REPUBLIC OF THE PHILIPPINES 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
__________________________________________________________________ 
Introduced by Representative MARLYN L. PRIMICIAS-AGABAS 
__________________________________________________________________ 
EXPLANATORY NOTE 
This bill seeks to institute a magna carta of Filipino seafarers 
providing for its purpose the protection and improvement of seafarers’ 
working conditions, terms of employment, repatriation and reintegration 
policies, rights, social welfare benefits, health protection and medical care, 
and other privileges. This bill has already been approved by the House of 
Representatives on its 3rd and final reading in the 17th and 18th Congress. 
However, it has not yet ripened into a law thereby necessitating the refiling 
of the same on account of the primordial role of our seafarers in nation 
building as formidable economic force. 
We are fully cognizant of the fact that seafarers have accounted 
much to Philippine economy. Overseas Filipino seafarers constitute a huge 
bulk of the world’s merchant marine fleet.  In 2017 alone, seafarers have 
contributed $5.87 billion in remittances to the country up by 21.4% from 
$4.84 billion in 2012 (Maritime to triple contribution to economy, The 
Manila Times, December 25, 2018). Correlatively, it is the State’s 
responsibility to equate the seafarers’ indispensable contribution through 
legislative measures that will institutionalize the protection and 
advancement of their welfare and social well-being.  
In full recognition of the contributions of our seafarers, the approval 
of this bill is earnestly sought.  
MARLYN L. PRIMICIAS-AGABAS 
July 8, 2022
12:16 pm
1647


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative MARLYN L. PRIMICIAS-AGABAS 
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: 
SECTION 1. Short Title. – This Act shall be known as the “Magna 
1 
Carta of Filipino Seafarers”. 
2 
SEC. 2. Declaration of Policy. – It is hereby declared the policy of the 
3 
State: 
4 
[a]
to afford Filipino seafarers full protection before, during
5 
and after employment by granting them certain rights
6 
as maritime professionals, in recognition of their role
7 
and contribution to national development;
8 
b]
To maintain and progressively develop a pool of
9 
component   world-class seafarers through a system of
10 
education, training, accreditation and licensing;
11 
[c]
To establish mechanisms for the enhancement of
12 
administrative, adjudicative, social as well as welfare
13 
services for them and their families;
14 
[d]
To enact laws that adopt, and implement the standards
15 
set by international conventions and agreements on
16 
working and living conditions, and occupational safety
17 
1647


 
and health, among others for seafarers particularly the 
18 
Maritime Labour Convention, 2006 [MCL, 2006]; and 
19 
[e] 
To recognize ship owners, manning and recruitment 
20 
entities as vital partners in promoting the skills and 
21 
competences of Filipino seafarers. 
22 
Towards these ends, the state shall endeavor to 
23 
improve the Filipino seafarers’ working conditions, 
24 
terms of employment, career prospect and provide them 
25 
opportunities to harness their potentials to the fullest. 
26 
The State shall further promulgate policies and 
27 
programs to uplift the socioeconomic well-being of the 
28 
families of Filipino seafarers. 
29 
Sec. 3. Applicability. – This Act shall cover Filipino seafarers 
30 
engaged, employed, or working in any capacity on board Philippines 
31 
registered ships operating domestically or internationally, as well as 
32 
those on board foreign registered ships. 
33 
 
 
This Act shall not cover the following categories of ships: 
34 
 
 
[a] 
Warships and naval auxiliaries; 
35 
[b] 
Government 
ships 
not 
engaged 
in 
commercial 
36 
operations; 
37 
[c] 
Ships of traditional build, as may be defined under 
38 
existing rules and regulations; and 
39 
 
 
[d] 
Fishing vessels. 
40 
SEC. 4. Definition of Terms. – As used in this Act: 
41 
[a] 
Cadet refers to a student of a maritime educational 
42 
institution who is required to undergo training on board 
43 
registered international ships or domestic ships to fulfill 
44 
a maritime academic course; 
45 


 
[b] 
Domestic Shipping refers to the transport of passenger 
46 
or cargo, or both, by ships duly registered and licensed 
47 
under Philippine law to engage in trade and commerce 
48 
between 
Philippine 
ports 
and 
within 
Philippine 
49 
territorial or internal waters for hire or compensation 
50 
with general or limited clientele whether permanent, 
51 
occasional or incidental, with or without fixed routes 
52 
and 
undertaken 
for 
contractual 
or 
commercial 
53 
purposes; 
54 
[c] 
International Maritime Convention or International 
55 
Convention refers to any written treaty or agreement, or 
56 
any protocol or amendment thereto, affecting the 
57 
maritime industry which has come into force and effect, 
58 
including the MLC, 2006; 
59 
[d] 
License refers to the document issued by the 
60 
Department 
of 
Labor 
and 
Employment 
[DOLE] 
61 
authorizing any person or entity to engage in the 
62 
recruitment and placement of seafarers; 
63 
[e] 
Manning/Recruitment and Placement Agency refers to 
64 
any 
Filipino 
person, 
corporation, 
partnership, 
65 
company, or other entity engaged in the canvassing, 
66 
enlisting, contracting, transporting, utilizing, hiring or 
67 
procuring whether for profit or not, of seafarers whether 
68 
domestic or international; 
69 
[f] 
Maritime Industry stakeholders refer to all private sector 
70 
stakeholders, engaged in the business or owning, 
71 
management, chartering or operating domestic and 
72 
international ship[s] of Philippine or foreign registry, 
73 
manning of ships, management of ports, stevedoring 
74 
and arrastre services, ship brokering and chartering, 
75 


 
shipbuilding and ship repair, providing maritime 
76 
services such as ship supplies and provisions, maritime 
77 
education and training, shipping agency, and other 
78 
similar activities. 
79 
This term shall also include bona fide maritime 
80 
labor organizations and professional associations of 
81 
seafarers; 
82 
 
