Congress of the Philippines 
) 
Thirteenth Congress  
) 
First Regular Session  
) 
 
 
HOUSE OF REPRESENTATIVES 
 
HB NO.  1358 
 
 
Introduced by Rep. Roseller L. Barinaga 
 
 
AN ACT 
INSTITUTING THE MAGNA CARTA FOR THE FILIPINO SEAFARERS 
 
 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
 
 
SECTION. 1. Title. This Act shall be known as the Magna Carta for Filipino 
Seafarers.  
 
 
I. GENERAL PROVISIONS 
 
SEC.  2. Declaration of Policies. a) 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; 
 
2) To maintain and progressively develop a pool of competent and world class 
domestic and international seafarers of all grades and ratings through a system of education 
and training and of accreditation and licensing;  
 
3) To establish mechanisms for the enhancement of administrative, adjudicative, 
social as well as welfare services for them and their families; and 
 
Toward this end, the State shall endeavor to improve the Filipino seafarers’ working 
conditions, terms of employment, career prospects and provide them opportunities to harness 
their potentials to the fullest.  The State shall further work to uplift the socio-economic well-
being of their respective families’ living working conditions. 
 
 
II. SCOPE 
 
SEC.  3. Applicability. All rights and benefits granted under this Act shall, except as 
may otherwise be provided herein, apply to the Filipino seafarers as defined herein. 


 
III. DEFINITION OF TERMS 
 
SEC.  4. Definitions. For purposes of this Act,  
 
a) “Authority” refers to the document issued by the DOLE authorizing any person or 
entity to engage in the recruitment and placement of seafarers or OFWs; 
 
b) “Departure” refers to the actual departure from the point of hire of a Filipino 
seafarer through air, sea or land travel transport to join his vessel in a Philippine or foreign 
port; 
 
c) “Domestic Seafarers” refers to seafarers on board ship or vessel plying inter-island 
water or waters within Philippine territory; 
 
d) “Informal blacklisting” refers to the practice of recruitment and placement services 
agencies, or companies to directly or indirectly prevent or deter seafarers, without valid cause 
from gaining productive employment, whether the job applicant is for employment or re-
employment; 
  
d) “License” refers to the document issued by the DOLE authorizing any person or 
entity to operate a manning agency; 
 
e) “Manning or Crewing Agencies” refers any person, company, institution, agency or 
other organization in the public or private sector, which is engaged in recruiting seafarers in 
behalf of the employers or placing seafarers with employers; 
 
f) “Maritime Industry” refers to all enterprises engaged in the business of managing 
and/or operating shipping lines, management of ports, stevedoring arrastre, customs 
brokerage and cargo surveys; of ship brokering/chartering/ of designing, constructing, 
manufacturing, acquiring, operating, supplying, repairing and/or maintaining vessels, or 
component parts thereof; of shipyards and dry-docks; of providing maritime services such as 
ship supplies, ship manning and training, maritime consultancy, ship repairs, machine shops, 
shipping agencies, freight forwarding and similar enterprises;  
 
g) “Master” refers to a seafarer who has the command and is in-charge of the vessel 
being the representative the vessel’s owner. 
 
h) “Officers” refers to seafarers other than the Master who is designated by national 
law or regulation as an officer or is serving in that capacity, such as the 3rd mate, 2nd mate, 
chief mate, master mariner in the ship’s deck, the marine engineer officers in the engine, and 
other special officers needed in the vessel. 
 
i) “Filipino Seafarers” refers to any person who fulfills the conditions to be employed 
or engaged as part of the crew or complement of the ship navigating the foreign seas other 
than a government ship used for military or non-commercial purposes.  This term includes 
seafarers serving on foreign maritime mobile offshore units who perform functions similar to 
those constituting a crew, fisherman and cruise ship personnel; 
 
j) “”Philippine Port” refers to any Philippine airport or seaport;   


 
k) “Philippine Shipping Companies” refers to entities registered and licensed under 
the laws of the Philippines to engage in the business of overseas and/of domestic water 
transportation; 
 
l) “Principal” or employer refers to any person, partnership or corporation registered 
and duly authorized to engage in overseas shipping activities engaging Filipino seafarers; 
 
m) “Point of Hire” refers to the place indicated in the contract of employment which 
shall be the basis for determining commencement and termination of contract; 
 
n) “Rating” refers any member of the crew other than the Master or the Officer, who 
is considered as ordinary seaman, able seaman, boatswain or bosun in the deck; the wiper, 
motorman, fitters and such other special ratings needed on board the vessel. 
 
o) “Recruitment and Placement” refers to any act of canvassing, enlisting, contracting, 
transporting, utilizing, hiring or procuring workers, and include referrals, contact services, 
promising or advertising employment, locally or abroad, whether for profit or not:  Provided, 
that any person or entity, which is any manner, offers or promises employment for a fee to 
two (2) or more persons shall be deemed engaged in recruitment and placement. 
 
p) “Seafarers” refers to any person who fulfills the conditions to be employed or 
engaged as part of the crew or complement of the ship navigating the domestic and 
international waters than a government ship used for military or commercial purposes. 
 
q) “Shipowner” refers to the owner of the ship or any other organization or person, 
such as the manager, agent or bareboat charterer, who has assumed the responsibility for 
operation and management of the ship from the ship owner, and who, on assuming such 
responsibilities, has agreed to take over all the attendant duties and responsibilities of a ship 
owner. 
 
r) “Vessel” includes any ship or boat of any nature whatsoever, ordinarily engaged in 
maritime navigation. 
 
s) “CHED” refers to the Commission on Higher Education; 
 
t) “DFA” refers to the Department of Foreign Affairs; 
 
u) “DOLE” refers to the Department of Labor and Employment; 
 
v) “ILO” refers to the International Labour Organization; 
 
w) “IMO” refers to the International Maritime Organization; 
 
x) “MARINA” refers to the Maritime Industry Authority; 
 
y) “MTC” refers to the Maritime Training Council; 
 
z) “NSO” refers to the National Statistics Office; 
 


aa) “OWWA” refers to the Overseas Workers Welfare Administration; 
 
bb) "PCG” refers to the Philippine Coast Guard; 
 
cc) “POEA” refers to the Philippine Overseas Employment Authority; 
 
dd) “PRC” refers to the Professional Regulation Commission; 
 
ee) “STCW ‘78” refers to the International Convention on Standards of Training, 
Certification and Watch-keeping for Seafarers of 1978, as amended; 
 
ff) “TESDA” refers to the Technical Education and Skills Development Authority; 
 
 
gg) “TLC” refers to the Technical and Livelihood Center; and  
 
hh) “CDA” refers to the Cooperative Development Authority. 
 
