FOURTEENTH CONGRESS OF THE 
1 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
) 
3 JUN 30 P3 5 7  
Introduced by SI:NA?’OK EDGARDO J. ANGAKA 
EXPLANATORY NOTE 
Human resource is an essential strength in an increasing global 
economy. The Philippines remains to be the biggest source of seafarers in the 
global market, both for officers and ratings. This phenomenon occurs in the 
context of continuing efforts by global shipping companies to cut costs, 
rationalize crewing, and comply with, among others, international 
conventions on maritime labour and protection of the environment. 
Remittances from all OFWs are a major source of US dollar earnings, 
contribute significantly to stabilizing the balance of payments, prevent 
foreign exchange instability, and serve as a buffer against drastic 
devaluations of the peso which could lead to inflation. The significance thus 
of Filipino seafarers as a major component of our Overseas Employment to 
the economy cannot be overemphasized. 
The challenge now lies for the Philippines to maintain its dominant 
presence vis-&-vis competition posed by emerging sources of labor such as 
China, Russia, Ukraine, China, India, Indonesia, Poland, Greece and Turkey. 
I am of the belief that the advantaged position of the Philippines as a major 
supplier of maritime labor will be seriously undermined if the Philippine 
government does not take decisive steps to improve the national system of 
maritime education and training and does not push for the development and 
implementation of a strong, consistent legislative agenda for Filipino 
seafarers. 
Ergo, beyond recognition that the maritime industry is a viable option 
for economic growth is the State’s primordial duty to ensure their protection 
and welfare. These actions are, furthermore, necessary for the Philippines to 
continue to maintain its status on the white list of countries complying with 
treaty standards under the International Convention on Standards of 
Training, Certification and Watchkeeping for Seafarers (STCW-95). 
A perfect start is to come up with a definitive policy legislation that 
will bring together the various provisions on seafarers scattered in various 
laws, institute well-meaning reforms in our maritime industry and create a 
holistic approach to recognizing, emphasizing and advancing the issues and 
concerns of our seafarers as are envisioned in this bill. 
Approval of the measure is respectfully sought. 
EDG 4? 
RDO / 4 4  
J. ANGARA 
Senator 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
) 
7 
JUN 
p 3 :5 7 
S E N A T E  
S. B. NO. 
231 
Introduced by SENATOR EDGARDO J. ANGARA 
AN ACT INSTITUTING 
THE MAGNA CARTA OF FILIPINO SEAFARERS 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
1 
CHAPTER I. 
n 
L 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
GENERAL PROVISIONS 
SECTION. 1. Short Title. This Act shall be known as the “Magna 
Carta of Filipino Seafarers.” 
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; AND 
3) To establish mechanisms for the enhancement of administrative, 
adjudicative, social as well as welfare services for them and their families. 
Toward these ends, 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 wellbeing of their 
respective families. 
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. 
1 


1 
SEC. 4. Definitions. For purposes of this Act, 
n L 
3 
4 
5 
seafarers or OFWs; 
6 
7 
b) “Departure” refers to the actual departure from the point of hire of a 
8 
Filipino seafarer through air, sea or land travel transport to join his 
9 
vessel in a Philippine or foreign port; 
10 
11 
c) “Domestic Seafarers” refers to seafarers on board ship or vessel 
12 
plying inter-island water or waters within Philippine territory; 
I 3  
14 
d) “Filipino Seafarers” refers to any person who fulfills the conditions 
15 
to be employed or engaged as part of the crew or complement of the 
16 
ship navigating the foreign seas other than a government ship used for 
17 
military or non-commercial purposes. This term includes seafarers 
18 
serving on foreign maritime mobile offshore units who perform 
19 
functions similar to those constituting a crew, fisherman and cruise 
20 
ship personnel; 
21 
22 
e) “Znformal Blacklisting” refers to the unlawful practice 
of 
23 
recruitment and placement services agencies, or companies to directly 
24 
or indirectly prevent or deter seafarers, without valid cause from 
25 
gaining productive employment, whether the job applicant is for 
26 
employment or reemployment; 
21 
28 
29 
30 
31 
32 
33 
34 
placing seafarers with employers; 
35 
36 
h) “Maritime Industry” refers to all enterprises engaged in the business 
37 
of managing and / or operating shipping lines, management of ports, 
38 
stevedoring arrastre, customs brokerage and cargo surveys; of ship 
39 
brokering / chartering, designing, constructing, manufacturing, 
40 
acquiring, operating, supplying, repairing and / or maintaining vessels, 
41 
or component parts thereof; of shipyards and dry-docks; of providing 
42 
maritime services such as ship supplies, ship manning and training, 
43 
maritime consultancy, ship repairs, machine shops, shipping agencies, 
44 
freight forwarding and similar enterprises; 
45 
46 
“Master”refers to a seafarer who has the command and is in-charge of 
41 
the vessel being the representative the vessel’s owner. 
