NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 720
Senate
•22 JUL 18 PI :58
RECEIVED BV'.
Introduced by Senator Poe
AN ACT
TO PROTECT THE INTERESTS AND WELFARE OF FILIPINO SEAMEN AND 
SEA-BASED MIGRANT WORKERS, ESTABLISHING FOR THE PURPOSE A 
NATIONAL SEAFARERS ADMINISTRATION, APPROPRIATING FUNDS AND 
FOR OTHER PURPOSES
EXPLANATORY NOTE
This bill seeks to create the National Seafarers Administration to look into and 
protect the interests and welfare of Filipino seafarers.
A National Seamen Board was created in 1974 to develop and maintain a 
comprehensive program for Filipino Seafarers employed overseas. However, the Board 
was abolished in 1982 with the creation of the Philippine Overseas Employment 
Administration (POEA) under Executive Order No. 797 which has been empowered to 
formulate and undertake a systematic program for promoting and monitoring the 
overseas employment of Filipino workers. The body Is likewise mandated to protect 
the rights of migrant workers Including seamen so that they can enjoy fair and 
equitable employment practices. An Advisory Board for Seamen was also created 
which was composed of private sector to advise the POEA on its overseas operations.
While many commend the performance of POEA in protecting the rights and 
promoting the welfare of Filipino overseas workers, the overseas seamen continually 
claim that they have been overlooked by the government. The agency concerned may 
not be aware but the seafarers feel that they are not fully protected and their claims, 
not fully attended. The complex problem of these workers necessitates a government 
mechanism fully concentrating on the needs and concerns of the sea-based workers.


This legislation is highlighted with the following significant points:
1. The creation of a special body on Filipino seafarers. It shall be called the 
National Seafarers Administration, an attached agency under the administrative 
supervision of the Department of Labor and Employment (DOLE);
2. The body shall be the centralized government agency that would attend to the 
entire needs of Filipino seafarers by providing them the necessary services, 
supervision, regulation, and guidance in the pursuit of their profession prior, 
during, and after their employment on board domestic as well as overseas trade 
and fishing vessels;
3. The establishment shall be in full compliance also with an agreement of which 
the Philippines is a signatory: the International Maritime Organization 
Standards of Training, Certification, and Watch keeping for Seafarers, 1978 
(IMO STCW-78) as Amended in 1995. This will ensure that from the point of 
view of safety of life at sea and protection of the maritime environment, 
seafarers on board ships are qualified and fit for duties;
4. With a law governing seafarers specifically, there will be an assurance of 
upgrading the knowledge and skills of Filipino seafarers in modern ships 
technologies so as to meet the increasing demand of domestic and foreign 
shipping companies for competent and trained seafarers;
5. There will be a mechanism to revisit and globalize the education and curriculum 
on maritime, marine, and seamen education as well as the establishment of 
technical assistance and other linkages with the Commission on Higher 
Education (CHED).
Approval of the measure is strongly recommended.
GRACE


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 720
Scuatf
of tl)f cretfii'p
'22 JUL18 PI 58
HRtC£iVCD BV:
Introduced by Senator Poe
AN ACT
TO PROTECT THE INTERESTS AND WELFARE OF FILIPINO SEAMEN AND 
SEA-BASED MIGRANT WORKERS, ESTABLISHING FOR THE PURPOSE A 
NATIONAL SEAFARERS ADMINISTRATION, APPROPRIATING FUNDS AND 
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Title. - This act shall be known as the "Pilipinong Marino Act"
2 
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
3 
afford full protection to labor, local and overseas, organized and unorganized, and
4 
promote full employment and equality of employment opportunities for all.
5 
Pursuant to the foregoing state policy, the Philippines, through this Act, shall
6 
consolidate and institutionalize the existing government efforts in effecting meaningful
7 
programs on employment promotion, maritime manpower development and
8 
utilization, and welfare of seafarers integrated In one agency.
9 
Sec. 3. Creation of the National Seamen Administration. - There Is hereby
10 
created a National Seafarers Administration, hereinafter referred to as the
11 
Administration, which shall be organized within sixty (60) days from the date of
12 
approval of this Act.
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The administration, as an attached agency, shall be under the administrative
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supervision of DOLE.
15 
Sec. 4. Objectives. - The Administration shall have the following objectives:
16 
1. To establish and maintain a centralized government agency that would attend
17 
to the needs of Filipino seafarers by providing them the necessary services,
18 
supervision, regulation, and guidance in the pursuit of their profession prior.