 
IV. ACCESS TO EDUCATIONAL ADVANCEMENT,  
TRAINING AND RELEVANT INFORMATION 
 
SEC. 5. Access to Educational Advancement and Training. The State shall ensure 
Filipino seafarers, whether plying the domestic or international waters, access to educational 
advancement and training at reasonable and affordable costs.   
 
Toward this end, the State shall: 
 
1) Regulate the operation of all educational and review institutions offering courses 
related to seafaring;  
 
 
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 demands 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, manning or crewing agencies, and other organizations responsible 
for the recruitment and employment of Filipino seafarers, whether plying the domestic or 
international waters, shall be mandated to make every contract of employment, the 
computation and manner by which salaries are remitted to their allotees, and the specific 
privileges and benefits available in the contract of employment accessible to their recruits or 
clienteles.  
 


 
V. CONDITIONS OF WORK AND COMPENSATION 
 
SEC. 7. Rights to Humane Conditions of Work and to Standard Compensation. The 
State shall guarantee Filipino seafarers the rights to humane conditions of work and to 
standard salary compensatory to their rank, hours of work and other relevant basis for wage 
computation, minimum number of working hours, rest day, vacation pay, and “end of 
contract “ pay in accordance with the agreement of the parties concerned and with existing 
domestic and international law. 
 
 
VI. SELF-ORGANIZATION, COLLECTIVE BARGAINING 
AND PARTICIPATION IN DEMOCRATIC EXERCISES 
 
SEC. 8. Rights to self-organization, collective bargaining and to participate in 
democratic exercises. The State shall ensure Filipino seafarers of their right to self-
organization, to collective bargaining and to participate in the deliberation of issues and in the 
formulation of policies that affect them, including the guarantee of representation in 
governing boards or appointment in government instrumentalities, to include, but not limited 
to the CHED, TESDA, PRC, POEA, OWWA, MARINA. 
 
 
VI. LEGAL REPRESENTATION 
 
SEC. 9. Right to legal representation. Filipino seafarers who are victims of illegal 
recruitment, illegal dismissal or suspension and other forms of violation of contracts shall 
have the right to free legal assistance and protection at government expense.  Courts, 
administrative agencies, and other tribunals should ensure a speedy and impartial disposition 
of their cases. 
 
Every seafarer accused of committing any offense in violation of any provision of his 
or her contract has the right to due process, an impartial tribunal and administrative body, and 
an expeditious payment of damages and liability in cases where the judgment is favorable to 
the Filipino seafarer. 
 
 
VII. FILIPINO SEAFARERS’ ONE-STOP CENTER 
 
SEC. 10. One-Stop Center Establishment. There shall be a One-Stop Center to be 
established under the supervision of the POEA, where relevant government agencies shall be 
represented to efficiently respond to the immediate needs of Filipino seafarers and other 
Overseas Filipino Workers (OFWs). 
 
This One-Stop Center shall have the services of the following government offices: 
 
a) Overseas Workers Welfare Administration (OWWA);  
 
b) Commission on Higher Education (CHED); 
 
c) Professional Regulation Commission (PRC); 


 
d) Technical Education and Skills Development Authority (TESDA); 
 
e) Maritime Industry Authority (MARINA); 
 
f) National Telecommunications Office (NTC); 
 
g) Maritime Training Council (MTC); 
 
h) Department of Foreign Affairs (DFA); 
 
i) National Bureau of Investigation (NBI); 
 
j) Social Security System (SSS); 
 
k) Pag-ibig Fund; 
 
l) Philippine Coast Guard (PCG); 
 
m) National Statistics Office (NSO); and 
 
n) Such other government offices that the Secretary of DOLE may deem necessary. 
 
SEC. 11. Functions of the One-Stop Center. The POEA One-Stop Center shall have 
the following functions:   
 
1) To facilitate and expedite the process of documentary requirements; 
 
2) To rationalize fees required by the government for training, examination and 
certification; 
 
3) To conduct responsive and comprehensive pre-departure orientation services; and  
 
4) To perform other functions necessary in addressing the concerns of the Filipino 
seafarers.   
 
In the exigencies of the service and where physical representation of a government 
agency at the One-Stop Center may not be necessary, the services of these agencies should 
nonetheless be made available through selective means or other alternative mechanism that 
maybe put on site. 
 
The One-Stop Center shall adopt and utilize appropriate mechanisms, facilities, 
equipment and information technology to enable and allow it to respond to the magnitude of 
concerns and demands of above-said clients. 
 
SEC. 12. Center Management. The administration and supervision of the Center shall 
be bestowed on a Manager who shall be designated by the Secretary of DOLE.  The Manager 
shall be responsible in overseeing the overall operation of the Center and in ensuring the 
efficient delivery and quality of it services. 
 


SEC. 13. Rationalizing Government Systems and Procedures. a) The government 
offices enumerated under Section 9 hereof shall, within three (3) months from the effectivity 
of this Act, in consultation with seafarers’ organizations, recruitment agency associations, 
and non-government organizations concerned, rationalize and streamline policies, rules, and 
procedures governing the documentation, licensing, certification, recruitment, hiring and 
deployment of seafarers and the OFWs, in general.   
 
b) The said offices, through the One-Stop Center, shall enforce the streamlining of 
policies and procedures involved in overseas employment with the view of cutting the time 
required for documentary processing, simplifying licensing and certification procedures, and 
facilitating the extension of welfare and support services to their respective clients. 
 