48 
49 
“Officers” refers to seafarers other than the Master who is designated 
50 
by national law or regulation as an officer or is serving in that 
51 
capacity, such as the 3rd mate, 2nd mate, chief mate, master mariner in 
52 
the ship’s deck, the marine engineer officers in the engine, and other 
53 
special officers needed in the vessel. 
54 
a) “Authority” refers to the document issued by the DOLE authorizing 
any person or entity to engage in the recruitment and placement of 
f, “License” refers to the document issued by the DOLE authorizing any 
person or entity to operate a manning agency; 
g) “Manning or Crewing Agencies”shal1 refer to 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 
i) 
j) 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
so 
51 
52 
53 
54 
”Philippine Port” refers to any Philippine airport or seaport; 
“Philippine Seafarers’ One-Stop Center” refers to the government 
office under the supervision of the Department of Labor and 
Employment created thru Administrative Order No. 56 on 24 January 
2003; 
m) “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; 
“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; 
“Principal” or “employer” refers to any person, partnership or 
corporation registered and duly authorized to engage in overseas 
shipping activities engaging Filipino seafarers; 
“Rating” refers to 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. 
“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. 
“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. 
“Shipozuner” 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. 
“Vessel” includes any ship or boat of any nature whatsoever, 
ordinarily engaged in maritime navigation. 
“Commission on Higher Education (CHED)” refers to the 
government agency created pursuant to Republic Act No. 7722; 
“Department of Education (Dep-Ed)” refers to the government 
agency created pursuant to Executive Order No. 117 (30 January 
1987), as amended by Republic Acts 7722, 7796, and 9155 (11 August 
2001); 
3 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
54 
w) “Department of Foreign Affairs (DFA)” refers to government 
agency created pursuant to Republic Act No. 7157; 
x) “Department of Labor and Employment” refers to the government 
agency created pursuant to Executive Order No. 292; 
y) “ILO” refers to the International Labour Organization; 
z) ‘TMO” refers to the International Maritime Organization; 
aa) “Maritime Industry Authority (MAR1NA)”refers to the government 
agency created pursuant to Presidential Decree 474; 
“Maritime Training Council” refers to the government agency 
created pursuant to Letter of Instruction 1404; 
“NSO” refers to the National Statistics Office; 
“Overseas Workers Welfare Administration (OWWA)” refers to the 
government agency created pursuant to Executive Order No. 126; 
‘Philippine Coast Guard (PCG)” refers to the government agency 
created pursuant to Republic Act No. 517; 
“Philippine Overseas Employment Agency (POEA)” refers to the 
government agency created pursuant to Executive Order No. 797, as 
amended by Executive Order No. 247; 
“Philippine Seafarer One Stop Processing Center (PSOC)” refers 
to the facility center which houses all relevant offices / agencies 
involved in providing services to seafarers in one roof, created under 
Administrative Order No. 56: 
“PRC” refers to the Professional Regulation Commission; 
“STCW ‘78” refers to the International Convention on Standards of 
Training, Certification and Watch-keeping for Seafarers of 1978, as 
amended: 
“Technical Education and Skills Development Authority” refers 
to the government agency created pursuant to Republic Act No. 7796; 
“TLC” refers to the Technical and Livelihood Center: and 
“CDA” refers to the Cooperative Development Authority. 
