FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
S EN A TE 
S.B. No. 1351 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to recognize and protect the rights of the Filipino seafarers, 
integrate programs and policies that concern them, and assist in their development 
to continuously ensure their niche in the global arena through the establishment of 
the Magna Carta of Filipino Seafarers. 
Filipino seafarers have been plying the world's seas for over five centuries. In 
the 1~th century, FjJipino seafarers manned the ships sailing the Mexico-Manila route 
of the Galleon Trade. The Netherlands employed Filipino seafarers to operate their 
shipping vessels in the 1900s. 
The advent of globalization led to the steady increase in the number of 
registered seafarers. The Philippines is considered the world's ship manning capital 
because it provides 28.1 percent of the world's seafarers. According to the Bureau of 
Employment Services, only 36,035 seafarers were deployed in ·1975. Thirty years 
later, the Philippine Overseas Employment Agency logged 247,983 seafarers. 
Filipino sea-based workers have contributed a large amount to our country's coffers. 
In 1997, the Bangko Central ng Pilipinas reported US$ 257,612,000 in remittances. 
The amount increased by the first three months of 2010 at US$ 4,339,407,000. 
Despite the rich history and significant role of the Filipino seafarers in our 
society, they have been given inadequate attention. Recent incidents of abduction, 
unjust compensation and on-board accidents have been reported yet no legislation 
has been passed to protect and uphold the rights of the s'eafarers and address their 
specific needs. 
This measure seeks to deal with the shortcoming by creating a set of laws that 
focuses on the conditions and needs of the Filipino seafarer. The Magna Carta of 
Filipino Seafarer guarantees their right to human working conditions and just 
compensation through ensuring that manning and crewing agencies provide 
adequate information about the on-board conditions as well as local and 
international laws that apply to the Filipino seafarer. Seafarers should be given 
ample time by the agency to examine his/her contract of employment and articles of 
agreement before he/she signs it. To make certain of the security and safety of the 
overseas Filipino seafarers, they shall only be deployed in countries where their 
rights as Filipino sea-based migrant workers are observed and protected. 
To ensure they comply with the international requirements and maintain 
their edge over their foreign counterparts, the Filipino seafarers will be given access 
to affordable and quality educational advancements and training courses. 
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With the passage of this bill, more Filipinos will be given the knowledge and 
understanding of the transnational and globalized conditions the Filipino seafarers 
are experiencing through the establishment of the Filipino Seafarers' Research and 
Resource Center by the Commission on Higher Education, in coordination with the 
University of the Philippines School of Labor and Industrial relations (UP SOLAIR). 
The Center shall conduct studies and researches that will enhance the well being 
and interests of the Filipino seafarers. 
The Magna Carta provides retraining or reintegration for the Filipino seafarer 
after his sea-service. A Reintegration Center within the Overseas Workers Welfare 
Administration (OWW A) shall be established which will also serve as a promotion 
house for the local employment of the Filipino seafarer. 
The Filipino seafarers are one of our country's important human resources. 
They should be given equal attention and protection for their continued growth and 
development which will translate to the improvement of our country's socio 
economic conditions. 
In view of the foregoing, the urgent passage of this bill is sought. 
-----==-~:;::> 
-e-= 
-~EN1iGARDA 
Senator 
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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 1.351 
Introduced by Senator Loren Legarda 
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: 
CHAPTER I 
GENERAL PROVISIONS 
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SECTION 1. Title. - This Act shall be known as the "Magna Carta of Filipino 
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Seafarers." 
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SECTION. 2. Declaration of Policies. - It is hereby declared the policy of the 
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State: 
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a) To recognize the rights, contributions and unique role of Filipino seafarers, as 
lOwell as their vulnerabilities, and afford them full protection before, during 
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and after their employment; 
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b) To maintain and progressively develop a pool of competent and world class 
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domestic and international seafarers of all grades and ratings through a 
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system of education and training and of accreditation and licensing; and 
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c) To establish mechanism for the enhancement of administrative, adjudicative, 
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social as well as welfare services for them and their families. 
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Toward these ends, the State shall endeavor to improve the Filipino seafarers' 
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working conditions, terms of employment, career prospects and provide them 
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opportunities to harness their potentials to the fullest. The State shall further work to 
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uplift the socio-economic wellbeing of their respective families. 
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SECTION 3. Applicability. - All right and benefits granted under this Act 
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shall, except as may otherwise be provided herein apply to the Filipino seafarers as 
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defined herein 
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SECTION 4. Definitions. - For purposes of this Act, the following terms shall 
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mean as follows: 
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1)" Authority" refers to the document issued by the DOLE authorizing any 
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person or entity to engage in the recruitment and placement of seafarers or 
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OFWs; 
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2) 
"Departure" refers to actual departure from the point of hire of a Filipino a 
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seafarer through air, sea or land travel transport to join his vessel in a 
Philippine or foreign port; 
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3) 
"Domestic Seafarers" refers to seafarers on board ship or vessel plying inter-
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island water or waters within Philippine territory; 
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4) 
"Filipino Seafarers" refers to any person who fulfills the conditions to be 
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employed or engaged as part of the crew or complement of the ship 
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navigating the foreign seas other than a government ship used for military or 
non-commercial purposes. This term includes seafarers serving on foreign 
maritime mobile offshore units who perform functions similar to those 
constituting a crew, fisherman and cruise ship personnel; 
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5) 
"Informal Blacklisting" refers to the unlawful practice of recruitment and 
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placement services agencies, or companies to directly or indirectly prevent or 
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deter seafarers, without valid cause from gaining productive employment 
whether the job applicant is for employment or reemployment; 
, 
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6) 
"License" refers to the document issued by the DOLE authorizing any person 
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'or entity to operate a manning agency; 
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7) 
"Manning or Crewing Agencies" shall refer to any person, company, 
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institution, agency or other organization in the public 0 private sector, which 
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is engaged in recruiting seafarers in behalf of the employers or placing 
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seafarers with employers; 
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8) 
"Maritime Industry" refers to all enterprises engaged in the business of 
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managing and / 
or operating shipping lines, management of ports, 
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stevedoring arrastre, customs brokerage and cargo surveys; of ship brokering 
/ chartering, designing, constructing, manufacturing vessels, or component 
parts thereof, of shipyards and maintaining acquiring, operating, supplying, 
repairing and/ or dry-docks; of providing maritime services such as ship 
supplies, ship manning and training, maritime consultancy, ship repairs, 
machine shops, shipping agencies, freight forwarding and similar enterprises; 
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9) 
"Master" refers to a seafarer who ha the command and is in charge of the 
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vessel being the representative the vessel's owner. 
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10) "Officer" refers to seafarers other than the Master who is designated by 
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national law or regulations as an officer or is serving in that capacity such as 
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the 3rd mate, 2nd mate, chief mate, master mariner in the ship's deck, the 
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marine engineer officers in the engine, and other special officers needed in the 
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vessel. 
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11) 
"P~ilippine Port" refers to any Philippine airport or seaport; 
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12) "Philippine Shipping Companies" refers to entities registered and licensed 
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under the laws of the Philippine to engage in the business of overseas and/ of 
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domestic water transportation; 
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13) "Point of Hire" refers to the place indicated in the contact of employment 
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which shall be the basis for determining commencement and termination of 
contact; 
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14) "Principal" or "employer" refers to any person, partnership or corporation 
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registered and duly authorized to engage in overseas shipping activities 
15 
engaging Filipino seafarers; 
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15) "Rating" refers to any member of the crew other than the Master or the 
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Officer, who is considered as ordinary seaman, boatswain or bosun un the 
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deck; the wiper, motorman, fitters and such other special rating needed on 
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board the vessel. 
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16) "Recruitment and Placement" refers to any act of canvassing, enlisting, 
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contracting, transporting, utilizing, hiring or procuring workers, and include 
referrals, contract services, promising or advertising employment, locally or 
abroad whether for profit or not: provided, that any person or entity, which is 
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any manner, offers or promise employment for a fee to two (2) or more 
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person's shall be deemed engaged in recruitment and placement. 
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17) "Recruitment and Placement" refers to any act of canvassing enlisting, 
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contracting, transporting, utilizing, hiring or procuring workers, and include 
referrals, contract services, promising or advertising employment, locally or 
abroad, whether for profit or not: provided, that any person or entity which, 
is any manner, offers or promises employment for a fee to two (2) or more 
persons shall be deemed engaged in recruitment and placement. 
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18) "Seafarers" refers to any person who fulfills the conditions to be employed or 
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engaged as part of the crew or complement of the ship navigating the 
domestic and international water than a government ship used for military or 
commercial purposes. 
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19) "Ship owner" refers to the owner of the ship or any other organization or 
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person, such as the manager agent or bareboat charterer, who has assumed 
the responsibility for operation and management of the ship from the ship 
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owner, and who, on assuming such responsibilities, has agreed to take over 
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all the attendant duties and responsibilities of a ship owner. 
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20) "Vessel" Includes any ship or boat of any nature whatsoever, ordinarily 
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engaged in maritime navigation. 
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21) 
"Commission on Higher Education (CHED)" refers to the government 
9 
agency created pursuant to Republic Act No. 7722; 
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22) "Department of Education (DepEd)" refers to the government agency 
11 
created pursuant to executive order No. 117 (30 January 1987), as amended by 
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Republic Acts. 7722, 7796 and 9155 (11 August 2001) 
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23) "Department of Foreign Affairs (DFA)" refers to the government agency 
14 
pursuant to Republic Act No. 7157; 
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24) "Department of Labor and Employment" refers to the government agency 
16 
created pursuant to executive Order No. 292; 
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25) "ItO" refers to the International Labor Organization; 
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26) :'IMO" refers to the International Maritime Organization; 
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27) "Maritime Industry Authority (MARINA)" refers to the government agency 
20 
created pursuant to Presidential Decree 474; 
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28) "Maritime Training Council" refers to the government agency created 
22 
pursuant to letter of Instruction 1404; 
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29) "NSO" refers to the National Statistics Office; 
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30) "Philippine Overseas Workers Welfare Administration (OWWA)" refers to 
25 
the government agency created pursuant to Executive Order No. 797, as 
26 
amended by Executive Order No. 56; 
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31) "Philippine Coast Guard(PCG)" it refers to the government agency crated 
28 
pursuant to Republic Act No.517 
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32) "Philippine Overseas Employment Agency (POEA)" refers to the 
30 
government agency created pursuant to executive Order No. 797, as amended 
31 
by Executive Order No. 56 
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33) "Philippine Seafarer One Stop Processing Center (PSOC)" refers to the 
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facility center which house all relevant offices / agencies involved in 
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providing services to seafarers in one roof, created under Administrative 
35 
Order No.56 
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34) "PRC" refers to the International Convention on Standards of Training, 
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Certification and Watch-keeping for Seafarers of 1978, as amended; 
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35) "STCW '78" refers to the International Convention on Standards of Training, 
4 
C~rtification and Watch-keeping for Seafarers of 1978, as amended; 
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36) "Technical Education and Skills Development Authority" refers to the 
6 
government agency created pursuant to Republic Act No. 7796; 
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37) "TLC" refers to the Technical and Livelihood Center; and 
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38) "CDA" refers to the Cooperative Development Authority 
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CHAPTER II 
FILIPINO SEAFARER'S RIGHTS 
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SECTION 5. Access to Educational Advancement and Training. - The State 
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shall ensure Filipino Seafarers, whether plying the domestic or international waters, 
15 
access to educational advancement and training at reasonable and affordable costs. 
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Toward this end, the State shall: 
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1) Regulate the operation of all educational and review institutions offering 
20 
courses related to seafaring; 
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2) Pursue grant programs such as scholarships, subsidies, load assistance and 
22 
other measures that will harness the skills of Filipino seafarers toward greater 
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comprehensive to new demands in the industry; and 
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3) Ensure that requirements on training and upgrading as mandated by 
25 
manning and crewing agencies for employment, reemployment or promotion 
26 
purposes shall take into account the seafarer right to spend quality time with 
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his family. 
, 
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"SECTION 6. Access to Relevant Information. - The State shall ensure that 
30 
manning or crewing agencies shall provide Filipino seafare~s with adequate and 
31 
relevant information to make them understand their rights, benefits obligations, 
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conditions and realities attending to their profession, and laws and regulations of 
33 
countries covered by their sojourn. 
34 
Toward this end manning or crewing agencies, and other organizations 
35 
responsible for the recruitment and employment of Filipino seafarers, whether 
36 
plying domestic or international waters, shall be mandated to make contract of 
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employment, the computation and manner by which salaries are remitted to their 
2 
allottees, and the specific privileges and benefits available in the contract of 
3 
employment accessible to their recruits or clientele. 
4 
5 
SECTION 7. Right to Humane Conditions of Work and Right to Just 
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Compensation. - The State shall guarantee Filipino Seafarers the right to humane 
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conditions of work and the right to standard salary compensatory to their rank, 
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hours of work and other relevant basis for wage computation, minimum number of 
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working hour, rest day. vacation pay, and "end-of-contract" pay in accordance with 
I 0 
the agreement of the parties concerned and with existing domestic and international 
11 
law. 
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SECTION. 8. Right to Self-organization to engage in Collective Bargaining 
, 
14 
and to p,articipate n democratic exercises. - The State shall ensure Filipino seafarers 
15 
of their right to self-organization, to collective bargaining and to participate in the 
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deliberation of issues and in the formulation of policies that affect them,including 
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the guarantee of representation in governing boards or appointment in government 
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instrumentalities, to include but not limited to the CHED, TESDA, PRe. POEA. 
19 
OWWA, MARINA 
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21 
SECTION 9. Right to Legal Representation. - Filipino Seafarers who are 
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victims of illegal recruitment, illegal dismissal or suspension and other forms of 
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violation of contract shall have the right to free legal assistance and protection at 
24 
government expense. Courts administrative agencies and other tribunals should 
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ensure a speedy and impartial disposition of their cases. 
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Every seafarer accused of committing any offense in violating of any 
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provision of his or her contract has the right to due process, an impartial tribunal 
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and administrative body, and an expeditious payment of damages and liability in 
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cases where the judgment is favorable to the Filipino Seafarer. 
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31 
CHAPTER III 
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PHILIPPINE SEAFAIR ONE STOP PROCESSING CENTER 
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34 
SECTION 10. Philippine Seafarer One Stop Processing Center (PSOC). - The 
35 
PSOC, as established under Administrative Order No. 56, has been tasked to 
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operational and make available to the public, an integrated document processing 
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center for the seafarers and the general public to conduct official transactions. 
3 
4 
PSOC shall have the services of the following government offices: 
5 
1) 
Overseas Workers Welfare Administration (OWW A); 
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2) 
Commission on Higher Education (CHED); 
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3) 
Professional Regulation Commission (PRC); 
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4) 
Technical Education and Skills Development Authority (TESDA); 
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5) 
Maritime Industry Authority (MARINA); 
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6) 
National Telecommunication Office (NTC); 
I I 
7) 
Maritime Industry Council (MTC); 
12 
8) 
Department of Foreign Affairs (DFA); 
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9) 
National Bureau of Investigation (NBI); 
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10) Social Security System (SSS); 
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11) Pag-Ibig Fund; 
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12) Philippine Coast Guard (PCG); 
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13) National Statistics Office (NSO); and 
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14) Such other government offices that the Secretary of DOLE may deem 
19 
necessary. 
20 
21 
SECTION 11. Rationalizing Government System and Procedures. - the 
22 
government offices enumerated under Section 9 hereof shall within three (3) months 
23 
from the effectivity of this Act, and in consultation with seafarers organizations, 
24 
recruitment agency association, and non-government organizations concerned, 
25 
rationalize and streamline 
policies, rule and procedures 
governing the 
26 
documentation licensing, certification, recruitment, hiring and deployment of 
27 
seafarers and the OFWs, in general. 
28 
Said offices, through the POC, shall enforce the streamlining of policies and 
29 
procedures involved in overseas employment with the view of cutting the time 
30 
required for documentary processing. Simplifying licensing' and certification 
31 
procedures, and facilitating and extension of welfare and support services to their 
32 
respective clients. 
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These streamlining efforts shall focus on, among others: 
34 
1) Simplification of systems and procedures and reduction of documentary 
35 
requirements; 
36 
2) Implementation of the full disclosure policy; 
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3) Formulation and implementation of a system of registration of seafarers and 
2 
the other OFWs, the registration, accreditation, and licensing of private 
3 
manning or crewing agencies, and all other related regulatory function; 
4 
4) Elimination of unnecessary duplicative requirements that go beyond the 
5 
requirements as defined in the STeW '78, as amended; 
6 
5) Formulation of regulated employment standard setting by prescribing 
7 
minimum provisions of the employment contract in conformity with labor 
8 
standard under Philippine laws and regulations; 
9 
6) Regulation of rule that ensure speedy disposition of illegal recruitment cases; 
10 
7) Formulation of rules that ensure speedy disposition of illegal recruitment 
11 
cases; and 
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8) Development and implementation of an effective information program, 111 
13 
coordination with manning or crewing agencies for the purpose of informing 
14 
the seafarers of their rights, obligations benefits and option attending to 
15 
specific situations that they may face in the course of their employment. 
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CHAPTER IV 
MANDATORY REQUIREMENTS FOR FILIPINO SEAFARERS 
SECTION 12. Mandatory Minimum Requirements. - To be eligible for 
employment, a seafarer must: 
1) Be a Filipino Citizen; 
2) Be at least, eighteen (1S) years old, except as may be determined by the 
Secretary of Labor and Employment; 
3) Be fit for duty as certified by the government- accredited institution 
authorized to conduct physical and medical examination for overseas 
employment; 
4) Meet the qualification and certification requirements prescribed by the DOLE 
agency concerned and the standard requirements under the STeW '78 as 
amended, and other international instruments prescribed relevant standards; 
5) Registered with and duly certified by the DOLE agency concerned as eligible 
for overseas employment if serving an ocean going vessels, and as eligible for 
local employment if serving on board domestic or inter-island vessels; and 
6) Other qualification requirements as may be prescribed by the DOLE In 
• 
lq~eping with international demands. 
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SECTION 13. Role of Government Agencies. - The following government 
agencies shall perform the following to promote the welfare and protect the rights of 
Filipino seafarers and whenever practicable, all overseas Filipinos: 
1) Department of Foreign Affairs. The DFA, through its home offices or foreign 
post, shall take priority action or make representation with the foreign 
authority concerned to protect the rights of Filipino seafarers and other 
overseas Filipinos and extend immediate assistance, including the 
repatriation of distressed or beleaguered Filipino seafarers and other overseas 
Filipinos; 
2) Commission on Higher Education (CHED) shall ensure the promotion of 
quality and efficiency in maritime education through advocacy and 
accountability. 
a) Commission on Higher Education and Technical Education and skills 
Development Authority. The TESDA shall ensure that the curricula for the 
seafarer's education and training are in consonance with the demands of 
global maritime industry as well as with the requirement of STCW 78 as 
amended. 
b) Commission on Higher Education and Maritime Training Council. The 
CHED, in coordination with MTC and responsible for the continuous and 
comprehensive research, review and upgrading of the system of 
, 
education, training, certification and recruitment of all maritime schools 
and institutions, as well as the manning or crewing agencies and 
regulatory commissions. 
3) Department of Labor and Employment. The DOLE shall ensure that labor and 
social welfare laws in foreign countries are fairly and faithfully applied to 
Filipino seafarers and whenever applicable to other overseas Filipinos, 
including the grant of legal assistance and the referral to proper medical 
centers or hospitals; 
a) Maritime Training Council. The MTC shall be responsible in the 
formulation, adoption and enforcement of regulatory measures for the 
observance of both the accredited training centers and agencies and the 
trainees to ensure quality standard and mechanisms of training and 
competence of local seafarers. 
b) Maritime Industry Authority the MARINA shall be responsible in the 
formulation, adoption and enforcement of regulations governing and 
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quality standards and mechanisms of training and competence of local 
seafarers. 
c) Philippine Overseas Employment Agency. In pursuit of promoting the 
well being of the Filipino seafarers, the POEA shall: 
1. Look into the improve on the working conditions and terms of 
employment of the officers and crew of vessels of Philippine registry, 
and of such officers and crew members who are Filipino citizens and 
employed by foreign vessels; 
2. Develop an effective system of monitoring and gathering welfare 
concerns for purposes of determining future welfare programs, 
monitoring existing welfare activities and addressing current welfare 
issues prioritize according to urgency; 
3. Observe and conduct a comprehensive and updated system of pre-
departure orientation seminars or briefings to departing seafarers and 
other maritime workers scheduled for deployment. It shall also 
undertake studies and distribute relevant materials for use in pre-
departure orientation seminars of maritime workers and other related 
activities; 
4. Accredit, regulate and supervise pre-departure orientation seminars or 
briefings of authorized manning or crewing agencies; 
5. Formulate and undertake programs and projects for the effective and 
efficient utilization of the seafarers welfare fund; 
6. Provide services to assist maritime worker and their immediate 
dependents and families; and 
7. Perform such other duties as may be essential in giving assistance to 
seafarers and their families. 
28 
SECTION 14. Filipino Seafarers' Research and Resources Center. - The 
29 
CHED shall coordinate with the University of the Philippines Scholl of Labor and 
30 
Industrial Relation (UP SOLAIR) for the establishment of an interdisciplinary 
31 
research lmd resource center of Filipino seafarers and maritime affairs. The center 
32 
shall F:rimarily conduct studies and researches which shall enhance the well-being 
33 
and interests of Filipino seafarers and their competitiveness in the global maritime 
34 
market. 
35 
CHAPTER VI 
36 
DOCUMENTATION, LICENSURE AND EXAMINATIONS 
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SECTION 15. Documentation. -
2 
a. For purposes of documentation, the Filipino seafarers shall be categorized as 
3 
local and overseas seafarers. 
4 
b. Local seafarer are considered documented when they possess the following 
5 
documents: 
6 
1) Seafarers identification and Record Book (SIRB) and Certificate of 
7 
Competency issued by the MARINA; 
8 
2) Certificate of Completion of Training of prescribed courses issued by the 
9 
accredited training centers; 
10 
3) Licensure Certificate if the seafarer is a harbor Pilot or a Major or Minor 
11 
Patron. 
12 
c. Overseas seafarers are considered documented when they possess the 
13 
following documents; 
14 
1) Seafarers Identification and Record Book (SIBR) and Certificate of 
15 
Competency issued by the MARINA and the Seafarer's Registration 
16 
Certificate (SRC) issued by the POEA; 
17 
2) , Certificate of Completion of Training of prescribed courses issued by the 
18 
accredited training centers and the valid Certificate of Competency issued 
19 
by the PRC for marine officers and TESDA for ratings and support level 
20 
crew or by the assessment center duly accredited by the MTC; 
21 
3) Licensure Certificate if the seafarer is a marine officer; 
22 
4) Such other documents as may be required. 
23 
24 
SECTION 16. Licensure and Examination. - The Professional Regulatory 
25 
Commission (PRC) shall be the lead agency in administering licensure examinations 
26 
and the issuance of such licensure certificates to seafarers in the officer level. Except 
27 
those categorized as harbor Pilots and Major and Minor Patrons for local shipping 
28 
which authority shall devolve to the MARINA. 
29 
The TESDA shall be the lead agency in administering examinations and the 
30 
issuance of the necessary certificates to seafarers in the ratings level. The 
31 
government agencies aforementioned shall formulate and undertake a systematic 
32 
program of implementing government policies pertinent to the licensing of specific 
33 
categories of seafarers. 
34 
The issuance of licenses and endorsement certificates to seafarers shall not 
35 
require pre-conditions other than what are required under the STCW '78 as 
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amended and other specific laws enacted for the purpose of regulating the 
2 
profession. 
3 
4 
SECTION 17. Integrated Documentation System. -
The DOLE in 
5 
coordination with government agencies concerned, shall develop an integrated 
6 
Documentation System (IDS) for the purpose of integrating and systematizing the 
7 
documentation of education, training licensing, and certification among Filipino 
8 
Seafarers. Said IDS shall contain all relevant information in the seafarer, inc! uding 
9 
education, training, licensure examinations and certification taken, it shall be used 
10 
by the seafarers in all his transactions with government, manning or crewing 
II 
agencies, and other pertinent bodies. 
12 
As such, agencies of the government concerned shall develop and implement 
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an information system that shall connect their respective databases for the purposes 
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of date storage sharing and generation pursuant to section 20 of Republic Act No. 
15 
8042. 
16 
CHAPTER VII 
17 
RECRUITMENT AND PLACEMENT 
18 
A. The Recruitment and Placement Industry 
19 
20 
SECTION 18. Private Sector Participation in the Recruitment and Placement 
21 
of Filipino Seafarers. - Pursuant to national development objectives and in order to 
22 
harness and maximize the use of private sector resources and initiative in the 
23 
devel~pment and implementation of a comprehensive employment program, the 
24 
private sector shall participate in the recruitment and placement of Filipino seafarers 
25 
locally and overseas: Provided, That such recruitment and placement procedures are 
26 
consistent with the provisions stipulated under this Act and such other guidelines, 
27 
rules and regulations as may be promulgated by the DOLE 
• 
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29 
'SECTION 19. Capitalization in the Recruitment and Placement Industry. -
30 
Individuals or corporations, partnership or entities applying for a license or 
31 
authority or renewal thereof shall be required a minimum capitalization and such 
32 
other requirements as may be prescribed by DOLE. 
33 
The same shall be obliged to pay such escrow deposits and surely bonds, in 
34 
an amount and conditions as may be prescribed by the DOLE to guarantee 
35 
compliance with all terms and conditions of the contract of employment and 
36 
applicable laws. 
12 


