THIRTEENTH CONGRESS OF THE REPUBLIC 
} 
OF THE PHILIPPINES 
1 
First Regrllar Session 
S E N A T E  
* .  
S. No. 
Introduced by Senator S. R. Osmefia 111 
EXPLANATORY NOTE 
The Philippines plays a major role in the world's maritime trade and 
commerce. There are some 216,031 Filipino seafarers working on board 
international vessels for the year 2003. 
The maritime industry remains one of the pillars of our country's economy. 
Filipino seafarers account for $1.3 billion of remittances from overseas Filipino 
workers in 2003. From January to February of this year $212 million have been 
remitted by seafarers to our nation's coffers. 
A National Seamen Board was created in 1974 to develop and maintain a 
comprehensive program for Filipino seafarers employed overseas. However, the 
Board was abolished in 1982 with the creation of the Philippine Overseas 
Employment Administration. While many commend the POEA for its efforts in 
protecting the rights and promoting the welfare of the Filipino overseas workers, 
Filipino seafarers consistently clamor for a more practical and lesser 
documentary requirements for overseas employment. 
This bill seeks the creation of a National Seafarers Commission which will 
handle all practical details of employment promotion, deployment, training and 
management of the Filipino seafarers. 
4 
SERGIO OSMENA III 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC 
1 
OF THE PHILIPPINES 
First Regular Session 
s. NO. 
Introduced by Senator S. R. OsmeAa 111 
AN ACT 
CREATING A NATIONAL SEAFARERS COMMISSION, PRESCRIBING ITS 
POWERS AND FUNCTIONS AND APPROPRIATING FUNDS THEREFORE, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the 
Philippine in Congress assembled: 
1 
SECTION 1. Title. - This Act shall be known as the “National Seafarers 
2 
Commission Act of 2004.” 
3 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the 
4 State to free the people from poverty through the policies that provide social 
5 
6 
7 
8 
9 
IO 
11 
12 
13 
14 
15 
services, and promote full and equal employment for all. 
Pursuant to the foregoing state of policy, the Philippines, through this Act 
shall institutionalize and redirect existing government efforts in effecting 
meaningful programs on the development, training, certification and welfare 
systems of local and overseas seafarers integrated under one agency. 
SEC. 3. Creation of the National Seafarers Commission. - There is 
hereby created a National Seafarers Commission, hereinafter referred to as the 
Commission, which shall be organized within sixty (60) days from the date of the 
approved of this Act. 
The Commission shall be under the direct supervision of the Office of the 
President. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
I 9  
20 
SEC. 
4. 
Objectives. - The Commission shall have the following 
objectives: 
(a) 
To develop, organize, maintain and operate and integrated and 
streamlined maritime manpower development system that shall 
undertake the education, training, certification and qualification of 
Filipino seafarers in accordance with the International Convention of 
Standards of Training, Certification and Watchkeeping for Seafarers, 
1978 as amended and other International Maritime Organization 
(IMO) regulations, directed towards safer ships and cleaner oceans; 
To establish and maintain a centralized government agency that 
shall attend to the needs of Filipino seafarers, providing them the 
necessary services, supervision, regulation and guidance in the 
pursuit of their career without saddling them with unnecessary 
bureaucratic and documentary requirements; and 
To upgrade the knowledge and skills of Filipino seafarers in modern 
ship technologies so as to meet increasing demand of domestic and 
foreign shipping companies for competent seafarers. 
(b) 
(c) 
SEC. 5. The Governing Board and Its Composition. - The Commission 
shall have a tripartite governing board hereinafter referred to as the Board 
composed of the Chairman, and four 
(4) Commissioners. They shall be 
21 
appointed by the President of the Republic of the Philippines upon 
22 
23 
SEC. 6. Powers and Functions of Board. - The Board shall be the 
24 
highest policy body making of the Commission. 
It shall exercise overall 
25 
administrative supervision over the Commission to insure the efficient 
26 
implementation of policies and program. The Board shall have the following 
27 
functions: 
recommendation of the manning sector for a term of three (3) years. 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
(a) 
Formulate policies in the education, training and certification of 
seafarers for local and overseas deployment; 
(b) 
Regulate private sector participation in the recruitment and 
placement of domestic and overseas seafarers through effective 
licensing, regulation and monitoring system; 
Maintain a proactive system of monitoring and addressing welfare 
concern of the seafarers and their families; 
Promote the marketability and competitive edge of Filipino seafarers; 
Secure the best terms and conditions of employment of Filipino 
seafarers and ensure compliance therewith; and 
(c) 
(d) 
(e) 
(f) 
Establish bilateral andlor multilateral arrangement with various 
flagstate 
hiring Filipino seafarers on 
issues affecting their 
employment opportunities, welfare and development. 
SEC. 7. Executive Offices of the Commission. - The Commission shall 
be headed by the Chairman, who shall also act as Chief Executive Officer, to be 
assisted by the Assistant Chairman. The Assistant Chairman must be a career 
official who has proven his tract record and versatility in the seafaring sector. 
The Commission shall be composed of the Manpower Development Office, the 
Licensing, Accreditation and Placement Office, the Welfare Office, the Research, 
Standard and Marketing Development Office, and the Administrative Office, all of 
which shall be headed by career officials. 
SEC. 8. Functions of Executive Offices. - For proper coordination and 
effective implementation of the purpose and objectives of the Commission, each 
executive office shall perform the following functions: 
(a) The Manpower Development Office. The Manpower Development 
Office shall implement policies and guidelines toward promotion of 
skills and professional competence of seafarers, and in furtherance 
thereof, the official shall: 
3 