The aforesaid streamlining efforts shall focus on the following: 
 
1) Simplification of systems and procedures and reduction of documentary 
requirements; 
 
2) Implementation of the full disclosure policy; 
 
3) Formulation and implementation of a system of registration of seafarers and other 
OFWs, the registration, accreditation, and licensing of private manning or crewing agencies, 
and all other related regulatory function; 
 
4) Elimination of unnecessary and duplicative requirements that go beyond the 
requirements as defined in the STCW ‘78, as amended; 
 
5) Formulation of a regulated employment standard setting by prescribing minimum 
provisions of the employment contract, in conformity with labor standard under Philippine 
laws and regulations; 
 
6) Regulation placement fee policy; 
 
7) Formulation of rules that ensure speedy disposition of illegal recruitment cases; and 
 
8) Development and implementation of an effective information program, in 
coordination with manning or crewing agencies for the purpose of informing the seafarers of 
their rights, obligations, benefits, and option attending to specific situations that they may 
face in the course of their employment. 
 
 
VIII. MANDATORY MINIMUM REQUIREMENTS FOR FILIPINO SEAFARERS 
 
SEC. 14. Mandatory Minimum Requirements. A Filipino seafarer must have the 
following minimum qualifications: 
 
1) Filipino Citizen; 
 
2) At least, eighteen (18) years old, except as may be determined by the Secretary of 
Labor and Employment;  
 


3) Fit for duty as certified by the government-accredited institution authorized to 
conduct physical and medical examination for overseas employment; 
 
4) Meet the qualification and certification requirements prescribed by the DOLE 
agency concerned and the standard requirements under the STCW ‘78, as amended, and other 
international instruments prescribed relevant standards; 
 
5) Registered with and duly certified by the DOLE agency concerned as eligible for 
overseas employment if serving on ocean going vessels, and as eligible for local employment 
if serving on board domestic or inter-island vessels; and 
 
6) Other qualification requirements as may be prescribed by the DOLE in keeping 
with international demands. 
 
SEC. 15. Education. A Filipino seafarer must have, at least, successfully completed 
the required basic courses as provided for in the curriculum approved by the Commission on 
Higher Education or the TESDA. 
 
SEC. 16. Training. A Filipino seafarer must have, at least, undergone and 
successfully completed the required basic training proper to his/her position as set-forth under 
the STCW ‘78, as amended, and under the ILO Conventions of which the Philippines is a 
signatory. 
 
Where in-service training and assessment of competence for the Filipino seafarer is 
required for purposes of certification under the STCW ‘78, the person conducting the same 
either on board or ashore must meet the qualifications prescribed under the aforesaid section 
of the STCW ‘78. 
 
 
 
IX. ROLE OF VARIOUS AGENCIES 
 
SEC. 17. CHED and TESDA. The CHED and the TESDA shall ensure that the 
curricula for the seafarers’ education and training are in consonance with the demands of 
global maritime industry as well as with the requirements of STCW ‘78, as amended. 
 
SEC. 18. CHED and MTC. 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 the seafarers. 
 
SEC. 19. MTC. 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 and the trainees to ensure quality standards and mechanisms of training and 
competence of overseas Filipino seafarers. 
 
SEC. 20. MARINA. The MARINA shall be responsible in the formulation, adoption 
and enforcement of regulations governing the quality standards and mechanisms of training 
and competence of local seafarers. 
 
 


 
X. DOCUMENTATION, LICENSURE, EXAMINATIONS 
 
SEC. 21. Documentation. a) For purposes of documentation, the Filipino seafarers 
shall be categorized into local and overseas seafarers. 
 
b) Local seafarers are considered documented when they possess the following 
documents: 
 
 
1) Seafarers Identification and Record Book (SIRB) and Certificate of Competency 
issued by the MARINA; 
 
 
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. 
 
c) Overseas seafarers are considered documented when they possess the following 
documents: 
 
 
1) Seafarers Identification and Record Book (SIRB) and Certificate of Competency 
issued by the MARINA and the Seafarer’s Registration Certificate (SRC) issued by the 
POEA; 
 
 
2) Certificate of Completion of Training of prescribed courses issued by the 
accredited training centers and the valid Certificate of Competency 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; 
 
 
3) Licensure Certificate if the seafarer is a marine officer; 
 
4) Such other documents as may be required. 
 
SEC. 22. Licensure and Examination. The PRC shall be the lead agency in 
administering licensure examinations and the issuance of such licensure certificates to 
seafarers in the officer level, except those categorized as Harbor Pilots and Major and Minor 
Patrons for local shipping which authority shall devolve on the MARINA. 
 
The TESDA shall be the lead agency in administering examinations and the issuance 
of the necessary certifications to seafarers in the ratings level.   
 
The government agencies aforementioned shall formulate and undertake a systematic 
program of implementing government policies pertinent to the licensing of specific categories 
of seafarers. 
 
The issuance of licenses and endorsement certificates to seafarers shall not require 
pre-conditions other than what are required under the STCW ‘78, as amended and other 
specific laws enacted for the purpose of regulating the profession. 
 


SEC. 23. Integrated Documentation System. The DOLE, in coordination with 
government agencies concerned, shall develop an identification among Filipino seafarers fro 
the purpose of integrating and systemizing the documentation of education, training 
licensing, and certification among seafarers.  The said Integrated Documentation System 
(IDS) shall contain all relevant information on the seafarers, including his education, training, 
licensure examinations and certifications taken.  This identification shall be used by the 
seafarer in all his transactions with the government, manning or crewing agencies, and other 
pertinent bodies. 
 
As such, agencies of the government concerned shall develop and implement an 
information system that shall connect their respective databases for the purposes of data 
storage, sharing, and generation pursuant to Section 20 of Republic Act No. 8042. 
 