I 
Individuals or corporations, partnerships or entities applying for license or 
2 
authority or renewal thereof shall be required to pay the filing and registration fees 
3 
as may be prescribed by DOLE. 
4 
5 
SECTION 20. Non-Transferability of License. - No license or authority shall 
6 
be used directly or indirectly by any person other than the one in whose favor it was 
7 
issued or at any place other than that stated in the license, nor may such license or 
8 
authority be transferred, conveyed or assigned to any person or entity except under 
9 
such guidelines as may be prescribed by the DOLE. 
10 
Any transfer of business address, appointment or designation of any agent or 
11 
representative, including the establishment of additional offices anywhere shall 
12 
acquire prior approval from the Secretary of the DOLE. 
13 
14 
S.ECTION 21. Suspension and/or Cancellation of License or Authority. - The 
15 
Secretary of DOLE shall have the power to suspend or cancel and in both instance 
16 
impose fine any license or authority of this act or of other applicable provisions of 
17 
laws rules and regulations. 
18 
19 
SECTION 22. Persons and Entitles Prohibited from Engaging in Recruitment 
20 
and Placement Industry. - The following are prohibited from engaging directly or 
21 
indirectly, in the recruitment and placement industry: 
22 
23 
1. Any official or employees of DOLE, DFA and their attached agencies or other 
24 
government agencies involved in the implementation of this Act, or their 
25 
relatives within the fourth civil degree of consanguinity or affinity; 
26 
2. Persons and entitles engaged in the business of travel agency or engaged in 
27 
business as sales agent or airline and! or shipping companies, or their offices, 
28 
directors or partners. 
29 
30 
31 
B. Recruitment Placement Policies 
32 
SECTION 23. Recruitment and Placement Policies. - Manning or crewing 
33 
agencies engaged in private recruitment and placement service shall: 
34 
1. Make certain that placement fees or another charges for recruitment or for 
35 
providing employment to seafarer hall not be borne directly or indirectly, in 
36 
whole or in part, by the seafarers other than those authorized by law. 
13 