CHAPTER 11. 
FILIPINO SEAFARER’S RIGHTS 
4 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
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: 
Regulate the operation of all educational and review institutions 
offering courses related to seafaring; 
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 
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 he 
mandated to make every contract of employment, the computation and 
manner by which salaries are remitted to their allottees, and the specific 
privileges and benefits available in the contract of employment accessible to 
their recruits or clienteles. 
SEC. 7. Right to Humane Conditions of Work and Right to Just 
Compensation. The State shall guarantee Filipino seafarers the right to 
humane conditions of work and the right 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. 
SEC. 8. Rights to Self-organization, to engage in 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. 
5 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
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. 
CHAPTERIII. 
PHILIPPINE SEAFARER ONE STOP PROCESSING CENTER 
SEC. 10. Philippine Seafarer One Stop Processing Center 
(PSOC). The PSOC, as established under Administrative Order No. 56, has 
been tasked to operationalize and make available to the public, an integrated 
document processing center for the seafarers and the general public to 
conduct official transactions. 
PSOC 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) Pagibig Fund; 
1) 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. Rationalizing Government Systems and Procedures. 
The government offices enumerated under Section 9 hereof shall, within 
three (3) months from the effectivity of this Act, and 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. 
Said offices, through the PSOC, 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 
6 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
and certification procedures, and facilitating the extension of welfare and 
support services to their respective clients. 
These streamlining efforts shall focus on, among others: 
Simplification 
of 
systems and procedures and reduction 
of 
documentary requirements; 
Implementation of the full disclosure policy; 
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; 
Elimination of unnecessary and duplicative requirements that go 
beyond the requirements as defined in the STCW '78, as amended; 
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; 
Regulation placement fee policy; 
Formulation of rules that ensure speedy disposition of illegal 
recruitment cases: and 
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. 
CHAPTER 1%'. 
MANDATORY REQUIREMENTS FOR FILIPINO SEAFARERS 
SEC. 14. Mandatory Minimum Requirements. To be eligible for 
employment, a seafarer must: 
1) Be a Filipino Citizen; 
2) Be at least, eighteen (18) years old, except as may be determined by 
the Secretary of Labor and Employment; 
3) Be 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 
7 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
I6 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
STCW ‘78, as amended, and other international instruments 
prescribed relevant standards; 
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 
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, at least, undergo and 
successfully complete the required basic training proper to hidher 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 
CHAPTER V. 
GOVERNMENT AGENCIES 
SEC. 17. Role of Government Agencies. The following government 
agencies shall perform the following to promote the welfare and protect the 
rights of Filipino seafarers and, whenever practicable, all overseas Filipinos: 
Department of Foreign Affairs. The DFA, through its home offices 
or foreign posts, shall take priority action or make representation 
with the foreign authority concerned to protect the rights of Filipino 
seafarers and other overseas Filipinos and extend immediate 
assistance, including the repatriation of distressed or beleaguered 
Filipino seafarers and other overseas Filipinos; 
Commission on Higher Education (CHED) shall ensure the 
promotion of quality and efficiency in maritime education through 
advocacy and accountability. 
03.1) Commission on Higher Education and the Technical 
Education and Skills Development Authority. 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. 
8 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
(b.2) Commission on Higher Education and Maritime Training 
Council. The CHED, in coordination with MTC, and 
maritime schools and training institutions, shall be 
responsible for the continuous and comprehensive research, 
review and upgrading of the system of education, training, 
certification and recruitment of all maritime schools and 
institutions, as well as the manning or crewing agencies and 
regulatory commissions.. 
c) Department of Labor and Employment. The DOLE shall ensure that 
labor and social welfare laws in foreign countries are fairly and 
faithfully applied to Filipino seafarers and whenever applicable, to 
other overseas Filipinos, including the grant of legal assistance and 
the referral to proper medical centers or hospitals: 
(c.1) Maritime Training Council. The MTC shall be responsible 
in the formulation, adoption and enforcement of regulatory 
measures for the observance of both the accredited training 
centers and agencies and the trainees to ensure quality 
standards and mechanisms of training and competence of 
overseas Filipino seafarers. 