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during, and after their employment on board domestic as well as overseas trade
2 
and fishing vessels;
3 
2. To give full and complete effect to the International Maritime Organization
4 
Standards of Training, Certification, and Watch keeping for Seafarers, 1978
5 
(IMO STCW-78) as amended in 1995 so as to ensure that from the point of
6 
view of safety of life at sea and protection of the maritime environment,
7 
seafarers on board ships are qualified and fir for duties;
8 
3. To develop, organize, maintain, and operate an integrated maritime manpower
9 
development system that shall undertake the training, certification, or licensing
10 
and qualification of Filipino seafarers in accordance with IMO STCW-78 and
11 
International Labor Organization (ILO) Conventions, governing pre-
12 
employment qualification requirements and documentation for both domestic
13 
and overseas manning and fishing industries;
14 
4. To upgrade the knowledge and skill of Filipino seafarers In modern ship
15 
technologies so as to meet the increasing demand of domestic and foreign
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shipping companies for competent and trained seafarers;
17 
5. To promote skills training of Filipino seafarers in safety of life and property at
18 
sea in order to prevent sea disasters which are attributed to human factors;
19 
6. To organize, maintain and operate an exclusive adjudication and welfare office
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for domestic as well as overseas seafarers and fishermen that shall protect their
21 
welfare under just and humane conditions of work and wages, and promote a
22 
sound and stable manning industry;
23 
7. To establish, maintain and operate a seafarers market promotion and
24 
information office that shall enhance employment 
opportunity 
to Filipino
25 
seafarers;
26 
8. To encourage and monitor foreign exchange receipts from the earnings of
27 
overseas Filipino seafarers and fishermen as major contribution to the
28 
upliftment of our national economy in coordination with the Department of
29 
Finance (DoF) and the Bangko Sentral ng Pilipinas (BSP);
30 
9. To represent the Philippine Government In all international and regional
31 
meetings, conferences and/or conventions concerning maritime labor, training
32 
and certification of seafarers;


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lO.To keep under constant review all international and regional meetings,
2 
conferences and/or conventions concerning maritime labor, training and
3 
certification of seafarers; and
4 
11.To provide technical assistance and other linkages with the Commission on
5 
Higher Education (CHED) in ail matters pertaining to education and training and
6 
skills development of seafarers.
7 
Sec. 5. General Powers and Functions of the Administration. - The
8 
Administration shall have the power to regulate and supervise the manpower
9 
development and hiring of Filipino seafarers by shipping companies, entitles or persons
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on board domestic as well as overseas trade vessels.
11 
Sec. 6. The Governing Board. - The Administration shall have a tripartite
12 
governing board hereinafter referred to as the Board which shall serve as the
13 
management and policy-making body. The Board shall be authorized to organize a
14 
Technical Working Committee on a permanent or ad hoc basis. The Board shall be
15 
composed of nine (9) members to be appointed by the President: three (3)
16 
representatives from the Government Sector with the Secretary of DOLE as ex-officio
17 
Chairman; three (3) representatives from the management sector, one of whom shall
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come from the association of ship owners In the overseas trade, another from the
19 
inter-island domestic ship-owners association and the last from the manning agent's
20 
association; and three (3) representatives from the labor sector, one of whom shall
21 
come from the unions of seafarers in the overseas trade, another from the unions of
22 
seafarers in the domestic trade and the last to be proposed by the above stated
23 
unions.
24 
The members of the Board shall be entitled to a per diem of One thousand
25 
(PI,000.00) for actual attendance in meetings which shall not exceed Two thousand
26 
pesos (P2,000.00) per month. The members of the Technical Working Committee shall
27 
be entitled to a per diem of Five hundred pesos (P500.00) for actual attendance In
28 
meetings but which shall not exceed Two thousand pesos (P2,000.00) per month.
29 
Sec. 7. Powers and Functions of the Board. - The Board shall be the highest
30 
policy making-body of the Administration. It shall exercise overall administrative
31 
supervision over the Administration to ensure the efficient Implementation of policies
32 
and programs laid down by the Board. The Chairman shall appoint the officials and