4 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
(1) Develop and establish education and training standards of Filipino 
seafa re rs ; 
(2) In coordination with concerned government agencies, accredit, 
regulate and supervise maritime schools and training centers; 
(3) Close down maritime schools and training centers or cancel the 
permit to conduct maritime programs on grounds of sub-standard 
operation and/or major system nonconformity/ies; 
(4) Issue Seafarers Identity Document in accordance with International 
Labor Organization (ILO) Convention No. 108; 
(5) Establish and maintain a centralized registry of competent and 
certificated seafarers for domestic and overseas trade; 
(6) Conduct examination and issue of certificates of competency and 
endorsement to marine officers in accordance with the STCW 
Convention as amended; and 
(7) Perform such other functions as may be directed by the Chairman. 
(b) The Licensing Accredifafion and Placement Office. The Licensing I 
Accreditation and Placement Office shall undertake a systematic 
program of implementing the Commission’s policies of promoting, 
regulating and monitoring the employment of seafarers as well as the 
operation of private manning agencies. Pursuant thereto, the office 
shall: 
(1) Establish, operate and maintain a licensing and accreditation system 
to regulate the recruitment and the placement of seafarers in 
accordance with pertinent ILO conventions; 
(2) Process the application for licenses or authority to operate private 
manning agencies and shall supervise and regulate the operations of 
the said agencies; 
4 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
(3) Prepare and implement an inspection program for effective 
supervision and evaluation of the activities of private manning or 
shipping agencies; 
(4) Process all shipboard contracts and/or shipping articles, and secure 
the best possible terms and conditions of employment of seafarers; 
(5) Hear cases involving violation of rules and regulations on the 
recruitment and placement, violations of the condition of licenses or 
authority including complaints for suspension and cancellation or 
revocation thereof; and recommend to the Chairman appropriate 
actions as deemed tiecessary; and 
(6) Perform such other functions as may be directed by the Chairman. 
(c) The Welfare Office. The Welfare Office shall undertake measures 
towards industrial peace and provide the necessary services to 
enhance the well-being of seafarers. In this regard it shall perform 
the following functions: 
(1) Establish and maintain speedy and efficient conciliation machinery. 
The resolution of which shall be made in every case within thirty (30) 
days from submission thereof; 
(2) Develop an effective system of monitoring and gathering welfare 
concerns through a pool of dedicated personnel for purposes of 
determining future welfare programs, monitoring existing welfare 
activities and addressing current welfare issues prioritized according 
to their urgency; 
(3) Conduct pre-departure orientation seminars or briefing to departing 
seafarers’ scheduled employment. It shall also undertake studies and 
development materials for use in pre-departure orientation seminar of 
seafarers and other related activities; 
5 


1 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
(4) Accredited, regulate and supervise pre-departure orientation seminars 
or briefing of authorized manning or shipping industries; 
(5) Formulate and undertake programs and projects for the effective and 
efficient utilization of seafarers’ welfare funds; 
(6) Provide services to assist the seafarers and their immediate 
dependents and families; and 
(7) Perform such other duties as may be directed by the Chairman. 
(d) The Researcher, Standard and Marketing Development Office. - The 
Research, Standard and Marketing Development Office shall 
formulate, develop and implement a comprehensive maritime 
manpower export development strategy and market promotion 
geared towards enhancement of seafarers’ employment opportunities’ 
in domestic and overseas markets. 
perform the following functions: 
(1) Conduct researchers, studies and statistics on the trend and other 
date on both domestic and overseas shipping and manning industries 
for use as materials in policy formulation, market promotion/strategies 
and manpower development programs; 
In furtherance thereto, it shall 
(2) Provide support services and materials for the reproduction and 
publication of all printed materials of the Commission; 
(3) Develop, establish and maintain a public information system and such 
facilities that would educate and orient seafarers regarding the 
Commission’s policies; and 
(4) Perform such other information as may be directed by the Chairman. 
(e) The Administrative Office. - The Administrative Office shall be 
responsible for providing the Commission with services relating to 
personnel information, records, supplies equipment collection and 
disbursements, security and custodial works. 
It shall provide the 
6 