(c.2) Maritime Industry Authority. The MARINA shall be 
responsible in the formulation, adoption and enforcement of 
regulations governing the quality standards and mechanisms 
of training and competence of local seafarers. 
(c.3) Philippine Overseas Employment Agency. In pursuit of 
promoting the well-being of the Filipino seafarers, the POEA 
shall: 
a) Look into and improve on the working conditions and 
terms of employment of the officers and crew of vessels of 
Philippine registry, and of such officers and crew 
members who are Filipino citizens and employed by 
foreign vessels; 
b) Develop an effective system of monitoring and 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; 
9 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
d) Accredit, 
regulate 
and 
supervise 
predeparture 
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 18. Filipino Seafarers’ Research and Resource Center. The 
CHED shall coordinate with the University of the Philippines School of 
Labor and Industrial Relations (UP SOLAIR) for the establishment of an 
interdisciplinary research and resource center on Filipino seafarers and 
maritime affairs. The center shall primarily conduct studies and researches 
which shall enhance the well-being and interests of Filipino seafarers and 
their competitiveness in the global maritime market. 
CHAPTER VI. 
DOCUMENTATION, LICENSURE AND EXAMINATIONS 
SEC. 19. Documentation. 
For purposes of documentation, the Filipino seafarers shall be 
categorized into local and overseas seafarers. 
Local seafarers are considered documented when they possess the 
following documents: 
Seafarers Identification and Record Book (SIRB) and 
Certificate of Competency issued by the MARINA; 
Certificate of Completion of Training of prescribed courses 
issued by the accredited training centers; 
Licensure Certificate if the seafarer is a Harbor Pilot or a 
Major or Minor Patron. 
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 
10 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
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; 
4) Licensure Certificate if the seafarer is a marine officer; 
5)Such other documents as may be required. 
SEC. 20. Licensure and Examination. The Professional Regulatory 
Commission (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 to 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. 21. Integrated Documentation System. The DOLE, in 
coordination with government agencies concerned, shall develop an 
Integrated Documentation System (IDS) for the purpose of integrating and 
systemizing the documentation of education, training licensing, and 
certification among Filipino seafarers. Said IDS shall contain all relevant 
information on the seafarer, including education, training, licensure 
examinations and certifications taken. It 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. 
CHAPTER VII. 
RECRUITMENT AND PLACEMENT 
11 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
41 
48 
49 
50 
51 
52 
53 
A. The Recruitment and Placement Industry 
SEC. 22. 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; 
Prouided, 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. 23. 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. 24. 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. 26. 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. 26. 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: 
12 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
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. 27. Recruitment and Placement Policies. Manning or 
crewing agencies engaged in private recruitment and placement services 
Make certain that placement fees or other charges for recruitment or 
for providing employment to seafarers shall not be borne directly or 
indirectly, in whole or in part, by the seafarers other than those 
authorized by law. 
For this purpose, the costs of the personal travel documents and 
Seaman’s Book shall not be deemed as “fees and other charges for 
recruitment;” 
Cause the reimbursement of any expenses incurred by the seafarer in 
connection with hidher documentation and processing for purposes of 
deployment, in the event where non-deployment is not the seafarer’s 
fault; 
Ensure that the Filipino seafarers’ well-being and rights shall be the 
primary consideration in the recruitment and placement of seafarers; 
Guarantee that recruitment, placement and deployment of Filipino 
seafarers shall not be made in jobs that are deemed inimical to their 
interests and to the Republic of the Philippines; 
Specify, with due regard to the right to privacy and the need to protect 
confidentiality, the conditions under which the 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; 
Cease from furnishing or publishing any false notice or information or 
document in relations to recruitment and employment, including 
inducing or attempting to induce a seafarer already employed to quit 
his / her employment and offering another employment or influencing 
or attempting to influence, whether deliberately or unintentionally, 
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, which act shall be deemed unlawful; 
13 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
g) Cease from 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; AND 
h) Refrain from using means or mechanisms intended to prevent or deter 
seafarers from gaining employment. 