 
XI. RECRUITMENT AND PLACEMENT 
 
A. The Recruitment and Placement Industry 
 
SEC. 24. Private Sector Participation in the Recruitment and Placement of Filipino 
Seafarers. Pursuant to national development objectives and in order to harness and maximize 
the use of private sector resources and initiative in the development and implementation of a 
comprehensive employment program, the private sector shall participate in the recruitment 
and placement of Filipino seafarers, locally and overseas; Provided, that such recruitment and 
placement procedures are consistent with the provisions stipulated under this Act and such 
other guidelines, rules and regulations as may be promulgated by the DOLE. 
 
SEC. 25. Capitalization in the Recruitment and Placement Industry. Individuals or 
corporations, partnerships or entities applying for license or authority or renewal thereof shall 
be required a minimum capitalization and such other requirements as may be prescribed by 
the DOLE. 
 
The same shall be obliged to pay such escrow deposits and surety bonds, in an amount 
and conditions as may be prescribed by the DOLE to guarantee compliance with all terms 
and conditions of the contract of employment and applicable laws. 
 
Individuals or corporations, partnerships or entities applying for license or authority 
or renewal thereof shall be required to pay the filing and registration fees as may be 
prescribed by the DOLE. 
 
SEC. 26. Non-Transferability of License. No license or authority shall be used 
directly or indirectly by any person other than the one in whose favor it was issued or at any 
place other than that stated in the license, nor may such license or authority be transferred, 
conveyed or assigned to any person or entity except under such guidelines as may be 
prescribed by the DOLE. 
 
Any transfer of business address, appointment or designation of any agent or 
representative, including the establishment of additional offices anywhere shall require prior 
approval from the Secretary of the DOLE. 
 


SEC. 27. Suspension and/or Cancellation of License or Authority. The Secretary of 
the DOLE shall have the power to suspend or cancel and in both instances impose fine any 
license or authority to recruit Filipino seafarers for overseas employment for violation of this 
Act or of other applicable provisions of laws, rules and regulations. 
 
SEC. 28. Persons and Entities Prohibited from Engaging in Recruitment and 
Placement Industry. The following are prohibited from engaging, directly or indirectly, in 
recruitment and placement industry: 
 
 
a) any official or employee of the DOLE, DFA and their attached agencies or other 
government agencies involved in the implementation of this act, or their relatives within the 
fourth civil degree of consanguinity or affinity; 
 
 
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  
 
SEC. 29. Recruitment and Placement Policies. Manning or crewing agencies engaged 
in private recruitment and placement services are hereby mandated to observe the following 
policies: 
 
a) No fees or other fees for recruitment or for providing employment to seafarers are 
borne directly or indirectly, whole or in part, by the seafarers other than those authorized by 
law.  Manning or crewing agencies are hereby mandated to cause the reimbursement of any 
expenses incurred by the seafarer in connection with his/her documentation and processing 
for purposes of deployment, in the event where non-deployment is not the seafarer’s fault. 
 
b) The Filipino seafarers’ well-being and rights shall be the primary consideration in 
the recruitment and placement of seafarers. 
 
c) Recruitment, placement and deployment of Filipino seafarers shall be prohibited in 
jobs that are considered to be inimical to their best interests and to the Philippines. 
 
d) Due regard to the right to privacy and the need to protect confidentiality shall be 
accorded in determining conditions under which relevant information and personal data of 
Filipino seafarers are processed by manning or crewing agencies including the collection, 
storage, combination and communication of such data to third parties. 
 
e) Filipino seafarers shall not be discriminated upon by manning or crewing agencies 
in the application of their recruitment and placement services.  
 
f) Furnishing or publication of any false notice or information or document in 
relations to recruitment and employment, including inducing or attempting to induce a 
seafarer already employment to quit his/her employment and offering another employment or 
influencing or attempting to influence, whether deliberately or undeliberately, any person or 
entity not to employ any seafarer or the enforcement of a waiver of quit claims to any 
seafarer before, during and after employment shall be deemed unlawful. 


 
g) Substituting or altering to the prejudice of the seafarer the employment contract 
approved and process by the DOLE and withholding or denying travel or employment 
documents from applicant seafarer considerations other than those authorized under this Act 
and the implementing rules and regulations promulgated pursuant to this Act are likewise 
prohibited. 
 
SEC. 30. Duties of Manning and Crewing Agencies. Manning and crewing agencies 
shall, as far as it is practicable, ensure that: 
 
a) Any seafarer recruited or placed by them are qualified and is in possession of the 
documents necessary for the job concerned; 
 
b) The contract of employment and articles of agreement are in accordance with the 
standard terms and condition governing the employment of the Filipino seafarer on-board 
ocean-going vessel as prescribed by the concerned agency; 
 
c) The Filipino seafarer is informed of his/her rights and duties under his/her contract 
of the employment and the articles of agreement prior to and in the process of engagement; 
 
d) Proper arrangements and opportunities are given for the Filipino seafarer to 
examine his/her contract of employment and the articles of agreement before and after he/she 
signed such pertinent documents and for him/her to receive a copy of the duly-signed contract 
of employment; 
 
e) Adequate information about the conditions attending to the situations on-board the 
vessel and overseas, as well as local and international laws and regulations which apply to the 
Filipino seafarer in the course of his/her employment or sojourn shall be provided; 
 
f) Measures ensuring that the employer has the means to protect a Filipino seafarer 
from being stranded in a foreign port shall be adopted and implemented; and  
 
g) A registry of all seafarers recruited or placed through them shall be put in place and 
to ensure that the same is available for inspection by the competent authority. 
 
 
C. Hiring, Deployment and Employment 
 
SEC. 31. Hiring by Certain Employers. Members of the diplomatic corps, foreign 
governments and international organizations may hire overseas Filipino seafarers; Provided, 
that provisions of this Act and other applicable guidelines, rules and regulations are followed. 
 