 
[g] 
Master refers to a person having command of a ship; 
83 
[h] 
Maritime Labour Certificate refers to the document that 
84 
certifies that working and living conditions of the 
85 
seafarers on the ship have been inspected and are 
86 
compliant with the requirements of the Philippines laws 
87 
and regulations; 
88 
[i] 
Officer refers to a member of the crew other than the 
89 
master who has been designated as such by national 
90 
law or regulation or, in the absence of such designation, 
91 
by collective agreement or custom; 
92 
[j] 
Deck Officer refers to an officer qualified in accordance 
93 
with    Chapter II of the International Convention on the 
94 
Standards of Training, Certification and Watch keeping 
95 
for Seafarers, 1978 [STCW, 1978], as amended; 
96 
[k] 
Engine Officer 
refers to an officer qualified in 
97 
accordance with Chapter III of the International 
98 
Convention on the STCW, 1978, as amended;  
99 
[l] 
Philippine National refers to any individual who is 
100 
citizen of the Philippines, or a commercial partnership 
101 
or corporation organized under the laws of the 
102 
Philippines, at least sixty percent [60%] of the capital of 
103 
which is owned by citizens of the Philippines; 
104 


 
[m] 
Philippine Seafarers’ One Stop Processing Center [PSOC] 
105 
refers to the facility created under DOLE Administrative 
106 
Order No. 56, Series of 2003, which houses multiple 
107 
offices or agencies involved in providing services to 
108 
seafarers, in one place; 
109 
[n] 
Point of Hire refers to the place where the contract of 
110 
employment was executed; 
111 
[o] 
Recognized 
Organizations 
refer 
to 
organizations 
112 
recognized by DOLE to carry out inspections or issue 
113 
the Maritime Labour Certificate in accordance with the 
114 
scope of activities covered by their authorizations; 
115 
[p] 
Repatriation refers to the process of returning a seafarer 
116 
to the point of hire; 
117 
[q] 
Seafarer refers to a person who is employed or is 
118 
engaged to work in any capacity on board a ship to 
119 
which the Act applies; 
120 
[r] 
Ship or Vessel refers to any kind, class or type of craft 
121 
or artificial contrivance capable of floating in water, 
122 
whether publicly or privately owned, ordinarily engaged 
123 
in commercial activities and offshore operations, except 
124 
fixed platform; 
125 
[s] 
Seagoing Ship refers to a ship other than those which 
126 
navigate exclusively in inland water or water within or 
127 
closely adjacent to sheltered water, or areas where port 
128 
regulations apply; 
129 
[t] 
Shipowner refers to the owner of the ship employing 
130 
Filipino seafarers to work on board domestic ships and 
131 
ship engaged in international trade, or any other 
132 
organization or person, such as the manager, agent or 
133 


 
bareboat charterer, who has assumed the responsibility 
134 
for operation and management of the ship, and who, in 
135 
assuming such responsibilities, has agreed to take over 
136 
all the attendant duties and responsibilities of 
137 
shipowner under this Act, regardless of whether any 
138 
other organization or person fulfill certain of the duties 
139 
or responsibilities on behalf of the shipowner. 
140 
CHAPERT II 
141 
SEAFARERS’ RIGHTS 
142 
SEC. 5. Right to Just Terms and Conditions of Work. – Seafarers shall 
143 
have the right to: 
144 
[a] 
Safe and secure workplace that complies with safety 
145 
standards; 
146 
 
 
[b] 
Decent working and living conditions on board a ship; 
147 
[c] 
Medical care, welfare measures and other forms of 
148 
health and social protection; and 
149 
[d] 
Fair terms and conditions of employment including 
150 
salary commensurate to their rank, hours of work, and 
151 
other relevant basis for wage computation, minimum 
152 
number or working hours, rest period consistent with 
153 
Philippine laws or international maritime conventions, 
154 
when applicable. 
155 
SEC. 6. Right to Self-organization, to Engage in Collective Bargaining 
156 
and to Participate in Democratic Exercises. -  Seafarers shall enjoy 
157 
their right to self-organization, to collective bargaining and to 
158 
participate in the deliberation of issues and in the formulation of 
159 
the policies that affect them, including the guarantee of 
160 
representation in governing boards or appointment in government 
161 
instrumentalities. 
162 


 
SEC. 7. Right to Educational Advancement and Training at 
163 
Reasonable and Affordable Cost. –Seafarers shall have access to 
164 
educational advancement and training at reasonable and affordable 
165 
costs. 
166 
No fee or other charges shall be imposed on cadets, interns, 
167 
apprentices, on-the-job-trainees or other persons similarly situated. 
168 
 
 
Towards this end, relevant government agencies shall: 
169 
[a] 
Regulate the operation of all educational and training 
170 
institutions offering courses related to seafaring; 
171 
[b] 
Pursue 
grant 
programs 
such 
as 
scholarships, 
172 
subsidies, loan assistance and other measures that will 
173 
harness the skill of Filipino seafarers toward greater 
174 
competitiveness given the new demands in the 
175 
industry; and 
176 
[c] 
Promote quality maritime education and training that 
177 
respond to the needs of the industry and in accordance 
178 
with minimum international maritime standards of 
179 
competency. 
180 
SEC. 8. Right to Relevant Information. – Shipowners, manning 
181 
agencies, and other organizations responsible for the recruitment 
182 
and placement of Filipino seafarers shall be mandated to provide 
183 
seafarers relevant information, including the terms and conditions 
184 
of employment and company policies affecting seafarers. This right 
185 
shall include the right of seafarers’ organizations to relevant 
186 
information affecting the terms and conditions of employment of 
187 
their members. 
188 
All ships covered by this Act shall have a copy of the MLC, 
189 
2006 and the grievance procedures observed on board.                                           
190 


 
SEC. 9. Right to Consultation. – Seafarers, shipowners and legitimate 
191 
seafarers’ and shipowners’ organizations, as well as other relevant 
192 
stakeholders, shall be adequately consulted before any maritime 
193 
policy, executive issuance, rule or regulation affecting seafarers and 
194 
their families is promulgated, or before any maritime law that may 
195 
directly affect them is enacted.                                                               
196 
SEC. 10. Right Against Discrimination. – Upon employment, 
197 
seafarers shall have the right against discrimination by sole reason 
198 
of race, sex, religion and political opinion. Career opportunities shall 
199 
be promoted and appropriate working and living conditions shall be 
200 
guaranteed equally among male and female seafarers. 
201 
SEC. 11. Right to Free Legal Representation. – Seafarers who are 
202 
victims of violations of the provisions of this Act and who cannot 
203 
afford the services of a competent and independent counsel shall 
204 
the right to free legal assistance and protection at government’s 
205 
expense, subject to existing rules and regulations.                                   
206 
SEC. 12.  Right Access to Communication. – Seafarers, especially 
207 
during their free time or when they are not on duty, shall have 
208 
reasonable access to ship-to-shore telephone communications, and 
209 
email and internet facilities, where available. 
210 
CHAPTER III                           
211 
DUTIES OF SEAFARERS                                                
212 
 