.' 
1 
2. For this purpose, the costs of the personal travel documents and Seaman's 
2 
Book shall no be deemed as "fees and other charges for recruitment" 
3 
3. Cause the reimbursement of any expenses incurred by the seafarer in 
4 
connection with his/her documentation and processing for purposes of 
5 
development, in the event where non-deployment is not the seafarer's fault; 
6 
4. Ensure that the Filipino seafarers well-being and right shall be the primary 
7 
consideration in the recruitment and placement of seafarers; 
8 
5. Guarantee that recruitment, placement and deployment of Filipino seafarers 
9 
shall not be made in jobs that are deemed inimical to their interest and to the 
10 
Republic of the Philippines; 
11 
6. Specify, with due regard to the right to privacy and the need to protect 
12 
confidentially, the conditions under which the personal data of Filipino 
13 
seafarers are processed by the manning or crewing agencies including the 
14 
collection, storage combination and communication of such data to third 
15 
parties; 
16 
7. Cease from furnishing or publishing any false notice or information or 
17 
document in relations to recruitment and employment, including or 
18 
attempting to induce a seafarer already employed to quit his/her 
19 
employment and offering another employment or influencing or attempting 
20 
to influence whether deliberately or unintentionally, any person on entity not 
21 
to employ any seafarer or the enforcement of a waiver of quit claims to any 
22 
seafarer before during and after employment, which act shall be deemed 
23 
unlawful; 
24 
8. Cease from substituting or altering to the prejudice of the seafarer the 
25 
.employment contact approved and process by the DOLE and withholding or 
26 
denying travel or employment documents from applicant seafarer 
27 
considerations other than those authorized under this Act the implementing 
28 
rules and regulations promulgated pursuant to this Act; and 
29 
9. Refrain from using means or mechanisms intended to prevent or deter 
30 
seafarers from gaining employment. 
31 
32 
SECTION 24. Duties of Manning and Crewing Agencies. - It shall be 
33 
incumbent upon manning and crewing agencies to ensure that: 
34 
35 
1. Any seafarer recruited or placed by them is qualified and is in possession of 
36 
the documents necessary for the job concerned; 
14 