SEC. 32. Selective Deployment of Overseas Filipino Seafarers. Deployment of 
overseas Filipino seafarers shall be allowed only in countries where the rights of overseas 
Filipino seafarers are observed and protected. 
 
Any of the following legal instruments shall be recognized as guarantee on the part of 
the receiving country for the protection of the rights of overseas Filipino seafarers: 
 


 
a) The receiving country has existing labor and social laws protecting the rights of 
overseas seafarers; 
 
 
b) It is a signatory to a multi-lateral convention, declarations or resolutions relating to 
the protection of overseas seafarers; 
 
 
c) It has a bilateral agreement or arrangement with the Philippine government 
protecting the rights of overseas seafarers; or 
 
 
d) It is taking positive concrete measures to protect the rights of overseas seafarers. 
 
SEC. 33. Ban on Restrictions 0n Deployment. Notwithstanding the provisions of the 
immediately preceding section, the DOLE, in pursuit of national interest or when public 
welfare so requires, may, at any time, terminate or impose such restricts or ban on the 
deployment of overseas Filipino seafarers. 
 
SEC. 34. Prohibition Against Indiscriminate Deployment of Filipino Seafarers. The 
indiscriminate deployment of following Filipino seafarers shall be deemed prohibited: 
 
 
a) Those below eighteen (18) years old or such minimum age requirement as may be 
determined by the DOLE; 
 
 
b) Those medically diagnosed to be unfit to work for the job being applied; 
 
 
c) Those technically non-qualified for overseas employment; 
 
 
d) Those whose employment contract was not processed and approved by the POEA; 
 
 
e) Any other factor which the DOLE may deemed prohibited. 
 
SEC. 35. Visitorial powers of the DOLE. The Secretary of the DOLE or his/her duly 
designated representative may at any time inspect vessels and ships within Philippine 
jurisdiction of the accredited principal/shipowner to determine compliance with safety 
standards and living conditions of seafarers. 
 
 
 
XII. ILLEGAL RECRUITMENT AND OTHER ILLEGAL ACTS 
 
SEC. 36. Illegal Recruitment. For purposes of this Act, illegal recruitment shall refer 
to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring 
seafarers and includes referring, contract servicing, promising, or advertising of employment 
for abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of 
authority contemplated under Article 13 (f) of PD No. 422, as amended, otherwise known as 
the Labor Code of the Philippines:  Provided, that any such non-licensee or non-holder who, 
in any manner, offers or promises for a fee employment abroad to two or more persons shall 
be deemed engaged.   
 
Illegal recruitment when committed by a syndicate or in a large scale shall be 
considered an offense involving economic sabotage. 
 


Illegal recruitment is deemed committed by a syndicate if carried out by a group of 
three (3) members or more persons conspiring or confederating with one another.  It is 
deemed committed in large scale if committed against three (3) or more persons individually 
or as a group.  Illegal recruitment is also deemed committed in a large scale if the financial or 
material consideration involved amounts to more than one hundred thousand pesos (P 
100,000), regardless of the number of persons involved. 
 
The persons criminally liable for the above offenses are the principals, accomplice 
and accessories.  In case of juridical persons, the officers having control, management or 
direction of their business shall be liable. 
 
SEC. 37. Penalties. a) Any person found guilty of illegal recruitment shall suffer the 
penalty of imprisonment of not less than six (6) years and one (1) day but not more than 
twelve (12) years and a fine of not less than two hundred thousand pesos (P 200,000) nor not 
more than five hundred thousand pesos (P 500,000). 
 
b) The penalty of life imprisonment and a fine of not less than five hundred thousand 
pesos (P 500,000) nor more than one million pesos (P 1,000,00) shall be imposed if illegal 
recruitment constitutes economic sabotage as defined in the preceding article.  
 
Provided, however, that the maximum penalty shall be imposed if the person illegally 
recruited is less than eighteen (18) years of age or that the act of illegal recruitment is 
committed by a non-licensee or non-holder of authority. 
 
SEC. 38. Venue of Criminal Action Against Illegal Recruitment. A criminal action 
arising from illegal recruitment as defined herein shall be filed with the Regional Trial Court 
of the province or city where the offense was committed or where the offended party actually 
resides at the time of commission of the offense.  
 
SEC. 39. Mandatory Period for Investigation of Illegal Recruitment Cases. The 
preliminary investigation of cases under this Act shall be terminated within a period of thirty 
(30) calendar days from the date of their filing.  Where the preliminary investigation is 
conducted by a prosecution officer and a prima facie case is established, the corresponding 
information shall be filed in court within twenty-four (24) hours from the termination of the 
investigation.  If the preliminary investigation is conducted by a judge and a prima facie case 
is found to exist, the corresponding information shall be filed by the proper prosecution 
officer within forty-eight (48) hours from the date of receipt of the record of the case.  
 
SEC. 40. Prescriptive periods. Illegal recruitment cases under this Act shall prescribe 
in five (5) years; Provided, however, that illegal recruitment cases involving economic 
sabotage as defined herein shall prescribed in twenty (20) years. 
 
SEC. 41. Free Legal Assistance; Preferential Entitlement Under the Witness 
Protection Program. A mechanism for free legal assistance for victims of illegal recruitment 
shall be made available by pertinent agencies of the government.  Such mechanism shall 
include coordination and cooperation among the DOLE, DOJ, the IBP, and other non-
government organizations and volunteer groups. 
 


The provisions of RA No. 6981 to the contrary notwithstanding, any person who is 
the a victim of illegal recruitment, or who is willing to be a witness in behalf of the 
government, shall be entitled to the Witness Protection Program provided thereunder.  
 
SEC. 42. Travel Advisory/Information Dissemination. To give utmost priority to the 
establishment of programs and services to prevent illegal recruitment, fraud and exploitation 
or abuse of Filipino seafarers, the DOLE, through the appropriate agencies of the government 
and its partners from the private sector, shall issue travel advisories or disseminate 
information on employment and labor conditions, migration realties; information on the level 
of or non-adherence of particular countries or flag states to international standards on human 
and worker’s right with the view to adequately prepare seafarers into making informed and 
intelligent decisions about overseas employment.  
 