SEC. 13. Seafarers shall have the following duties:                                  
213 
(a) 
To comply with and observe the terms and condition of 
214 
the employment contract;       
215 
(b) 
To abide by lawful and reasonable company personnel 
216 
policies; 
217 


 
(c) 
To be obedient to the lawful commands of the Master or 
218 
the Master’s lawful successor, and to comply with the 
219 
shipowner’s/principal’s 
policy 
on 
safety 
and 
220 
operational procedures and instructions given in 
221 
connection therewith;                  
222 
(d) 
To be diligent in the performance of duties relating to 
223 
the ship, its stores, equipment and cargo, whether on 
224 
board, in transit or ashore;                            
225 
(e) 
To be, at all times, orderly and respectful to the 
226 
shipmates, passengers, shippers, stevedores, port 
227 
authorities, and other persons who have official 
228 
business with the ship; and                                                                  
229 
(f) 
To be personally responsible for maintaining a healthy 
230 
lifestyle .           
231 
CHAPTER IV                                                                
232 
MINIMUM REQUIEREMENTS FOR SEAFARERS                                       
233 
SEC. 14. Minimum Age. – No person below eighteen (18) years old, 
234 
other than a cadet, shall be employed, engaged, or otherwise allowed 
235 
to work on board Philippine registered ships operating domestically 
236 
or internationally, as well as on board foreign registered ships.                                
237 
SEC. 15. Medical Certificates. – No seafarer shall be employed, 
238 
engaged, or otherwise allowed to work on board a domestic or ocean-
239 
going ship unless a medical certificate has been issued declaring the 
240 
seafarer to be fit to work. 
241 
The seafarer shall hold a valid medical certificate issued by a 
242 
medical facility duly accredited by the Department of Health (DOH) 
243 
in accordance with its existing rules and regulations.                                              
244 


 
The medical certificate shall certify that the person is expected 
245 
to be able to meet the minimum requirements for performing the 
246 
duty specific to the person’s post at sea safely and effectively during 
247 
the period of the validity of the certificate.     
248 
For the purpose of this section, a medical certificate issued in 
249 
accordance with the requirements of STCW shall be accepted.                                 
250 
SEC. 16. Training and Qualifications. – Only seafarers certified by 
251 
appropriate government agencies shall work, be employed or be 
252 
engaged on board a ship.                                                                                         
253 
SEC. 17.  Recruitment and Placement. – Only duly licensed manning 
254 
or placement and recruitment agency shall be allowed to operate 
255 
and engage in the recruitment and placement of seafarers, in 
256 
accordance with the rules and regulations as may be issued by the 
257 
Secretary of Labor and Employment.                                          
258 
No amount or fee shall be charged to the seafarer for their 
259 
recruitment and placement. 
260 
SEC. 18. Contracting or Subcontracting of Services. – The 
261 
contracting or subcontracting of seafarers of for work on board 
262 
domestic ships shall be governed by existing rules and regulations 
263 
issued by the DOLE.                     
264 
CHAPTER V                                                                  
265 
CADETSHIP  
266 
SEC. 19. Applicability. – The shipboard training of cadets shall be 
267 
governed by Sections 5 to 12 of Chapter II; Section 13 of Chapter III; 
268 
Section 15 of Chapter IV; Sections 22 to 23 of Chapter VI; Sections 
269 
25 to 27 of Chapter VII; Sections 31 to 35 Chapter IX; Section 36 of 
270 
Chapter X; and Section 42 of Chapter XIV hereof.   
271 


 
SEC. 20. Shipboard Training Agreement for Cadets. – There shall be 
272 
a written agreement between the shipowner on one hand, and the 
273 
cadet and the maritime institution or school on the other hand, and 
274 
which shall include the following information, terms and conditions:                        
275 
(a) 
Cadet’s full name, date of birth, birthplace and age. 
276 
which should be at least sixteen (16) years old;                                     
277 
(b) 
Name and address of the maritime institution of school;                
278 
 
 
(c) 
Name and address of the shipowner, if applicable;                        
279 
(d) 
Place and date when the cadet’s agreement is entered 
280 
into;              
 
 
 
281 
(e) 
Capacity in which the cadet is to be trained;                                    
282 
 
 
(f) 
Amount of the cadet’s allowance or stipend;                                  
283 
(g) 
Required number of hours of training and rest, which 
284 
shall not be less than the prescribed hours of work and 
285 
rest in Section 21 of this Act;               
 
 
286 
(h) 
Duties and responsibilities of the sponsoring company, 
287 
Maritime Higher Education Institutions (MHEIs), and 
288 
cadets, as may be provided under the Standard Cadet 
289 
Training Agreement on Ships Engaged in International 
290 
Voyage of the Philippine Overseas Employment 
291 
Administration (POEA); and                                       
292 
(i) 
Other benefits in accordance with law, company policy 
293 
or agreements .                                                                                     
294 
The foregoing agreement shall be written in a working 
295 
language or in English, executed in three (3) original copies before 
296 
the commencement of the shipboard training. The shipowner, cadet 
297 
and the maritime institution/school shall each have a signed 
298 