2. The contract of employment and articles of agreement are in accordance with 
2 
the standard terms and condition governing the employment of the Filipino 
3 
seafarer on board ocean-going vessel as prescribed by the concerned agency 
4 
of the DOLE; 
5 
3. The Filipino seafarer is informed of his/her rights and duties under his/her 
6 
contract of the employment and the article of agreement prior to and in the 
7 
process of engagement; 
8 
4. Proper arrangements and opportunities are given for the Filipino seafarer to 
9 
examine his/her contract of employment and the articles of agreement before 
10 
and after he/ she signed such pertinent documents and for him/her to receive 
11 
.a copy of the duly-signed contact of employment; 
12 
5. Adequate information about the conditions attending to the situations on 
13 
board the vessel and overseas, as well as local and international laws and 
14 
15 
regulations which apply to the Filipino seafarer in the course of his/her 
employment or sojourn shall be provided; AND 
16 
6. A registry of all seafarer recruited or placed through them shall be put in 
17 
place and shall be available tor inspection by the competent authority. 
18 
19 
20 
C. Hiring, Deployment and Employment 
21 
SECTION 25. Hiring by Certain Employers. - Members of the diplomatic 
22 
corps, foreign government and international organizations may hire Filipino 
23 
seafarer; provided, that the proviSions of this Act and other applicable guidelines, 
24 
rules and regulations are followed. 
25 
26 
SECTION 26. Selective Development of Overseas Filipino Seafarers. -
27 
Deployment of overseas Filipino seafarer shall be allowed only in counties where 
28 
the right overseas Filipino seafarer are observed and protected. 
29 
Any of the following legal instruments shall be recognized as guarantee on 
30 
the part of the receiving country for the protection of the rights of overseas Filipino 
31 
seafarers: 
32 
33 
1. The receiving country has existing labor and social laws protecting the rights 
34 
of overseas seafarer; 
> 
35 
2. It, is a signatory to a multi-lateral convention, declaration or resolution 
36 
relating to the protection of overseas seafarer; 
15 