Such advisory or information shall be disseminated through print, broadcast, 
electronic and community-based channel, at least once a month.  Information dissemination 
shall be undertaken by the DOLE and its appropriate agencies as part of a public information 
campaign to address pre-employment concerns. 
 
 
XIII. CONDITIONS OF EMPLOYMENT 
 
SEC. 43. Employment Agreement. The employer shall provide for a written agreement, 
which shall be drawn up, with the seafarer concerning ship work.  The agreement shall 
contain the following: 
 
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; 
 
c) 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  
 
d) The duration of the employment contract.  
 
SEC. 44. Allotment and Remittances. It shall be mandatory to all seafarers to remit the 
portion of their earning to their families, dependents, and/or beneficiaries in accordance with 
rules and regulations prescribed by the Secretary of DOLE. 
 
SEC. 45. Limitations on Wage Deductions. A deduction from the seafarer’s wages shall 
not be made without his/her written consent, unless the deduction is provided for in the 
contract of employment and is authorized by law. 
 
SEC. 46. Rest Periods. A seafarer shall be allowed reasonable rest periods in accordance 
with international standards and the Labor Code.  He/she shall be entitled to adequate time 
for rest and sleep.  The period of rest shall, during any 24-hour period, amount to not less 
than 10 hours.  
 


SEC. 47. Shore Leave. The seafarer shall be allowed shore leave when practicable, upon 
the consent of the master of deputy, taking into consideration the operation and safety of the 
vessel and the seafarer. 
 
SEC. 48. Short Manning and Save Wages. In the event that the whole or part of the 
voyage is carried out with a smaller crew than what was previously appointed, or if the 
number of the active members of the crew is reduced prior to or during the voyage, the wages 
saved due to this circumstances shall be distributed proportionately among the members of 
the active crew who assumed additional work resulting therefrom. 
 
SEC. 49. Personal Effects. A seafarer may bring a reasonable number of articles for 
personal use; Provided, however, that this does not involve inconvenience to the ship or cargo 
or pose any health risk on board.  If the seafarers personal effects are lost or damaged as a 
result of shipwreck, loss or stranding, abandonment of the vessel, or as a result of fire, 
flooding, collision or piracy, the employer shall reimburse for said loss or damage. 
 
SEC. 50. Consideration of Seaworthiness. When more than half of the crew makes a 
written complaint to the master regarding the seaworthiness of the ship for the forthcoming 
voyage, if the chief engineer of first mate makes a similar complaint regarding the part of the 
ship, appurtenances or equipments under their respective supervision, the ship master shall be 
bound to have the ship examined.  If the shipmaster refuses to let the ship be examined 
despite valid complaint to do so, the crew may refuse to proceed the voyage. 
 
SEC. 51. Medical Examination and Medical Service. Any member of the crew may be 
required to submit a medical examination, at the expense of the ship owner, should the master 
have reason to believe that such examination is necessary to monitor and maintain the health 
and environmental conditions on board the vessel. 
 
SEC. 52. Disability. In case of work-related total or partial disability of the seafarer 
during the term of his/her employment cause by either injury or illness, the seafarer shall be 
compensated in accordance with the schedule of the benefits prescribed by the law.  
Computation of his/her benefits arising from an illness or disease shall be governed by the 
rates and the rules of compensation applicable at the time the illness or disease was 
contracted. 
 
No compensation shall be payable in respect in any injury, incapacity, disability or 
death of the seafarer resulting from his/her willful or criminal act; Provided, however, that the 
employer can prove that such injury, incapacity, disability or death is directly attributable to 
the seafarer. 
 
When requested, the employer shall furnish the seafarer a copy of all pertinent 
medical reports or records at no cost to the seafarer. 
 
SEC. 53. Employer’s Liability in Case of Death. When the seafarer dies as a result of 
injury or illness during the term of employment, the employer shall pay the beneficiary/ies of 
the seafarer all outstanding obligations due the seafarer under his/her employment contract;  
 
The employer is also mandated to notify the next of kin and make arrangement for 
burial, return or repatriation of the remains.  If the death occurs in a foreign territory, the 
master shall also inform the nearest Philippine Embassy or Foreign Service Office of said 


death.  The remains and personal effects of the seafarer shall be transported to the Philippines 
employer’s expense except if the death occurred in the port where local government laws or 
regulations do not permit the transport of such remains.  In case death occurs at sea, the 
arrangements for the handling of the remains shall be drawn up and proposed by the 
shipmaster to the deceased next of kin.  In all cases, the employer and/or shipmaster, through 
the manning and crewing agency, shall communicate with the next of kin of the deceased and 
secure the next of kin’s concurrence as regards the proposed arrangements covering the 
handling of the seafarer’s remains.  The employer shall also pay for the seafarer’s burial 
expenses.  
 
SEC. 54. Compensation and Death Benefits. In case of work-related death of the 
seafarer during the terms of his contract, the employer shall pay his beneficiaries the 
corresponding death benefits. 
 
The benefits shall be separate and distinct from and shall be in addition to whatever 
benefits the seafarer is entitled to under Philippine laws and regulations. 
 
SEC. 55. Payment of Benefits. The employer shall have ensure expeditious 
arrangement for the payment of death or personal injury benefits provided under this Act.  
The employer shall likewise arrange for adequate insurance coverage. 
 
 
XIV. SOCIAL WELFARE SERVICES AND BENEFITS 
 
SEC. 56. Role of POEA. In pursuit of promoting the well-being of the Filipino 
seafarers, the POEA shall: 
 
a) Look into and promote improvements in 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 gathering welfare concerns for 
purposes of determining future welfare programs, monitoring existing welfare activities and 
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 departing 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 
 


g) Perform such other duties as may be essential in giving assistance to seafarers and 
their families.  
 