 
original of the agreement and an electronic copy thereof shall be 
299 
submitted to the DOLE, through the Bureau of Working Conditions 
300 
(BWC). A signed original copy shall also be made available on board 
301 
the ship.                                   
302 
MHEIs shall demonstrate that over the last three (3) years, an 
303 
average of at least the minimum percentage of the target number of 
304 
cadets, as per updated relevant Commission on Higher Education 
305 
(CHED) Memorandum Order are able to secure berths in connection 
306 
with their studies, which minimum percentage, however, shall not 
307 
be lower than sixty percent (60%) of students enrolled in their 
308 
Bachelor of Science in Marine Transportation (BSMT) or Bachelor of 
309 
Science in Marine Engineering (BSMarE) programs. The CHED, in 
310 
coordination with the Maritime Industry Authority (MARINA), shall 
311 
ensure that only BSMT or BSMarE programs in MHEIs that meet 
312 
the above requirement are conferred approved or accredited.                               
313 
CHAPTER VI                                                            
314 
TERMS AND CONDITION OF EMPLOYMENT  
315 
SEC. 21. Standard Employment Agreement for Seafarers. – There 
316 
shall be an agreement in writing between the shipowner and the 
317 
seafarer, which shall include the following information and terms:                          
318 
(a) 
Seafarer’s full name, date of birth or age, and 
319 
birthplace;              
320 
 
 
(b) 
Shipowner’s name and address; 
321 
(c) 
lace where and date when the seafarer’s employment 
322 
agreement is entered into; 
323 
 
 
(d)  
Capacity in which the seafarer is to be employed; 
324 
(e)  
Amount of seafarers’ salary, and the formula used for 
325 
calculating the same; 
326 


 
 
 
(f)  
Hours of work and hours of rest; 
327 
(g)  
Wages and wage-related benefits, which include the 
328 
following: overtime pay, holiday pay, premium pay, paid 
329 
leaves, 13th month pay, if applicable; 
330 
 
 
(h)  
Social security and welfare benefits; 
331 
 
 
(i)  
Stipulation on repatriation or similar undertakings; 
332 
 
 
(j)  
Separation pay and retirement pay, if applicable; 
333 
(k)  
Reference to the collective bargaining agreement, if 
334 
applicable; and 
335 
(l)  
Other benefits in accordance with law, company policy 
336 
or agreements. 
337 
The foregoing employment agreement shall be in a working 
338 
language or in English, executed in three (3) original copies before 
339 
the commencement of the employment. The shipowner and the 
340 
seafarer shall each have a signed original of the agreement. A signed 
341 
original shall be made available on board the ship. 
342 
The 
Philippine 
Overseas 
Employment 
Administration-
343 
Standard Employment Contract (POEA-SEC) approved by the DOLE 
344 
shall be observed in the employment of Filipino seafarers on board 
345 
foreign registered ships. 
346 
SEC 22. Wages. – Upon effectivity of this Act, the Regional Tripartite 
347 
Wages and Productivity Boards shall set the minimum wage rates 
348 
of the seafarers on board ships engaged in domestic shipping, taking 
349 
into account the particularities of the employment arrangement of 
350 
seafarers and the criteria as determined pursuant to Republic Act 
351 
No. 6727, otherwise known as “Wage Rationalization Act”; Provided, 
352 
That wages for actual work hours and days shall not be lower than 
353 
the applicable minimum wage rates in the domicile or head office of 
354 


 
the employer. Wages shall be paid at least one every two (2) weeks 
355 
or twice a month, at intervals not exceeding sixteen (16) days. 
356 
Trainees, probationary crew members and other similarly 
357 
situated persons shall be paid full minimum wage in accordance 
358 
with the services rendered. 
359 
Cadets, on the job trainees, apprentices and other similarly 
360 
situated persons who are on board vessels as part of the completion 
361 
of their academic or training program, shall be provided with 
362 
stipends or allowances, which shall not be less than fifty percent 
363 
(50%) of the existing minimum wage of regular seafarers. 
364 
SEC. 23. Hours of Work and Hours of Rest. – The normal hours or 
365 
work of every seafarer shall not exceed beyond eight (8) hours a day. 
366 
If the seafarer is allowed to work eight (8) hours, the maximum 
367 
hours of work shall not exceed fourteen (14) hours in any twenty 
368 
four (24) hour period, and seventy-two (72) hours in any seven (7)-
369 
day period. 
370 
The minimum hours of rest for every seafarer shall not be less 
371 
than ten (10) hours. Hours of rest may be divided into not more than 
372 
two (2) periods, one of which shall be at least six (6) hours in length, 
373 
and the interval between consecutive periods of rest shall not exceed 
374 
fourteen (14) hours. 
375 
In exceptional cases, seafarers in watch keeping duties may 
376 
be required to work beyond fourteen (14) hours; Provided, That the 
377 
rest period is not less than seventy (70) hours in any seven (7)-day 
378 
period. This exception shall not be allowed for more than two (2) 
379 
consecutive weeks. The intervals between two (2) periods of 
380 
exception shall not be less than twice the duration of the exception. 
381 


 
SEC. 24. Paid Annual Leave. – Whenever applicable, the seafarers 
382 
shall be paid an annual leave to be calculated on the basis of a 
383 
minimum of 2.5 calendar days per month of employment. 
384 
For ships licensed to engage in domestic shipping, the 
385 
provisions on “Holidays, Service Incentive Leaves and Service 
386 
Charges” of Presidential Decree No. 442, or the Labor Code of the 
387 
Philippines, as amended, shall continue to apply unless higher 
388 
annual leave is already provided under the collective bargaining 
389 
agreement (CBA) or by the shipowner as company practice or policy. 
390 
CHAPTER VII 
391 
REPATRIATION 
392 
SEC. 25. Seafarers Shall Be Entitled To Repatriation. – All costs 
393 
related to the repatriation or transport of the personal effects of a 
394 
seafarer shall be done by or charged to the shipowner and the 
395 
manning agency concerned. The expenses of repatriation shall 
396 
include the transportation charges, pay and allowances from the 
397 
moment the seafarers leave the ship until they reach the 
398 
repatriation destination, the accommodation and the food of the 
399 
seafarer during the journey and transportation of thirty kilograms 
400 
(30 kgs.) of the seafarers’ personal luggage to the repatriation 
401 
destination. The primary responsibility to repatriate entails the 
402 
obligation on the part of the shipowner or agency to advance the 
403 
repatriation and other attendant costs, including plane fare, 
404 
deployment cost of the principal and immigration fines and 
405 
penalties, to immediately repatriate the seafarer should the need for 
406 
it arise, without a prior determination of the cause of the 
407 
termination of the seafarer’s employment. However, after the worker 
408 
has returned to the country, the shipowner or agency may recover 
409 
the cost of repatriation from the seafarer if the termination of the 
410 
employment was solely to the seafarer’s fault. 
411 