1 
3. It has a bilateral agreement or arrangement with the Philippine government 
2 
protecting the rights of overseas seafarer; or 
3 
4. It is taking positive concrete measures to protect the rights of overseas 
4 
seafarer; 
5 
6 
SECTION 27. Ban on Restrictions on Deployment. - Notwithstanding the 
7 
provisions of the immediately preceding section, the DOLE, in pursuit of national 
8 
interest or when public welfare so requires, may, at any time, terminate or impose 
9 
such restricts or ban on the deployment of overseas Filipino seafarer. 
10 
11 
SECTION 28. Prohibitions against Indiscriminate Deployment of Filipino 
12 
Seafarer. - The indiscriminate deployment of following Filipino seafarer shall be 
13 
deemed prohibited: 
14 
15 
1. Those below eighteen (18) years old or such minimum age requirements as 
16 
may be determined by the DOLE; 
17 
2. Those medically diagnosed to be unfit to work for the job being applied; 
18 
3. Those whose employment non-qualified for overseas employment; 
19 
4. Those whose employment contract was not processed and approved by the 
20 
PQEA; and 
21 
5. Any other factor that the DOLE may deemed prohibited. 
22 
23 
SECTION 29. Visitorial Powers of the DOLE. - The Secretary of the DOLE or 
24 
his/her duly designated representative may, at any time inspect vessels and ships 
25 
within Philippine jurisdiction of the accredited principal/ship-owner to determine 
26 
compliance with safety standards and living conditions of seafarer. 
27 
28 
CHAPTER VIII 
29 
ILLEGAL RECRUITMENT 
30 
31 
SECTION 30. Illegal Recrnitment. - For purposes of this Act, illegal 
32 
recruitment shall refer to any act of canvassing, enlisting, contracting, tranSporting, 
33 
utilizing, hiring, or procuring seafarer and includes referring, contract servicing, 
34 
promising, or advertising of employment for abroad whether for profit or not when 
35 
undertaken by a non-licensee or non-holder of authority contemplated under Article 
36 
13 (f) of Presidential Decree No. 422, as amended, otherwise known as the Labor 
16 


, 
I 
Code of the Philippines: Provided, That any such non-license or non-holder who, in 
2 
any manner, offers as promises for a fee employment abroad to two or more 
3 
person's shall be deemed engaged. 
4 
Illegal recruitment when committed by a syndicate or in a large scale shall be 
5 
considered an offense involving economic sabotage. 
6 
Ill,egal recruitment is deemed committed by a syndicate if carried out by a 
7 
group of three (3) members or more persons conspiring or confederating with one 
8 
another. It is deemed committed in large scale if committed against three (3) or more 
9 
persons individually or as a group. Illegal recruitment is also deemed committed in 
lOa large scale if the financial or material consideration involved amounts to more 
II 
than One Hundred Thousand Pesos (PIOO,OOO.OO), regardless of the number of 
12 
persons involved. 
13 
The persons criminally liable for the above offenses are the principals, 
14 
accomplice and accessories. In case of juridical persons, the officers having control, 
15 
management or direction of their business shall be liable. 
16 
17 
SECTION 31. Penalties. -
18 
1. Any person found guilty of illegal recruitment shall suffer the penalty of 
19 
imprisonment of not less than six (6) years and one (1) day but not more than 
20 
twelve (12) years and a fine of not less than Two Hundred Thousand Pesos 
21 
(P200,OO) nor not more than Five Hundred Thousand Pesos (PSOO,OOO). 
22 
2. The penalty of life imprisonment and a fine of not less than Five Hundred 
23 
Thousand Pesos (PSOO,OOO) nor more than One Million Pesos (Pl,ODD,OOO) 
24 
shall be imposed if illegal recruitment constitutes economic sabotage as 
25 
defined in the preceding article: Provided, however, That the maximum penalty 
26 
shall be imposed if the person illegally recruited is less than eighteen (18) 
27 
years of age or that the act of illegal recruitment is committed by a non-
28 
license or non-holder of authority 
29 
30 
SECTION 32. Prohibition on Officials and Employees. - It shall be unlawful 
31 
for any official or employee of the DOLE agency concerned or other government 
32 
agencjes involved in the implementation of this Act, or their relatives within the 
33 
fourth civil degree of consanguinity or affinity, to engage directly or indirectly, in 
34 
the business of recruiting Filipino seafarers, as defined under this Act. The penalties 
35 
provided for in the preceding paragraphs shall be imposed upon them. 
17 


I 
SECTION 33. Venue. - A criminal action arising from illegal recruitment as 
2 
herein defined shall be filled with the Regional Trial Court of the province or with 
3 
city where the offense was committed or where the offended party actually resides 
4 
at the time of commission of the offense. 
5 
6 
SECTION 34. Mandatory Period for Filing of illegal Recruitment Cases. -
7 
The preliminary investigation of cases under this Act shall be terminated within a 
8 
period of thirty (30) calendar days from the date of their filing. Where the 
9 
preliminary investigation is conducted by a prosecution officer and a prima facie 
10 
case is established, the corresponding information shall be filed in court within 
II 
twenty-four (24) hours from the termination of the investigation. 
12 
If the preliminary investigation is conducted by a judge and a prima facie 
13 
case is found to exist, the corresponding information shall be filed by the proper 
14 
prosecution officer within forty-eight (48) hours from the date of receipt of the 
15 
record of the case. 
16 
17 
SECTION 35. Prescriptive Periods. - Illegal recruitment cases under this Act 
18 
shall prescribe in five (5) years after the commission of the prohibited act; provided, 
19 
however, that illegal recruitment cases involving economic sabotage as defined 
20 
herein shall prescribe in twenty (20) years. 
21 
22 
SECTION 36. Free Legal Assistance; Preferential Entitlement Under the 
23 
Witness Protection Program. - A mechanism for free legal assistance for victims of 
24 
illegal recruitment shall be made available by the pertinent agencies of government. 
25 
Such mechanism shall include coordination and cooperation among the DOLE, DOf, 
26 
the IBP, and other non-government organization and volunteer groups. 
27 
Notwithstanding the provisions of Republic Act No. 6981 to the contrary, any 
28 
person who is the victim of illegal recruitment, or who is willing to be a witness on 
29 
behalf of the government, shall be entitled to the Witness Protection Program 
30 
provided there under. 
31 
CHAPTER IX 
32 
CONDITIONS OF EMPLOYMENT 
33 
34 
SECTION 37. Employment Agreement. - The employer shall provide for a 
35 
written agreement, which shall be drawn up with the seafarer concerning ship work. 
36 
The agreement shall contain the following: 
18 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
1. The Capacity in which the seafarer is to serve; 
2. The arrangement made as to the place of discharge and notice to terminate 
, 
the agreement; 
3. Provisions on rest periods; 
4. The wage agreed upon, its method of computation and manner of payment. 
In no case shall the parties agree to wages lower than the basic minimum 
wage prescribe by appropriate government agencies at the time of 
engagement; and 
5. The duration of the employment contract. 
SECTION 38. Allotment and Remittances. - It shall be mandatory for all 
seafarers to remit a portion of their earning to their families, dependents, and/ or 
beneficiaries in accordance with rules and regulations prescribed by the Secretary of 
DOLE. 
16 
SECTION 39. Limitations on Wage Deductions. - a deduction from the 
17 
seafarer's wages shall not be mage without his/her written consent, unless the 
18 
deduction is provided for in the contract of employment and is authorized by law. 
19 
20 
SECTION 40. Rest Periods. - a seafarer shall be allowed reasonable rest 
21 
periods in accordance with International standards and the Labor Code. He/she 
22 
shall entitle to adequate time for rest and sleep. The period of rest shall during any 
23 
24-hour period, amount to not less than lOhours. 
24 
25 
SECTION 41. Shore Leave. - The seafarer shall be allowed shore leave when 
26 
practicable, upon the consent of the master of deputy, taking into consideration the 
27 
operatio1\ and safety of the vessel and the seafarer. 
28 
29 
'SECTION 42. Short Manning and Save Wages. - In the event that the whole 
30 
or part of the voyage is carried out with as smaller crew than what it was previously 
31 
appointed, or if the number of the active members of the crew is reduced prior to or 
32 
during voyage, the wages saved due to this circumstances shall be distributed 
33 
proportionately among the members of the. active crew who assumed additional 
34 
work resulting therefrom. 
35 
19 