SEC. 57. Seafarer’s Loan Guarantee Fund. The OWWA, in coordination with 
government financial institutions, shall institute financing schemes that will expand the grant 
of pre-departure loan and family assistance loan to seafarers in accordance with Section 21 of 
RA No. 8042.   
 
SEC. 58. Housing and Provident Benefits. Seafarers shall be provided access to the 
government’s housing program through membership in the Home Development Mutual Fund 
(Pag-ibig Fund). 
 
SEC. 59. Scholarship Programs. Qualified seafarers or their immediate descendants, 
who intend to pursue science and technology related courses may apply for scholarships with 
the OWWA which shall benefit deserving overseas seafarers and/or their immediate 
descendants below twenty-one (21) years of age who intend to pursue courses or training 
primarily in the field of science and technology. 
 
The DOLE, in coordination with the CHED, shall establish a similar program for 
domestic seafarers within a period of three (3) years from the enactment of this Act. 
 
SEC. 60. Care for Repatriated Seafarers. If after repatriation, the overseas seafarers 
still require medical attention arising from said injury or illness, he shall be so provided, at 
cost to the employer until such time he is declared fit and the degree of his disability has been 
established by the employer-designated physician. 
 
For this purpose, the seafarer shall submit himself to a post-employment medical 
examination by a company-designated physician within three (3) working days upon his 
return except when he is physically incapacitated to do so, in which case, a written notice to 
the agency within the same period is deemed as compliance.  Failure of the seafarer to 
comply with the mandatory reporting requirement shall result in his forfeiture of his right to 
claim the above benefits. 
 
 
XV. DISCIPLINARY AND DISPUTE SETTLEMENT PROCEDURE 
 
SEC. 61. Disciplinary Procedures. The employer/master shall furnish erring seafarers 
with a written notice containing the grounds for the charges.  The date, time and place for a 
formal investigation of the charges against the seafarer concerned shall likewise be indicated 
in said notice.  
 
The employer/master or his/her authorized representative shall conduct investigation 
or hearing, giving the seafarer the opportunity to explain or defend himself against the 
charges.  An entry on the investigation shall be made in the ship’s logbook.  If, after the 
investigation or hearing, the shipmaster is convinced that imposition of penalty is justified, 
the shipmaster shall issue a written notice of penalty and the reason therefore to the seafarer, 
with copies furnished to the manning and crewing agency, which deployed the said seafarer.  
 
The aggrieved seafarer may appeal in writing within a period of five (5) days from the 
date the Master rendered decision to a Grievance Resolution Committee composed of one (1) 


representatives 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.  
 
The Grievance Resolution Committee shall review the appeal within a period of not 
more than fifteen (15) days from the date of appeal.  Execution of judgment is deemed 
suspended upon filing of the appeal. 
 
SEC. 62. Grievance Machinery. If the seafarer considered himself aggrieved, he shall 
make his complaint in accordance with the following procedures: 
 
a) The seafarer shall approach the head of the Department in which he is assigned to 
explain his grievance; 
 
b) 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; 
 
c) 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; 
 
d) 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; 
 
e) The Grievance Resolution Committee shall seek to address and resolve the 
grievance within a period of fifteen (15) days upon receipt of written appeal; 
 
f) If no satisfactory result is achieved, the seafarer concerned may appeal to the 
management of the company or with a Philippine Labor Attache or consular officer overseas.  
The Master shall afford such facilities necessary to enable the seaman to transmit his appeal; 
and  
 
g) When availed of by the seafarer, the grievance procedure and all actions or 
decisions agreed upon shall properly documented for the protection and interest of both 
parties.  Speedy resolution of cases shall be given utmost priority.  
 
SEC. 63. Dispute Settlement. The procedure herein stated shall be without prejudice 
to the other action that maybe brought by the seafarer before the jurisdiction of the concerned 
regular courts and/or NLRC; or to the exclusive and original jurisdiction of the voluntary 
arbitrator or panel of arbitrators appointed from the accredited voluntary arbitrators of the 
National Conciliation and Mediation Board (NCMB) of DOLE.  
 
SEC. 64. Voluntary Arbitration. Pursuant to the constitutional mandate on the 
preferential use of voluntary modes of dispute settlement, the Dole shall adopt procedural 
guidelines in the conduct of voluntary arbitration proceedings involving the maritime sector, 
and promote the use of voluntary arbitration as a mode to achieve speedy resolution of cases.  
 


SEC. 65. Money Claims. Notwithstanding any provision of law to contrary, the Labor 
Arbiters of the NLRC shall have the original and exclusive jurisdiction to hear and decide, 
within ninety (90) calendar days after filing of the complaint, the claims arising out of an 
employer-employee relationship or by virtue of any law or contract involving a Filipino 
seafarer, including claims for actual, moral, exemplary and other forms of damages.  
 
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 shall be 
incorporated in the contract for overseas employment and shall be a condition precedent 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 being, 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 made 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 settlement 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 his/her employment contract or for three (3) months for every year of 
the unexpired term, whichever is less.  
 
SEC. 66. Prescriptive Period. Recognizing the particular nature of overseas 
shipboard employment, all monetary claims arising from the seafarer’s contract shall 
prescribe within three (3) years from the date of the seafarer’s return to the point of hire.  All 
monetary claims of those employed in domestic shipping shall prescribe within three (3) 
years from the day the action commenced. 
 
 
XVI. POST EMPLOYMENT 
 
SEC. 67. Termination of Employment. The employment of the overseas seafarer shall 
cease when he/she: 
 
a) Completes his/her 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 expiration of 
contract; and 
 
ii) Is discharge for just cause.  
 


SEC. 68. Termination by the Seafarer. The following shall constitute instances when 
the seafarer may elect to terminate employer-employee relationship:  
 
a) A seafarer may terminate the employer-employee relationship based on the 
following just causes: 
 
i) The ship is not in a seaworthy condition; 
 
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; 
 
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; 
 
b) In cases mentioned in paragraph (a), subparagraph (vi)-(viii) hereof, the seafarer 
may take his/her departure with immediate effect if the voyage has not commence, or 
otherwise at the ship’s first port of call after he has become aware of the situation.  
 