 
SEC. 26. Emergency Repatriation for Seafarers on Board Foreign 
412 
Registered Ships. – In cases of war, epidemics, abandonment of ship 
413 
by shipowners, disasters, calamities, natural or man-made, and 
414 
other similar events, the Department of Foreign Affairs (DFA) in 
415 
coordination with the POEA and the Overseas Workers Welfare 
416 
Administration (OWWA), shall undertake the repatriation of 
417 
seafarers. The DFA shall draw from the Emergency Repatriation 
418 
Fund (ERF) provided under the General Appropriations Act (GAA) to 
419 
defray the expenses involved in the repatriation of undocumented 
420 
seafarers, while the POEA shall require manning agencies to effect 
421 
the repatriation of seafarers within forty-eight (48) hours or suffer 
422 
the penalty of suspension. In case of failure of the manning agency 
423 
to provide for the repatriation within the prescribed time, the POEA 
424 
shall coordinate with the OWWA to advance the cost of the 
425 
repatriation of the seafarer without prejudice to reimbursement 
426 
from the concerned manning agency. 
427 
The DFA shall take the lead in repatriation of the affected 
428 
seafarers in areas where there is no Philippine Overseas Labor Office 
429 
(POLO). 
430 
SEC. 27. Repatriation for Seafarers On Board Domestic Ships. -  The 
431 
provisions on repatriation shall also apply to seafarers working on 
432 
domestic ships. Seafarers on board domestic ships shall be entitled 
433 
to emergency repatriation in cases of war, epidemics, abandonment 
434 
of ship by shipowners, disasters or calamities, whether natural or 
435 
man-made, and other similar events. 
436 
CHAPTER VIII 
437 
MANNING REQUIREMENT 
438 
SEC. 28. Manning Levels. – All ships of Philippine registry shall 
439 
observe the required minimum manning levels in accordance with 
440 
the requirements prescribed by the MARINA. 
441 


 
Every ship shall be manned by a crew that is adequate in 
442 
terms of size and qualifications taking into the account the need to 
443 
operate the vessel safely and efficiently. 
444 
SEC. 29. Crew Competence. – The crew members of a ship of 
445 
Philippine registry shall posses the appropriate certificate of 
446 
competency, which sets forth their competence to serve and perform 
447 
the functions involved at the level of responsibility, for the position 
448 
held, for the type, tonnage, power, means of propulsion, and trading 
449 
patterns of the ships concerned. 
450 
The certificate or competency shall attest to the fact that the 
451 
seafarer to whom it is issued meets requirements for service, age, 
452 
qualification, and has successfully passed the examinations 
453 
conducted to determine the seafarers’ proficiency and level of 
454 
expertise for the position. 
455 
SEC. 30. Registry of Seafarers. – To better respond to the manning 
456 
requirements of oceangoing ships of foreign registry, and domestic 
457 
and oceangoing ships of Philippine registry, the POEA and the 
458 
MARINA, respectively, shall maintain a registry of all seafarers in 
459 
the Philippines. The registry shall contain the relevant information 
460 
or data to promote employment opportunities for seafarers whether 
461 
on board or ashore, and allow for the appropriate learning for and 
462 
implementation of additional training, skills and competency 
463 
development programs for seafarers. 
464 
CHAPTER IX 
465 
ACCOMODATION, RECREATIONAL FACILITIES, FOOD AND 
466 
CATERING 
467 
SEC. 31. Accommodation Facilities. – Unless otherwise exempted 
468 
herein or by appropriate regulations, all ships of Philippine registry 
469 
shall have safe, decent and adequate accommodations for seafarers 
470 


 
taking into account the need to protect the health and safety of 
471 
seafarers working or living on board. 
472 
SEC. 32. Requirements for Sanitation.– All ships of Philippine 
473 
registry shall have sanitation facilities that meet the minimum 
474 
standards for health and hygiene and are accessible to seafarers on 
475 
board. The sanitation facilities shall be located at convenient places, 
476 
allowing for easy access to work stations. Separate facilities shall be 
477 
provided for male and female crew. 
478 
SEC. 33. Recreational Facilities. – Unless otherwise exempted herein 
479 
or by appropriate regulations, all ships of Philippine registry shall 
480 
have recreational facilities, amenities, and services that are 
481 
appropriate and accessible to seafarers. 
482 
Domestic ships shall be exempted from this requirement 
483 
considering that their trading patterns and length of voyages allow 
484 
their crew to go home or to make use of comparable facilities on 
485 
land. 
486 
SEC. 34. Food and Catering. – The shipowner shall ensure the 
487 
protection and promotion of health of seafarers. Whenever 
488 
applicable, a shipowner shall ensure that a ship serves food and 
489 
drinking water of appropriate quality, quantity and nutritional value 
490 
that adequately cover the requirements of the ship and take into 
491 
consideration the differing cultural and religious backgrounds of 
492 
seafarers. All foods and drinks and the preparation thereof shall be 
493 
in accordance with the standards of the Sanitation Code of the 
494 
Philippines and pertinent laws, rules and regulations. 
495 
SEC. 35. Application. – The requirements of this chapter for crew 
496 
accommodation and recreational facilities covering ships of 
497 
Philippine registry shall be applicable to the following: 
498 


 
(a) All oceangoing ships and domestic ships constructed on or 
499 
after the date when the MLC, 2006 comes into force; 
500 
(b) All second-hand ships, whether oceangoing or domestic, 
501 
acquired or leased, and entered in the Philippine registry 
502 
after the entry date into force of the said Convention unless 
503 
provided exemption by the relevant Philippine government 
504 
agency; and  
505 
(c) All ships constructed prior to the entry into force of the 
506 
MLC, 2006 which have undergone major or substantial 
507 
structural alterations after the entry into force of the 
508 
Convention, unless provided exemption by the relevant 
509 
Philippine government agency. 
510 
 
