economic force, and shall afford full protection to overseas Filipino workers such as
seafarers. Further, the State recognizes the sanctity of family life and shall protect and
strengthen the family as a basic autonomous social institution, especially the families of
seafarers who are separated from their loved ones working on board vessels, and risking
their health and life to earn a living.

Sec. 2, Rights of Seafarer's Heirs. - In case a seafarer suffers death/serious injury
onboard a vessel, or at any other place outside the Philippines, the seafarer and/or his/her
heirs shall be entitled to the following:

(a) A letter from the seafarer's manning agency informing them of the fact of
death/serious injury, the circumstances surrounding the death/serious injury,
all the benefits they are entitled to, as well as the documentary requirements to
claim said benefits to be sent within ten (10) days from the seafarer’s death;

(b) A copy of the Master's Report involving the death/serious injury of the seafarer
which should be furnished within thirty (30) days from the seafarer’s
death/serious injury;

(©) The duly authenticated medical/death certificate and report of death of the
seafarer within thirty (30) days from the seafarer's death/serious injury;

(d) The personal effects of the deceased seafarer which should be transported by
air together with the late seafarer's remains;

(©) All benefits as provided for by the POEA Standard Employment Contract, or
Collective Bargaining Agreement, whichever is higher; and

(f All other documents required of the seafarer or his/her heirs to process their
benefits under law and contract, and document the fact of
death/disability/serious injury.


Sec. 3. Implementing Rules and Regulations. ~ The Philippine Overseas
Employment Administration shall issue the implementing rules and regulations of this Act
within sixty (60) days from its effectivity. In no case shall the absence of the implementing
rules and regulations be used as justification for the non-enforcement of this Act.

See. 4. Repealing Clause. ~ All existing laws, orders, decrees, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby amended, modified or
repealed accordingly.

See.5. Effec
publication in the Off

ity Clause. — This Act shall take effect fifteen (15) days after its
al Gazette or in a newspaper of general circulation.

Approved,