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employees of the administration jjpon the recommendation of the Board and 
subsequent approval of the Civil Service Commission (CSC). The Board shall have the 
following functions:
a) Promote and protect the rights and well-being of the Filipino sea-based workers
for domestic and overseas employment to fair recruitment and employment 
practices; 
;
b) Regulate private sector partjcipation in the recruitment and placement of 
domestic and overseas sea-|Dased workers by setting up a licensing and 
registration system;
c) Formulate, in coordination with appropriate entities concerned, a system for 
promoting and monitoring the domestic and overseas employment of Filipino 
sea- based workers taking into consideration their welfare and domestic 
manpower requirements;
d) Exercise original and exclusive jurisdiction to hear and decide all arising out of 
an employee-employer relationship or by virtue of any law or contract Involving 
Filipino sea-based workers fot domestic and overseas employment including
I
disciplinary cases; and all pre-employment cases which are administrative in 
character Involving or arising out of violation of the condition for issuance of 
license or authority to recruit Workers. All prohibited recruitment activities and 
practices defined by virtue of| existing laws shall be prosecuted in the regular 
courts in close coordination wjth the concerned departments or agencies;
e) Promote the development of skills and careful selection of Filipino sea-based 
workers for domestic and overseas employment;
f) Undertake the overseas market development activities for placement of Filipino
sea- based workers; 
|
g) Secure the best terms and (tonditlons of employment of Filipino sea-based 
contract workers and ensure compliance therewith; and
h) Establish and maintain close relationship and enter into joint projects with the 
Department of Foreign Affairs !(DFA), Philippine Tourism Authority (PTA), Ninoy 
Aquino International Airport (NAIA), Department of Justice (DOJ), Department 
of Budget and Management (iBM), and other relevant government entities, in 
the pursuit of Its objectives. The Board shall also establish and maintain joint


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projects with private organizations, domestic or foreign, in the furtherance to
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its objectives.
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Sec. 8. General Powers and Functions of the Administrators and the Deputy
4 
Administrator. -
5 
a.) The Administrator shall be the Chief Executive Officer of the Administration and,
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in exercising the functions, shall establish and maintain close functional
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relationship with the bureau of Local Employment of DOLE and other
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government and private entities concerning manpower development and
9 
employment of seafarers in relation to the needs of the industries, and shall
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direct and supervise the overall operation of the Administration. The
11 
Administration shall have the following functions and duties:
12 
1) Assume full responsibility of Implementing the purpose and objective of the
13 
Administration;
14 
2) Formulate, develop, and subject to the approval of the Board, implement
15 
programs and measures that would effectively carry out the policies laid
16 
down by the Board;
17 
3) Execute and administer all approved policies programs and measures, and
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allocate appropriate resources for their operations;
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4) Recommend to the Board the appointment of all supervisory, technical,
20 
clerical and other personnel of the administration;
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5) Represent the Administration in ail its official transaction or dealings and to
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authorize with his signature legal contracts, annual reports, financial
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statements, correspondences and other documents;
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6) Submit to the Board an annual report on the operation of the
25 
Administration; and
26 
7) Perform other duties and functions as may be authorized by law as directed
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by the Secretary of Labor and Employment or his designated permanent
28 
representative.
29 
b.) The Deputy Administrator shall be the assistant of the Administrator in all
30 
matters pertaining to the overall operations of the Administration. The person
31 
shall have the following duties and responsibilities:


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1) Advise and assist the Administrator in the formulation and implementation
2 
of policies and programs of the administration;
3 
2) Evaluate the effectiveness of the Administration's organizational and
4 
functional systems in the rendition of efficient delivery of services, and if
5 
necessary recommend appropriate measures to Improve performances of
6 
cognizant offices in the Administration;
7 
3) Oversee and coordinate the operational activities of the Administration, and
8 
shall be responsible to the Administrator for their economical but efficient
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and effective services;
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4) Act as Chairman of the Personnel Selection and Promotions Board, and shall
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be responsible for the welfare, morale and discipline of personnel in the
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Administration;
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5) As deputy to the Administrator, assume the powers, duties and
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responsibilities of the Administrator as may be authorized by law or as
15 
directed by his Immediate superior; and
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6) Perform such other and responsibilities as may be authorized by law or as
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directed by his immediate superior.
18 
Sec. 9. Functions of the Principal Offices. - For proper coordination and
19 
effective Implementation of the purpose and objectives of the Administration, each
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principal subordinate office shall perform the following functions:
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a.) The Manpower Development Office - The Manpower Development Office shall
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implement policies and guidelines towards the promotion of skills and
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professional competence of seafarers, and in the furtherance thereof, the office
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shall:
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1) Develop and establish training standards for Filipino seafarers;
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2) In coordination with concerned government agencies, accredit, regulate,
27 
and supervise maritime training centers;
28 
3) Issue Seafarers Identity document or Seamen's Service Record Book as
29 
prescribed by ILO Convention No. 108 and other rules and regulations
30 
governing the issuance of said document;
31 
4) Issue certificates of proficiency and/or endorsement of certificates in
32 
conformity with IMO-ILO Convention on STCW-78, and ILO Convention Nos.


1 
74 and 69, and other qualification requirements of the shipping industries,
2 
in coordination with the Marine Board of Examiners for Engine and Deck
3 
Officers of the Professional Regulation Commission;
4 
5) Establish and maintain a centralized registry of properly trained and certified
5 
seafarers for domestic and overseas trade and fishing vessels; and
6 
6) Perform such other functions as may be directed by the Administrator.
7 
b.) The Licensing Accreditation and Placement Office - The Licensing, Accreditation
8 
and Placement Office shall undertake a systematic program of Implementing
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the Administration's policies of promoting, regulating, and monitoring the
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employment of seafarers as well as the operation of private manning agencies.
11 
Pursuant thereto, the offices shall:
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1) Establish, operate, and maintain a licensing and accreditation system to
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regulate the recruitment and the placement of seafarers in accordance with
14 
ILO Convention No. 9 and in conformity with existing Philippine laws, rules
15 
and regulations governing employment of seafarers;
16 
2) Process the application for licenses or authority to operate private manning
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agencies and supervise and regulate the operations of the said agencies;
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3) Prepare and implement an inspection program for the effective supervision
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and evaluation of the activities of private manning or shipping agencies;
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4) Process all shipboard contracts and/or shipping articles, and secure the best
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possible terms and conditions of employment for seafarers;
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5) Hear cases Involving violations of rules and regulations on the recruitment
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and placement; violations of the conditions of licenses or authority including
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complaints for suspension and cancellation or revocation thereof, and
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recommend to the Administrator appropriate actions deemed necessary;
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6) Register and Issue seamen's registration cards to all employable and
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qualified seafarers and fishermen desiring to be employed on board
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domestic as well as overseas trade and fishing vessels; and
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7) Perform such other functions as may be directed by the Administrator.
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c.) The Welfare Office - The Welfare Office shall undertake measures to enhance
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the well-being of seafarers. In this regard, it shall perform the following
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functions:


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1) Conduct pre-departure orientation seminars or briefings to departing
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seafarers scheduled for employment It shall also undertake studies and
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development materials for use in pre-departure orientation seminar of
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seafarers and other related activities;
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2) Accredit, regulate and supervise pre-departure orientation seminars or
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briefings of authorized manning or shipping agencies;
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3) Formulate and undertake programs and projects for the effective and
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efficient utilization of seafarers welfare funds;
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4) Provide services to assist the seafarers and their immediate dependents and
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families; and
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5) Perform such other duties as may be directed by the Administrator.
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d.) The Adjudication Office. - The Adjudication Office shall undertake measures
13 
towards industrial peace. In this regard, it shall perform the following functions:
14 
1) Establish and maintain speedy and efficient conciliation and adjudication
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machinery, the resolution of which shall be made in every case within thirty
16 
(30) days from submission thereof;
17 
2) Exercise exclusive jurisdiction over ail cases involving seafarers employer-
18 
employee relationship Including money claims of both parties: Provided,
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That each case shall be decided within ninety (90) days from the time the
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Issues are joined or from the date of filing of said claim;
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3) Hear complaints and/or adjudicate cases or illegal recruitment or exaction
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of excessive employment fees: Provided, That each case shall be disposed
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of within sixty (60) days from the filing thereof; and
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4) Perform such other duties as may be directed by the Administrator.
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e.) The Research, Standard and Marketing Development Office ~ The Research,
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Standard and Marketing Development Office shall formulate, develop, and
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Implement a comprehensive maritime manpower export development and
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market promotion strategies geared towards enhancement of seafarers'
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employment opportunities In domestic and overseas markets. In furtherance
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thereto, it shall perform the following functions:
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1) Conduct researches, studies, and statistics on the trend and other data on
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both domestic and overseas shipping and manning Industries for use as


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materials in policy formulation, market promotion, and manpower
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development program;
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2) Based on researches and studies, formulate and develop standards for the
4 
Administration's manning offices;
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3) Provide appropriate data and statistics in the formulation of plans and
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programs of the Administration;
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4) Provide support services and materials for the reproduction and publication
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of all printed materials of the Administration;
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5) Develop, establish and maintain a public Information system and such
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facilities that would educate and orient seafarers regarding the
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Administration's policies, programs, and activities affecting their
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professions; and
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6) Perform such functions as may be directed by the Administration.
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f.) The Administrative Office - Tiie Administrative Office shall be responsible for
15 
providing the administration with services relating to personnel Information,
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records, supplies, equipment, collection and disbursements, and security and
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custodial works. It shall provide the Administration with staff advice and
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assistance on budgetary, financial, and management matters.
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Sec. 10. Organization and Functions of Field Offices. - Whenever it becomes
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necessary for the Administration to expand its operation to major seaports or outports,
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it shall establish such number of field offices which shall be the operating arm of the
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Administration In those areas. These field offices shall assume the responsibilities of
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implementing and administering the function of the Administration at those levels and
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the location, composition, organization and functional requirements of the field offices
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shall be determined by the Secretary of DOLE upon the recommendation of the
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Administration.
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Sec .11. Staffing Pattern. - The organizational framework and staffing pattern
28 
of the Administration shall be prescribed and approved by the Secretary of Labor and
29 
Employment within sixty (60) days after the approval of this Act. The compensation
30 
plan of the Administration shall at least be patterned after that of the POEA.
31 
With regard to appointments to positions in the approved staffing pattern,
32 
optimum consideration shall be made conforming to the objective of setting up and