511 
CHAPTER X 
512 
HEALTH PROTECTION AND MEDICAL CARE 
513 
SEC. 36. Medical Care on Board Ships and Ashore. – The shipowner 
514 
shall provide adequate equipment, paraphernalia and medical 
515 
supplies,including medicines on board, and shall ensure access to 
516 
shore facilities for the health of seafarers, as well as the 
517 
corresponding medical or trained personnel who shall provide first 
518 
aid and medical care pursuant to the Maritime Occupational Safety 
519 
and Health Standards and other pertinent laws, rules and 
520 
regulations. 
521 
The ship-owner shall ensure that seafarers have access to 
522 
medical treatment for any illness or injury, hospitalization and 
523 
dental treatment. 
524 
A seafarer shall have the right to consult a qualified physician 
525 
or dentist without delay in ports of call, where practicable. 
526 


 
A seafarer shall have the right to material assistance and 
527 
financial support from the shipowner with respect to the expenses 
528 
incurred during and as a result of medical treatment for sickness, 
529 
injury or death occurring while they are serving under a valid 
530 
employment contract or those which arise from their employment, 
531 
without prejudice to any other legal remedies that a seafarer may 
532 
seek. 
533 
CHAPTER XI 
534 
WELFARE AND SOCIAL SECURITY PROTECTION 
535 
SEC. Social Welfare Benefits. – Without prejudice to established 
536 
policy, CBA or other applicable social agreement, all seafarers shall 
537 
become members of the Social Security System (SSS), Employees’ 
538 
Compensation and State Insurance Fund, PhilHealth, Home 
539 
Development Mutual Fund (or Pag-IBIG Fund) and shall enjoy the 
540 
benefits afforded pursuant to membership thereof. 
541 
CHAPTER XII 
542 
COMPLIANCE AND ENFORCEMENT 
543 
SEC. 38. Compliance and Certification. – All ships of Philippine 
544 
registry shall comply with the provisions of this Act. The shipowner 
545 
or master shall ensure the compliance of the ship with the 
546 
provisions of this Act and its implementing rules and regulations.  
547 
The 
shipowner 
and 
master, 
as 
acting 
shipowner’s 
548 
representative, shall be made principally liable for any violation of 
549 
the provisions of this Act and its implementing rules and 
550 
regulations. 
551 
For this purpose, a maritime labour certificate or a certificate 
552 
of compliance, as applicable, shall be issued in accordance with the 
553 
implementing rules and regulations. The DOLE, the DFA and the 
554 
MARINA, 
in 
consultation 
with 
shipowners 
and 
seafarers’ 
555 


 
organizations, shall formulate the said implementing rules and 
556 
regulations. 
557 
SEC. 39. Inspection and Enforcement. – The Secretary of Labor and 
558 
Employment or the duly authorized representative shall have the 
559 
sole and exclusive authority to inspect all Philippine ships, domestic 
560 
or oceangoing, to ensure compliance with the provisions of this Act. 
561 
The duly authorized representative shall have the power to board 
562 
ships and carry out any examination, test or inquiry in order to 
563 
ensure that the standards established under this Act and its 
564 
implementing rules and regulations are strictly observed. 
565 
The Secretary of Labor and Employment may authorize other 
566 
government agencies or duly recognized organizations to conduct 
567 
inspection and issue certification in accordance with the provisions 
568 
of this Act and its implementing rules and regulations. 
569 
The Secretary of Labor and Employment or the duly 
570 
authorized representative shall have the power to order immediate 
571 
restitution of differences, and impose fines for violations of this Act. 
572 
If the violation or deficiency constitutes serious breach of the 
573 
requirement of this Act and its implementing rules and regulations, 
574 
or poses imminent danger to the ships or to the life or limb of the 
575 
seafarer, the Secretary of Labor and Employment or the duly 
576 
authorized representative may immediately order the detention of 
577 
the ship until the violation or deficiency is corrected. 
578 
SEC. 40. Recognized Organization. – Recognized organizations may 
579 
be authorized by the Secretary of Labor and Employment to conduct 
580 
the inspection of ship’s premises and issue the maritime labour 
581 
certificate or the certificate of compliance with, as appropriate, in 
582 
accordance with the provisions of this Act and its implementing 
583 
rules and regulations. 
584 


 
A recognized organization must have the necessary knowledge 
585 
of the requirements of this Act and its implementing rules and 
586 
regulations, the MLC, 2006 and other relevant international treaty 
587 
or convention. 
588 
Likewise, to be recognized and authorized to inspect a ship, it 
589 
must also have the necessary and qualified professional and 
590 
technical expertise to conduct the inspection and certify to the 
591 
ship’s compliance with established standards. 
592 
 
593 
CHAPTER XIII  
594 
TERMINATION OF EMPLOYMENT 
595 
 
SEC. 41. Termination of Employment. – 
596 
(a)  
The employment of Filipino seafarers on board 
597 
Philippine-registered ships operating internationally, as 
598 
well as those on board foreign-registered ships shall 
599 
cease when the seafarers complete their period of 
600 
contractual service aboard the ship, sign off from the 
601 
ship, and arrive at the point of hire. 
602 
The employment is also terminated effective upon 
603 
arrival at the point of hire for any of the following 
604 
reasons: 
605 
(1)  
When the seafarer signs off and is disembarked 
606 
for medical reasons in the event the seafarer is 
607 
declared: (i) fit for repatriation; or (ii) when after 
608 
an illness the seafarer is declared fit to work, but 
609 
the employer is unable to find employment for the 
610 
seafarer on board the ship originally boarded or 
611 
on another ship of the employer; 
612 