1 
8 
9 
10 
I 1  
12 
13 
14 
15 
Commission with staff, advice and assistance on budgetary, financial 
and management matters. 
SEC. 9. Staffing Pattern. - The organizational framework and staffing 
pattern of the Commission shall be prescribed and approved by the Executive 
Secretary within sixty (60) days after the approval of this Act. 
With regard to appointments to the positions in the approved staffing 
pattern, optimum consideration shall be made conforming to the objective of 
setting up and maintaining in the Commission the highest standards of integrity, 
efficiency and competence. 
In addition to other form of incentives that may be granted by the Board, 
all personnel of the Commission shall be accorded to government employees. 
SEC. I O .  Transitory Provisions. - The Maritime Training Council and all 
offices, departments, branches, divisions or sections of the Commission on 
Higher Education, Philippine Overseas Employment Administration, the Maritime 
Industry Authority, the Overseas Workers Welfare Administration, the Bureau of 
16 
Local Employment, the Technical Education and Skills Development Authority, 
17 
the National Telecommunications Commission, the Philippine Coast Guard and 
18 
the Boards of Marine Deck and Engineer Officers of the Professional Regulation 
I 9  
Commission and other government agencies, and instrumentalities performing 
20 
any of the functions provided for under this Act are thereby transferred with their 
21 
personnel, records, files, supplies, vehicles, equipment, furniture, funds and 
22 
other properties to the National Seafarers Commission. 
23 
24 
25 
undertakings: 
26 
27 
28 
For purpose of effecting a smooth, orderly and expeditious organizational 
and functional transition period, the following shall, among others govern such 
(a) The Commission shall coordinate with agencies and instrumentalities 
mentioned in this Section in order to minimize disruption of the usual 
services being rendered to public clientele; 
7 


I 
2 
3 
4 
5 
6 
7 
8 
9 
I O  
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
Officials and employees of all agencies concerned are not deprived of 
reemployment to the Commission nor shall be reduced of their ranks 
or diminution of their salaries, unless a contrary existing law SO 
provides; and 
That employees affected by the creation of the Commission shall be 
given preference for appointment in the Commission on the basis of 
merit and fitness: Provided, That those who may be laid off for cause 
or by option of voluntary phase out, shall be given gratuity equivalent 
to one (I) 
month's salary for every year of service, in addition to all 
benefits to which they are entitled under existing rules and 
regulations. 
SEC. 11. Penal Provisions, - Any person, association, corporation or 
entity who violate any provisions of this Act, or the rules and regulations made 
thereof shall upon conviction, be punished of fined according to the degree of 
offenses as the court or adjudicating administration may impose in accordance 
with existing civil or penal laws of the Philippines: Provided, That in case the 
violation is committed by an association, corporation or entity, the penalty that 
may be prescribed shall be imposed on the responsible officers, directors, and/or 
owners of the said entities: and Provided, finally, that nothing in this Act shall 
prevent the National Seafarers Commission from instituting administrative 
penalties for violation of any regulation that it may promulgate. 
SEC. 
12, 
Appropriations. - The amount necessary for the 
implementation of this Act shall be taken from the funds of all offices, 
departments, branches, divisions or sections of the government agencies 
mentioned under Section I O  of this Act and other agencies and instrumentalities 
performing any of the functions and operation and maintenance of the 
Commission shall be included in the annual General Appropriations Act. 
8 


I 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
I 2  
13 
SEC. 13. Repealing Clause. - Republic Act No. 8544 and Presidential 
Decree No. 97, Republic Act No. 7722, Presidential Decree Nos. 474 and 223, 
Republic Act No. 5173 and Presidential Decree No. 601, Executive Order Nos. 
396, 546, 797, 125, 125-A and 126, and Letter of Instruction No. 538 and 1404 
and all laws, ordinances, rules, regulations, and other issuances or parts thereof 
which are inconsistent with this Act, are hereby modified, amended or repealed 
accordingly . 
SEC. 14. Separability Clause. - If for any reason any section or provision 
of this Act is declared unconstitutional or invalid the other sections or provisions 
thereof, shall not be affected thereby. 
SEC. 
15. Effectivity. - This Act shall take effect upon its complete 
publication in at least two (2) national newspapers of general circulation. 
Approved , 
9