SECTION 43. Personal Effects. - A seafarer may bring a reasonable number 
2 
of articles for personal use: Provided, however, That this does not involve 
3 
inconvenience to the ship or cargo or pose any health risk on board. If the seafarers' 
4 
personal effect are lost or damaged as a result of shipwreck, loss or stranding, 
5 
abandonment of the vessel, or as a result of fire, flooding, collision or piracy, the 
6 
employer shall reimburse him/her for said loss or damage. 
7 
8 
SECTION 44. Consideration of Seaworthiness. - When more than half of the 
9 
crew makes a written complaint to the master regarding the seaworthiness of the 
10 
ship for the forthcoming voyage, if the chief engineer of first mate make a similar 
II 
complaint regarding the part of the ship, appurtenances or equipments under their 
12 
respective supervision, the ship master shall be bound to have the ship examined. If 
13 
the shipmaster refuses to let the ship be examined despite valid complaint to do so, 
14 
the crew' may refuse to proceed the voyage. 
15 
16 
CHAPTER X 
17 
HEALTH AND SAFETY 
18 
19 
SECTION 45. Prevention of Health Hazards. - Work on board the vessel 
20 
must be organized and executive in such a manner that the seafarer's life and limb is 
21 
well looked after. When a seafarer is assigned to work due regard shall be paid to 
22 
his qualification to undertake then work on a safe and sound basis. Provisions shall 
23 
be made to ensure that the seafarer is well informed of the hazards inherent in the 
24 
work and that he is given the proper guidance and adequate practice necessary to 
25 
avoid such hazards. 
26 
SECTION 46. Sanitary Conditions. - Measures should be undertaken to 
27 
ensure cleanliness and proper hygiene on board. The master shall ensure that the 
28 
crew is provided as well-balanced diet. He should also guarantee that the crew 
29 
receives the necessary vaccination or inoculation as required by the circumstances or 
30 
the laws of the country of which the vessel may enter. 
31 
32 
SECTION 47. Medical Examination and Medical Service. - A seafarer 
33 
engaged to perform services on board shall secure a medical certificate to the effect 
34 
that he is not suffering from any illness or mental or physical defect rendering him 
35 
unfit for work or which may constitute danger to other persons aboard. Any 
36 
member of the crew may also be required to submit to a medical examination, at the 
20 


, 
expense of such examination is necessary to monitor and maintain the health and 
2 
environmental conditions on board the vessels. 
3 
4 
SECTION 48. Protection from Sexual Harassment. - it shall be the duty of 
5 
the master and the employer to prevent the eommission of acts constituting sexual 
6 
harassment and provide measures for the resolution, settlement or prosecution of 
7 
acts of sexual harassment. 
8 
Sexual harassment is herein defined as an act committed by an employer, 
9 
employee, supervisor, agent of the employer, any other person who, having 
10 
authority, influence or moral ascendancy over another in a work environmental 
11 
demands, request or otherwise requires any sexual favor from another, regardless of 
12 
whether the demand, request or requirement is accepted by the subject of the said 
13 
act. 
14 
CHAPTER XI 
15 
SOCIAL WELFARE SERVICE AND DISABILITY BENEFITS 
16 
17 
SECTION 49. Disability. - In case of work-related total or partial disability of 
18 
the seafarer during the term of his/her employment cause by either injury or illness, 
19 
the seafarer shall be compensated in accordance with the schedule of the benefits 
20 
prescribed by the law. Computation of his/her benefits ariSing from an illness or 
21 
disease shall be governed by the rates and the rules of compensation applicable at 
22. 
the time the illness or disease was contracted. 
23 
No compensation shall be payable in respect in any injury, incapacity, 
, 
24 
disability or death of the seafarer resulting from his/her willful or criminal act; 
25 
provided however, that the employer can prove that such injury, incapacity, 
26 
disability or death is directly attributable to the seafarer. 
27 
When requested, the employer shall furnish the seafarer a copy of all 
28 
pertinent medical reports or records at no cost to the seafarer. 
29 
30 
SECTION 50. Employer's Liability in Case of Death. - When the seafarer 
31 
dies as a result of injury or illness during the term of employment, the employer 
32 
shall pay the beneficiary / ies of the seafarer all outstanding obligations due the 
33 
seafarer under his/her employment contract; the employer is also mandated to 
34 
notify the next of kin and make arrangement for burial, return or repatriation of the 
35 
remains. If the death occurs in a foreign territory, the master shall also inform the 
36 
nearest Philippine Embassy or Foreign Service Office of said death. The remains and 
21 


personal effects of the seafarer shall be transported to the Philippines employer's 
2 
expense except if the death occurred in the port where local government laws or 
3 
regulations do not permit the transport of such remains. 
4 
In case death occurs at sea, arrangements for the handling of the remains 
5 
shall be drawn up and proposed by the shipmaster to the decreased next of kin. In 
6 
all cases, the employer and! or shipmaster though the manning and crewing agency, 
7 
shall communicate with the next of kin of the deceased and secure the next of kin's 
8 
concurrence as regards the proposed arrangements covering the handling of the 
9 
seafarer's remains. The employer shall also pay for the seafarer's burial expenses. 
10 
11 
.sECTION 51. Death Benefits. - In case of work-related death of the Filipino 
12 
seafarer during the term of his contract, the employer shall pay his beneficiaries the 
13 
corresponding death benefits. 
14 
The benefits shall be separate and distinct from and shall be in addition to 
15 
whatever benefits shall be payable in case of death resulting from a willful act by the 
16 
Filipino seafarer. In connection thereto, the employer can prove that such death is 
17 
directly attributable to the seafarer. 
18 
19 
SECTION 52. Payment of Benefits. - The Employer shall have ensure 
20 
expeditious arrangement for the payment of death or personal injury benefits 
21 
provided under this Act. The employer shall likewise arrange for adequate 
22 
insurance coverage. 
23 
24 
SECTION 53. Review of Benefits. - The POEA shall, upon consultation with 
25 
the seafarer's unions and associations of manning agencies and shipping companies 
26 
undertake a regular annual review of death benefits provided under this Act and 
27 
through its governing board, update or amend the death benefits to keep it at par 
28 
with prevailing international standards. 
29 
30 
SECTION 54. Seafarer's Loan Guarantee Fund. - The OWW A in coordination 
31 
with government financial institutions, shall institute financing schemes that will 
32 
expand the grant of pre-departure load and family assistance load to seafarer in 
33 
accordance with Section 21 of RA No. 8042. 
34 
22 


I 
SECTION. 55. Housing and Provident Benefits - Seafarers shall be provided 
2 
access to the government's housing program through membership in the Home 
3 
Development Mutual Fund (Pag-Ibig Fund). 
4 
5 
SECTION 56. Care of the Sick or Injured. - In case of illness or injury during 
6 
the term of employment, the master shall arrange for the seafarer to receive proper 
7 
nursing care on board or ashore, including medical attention, medicines and 
8 
attention. 
9 
The sick or injured seafarer shall continue to receive his wager during the 
10 
time he is under contract. 
11 
If the work-related injury or illness requires medical and/ or dental treatment 
12 
in a foreign port, the employer shall be liable for the full cost of such medical, 
13 
serious dental, surgical and hospital treatment as well as board and lodging until the 
14 
seafarer is declared fit to work or to be repatriated. 
15 
16 
SECTION 57. Care fore Repatriated Seafarer. - If after repatriation the 
17 
overseas seafarer still requires medical attention ariSing from said injury or illness, 
18 
he shall be so provided, at cost to the employer until such time he is declared fit and 
19 
the degree of his disability has been established by the employer-designated 
20 
physician. 
21 
For this purpose, the seafarer shall submit himself to a post-employment 
22 
medical examination by a company-designated physician within three (3) working 
23 
days upon his return except when he I physically incapacitated to do so, in which 
24 
case, a written notice to the agency within the same period is deemed as compliance, 
25 
failure of the seafarer to comply with the mandatory reporting requirement shall 
26 
result in his forfeiture of his right to claim the-above benefits. 
27 
28 
CHAPTER XII 
29 
DISCIPLINARY AND DISPUTE SETTLEMENT PROCEDURE 
30 
31 
SECTION 58. Duties of the EmployerlMaster. -
32 
1. To faithfully comply with the stipulated terms and conditions of the 
33 
employment contract, particularly the prompt payment of wages, remittance 
34 
of allotment and the expeditious settlement of vaiid claims of the seafarer 
35 
2. To make operational on board the vessel the grievance machinery provided 
36 
in his contract and ensure its free access at all times by the seafarer; AND 
23 