1 
maintaining in the Administration the highest standards of integrity, efficiency, and
2 
competence.
3 
In addition to other forms of incentive that may be granted by the Board, all
4 
personnel of the Administration shall be entitled to the benefits normally accorded to
5 
government employees.
6 
Sec. 12. Special Provisions. - In implementing the provisions of this Act, the
7 
Administration may call upon the government agency or instrumentality for technical
8 
and personnel assistance. And in order to strengthen Its coordinative functions, the
9 
Administration shall hire and train appropriate technical personnel which may be
10 
assigned to other government agencies involved in the Implementation of laws, rules
11 
and regulations relative to the operations of the Administration.
12 
Sec. 13. Transitory Provisions. - The Maritime Training Council (MTC) and all
13 
offices, departments, branches, divisions, or sections of the POEA, Overseas Workers
14 
Welfare Administration (OWWA), the Maritime Industry Authority (MARINA), the
15 
Philippine Coast Guard (PCG), and the Marine Board of Examiners for Engine and Deck
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of the Professional Regulation Commission (PRC) under presidential Decree No. 97 as
17 
amended. Maritime Section of CHED, Maritime Section of National Telecommunication
18 
Commission (NTC), and other government agencies and instrumentalities performing
19 
any of the functions provided for under paragraphs "a" and "e" and each of the
20 
subparagraphs therein of Section 9 of this Act are hereby transferred with their
21 
personnel, records, files, supplies, vehicles, equipment, furniture, funds, and other
22 
properties to the National Seafarers Administration.
23 
For the purpose of affecting a smooth, orderly and expeditious organizational
24 
and functional transition period, the following shall among others govern such
25 
undertakings:
26 
a) The Administration shall coordinate with agencies and instrumentalities
27 
mentioned in this Section in order to minimize the disruption of the usual
28 
services being rendered to the public and its clientele;
29 
b) Officials and employees of all agencies concerned shall not be deprived of re-
30 
employment to the Administration nor shall there be a diminution in their ranks
31 
or salaries, unless a contrary existing law so provides; and
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c) Employees affected by the creation of the Administration shall be given 
preference for appointment in the Administration on the basis of merit and 
fitness: Provided^ That those who may be laid off for cause or by option of 
voluntary phase out, shall be given gratuity equivalent to one (1) month's salary 
for every year of service, in addition to all benefits to which they are entitled 
under existing laws and regulations.
Sec. 14. Pena! Provisions. - Any person, association, corporation or entity who 
violates any provisions of this Act, or the rules and regulations thereof shall upon 
conviction be punished or fined in accordance to the degree of offense as the court or 
adjudicating administration may Impose in accordance with existing civil or penal laws 
of the Philippines: Provided. That in case the violation is committed by an association, 
corporation or entity, the penalty shall be imposed on the responsible officers, 
directors, or owner of the said entities: Provided finally, that nothing in this Act shall 
prevent the Natioi ial Seafarers Administration from Instituting administration penalties 
for violations of any regulations that it may promulgate.
Sec. 15. Appropriations. - The amount necessary for the implementation of this 
Act shall be taken from the funds of all offices, departments, branches, divisions or 
sections of POEA, MARINA, MTC, the Philippine Navy (PN), and the Marine Board of 
Examiners for Engine and Deck of PRC under Presidential Decree No. 97, as amended, 
and other government agencies and instrumentalities performing any of the functions 
and programs provided for this Act. Thereafter, such sums as may be needed for the 
operation and maintenance of the Administration shall be included in the annual 
General Appropriations Act.
Sec. 16 Repeaiing Ciause. - All laws, ordinances, rules and regulations, and 
other issuances or parts thereof which are inconsistent with this Act, are hereby 
repealed or modified accordingly.
Sec. 17. Separability Ciause. - If for any reason any section or provision of this 
Act is declared unconstitutional or invalid, the other sections or provisions thereof, 
shall not be affected thereby.
Sec. 18. Effectivity. - This Act shall take effect upon its complete publication in 
at least two (2) national newspaper of general circulation.
Approved,
11