SEC. 28. Duties of Manning a.nd Crewing Agencies. It shall be 
incumbent upon manning and crewing agencies to ensure that: 
Any seafarer recruited or placed by them is qualified and is in 
possession of the documents necessary for the job concerned; 
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 of the DOLE; 
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; 
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; 
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 hislher employment or sojourn shall be provided; AND 
A registry of all seafarers recruited or placed through them shall be 
put in place and shall be available for inspection by the competent 
authority. 
C. Hiring, Deployment and Employment 
SEC. 29. Hiring by Certain Employers. Members of the diplomatic 
corps, foreign governments and international organizations may hire Filipino 
seafarers; Provided, That the provisions of this Act and other applicable 
guidelines, rules and regulations are followed. 
SEC. 30. 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. 
14 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
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. 31. Ban on Restrictions On 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. 32. Prohibition Against Indiscriminate Deployment of 
Filipino Seafarers. The indiscriminate deployment of following Filipino 
seafarers shall be deemed prohibited: 
Those below eighteen (18) years old or such minimum age requirement 
as may be determined by the DOLE; 
Those medically diagnosed to be unfit to work for the job being applied; 
Those technically non-qualified for overseas employment; 
Those whose employment contract was not processed and approved by 
the POEA; 
Any other factor which the DOLE may deemed prohibited. 
SEC. 33. Visitorial Powers of the DOLE. The Secretary of the 
DOLE or hidher 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. 
CHAPTER VIII. 
ILLEGAL RECRUITMENT 
15 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
SEC. 34. 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 Presidential Decree 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 
(P100,000), 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. 35. 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 (P200,OOO) nor not more than Five hundred thousand 
pesos (P500,OOO). 
b) The penalty of life imprisonment and a fine of not less than Five 
hundred thousand pesos (P500,OOO) nor more than One Million pesos 
(Pl,OOO,OOO) shall be imposed if illegal recruitment constitutes 
economic sabotage as defined in the preceding article: Prouided, 
however, That the maximum penalty shall be imposed if the person 
illegally recruited is Iess 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 
36. Prohibition on Officials and Employees. It shall be 
unlawful for any official or employee of the DOLE agency concerned, or other 
government agencies involved in the implementation of this Act, or their 
relatives within the fourth civil degree of consanguinity or affinity, to engage, 
directly or indirectly, in the business of recruiting Filipino seafarers, as 
defined under this Act. The penalties provided for in the preceding paragraph 
shall be imposed upon them. 
16 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
so 
SI 
52 
53 
SEC. 37. Venue. A criminal action arising from illegal recruitment as 
herein defined 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. 38. Mandatory Period for Filing 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. 39. Prescriptive Periods. Illegal recruitment cases under this 
Act shall prescribe in five (5) years after the commission of the prohibited act: 
Prouided, however, That illegal recruitment cases involving economic 
sabotage as defined herein shall prescribe in twenty (20) years. 
SEC. 40. 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 the 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. 
Notwithstanding the provisions of Republic Act No 6981 to the 
contrary, 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. 
CHAPTER E. 
CONDITIONS OF EMPLOYMENT 
SEC. 41. Employment Agr-eernent. 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: 
54 
c) 
The capacity in which the seafarer is to serve; 
The arrangement made as to the place of discharge and notice to 
terminate the agreement; 
Provisions on rest periods; 
17 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
31 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
d) The wage agreed upon, its method of computation and manner of 
payment. In no case shall the parties agree to wages lower than the 
basic minimum wage prescribe by appropriate government agencies 
at the time of engagement; and 
e) The duration of the employment contract. 