1 
3. To ensure the protection and safety of seafarer at all times 
2 
3 
SECTION 59. Duties of the Seafarer. -
4 
1. To faithfully comply with and observe the terms and conditions of his 
5 
contract violation of which shall be subject to disciplinary sanctions; 
6 
2. To, treat the ship and the cargo with proper care out his duties as a whole 
7 
with due responsibility; 
8 
3. To comply with company rules, regulations and policies consistent with the 
9 
rules and regulations issued by the DOLE; 
10 
4. To conduct himself in an orderly and respectful manner towards passengers 
11 
and shippers stevedores, port authorities and other persons official business 
12 
with the ship. Each shall treat his/her colleagues on. board with due 
13 
consideration; and 
14 
5. To observe the grievance procedure outlined in this Act. 
15 
16 
SECTION 60. Disciplinary Procedures. - The employer/master shall serve 
17 
seafarer with a written notice containing the grounds for the charges against the 
18 
seafarer concerned. 
19 
The employer/master or his/her authorized representative shall conduct the 
20 
investigation or hearing, giving the seafarer the opportunity to explain or defend 
21 
himself against the charges. An entry on the investigation shall be made in the ships 
22 
logbook if, after the investigation or hearing, the employer/master is convinced that 
23 
the imposition of a penalty is justified the employer/master shall issue a written 
24 
notice of penalty and the reason thereof to the seafarer, with copies furnished to the 
25 
manning or crewing agency which deployed the said seafarer. 
26 
The aggrieved seafarer may appeal in writing within a period of five (5) days 
27 
from the date the Master rendered decision to a Grievance Resolution Committee 
28 
composed of one (1) representative from the ratings to be the chosen by the 
29 
concerned seafarer, one (1) representative from the officer level to be chosen by the 
30 
Master, and shipmaster. 
31 
Th'e Grievance Resolution Committee shall review the appeal within a period 
32 
of not ;:nore than fifteen (15) days from the date of appeal execution of judgment is 
33 
deemed suspended upon filling of the appeaL 
34 
35 
SECTION 61. Grievance Machinery. -
24 


1 
(a) 
If the seafarer considered himself aggrieved he shall make his complaint in 
2 
accordance with the following procedures: 
3 
1. The seafarer shall approach the head of the Department in which he is 
4 
assigned to explain his grievance: 
5 
2. The seafarer shall state his grievance in writing and in and orderly manner 
6 
and shall choose a proper time when his complaint or grievance can be 
7 
properly heard; 
8 
3. The department head shall seek resolve the complaint or grievance and 
9 
where solution is not possible at his level refer the complaint or grievance to 
10 
the Master; 
11 
4. If the seafarer is not satisfied with the decision of the Mater, he may appeal to 
12 
the Grievance Resolution Committee which shall be chosen by the concerned 
13 
seafarer, one (1) representative from the officer level to be chosen by the 
14 
Master, and one (1) neutral party to be agreed on by the concerned seafarer 
15 
and shipmaster; 
16 
5. The Grievance Resolution Committee shall seek to address and resolve the 
, 
17 
grievance within a period of fifteen (15) days upon receipt of written appeal; 
18 
6. .If no satisfactory result is achieved, the seafarer concerned may appeal to the 
19 
management of the company or with a Philippine Labor Attache or consular 
20 
officer overseas. 
21 
7. The Master shall afford such facilities necessary to enable the seaman to 
22 
transmit hi appeal; and 
23 
(b) 
When availed by the seafarer the grievance procedure and all actions or 
24 
decisions agreed upon shall be properly documented for the protection and interest 
25 
of both parties. Speedy resolution of cases shall be given utmost priority. 
26 
27 
SECTION 62. Dispute Settlement. - The procedure herein stated shall be 
28 
without prejudice to the other action that maybe brought by the seafarer before the 
29 
jurisdiction of the concerned regular courts and/ or NLRC; or to the exclusive and 
30 
original jurisdiction of the voluntary arbitrators of the National Conciliati.Jn and 
31 
Mediation Board (NCMB) of DOLE. 
32 
33 
SECTION 63. Voluntary Arbitration. -
Pursuant to the constitutional 
34 
mandate on the preferential use of voluntary modes of dispute settlement, the DOLE 
35 
shall adopt procedural guidelines in the conduct of voluntary arbitration 
25 


• 
1 
proceedings involving the maritime sector and promote the use of voluntary 
2 
arbitration as a mode to achieve speedy resolution of cases. 
3 
4 
'SECTION 64. Money Claims. - Notwithstanding any provision of law to 
5 
contrary, the Labor Arbiters of the NLRC shall have the original and exclusive 
6 
jurisdiction to hear and decide, within ninety (90) calendar days after filling of the 
7 
complaint, the claims arising out of an employer-employee relationship or by virtue 
8 
of any law or contact involving a Filipino seafarer, including claims for actual, moral 
9 
exemplary and other forms of damages. 
10 
The liability of the principal/ employer and the manning or crewing agency 
11 
for any and all claims under this section shall be joint and several this provision 
12 
shall be a condition precedent for its approval. The performance bond to be filed by 
13 
the manning and crewing agency. As provided by law, shall be answerable for all 
14 
money claims or damages that maybe awarded to the seafarer concerned. If the 
15 
manning or crewing agency is a juridical being the corporate officers and directors 
16 
and partners as the case may be, shall themselves be jointly and solitarily liable with 
17 
the corporation or partnership for the aforesaid claims and damages. 
18 
Such liabilities shall continue during the entire duration of the employment 
19 
contact and shall no be affected by any substitution, amendment or modification 
20 
made locally or in a foreign country where the said contact was entered into any 
21 
compromise, amicable settlement or voluntary agreement on money claims inclusive 
22 
at damages under this section shall be paid within four (4) months from the 
23 
approval of the settlement by the appropriate authority. 
24 
In case of termination of overseas employment without just, valid or 
25 
authorized cause defined by law or contract the seafarer shall be entitled to the full 
26 
reimbursement of his/her placement fee with interest at twelve percent (12%) per 
27 
annum, plus his/her placement fee with interest at portion of his/her employment 
28 
contract or for three (3) months for every year of the unexpired term, whichever is 
29 
less. 
30 
31 
SECTION 65. Liability for Claims. - The liability of the principal/ employer 
32 
and the manning agency for any claims mage by Filipino seafarer under this title 
33 
shall be joint and several. 
34 
35 
SECTION 66. Prescriptive Period. - Recognizing the particular nature of 
36 
overseas shipboard employment, all monetary claims arising from the seafarer's 
26 