SEC. 69. Prohibition against Transfer of Station. An overseas seafarer shall not be 
transferred at any port to any vessel owned or operated, manned or managed by the same 
employer without the seafarer’s consent.  In the event that the seafarer concerned consents 
with such transfer, the position of the seafarer and the rate of his/her wages and terms of 
services shall be in no way be lower or inferior and the total period of employment shall not 
exceed that original agreed upon.  Any form of transfer shall be documented and reported by 
the manning or crewing agency to the POEA. 
 
SEC. 70. Post Employment Benefits. In addition to whatever benefits the seafarer may 
be entitled to under the OWWA and the SSS, if applicable, a retiring seafarer covered by 
collective bargaining agreement shall be entitled to such post-employment benefits as may be 
provided in his/her contract or agreement.  A Filipino seafarer who is not covered by 
collective bargaining agreement, on the other hand, may, upon notice to his/her manning or 
crewing agency and principal, authorize the deduction of a specified percentage of his/her 
monthly wages to form part of his/her voluntary contribution to the post-employment fund.  
The amount to be deducted shall be placed in an account in the name of the contributing 
seafarer. 
 
 
XVIII. REPATRIATION 


 
SEC. 71. Repatriation. All costs related to the repatriation and/or the transport of the 
personal effects of a seafarer shall be borne by or charge to the manning or crewing agency 
concerned and/or its principal.  The expenses of repatriation shall include the transportation 
charges, the accommodation and the food of the seafarer during the journey.  However, in 
cases where the termination of employment is due solely to the fault of the seafarer, the 
principal/employer or manning/crewing agency shall not in any manner be responsible for the 
repatriation of the former and/or his/her personal effects.    
 
SEC. 72. Mandatory Repatriation of Underage Seafarers. Upon discovery or being 
informed of a Filipino seafarer whose actual age falls below the minimum age requirement as 
prescribed by law, the nearest Philippine consulate office shall, without delay, repatriate the 
said seafarer and advise the DOLE as soon as possible of such discovery and other relevant 
information. 
 
SEC. 73. Emergency Repatriation. The DOLE, in coordination with the OWWA and 
the DFA, shall undertake the repatriation of seafarers, in cases of war, epidemics, disasters or 
calamities, natural or man-made, and other similar events without prejudice to reimbursement 
by the responsible principal or manning/crewing agency. 
 
SEC. 74. Legal Assistance Fund. The Legal Assistance Fund created under RA No. 
8042 shall extend legal services to an overseas seafarer who is in distress in accordance with 
the guidelines, criteria and procedures promulgated under RA No. 8042. 
 
 
XIX. REINTEGRATION/PLACEMENT SERVICES 
 
SEC. 75. Retraining and Re-integration. Returning or unemployed seafarers may 
avail of the livelihood development/re-training programs and placements services offered by 
concerned government agencies, including OWWA and TESDA, TLC, and the CDA.  
 
These agencies shall formulate skills upgrading or retraining curricula to meet the 
needs of returning or unemployed seafarers.  The participation of the maritime industry, in 
particular, port and shipping industry, and maritime educational institutions shall be likewise 
solicited by the DOLE in devising the appropriate retraining and local job placement 
programs for unemployed seafarers.  
 
SEC. 76. Establishment of Re-integration Center. A Re-integration Center within the 
OWWA shall be established to attend to the needs of returning seafarers.  The Center shall 
provide a mechanism for their reintegration into the Philippine society, serve as a promotion 
house for their local employment, and tap their skills and potentials for national development. 
 
The Center shall provide the following services: 
 
a) Develop livelihood programs and project for returning seafarers in coordination 
with the private sector and concerned government agencies; 
 
b) Coordinate with appropriate private government agencies in the promotion, 
development, and full utilization of their potentials.  For this purpose, the DOLE shall be the 
lead implementer.  The CDA and the TLRC shall develop among returning Filipino seafarers, 


technical expertise in the enterprise building and development, while the DSWD shall 
provide the necessary services for the effective social re-integration of migrant workers; 
 
c) Develop a matching program that will allow returning Filipino seafarers to develop 
business partnerships and employment options with public and private sector enterprises in 
the country; and 
 
d) Provide a periodic study of the assessment of job opportunities for returning 
seafarers. 
 
 
XX. ACCOUNTABILITY OF GOVERNMENT OFFICIAL AND PERSONNEL 
 
SEC. 77. Accountability of Government Officials and Personnel. Any government 
official and personnel who fails or refuse to render service(s) and/or assistance to seafarers 
without just cause shall, after due notice or hearing, and if found guilty, be punished with 
suspension from office of not less than thirty (30) days or dismissal from the service with 
forfeiture and other benefits. 
 
 
XXI. TRANSITORY PROVISIONS 
 
SEC. 78. Funding Provision. Funds, which shall in no case be less than ten million 
pesos   (P 10,000,000.00) from the Presidential Social Fund shall be appropriated and 
released to the POEA for the operations of the One-Stop Center, earlier indicated in this Act, 
for purposes of setting up and implementing its operational mechanisms and facilities for the 
initial year of implementation.  Funds which shall be necessary, in subsequent years shall be 
integrated in General Appropriations Act. 
 
SEC. 79. Implementing Rules and Regulations. The DOLE in coordination with the 
DFA and other agencies concerned, shall, within ninety (90) days after the effectivity of this 
Act, formulate its rules and regulations.  
 
SEC. 80. Separability Clause. If any provision of this Act is declared 
unconstitutional, the remaining provisions shall be continue in force.  
 
SEC. 81. Repealing Clause. All laws, presidential decrees, or issuance, executive 
orders, letters of instruction, rules or regulations inconsistent with the provisions of this Act 
are hereby repealed or modified accordingly.  
 
SEC. 82. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspaper of general circulation.  
 
Approved.