 
(2) 
When the seafarer signs off due to the sale of the 
613 
ship, lay-up of ship, discontinuance of voyage or 
614 
change of ship principal; 
615 
(3)  
When the seafarer voluntarily resigns in writing 
616 
and signs off prior to the expiration of contact 
617 
within a reasonable period as may be prescribed 
618 
in the implementing rules and regulations of this 
619 
Act; or 
620 
(4)  
When the seafarer is discharged for just causes 
621 
in accordance with the provision of the POEA-
622 
SEC. 
623 
(b)  
The termination of employment of a seafarer on board 
624 
domestic ships shall be governed by the provisions of 
625 
the Labor Code of the Philippines, as amended, on 
626 
domestic shipping. 
627 
(c)  
The termination of employment of a seafarer on board 
628 
a foreign vessel or foreign-registered ships shall be 
629 
governed by the POEA-SEC or applicable CBA. 
630 
CHAPTER XIV 
631 
SETTLEMENT OF DISPUTIES 
632 
SEC. 42. On Board and Onshore Grievance Machinery. – All ships of 
633 
Philippine registry shall prescribe and observe fair, effective and 
634 
expeditious on board and onshore methods and procedures to 
635 
handle grievance at no cost to the seafarer, in accordance with the 
636 
implementing rules and regulations of this Act. 
637 
In case where a seafarer is a member of a legitimate trade 
638 
union organization, any grievance shall, as a condition precedent to 
639 
conciliation-mediation, undergo the grievance machinery with the 
640 
involvement of the union as established in its CBA. Without 
641 


 
prejudice to any existing law, any agreement reached by the parties 
642 
during the grievance negotiation shall be final and binding. 
643 
SEC. 43. Mandatory Conciliation-Mediation and Arbitration. – 
644 
Seafarer, whether engaged, employed or working on board ships of 
645 
Philippine registry or other registries, shall avail of the conciliation-
646 
mediation services of the DOLE pursuant to Republic Act No. 10396 
647 
and its implementing rules and regulations, by filing a request for 
648 
assistance 
before 
the 
conciliation-mediation 
desks 
at 
the 
649 
Regional/Field/Provincial Offices of the DOLE or its attached 
650 
agencies. 
651 
In case of failure of conciliation-mediation in cases where 
652 
seafarers are covered by the CBA, the case shall be submitted for 
653 
Voluntary Arbitration in accordance with Articles 261 and 262 of 
654 
the Labor Code, as amended. In cases where seafarers are not 
655 
covered by the CBA, the seafarer shall have the option to submit the 
656 
case to Compulsory Arbitration or Voluntary Arbitration. 
657 
CHAPTER XV 
658 
REINTEGRATION FOR OVERSEAS FILIPINO SEAFARERS 
659 
SEC. 44. Reintegration. – Returning or unemployed overseas Filipino 
660 
seafarers may avail of the livelihood development and training 
661 
programs, placements and other services offered by concerned 
662 
government agencies, including the OWWA, the Technical 
663 
Education and Skills Development Authority (TESDA), the 
664 
Technology and Livelihood Resource Center (TLRC), the Cooperative 
665 
Development Authority (CDA), the National Maritime Polytechnic 
666 
(NMP) and the CHED. 
667 
These agencies shall formulate skills upgrading or retraining 
668 
curricula to meet the needs of returning or unemployed seafarers. 
669 
The participation of the maritime sector, in particular, port and 
670 


 
shipping industry, and maritime educational institutions shall be 
671 
likewise solicited by the DOLE in devising the appropriate retraining 
672 
and local job placement programs for unemployed seafarers. 
673 
The National Reintegration Center for OFWs (NRCO) shall 
674 
attend to the needs of returning seafarers. The Center shall provide 
675 
mechanisms for their reintegration into the Philippine society, serve 
676 
as a promotion house for their local employment, and tap their skills 
677 
and potential for national development. 
678 
CHAPTER XVI 
679 
INCENTIVES AND AWARDS GRANTED TO THE MARITIME 
680 
INDUSTRY 
681 
 
SEC. 45 Incentives and Awards. – There shall be established an 
682 
incentives and awards system for 
the maritime 
industry 
683 
stakeholders which shall be developed and administered by the 
684 
concerned government agency in consultation with the Maritime 
685 
Industry Tripartite Council (MITC). 
686 
Under such rules and regulations that may promulgated, 
687 
deserving shipowners, seafarers, manning and other organizations 
688 
or entities, shall be commended or awarded for their outstanding 
689 
performance in upholding the rights of seafarers and complying with 
690 
this Act. 
691 
CHAPTER XVII 
692 
GOVERNMENT AGENCIES 
693 
SEC. 46. Role of Government Agencies. – The following government 
694 
agencies shall perform the following functions to promote the 
695 
welfare and protect the rights of Filipino seafarers: 
696 
(a)  
Department of Labor and Employment (DOLE). – The 
697 
DOLE shall exercise sole and exclusive jurisdiction in 
698 


 
implementing the provisions of this Act and ensure that 
699 
the standards set forth herein, under Presidential 
700 
Decree No. 442, as amended, and other laws, the MLC, 
701 
2006 and other international treaties and conventions 
702 
to which the Philippines is a signatory are faithfully 
703 
complied with and fairly applied to Filipino seafarers. 
704 
The DOLE shall likewise determine and set 
705 
appropriate benchmarks consistent with the MLC, 
706 
2006, this Act and other applicable laws employment 
707 
conditions and other labor standards and regulations. 
708 
(b) 
 Department of Foreign Affairs (DFA). – the DFA, 
709 
through its home offices or foreign posts, shall give 
710 
paramount importance to the safety and well-being of 
711 
Filipino seafarers, by providing adequate and timely 
712 
intervention and assistance, such as representing their 
713 
interests with foreign authorities concerned and 
714 
facilitating their repatriation when they are distressed 
715 
or beleaguered.  
716 
(c) 
Department of Health (DOH) -. The DOH shall regulate 
717 
the activities and operations of all clinics which conduct 
718 
physical, optical, dental, psychological and other 
719 
similar examinations, hereinafter referred to as health 
720 
examinations, on Filipino seafarers. 
721 
The DOH shall determine and prescribed the 
722 
nature of the health examination that shall be required 
723 
of a seafarer, ensuring that such examination will 
724 
genuinely determine the seafarer’s state of health, 
725 
considering the duties that the seafarer shall be 
726 
required to perform on board. The DOH shall likewise 
727 
prescribe the contents of the medical certificate to 
728 