• 
I 
contact shall prescribe within three (3) years from the date of the seafarer's return to 
2 
the point of hire. All monetary claims of those employed in domestic shipping shall 
3 
prescribe within three (3) years from the day action commenced. 
4 
5 
CHAPTER XIII 
6 
POST EMPLOYMENT 
7 
8 
SECTION 67. Termination of Employment. - The employment of the overseas 
9 
seafarer shall cease when he/ she: 
10 
a) Completes his/her period of contractual service aboard the vessel, signs off 
11 
from the vessel and arrives at the point of hire; 
12 
b) Arrives at the point of hire for any of the following reasons: 
13 
1.' Voluntarily resigns for just cause and signs off prior to expiration of 
14 
contract; 
15 
2. Signs-off and disembarks for health reasons; 
16 
3. Signs off due to shipwreck, lay-up of vessel, change of vessel or 
17 
discontinuance of voyage; and 
18 
4. Is discharged for just cause. 
19 
20 
SECTION 68. Termination by Seafarer. - A seafarer may terminate the 
21 
employer-employees relationship based on either: 
22 
1. The ship is not seaworthy; 
23 
2. The principal changes 
24 
3. The vessel is sold; 
25 
4. The vessel is shipwrecked; 
26 
5. The seafarer has been ill-treated on board and the master has failed to protect 
27 
him when requested to do so; 
28 
6. The voyage is discontinues or substantially altered; 
29 
7. After the seafarers start on board, it appears that the ship is at risk of being 
30 
seized by a belligerent power or exposed to war damage, or that such risk is 
31 
imminent or has increased considerably; and 
32 
8. After the seafarers starts on board, it appears that a violent epidemic disease 
33 
has broken out in the port for which the ship is bound. 
34 
In the cases mentioned in subparagraphs 6 - 8 hereof, the seafarer may take 
35 
his/her departure with immediate effect if the voyage has not commenced, or 
36 
otherwise at the ship's first port of call after he has become aware of the situation. 
27 


• 
• 
I 
2 
SECTION 69. Prohibition against Transfer of Station. - A Filipino seafarer 
3 
shall not be transferred at any port to any vessel owned or operated, manned or 
4 
managed by the same employer without the seafarer's consent. In the event that the 
5 
seafarer concerned consents with such transfer, the position of the seafarer and the 
6 
rate of his/her wages and terms of services shall, in no way, be lower or inferior and 
7 
the total period of employment shall not exceed that Original agreed upon. Any form 
8 
of transfer shall be documented and reported by the manning or crewing agency to 
9 
thePOEA. 
10 
II 
SECTION 70. Post Employment Benefits. - Whenever applicable, in addition 
12 
to the benefits a seafarer may be entitled to under the OWW A and the SSS, a retiring 
13 
seafarer covered by collective bargaining agreement shall be entitled to such post-
14 
employment benefits as may be provided in his/her contract or agreement. 
15 
A Filipino seafarer who is not covered by a collective bargaining agreement, 
16 
on the other hand, may, upon notice to his/her manning or crewing agency and 
17 
principal, authorize deduction of a specified percentage of his/her monthly wages 
18 
to form part of his/her voluntary contribution to the post-employment fund. The 
19 
amount to be deducted shall be places in an account in the name of the contributing 
20 
seafarer. 
21 
CHAPTER XIV 
22 
REPATRIATION 
23 
24 
SECTION 71. Repatriation. - All costs related to the repatriation and / or 
25 
transport of the personal effects of a seafarer shall be borne by or charge to the 
26 
manning or crewing agency concerned and/ or its principal. The expenses of 
27 
repatriation shall include the transportation charges, the accommodation and the 
28 
food of the seafarer during the journey. However, in cases where the termination of 
29 
employment is due solely to the fault of the seafarer, the principal/employer or 
30 
manning/ crewing agency shall not in any manner be responsible for the repatriation 
31 
of the former and/ or his/her personal effects. 
32 
33 
SECTION 72. Mandatory Repatriation of Underage Seafarers. - Upon 
34 
discover or information of a Filipino seafarer whose actual age falls below eighteen 
35 
(18) years of age, the nearest Philippine consulate office shall, without delay, 
28 


• 
1 
repatriate the said seafarer and advise the DFA and DOLE as soon as possible of 
2 
such recovery and other relevant information. 
3 
4 
SECTION 73. Emergency Repatriation. - The DOLE, in coordination with the 
5 
OWW A and the DF A, shall undertake the repatriation of seafarers in cases of war, 
6 
epidemics, disasters or calamities, natural or man-made, and other similar events 
7 
without 
prejudice 
to 
reimbursement 
by 
the 
responsible 
principal 
or 
8 
manning/ crewing agency. 
9 
10 
SECTION 74. Legal Assistance Fund. - The Legal Assistance Fund created 
11 
under·RA. No. 8042 shall extend legal services to an overseas seafarer who is in 
12 
distress in accordance with the guidelines, criteria and procedures promulgated 
13 
therein. 
14 
15 
CHAPTER XV 
16 
REINTEGRATION SERVICES 
17 
18 
SECTION 75. Retraining and Reintegration. - Returning or unemployed 
19 
seafarers may avail of the livelihood development/ re-training programs and 
20 
placements services offered by concerned government agencies, including OWW A 
21 
and TESDA, TLC and the CDA. 
22 
The agencies shall formulate upgrading skills or retraining curricula to meet 
23 
the needs of returning or unemployed seafarers. The participation of the maritime 
24 
industry, in particular, port and shipping industry, and maritime education 
25 
institutions shall be likewise solicited by the DOLE in devising the appropriate 
26 
retraining and local job placement programs for unemployed seafarers. 
27 
28 
SECTION 76. Establishment of Reintegration Center. - ARe-integration 
29 
Center within the OWW A shall be established to attend to the needs of returning 
30 
seafarers. The center shall provide a mechanism for their reintegration into the 
31 
Philippine society, serve as a promotion house for their local employment, and tap 
32 
their kills and potentials for national development. 
33 
The Center shall proVide the following services: 
34 
c) Develop livelihood programs and project for returning seafarers in 
35 
coordination with the private sector and concerned government agencies; 
29 


.. 
1 
d) Coordinate with appropriate private government agencies in the promotion, 
2 
development, and full utilization of their potentials. For this purpose, the 
3 
DOLE shall be the lad implementer. The CDA and the TLRC shall develop 
4 
among returning seafarers, technical expertise in the enterprise building and 
5 
development, while the DSWD shall provide the necessary services for the 
6 
effective social reintegration of migrant workers; 
7 
e) Develop a matching program that will allow returning Filipino seafarers to 
8 
develop business partnerships and employment options with public and 
9 
private sector enterprises in the country; and 
10 
f) provide a periodic study of the assessment of job opportunities for returning 
11 
seafarers. 
12 
13 
SECTION 77. Scholarship Program. - Qualified seafarers or their immediate 
14 
descendants, who intent to pursue science and technology related courses may 
15 
apply for scholarships with the OWWA which shall benefit deserving overseas 
16 
seafarers and/ or their immediate descendants below twenty-one (21) years of age 
17 
who intend to pursue courses or training primarily in the field of science and 
18 
technology. 
19 
The DOLE, in coordination with the CHED, shall establish a similar program 
20 
for domestic seafarers within a period of three (3) years from the enactment of this 
21 
Act. 
22 
CHAPTER XVI 
23 
ACCOUNT ABILITY OF GOVERNMENT OFFICIAL AND PERSONNEL 
24 
25 
SECTION 78. Accountability of Government Officials and Personnel. - Any 
26 
government official and personnel who fails'or refuse to render services (s) and/ or 
27 
assistance to seafarers without just cause shall, after dues notice and hearing, and if 
28 
found guilty, be punished with suspension from office of not less than sixty days 
29 
(60) or dismissal from the service with forfeiture of retirement and other benefits. 
30 
31 
32 
33 
CHAPTER XVII 
TRANSITORY PROVISIONS 
34 
SECTION 79. Implementing Rules and Regulations. - The DOLE, in 
35 
coordination with the DFA and other agencies concerned and within ninety (90) 
36 
days after the effectivity of this Act, shall formulate its rules and regulations. 
30 


.; , " 
• 
I 
SECTION 80. Separability Clause. If any provision of this Act is declared 
2 
unconstitutional, the remaining provisions shall continue in force. 
3 
4 
SECTION 81. Repealing Clause. All laws, presidential decrees, issuances, 
5 
executive orders, letters of instruction, rules or regulations inconsistent with the 
6 
provisions of this Act are hereby repealed or modified accordingly. 
7 
8 
SECTION 82. Effectivity Clause. This Act shall take effect fifteen (15) days 
9 
after its publication in two newspapers of national circulation. 
10 
II 
Approved, 
31