SEC. 42. Allotment and Remittances. It shall be mandatory for all 
seafarers to remit a portion of their earning to their families, dependents, 
and I or beneficiaries in accordance with rules and regulations prescribed by 
the Secretary of DOLE. 
SEC. 43. Limitations on Wage Deductions. A deduction from the 
seafarer’s wages shall not be made without hislher written consent, unless 
the deduction is provided for in the contract of employment and is authorized 
by law. 
SEC. 44. 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. 45. 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. 46. 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. 47. Personal Effects. A seafarer may bring a reasonable 
number of articles for personal use: Prouided, howeuer, 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 him I her for said loss or 
damage. 
SEC. 48. 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 
18 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
let the ship be examined despite valid complaint to do so, the crew may 
refuse to proceed the voyage. 
CHAPTER X. 
HEALTH AND SAFETY 
Sec 49. Prevention of Health Hazards. Work on board the vessel 
must be organized and executive in such a manner that the seafarer’s life and 
limb is well looked after. When a seafarer is assigned to work, due regard 
shall be paid to his qualifications to undertake the work on a safe and sound 
basis. Provisions shall be made to ensure that the seafarer is well-informed of 
the hazards inherent in the work, and that he is given the proper guidance 
and adequate practice necessary to avoid such hazards. 
Sec 50. Sanitary Conditions. Measures should be undertaken to 
ensure cleanliness and proper hygiene on board. The master shall ensure 
that the crew is provided a well-balanced diet. He should also guarantee that 
the crew receives the necessary vaccination or inoculation as required by the 
circumstances or the laws of the country of which the vessel may enter. 
SEC. 51. Medical Examination and Medical Service. A seafarer 
engaged to perform services on board shall secure a medical certificate to the 
effect that he is not suffering from any illness or mental or physical defect 
rendering him unfit for work or which may constitute danger to other persons 
on board. Any member of the crew may also be required to submit to 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. Protection from Sexual Harassment. It shall be the duty of 
the master and the employer to prevent the commission of acts constituting 
sexual harassment and to provide measures for the resolution, settlement or 
prosecution of acts of sexual harassment. 
Sexual harassment is herein defined as an act committed by an 
employer, employee, supervisor, agent of the employer, any other person who, 
having authority, influence or moral ascendancy over another in a work 
environment demands, requests or otherwise requires any sexual favor from 
another, regardless of whether the demand, request or requirement is 
accepted by the subject of the said act. 
CHAPTER XI. 
SOCIAL WELFARE SERVICES AND DISABILITY BENEFITS 
19 


1 
2 
3 
4 
5 
6 
7 
8 
No compensation shall be payable in respect in any injury, incapacity, 
9 
disability or death of the seafarer resulting from hidher willful or criminal 
10 
act; Prouided, howeuer, That the employer can prove that such injury, 
11 
incapacity, disability or death is directly attributable to the seafarer. 
12 
SEC. 53. Disability. In case of work-related total or partial disability 
of the seafarer during the term of hidher 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 hidher 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. 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
When requested, the employer shall furnish the seafarer a copy of all 
pertinent medical reports or records at no cost to the seafarer. 
SEC. 54. 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 beneficiarylies of the seafarer all outstanding 
obligations due the seafarer under hislher 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. 55. Death Benefits. In case of work-related death of the Filipino 
seafarer during the term 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. 
No benefits shall be payable in case of death resulting from a willful 
act by the Filipino seafarer. In connection thereto, the employer can prove 
that such death is directly attributable to the seafarer. 
50 
51 
52 
53 
provided under this Act. 
54 
SEC. 56. Payment of Benefits. The employer shall have ensure 
expeditious arrangement for the payment of death or personal injury benefits 
20 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
The employer shall likewise arrange for adequate insurance coverage. 
SEC. 57. Review of Benefits. The POEA shall, upon consultation, 
with the seafarer’s unions and associations of manning agencies and shipping 
companies, undertake a regular annual review of the death benefits provided 
under this Act and through its governing board, update or amend the death 
benefits to keep it at par with prevailing international standards. 