 
ensure that such certification will genuinely reflect the 
729 
seafarer’s state of health. 
730 
(d) 
 Philippine 
Overseas 
Employment 
Administration 
731 
(POEA). – The POEA shall look into the contracts of 
732 
employment and the working conditions of the officers 
733 
and crew of vessels of Philippine registry operating 
734 
internationally, and of such officers and crew members 
735 
who are Filipino citizens and employed by foreign 
736 
vessels to ensure that these comply with the prescribed 
737 
standards. 
738 
(e)  
Overseas Workers Welfare Administration (OWWA). – 
739 
The OWWA, through its welfare officers or coordinating 
740 
officers, shall provide the Filipino seafarers and their 
741 
families all the assistance they may need in the 
742 
enforcement of contractual obligations by agencies and 
743 
their principals. 
744 
The 
OWWA 
shall 
likewise 
formulate 
and 
745 
implement welfare programs for overseas Filipino 
746 
seafarers and their families while they are abroad and 
747 
upon their return. It shall ensure the awareness by the 
748 
overseas Filipino seafarers and their families of these 
749 
programs and other related governmental programs. 
750 
(f) 
 Maritime Industry Authority (MARINA). – The MARINA 
751 
shall ensure that all maritime education including the 
752 
curricula and training programs are structured and 
753 
delivered in accordance with written programs, 
754 
methods and media of delivery, procedures and course 
755 
materials, international standards as prescribed under 
756 
the STCW Convention and other applicable laws. 
757 


 
(g)  
Philippine Coast Guard (PCG). – The PCG, in line with 
758 
its function to assist in the enforcement of applicable 
759 
laws within the maritime jurisdiction of the Philippines, 
760 
shall assist the DOLE in the enforcement of Department 
761 
Orders and other issuances implementing the MLC, 
762 
2006, including orders to detain vessels found in gross 
763 
violation of pertinent laws, rules and regulations. 
764 
Unless otherwise provided in this Act, the 
765 
mandate, 
power 
and 
function 
of 
all 
existing 
766 
departments, agencies or instrumentalities of the 
767 
government, 
including 
government-owned 
and 
768 
controlled corporations, shall remain and continue to 
769 
be recognized in accordance with the law or order 
770 
creating them. 
771 
SEC. 47. Philippine Seafarer’s One Stop Processing Center (PSOC). – 
772 
The PSOC shall operationalize and make available to the public an 
773 
integrated document processing center for the seafarers and the 
774 
general public to conduct official  transactions. The agencies that 
775 
are mandated to provide services in the PSOC are as follows: 
776 
 
 
(a)  
Department of Labor and Employment; 
777 
 
 
b) 
 Department of Foreign Affairs; 
778 
 
 
(c) 
 Commission on Higher Education; 
779 
 
 
(d) 
 Professional Regulation Commission; 
780 
 
 
(e) 
 National Telecommunications Commissions; 
781 
 
 
(f)  
Philippine Overseas Employment Administration; 
782 
 
 
(g)  
Overseas Workers Welfare Administration; 
783 
(h) 
Technical Education and Skills Development Authority; 
784 


 
 
 
(i) 
 Maritime Industry Authority; 
785 
 
 
(j)  
National Bureau of Investigation; 
786 
 
 
(k) 
 Social Security System; 
787 
 
 
(l)  
Philippine Health Insurance Corporation; 
788 
 
 
(m)  
Philippine Statistics Authority; 
789 
 
 
(n)  
Home Development Mutual fund; and 
790 
(o)  
Such other government agencies that the Secretary of 
791 
Labor and Employment may deem appropriate to be 
792 
included in the PSOC. 
793 
CHAPTER XVIII 
794 
FINAL PROVISIONS 
795 
SC. 48. Administrative Fines and Penalties. – Any shipowner, 
796 
master, their representative or other person who fails or refuses to 
797 
present employment records, such as payrolls, daily time records, 
798 
payslip or other documents, when required by the Secretary of Labor 
799 
and Employment, or the duly authorized representative of the 
800 
Secretary of Labor and Employment, or the duly authorized 
801 
representative of a recognized organization, shall be imposed 
802 
administrative fines and penalties in accordance with the 
803 
implementing rules and regulations promulgated to implement this 
804 
Act. 
805 
SEC. 49. – Penalties for Violations of Sections 38 and 39. – Any 
806 
person who, without proper authorization, exercises the authority 
807 
granted to the Secretary of Labor and Employment under Section 
808 
38 and 39 of this Act, shall be punished with a fine of not less than 
809 
one hundred thousand pesos (P100,000.00) nor more than four 
810 
hundred thousand pesos (P400,000.00), or imprisonment of not less 
811 
than one (1) year nor more than four (4) years, or both at the 
812 


 
discretion of the court. The foregoing offense shall prescribe after 
813 
five (5) years from its commission, or upon discovery of the violation 
814 
by competent authorities. 
815 
SEC. 50. Transitory Provision. – All rights, privileges and benefits 
816 
previously enjoyed by Filipino seafarers before the effectivity of this 
817 
Act, including those set forth in Presidential Decree No. 442, 
818 
otherwise known as the Labor Code of the Philippines, as amended, 
819 
and Republic Act No. 8042, otherwise known as the ”Migrant 
820 
Workers and Overseas Filipinos Act of 1995”, as amended, shall 
821 
continue to be recognized and shall not be diminished. 
822 
SEC. 51. Implementing Rules and Regulations. – The DOLE, in 
823 
coordination with the DFA, the MARINA and other concerned 
824 
agencies, shall formulate the rules and regulations to implement 
825 
this Act within ninety (90) days after its effectivity. 
826 
SEC. 52. Separability Clause. – If for any reason, any section, clause 
827 
or term of this Act is held to be illegal, invalid, or unconstitutional, 
828 
such parts not affected by such declaration shall remain in full force 
829 
and effect. 
830 
SEC. 53. Repealing Clause. – All laws, presidential decrees, 
831 
issuances, executive orders, letters of instruction, rules and 
832 
regulations inconsistent with the provisions of this Act are hereby 
833 
repealed of modified accordingly.          
834 
SEC. 54. Effectivity. – This Act shall take effect fifteen (15) days after 
835 
its publication in the Official Gazette or in a newspaper of general 
836 
circulation.  
837 
Approved,   
838