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Nineteenth Congress
Second Regular Session
llouse Bill Nol   882?
Introduced by :
HON.  MARISSA `DEL MAR' P.  MAGSIN0
ONE FILIPINOS WORLDWIDE  (OFW)  PARTYLIST
EXPLANATORY NOTE
Republic  Act  No.  10706,  also  known  as  the  `Seafarers  Protection  Act'
defines  and  prohibits  `ambulance  chasing'  as  the  `act  of  soliciting  personally
or through  an  agent,  from  seafarers,  or their heirs,  the  pursuit of any  claim
against  their  employers  for  the  purpose  of  recovery  of  monetary  claim  or
benefit,   including   legal   interest,   arising  from   accident,   illness  or  death   in
exchange  of an  amount of fee  which  shall  be  retained  or deducted  from  the
monetary   claim   or  benefit  granted   or  awarded  to  the  seafarers  or  their
heirs,.
While   the   law   allows   a    maximum   of   ten   percent   (100/o)   of   the
compensation or benefit awarded to the seafarer, or his heirs, as fees for the
services  of the  person  who  appears  or  represents them  in  the  proceedings,
unscrupulous   ambulance   chasers   actually   charge   exorbitant  fees   ranging
from  fifty  to  seventy  percent  (50°/o-70%)  of the  total  compensation  award,
leaving almost nothing to the seafarer or his heirs to make use of.
This  bill  seeks  to  mandate the  Department  of  Migrant  Workers  (DMW)
to  provide  free  legal  assistance  to  seafarers,  or their  heirs,  in  all  stages  of
their  claims  in  proper  proceedings  for  monetary  award  and  other  benefits
arising    from    employment-related    accident,    illness    or    death.    However,
seafarers,   or  their  heirs,   may  still   opt  to  acquire  the  services  of  private
counsel for the same purpose,  but in  accordance with  RA  10706.


The  over-arching  objective  of the  proposed  measure  is to  insulate  our
seafarers  from  ambulance  chasers  who  exploit  their  financial  difficulties  in
pursuing   their   cause   of  action.   For   funding   purposes,   the   the  Agarang
Kalinga  at  Saklolo  para  sa  mga  OFW  na  Nangangailangan  (AKSNON)  Fund
established  jn  Section  14 of Republic Act  No.  10706,  otherwise  known as the
`Department of Migrant  Workers Act',  shall  be  utilized  for the  delivery  of the
legal  assistance contemplated  in the bill
The   true   evil   of   ambulance   chasing,   when   conscienceless   lawyers
persuade unwitting seafarers injured on the job to seek large settlements for
even    minor    injuries,    lies    in    its    destructive    effect   of   driving    shipping
companies to seek sailors elsewhere,  thus depriving seafarers of prospective
employment  opportunities.  Added  to  the  fact  that  most  of the  money  paid
for  claims  only  ends  up  in  the  pockets  of  unscrupulous  lawyers.   Providing
seafarers free legal  assistance by the government in these situations will  put
them out of reach of ambulance chasers.
For  the  foregoing  reasons,  the  immediate  consideration  and  approval
of this bill  is earnestly  urged.
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Nineteenth Congress
Second Regular Session
flouse Bill No. JL82J
Introduced by :
HON.  MARISSA `DEL MAR' P.  MAGSINO
ONE FILIPINOS WORLDWIDE (OFW) PARTYLIST
AN ACT
MANDATING THE DEPARTMENT OF MIGRANT WORKERS TO PROVIDE
FREE LEGAL ASSISTANCE TO SEAFAREFLS, OR THEIR HEIRS, IN THE
PURSUIT AND RECOVERY OF MONETARY CLAIMS OR BENEFITS
ARISING  FROM  EMPLOYMENT-RELATED ACCIDENT, ILLNESS OR
DEATH, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.  10706,
OTHERWISE KNOWN AS THE `SEAFARERS PROTECTION ACT'
Be  it enacted  by the Senate and  House of Representatives of the  Philippines
in Congress assembled  ..
Section   1.   Oec/afar/.on of po/i-cy -It shall  be the  policy of the State to
protect  Filipino  seafarers  from  unscrupulous  individuals  who  take  advantage
of their plight and  fall  victims to  an  unfair scheme where  ambulance  chasers
charge  exorbitant  fees  with  the  promise  of  huge  monetary  award  in  their
pursuit    and    recovery    of    monetary    claims    or    benefits    arising    from
employment-related   accidents,   illnesses   or  death.   Towards  this   end,   the
State  shall   provide  free  legal  assistance  to  claimant-seafarers  to  insulate
them  from  ambulance  chasers  who  exploit the  seafarers' financial  difficulties
in  pursuing their cause of action.
Section     2.   A new Section  5 is hereby added to  Republic Act No.  10706,  or
`An  Act  Protecting  Seafarers  Against  Ambulance  Chasing  and  Imposition  of
Excessive  Fees,  and  Providing  Penalties Therefor', to read  as follows:


SEC:T±ON    5.    PROVISION  OF  FREE  LEGAL  ASSISTANCE  -  THE
DEPARTMENT  OF   MIGRANT   WORl(ERS   SHALL   PROVIDE   FREE
LEGAL  ASSISTANCE  TO  SEAFARERS,  OR  THEIR  HEIRS,  IN  ALL
STAGES   OF   THEIR   CLAIMS   IN   PROPER   PFIOCEEDINGS   FOR
MONETARY  AWARD  AND  OTHER  BENEFITS,  INCLUDING  LEGAL
INTEREST,  ARISING  FROM  EMPLOYMENT-RELATED  ACCIDENT,
ILLNESS OR DEATH.
NOTHING   IN  THIS  ACT  SHALL  BE  CONSTRUED  TO   PROHIBIT
SEAFARERS,     OR     THEIR     HEIRS,     FROM     ACQUIRING     THE
SEFLVICES   OF   PRIVATE   COUNSEL   FOFI   THE   PURPOSE   AS   AN
OPTION  IN ACCORDANCE WITH THIS ACT.
Section    3.    Sections   5   to   8    of   Republic   Act   No.    10706   are   hereby
renumbered accordingly.
Section    4.   Fundi-ng Source -The amount needed for the implementation
of  this  Act  shall   be  taken   from   the   current  year's  appropriation   for  the
Agarang  Kalinga at Saklolo para sa  mga OFW na  Nangangailangan (A:KSNON)
Fund  established  in  Section  14  of  Republic Act  No.  10706,  otherwise  known
as the `Department of Migrant Workers Act'.
Seckiion   5.   Implementing  Ftu]es and  Ftegu]ations  - W`Tth`in  stixly  {60)
days  from  the  approval  of this  Act,  the  Department  of  Migrant  Workers,  in
coordination   with   the   Maritime   Industry   Authority,   shall   promulgate   the
necessary rules and  regulations for the effective implementation of this Act.
SECTION  6.    Repea/J-ng  C/ause.  -  All  laws,  decrees,  orders,  and  rules
and  regulations contrary to or inconsistent with the provisions of this Act are
hereby repealed or amended accordingly.
SECTION   7.   Effecri-wty C/arse -This Act shall  take effect fifteen  (15)
days after its complete publication  in  in  a  newspaper of general  circulation.
Approved.