SEC. 58. 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. 59. 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. 60. Care of the Sick or Injured. In case of illness or injury 
during the term of employment, the master shall arrange for the seafarer to 
receive proper nursing care on board or ashore, including medical attention, 
medicines and attention. 
The sick or injured seafarer shall continue to receive his wages during 
the time he is under contract. 
If the work-related injury or illness requires medical and / or dental 
treatment in a foreign port, the employer shall be liable for the full cost of 
such medical, serious dental, surgical and hospital treatment as well as board 
and lodging until the seafarer is declared fir to work or to be repatriated. 
SEC 61. 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. 
CHAPTER XII. 
DISCIPLINARY AND DISPUTE SETTLEMENT PROCEDURE 
21 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
2s 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
SEC 62. Duties of the Employer I Master. 
TO faithfully comply with the stipulated terms and conditions of 
the employment contract, particularly the prompt payment of 
wages, remittance of allotment and the expeditious settlement of 
valid claims of the seafarer; 
To make operational on board the vessel the grievance machinery 
provided in this contract and ensure its free access at all times by 
the seafarer: AND 
To ensure the protection and safety of seafarers at a11 times. 
SEC 63. Duties of the Seafarer. 
To faithfully comply with and observe the terms and conditions of 
his contract, violations of which shall be subject to disciplinary 
sanctions; 
To treat the ship and the cargo with proper care out his duties as a 
whole with due responsibility; 
To comply with company rules, regulations and policies consistent 
with the rules and regulations issued by the DOLE; 
To conduct himself in an orderly and respectful manner towards 
passengers and shippers stevedores, port authorities and other 
persons official business with the ship. Each shall treat his / her 
colleagues on board with due consideration; AND 
To observe the grievance procedure outlined in this Act. 
SEC. 64. Disciplinary Procedures. The employerlmaster shall serve 
seafarers with a written notice containing the grounds for the charges as well 
as the date, time and place for a formal investigation of the charges against 
the seafarer concerned. 
The employer/master or hidher authorized representative shall 
conduct the 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 
employer / master is convinced that the imposition of a penalty is justified, 
the employer l master shall issue a written notice of penalty and the reason 
there€or to the seafarer, with copies furnished to the manning or 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 
22 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
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. 65. Grievance Machinery. (a) If the seafarer considered himself 
aggrieved, he shall make his complaint in accordance with the following 
procedures: 
1. The seafarer shall approach the head of the Department in which 
he is assigned to explain his grievance; 
2. The seafarer shall state his grievance in writing and in an orderly 
manner, and shall choose a proper time when his complaint or 
grievance can be properly heard; 
3. The Department Head shall seek to resolve the complaint or 
grievance and, where solution is not possible at his level refer the 
complaint or grievance to the Master; 
4. If the seafarer is not satisfied with the decision of the Master, he 
may appeal to the Grievance Resolution Committee which shall be 
composed of the one (1) representative from the ratings to be chosen 
by the concerned seafarer, one (1) representative from the officer 
level to be chosen by the Master, and one (1) neutral party to be 
agreed on by the concerned seafarer and shipmaster; 
5. The Grievance Resolution Committee shall seek to address and 
resolve the grievance within a period of fifteen (15) days upon 
receipt of written appeal; 
6. 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. 
7. The Master shall afford such facilities necessary to enable the 
seaman to transmit his appeal; and 
b) When availed by the seafarer, the grievance procedure and all actions 
or decisions agreed upon shall be properly documented for the 
protection and interest of both parties. Speedy resolution of cases shall 
be given utmost priority. 
SEC. 66. 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) o f  DOLE. 
23 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
21 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
SEC. 67. 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 o f  cases. 
SEC. 68. 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 o f  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 o f  hidher placement fee with interest at twelve 
percent (12%) per annum, plus hidher salaries for the unexpired portion of 
hidher employment contract or for three (3) months for every year of the 
unexpired term, whichever is less. 
SEC 
69. Liability for Claims. The liability of the principal I 
employer and the manning agency for any claims made by a Filipino seafarer 
under this Title shall be joint and several. 
SEC. 70. 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. 
24 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
so 
51 
52 
53 
CHAPTERXIII. 
POST EMPLOYMENT 
SEC. 71. Termination of Employment. The employment of the 
overseas seafarer shall cease when he / she: 
a) Completes hidher 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; 
ii. Signs-off and disembarks for health reasons; 
iii. Signs-off due to shipwreck, lay-up of vessel, change of vessel 
iv. Is discharge for just cause. 
or discontinuance of voyage; AND 
SEC. 72. Termination by the Seafarer. a) A seafarer may terminate 
the employer-employee relationship based on either: 
i) The ship is not seaworthy; 
ii) The principal changes; 
iii) The vessel is sold 
iv) The vessel is shipwrecked; 
v) The seafarer has been ill-treated on board and the master has 
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 
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; 
failed to protect him when requested to do so; 
viii) 
b) In cases mentioned in paragraph (a), subparagraph (vi)-(viii) hereof, the 
seafarer may take hidher 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. 73. Prohibition against Transfer of Station. A Filipino 
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 hidher wages and terms of services 
shall, 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. 
25 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
SEC. 14. Post-Employment Benefits. Whenever applicable, in 
addition to the benefits a seafarer may be entitled to under the OWWA and 
the SSS, a retiring seafarer covered by coIlective 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 a collective bargaining 
agreement, on the other hand, may, upon notice to hislher manning or 
crewing agency and principal, authorize the deduction of a specified 
percentage of hidher monthly wages to form part of hidher 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. 
CHAPTER XIV. 
REPATRIATION 
SEC. 75. Repatriation. All costs related to the repatriation and / or 
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 hidher personal effects. 
SEC. 76. Mandatory Repatriation of Underage Seafarers. Upon 
discovery or information of a Filipino seafarer whose actual age falls below 
eighteen (18) years of age, the nearest Philippine consulate office shall, 
without delay, repatriate the said seafarer and advise the DFA and DOLE as 
soon as possible of such discovery and other relevant information. 
SEC. 17. 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 manningkrewing agency. 
SEC. 78. 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 therein. 
CHAPTER XV. 
REINTEGRATION SERVICES 
26 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
SEC. 79. Retraining and Reintegration. Returning or unemployed 
seafarers may avail of the livelihood developmenthe-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. 80. Establishment of Reintegration 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: 
Develop livelihood programs and project for returning seafarers in 
coordination with the private sector and concerned government 
agencies; 
Coordinate with appropriate private government agencies in the 
promotion, development, and full utilization of their potentials, For 
this purpose, the DOLE shall be the lad 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; 
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 
Provide a periodic study of the assessment of job opportunities for 
returning seafarers. 
SEC. 81. 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. 
CHAPTER XVI. 
21 


S 
2 
3 
4 
5 
6 
7 
8 
9 
so 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
ACCOUNTABILITY OF GOVERNMENT OFFICIAL AND 
PERSONNEL 
SEC. 82. Accountability of Government Officials an,d Personnel. 
Any government official and personnel who fails or refuse to render service(s) 
andlor assistance to seafarers without just cause shall, after due notice and 
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 of 
retirement and other benefits. 
CHAPTER XVII. 
TRANSITORY PROVISIONS 
SEC. 83. Implementing Rules and Regulations. The DOLE, in 
coordination with the DFA and other agencies concerned and within ninety 
(90) days after the effectivity of this Act, shall formulate its rules and 
regulations. 
SEC. 84. Separability Clause. If any provision of this Act is declared 
unconstitutional, the remaining provisions shall be continue in force. 
SEC. 85. 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. 86. Effectivity Clause. This Act shall take effect fifteen (15) 
days after its publication in the Official Gazette or in at least two (2) 
newspapers of general circulation, whichever comes first. 
Approved, 
28