THE Magna Carta of Filipino Seafarers has made significant progress since President Ferdinand Marcos, Jr. certified the bill as urgent.

In a letter to Senate President Juan Miguel Zubiri on September 25, Marcos underscored the need for the immediate passage of Senate Bill No. 2221 in order for the Philippines to comply with the international standards and relevant conventions. 

Senator Rafael “Raffy” Tulfo and Kabayan Party List Representative Ron Salo who serve as chairs of the Committee on Migrant Workers in both chambers, spearheaded the passage of the proposed bill. On September 27, the Senate approved the bill on third and final reading with 14 affirmative votes, 0 negative votes and 0 abstentions.

After amendments, a clean copy of the SB 2221 is now composed of 95 pages with 21 authors, compared to the 48 pages it was originally filed by the Committees on Migrant Workers, Foreign Relations, and Finance with 15 authors on May 22. 

Senator Tulfo, principal sponsor and one of the authors of Senate Bill 2221 stated “I am equally thankful to the seafarers and their union, including the Associated Marine Officers’ and Seamen’s Union of the Philippines. This bill is an early Christmas gift to all seafarers.” 

The 19th Congress’s Lower House earlier passed 22-page HB No. 7325, “Magna Carta of Filipino Seafarers” by a vote of 304 to 4 on March 6. 

Moving forward, the two chambers will hold a Bicameral Conference Committee session to reconcile conflicting provisions in both versions of the Senate and of the House of Representatives.

The reconciled version of the bill, duly approved by both chambers will be submitted to Malacañang. The President either signs it into law, or vetoes and sends it back to the Senate with a veto message. 

The Magna Carta of Filipino Seafarers was included in the first Legislative Executive Development Advisory Council (LEDAC) meeting on October 10, 2022 and its second meeting on July 4, 2023, when a total of 20 legislative measures were approved for legislative approval before the year ends.

Associated Marine Officers’ and Seamen’s Union of the Philippines (AMOSUP) President Conrado Oca expressed confidence that “The Magna Carta once enacted into law will also enhance the stability of employment of Filipino seafarers.” 

Dispute 

One significant point of contention between the versions introduced in the Lower House and the Senate is the provision of the bill that aims to crack down on ambulance chasers who prey on seafarers and discourage shipowners from hiring Filipino seafarers. 

The Senate’s version removed the “escrow” provision from House Bill No. 7325, which holds any monetary award to the seafarer in escrow while the case is under judicial review. 

Nevertheless, claims for salaries, statutory monetary benefits, or those originally determined by the employer or manning agency to be legally due to the seafarer shall not be included in the amount held in escrow. Cong. Ron Salo emphasized “The escrow provision is included in the Magna Carta precisely to protect seafarers and their families.” 

“As the provision is crafted, all salaries, benefits, and other entitlements legally due to the seafarer will be immediately released to the seafarers upon determination by the labor arbiter or the NLRC. 

What is to be placed in the escrow are only those contested amounts or discretionary awards such as awards of moral or exemplary damages.” 

Salo emphasized, “This provision is designed to protect the seafarers from becoming prey to ambulance chasers who take advantage of their unfortunate situation and jack up the amounts being sought with the intention of profiting from the amount awarded to the seafarers.”

Meanwhile. in lieu of eliminating the escrow provision from the House version, the clean copy version of SB 2221 incorporated a provision mandating the involvement of a third doctor, chosen from a pool of DOH-accredited medical specialists, to ascertain the ultimate disability grading of the seafarer. “This procedure shall be obligatory prior to initiating any dispute settlement, arbitration proceedings, or legal action concerning the disability grading of the seafarer’s injury or illness.” 

A government official and a union officer claimed that by adopting this approach, the issue of ambulance chasing can be effectively addressed at its source. 

Accordingly, the particular section states that ‘the DMW and DOH shall develop joint guidelines for the implementation of this section, including the selection, training, maintenance, and review of the pool of accredited third doctors.” 

Furthermore, SB 2221 Section 55 reinforces the existing Republic Act No. 10706, An Act Protecting Seafarers Against Ambulance Chasing and Imposition of Excessive Fees, otherwise known as the “Seafarers Protection Act.” 

The particular clause states, “non-lawyers may not act as legal representatives of seafarers or appear on their behalf at any stage or in any proceedings before labor tribunals including the NLRC, Labor Arbiter, conciliation and mediation in the NCMB or voluntary arbitration, DMW and other quasi-judicial bodies unless they represent themselves or they represent their organization or members thereof. 

Any stipulation on fees shall not exceed ten percent (10%) of the compensation or benefit which may be received by or awarded to the seafarer or to his successors in-interest pursuant to. 

Any contract, agreement or arrangement of any sort to the contrary shall be null and void.” 

Common 

On the other hand, both chambers subscribed that “The Public Attorney’s Office (PAO) shall render, free of charge, legal representation, assistance, and counseling to seafarers or their families in criminal, civil, labor, administrative and other quasi-judicial cases. 

The PAO may issue appropriate guidelines to ensure effective legal representation to seafarers. 

Additionally, SB 2221 states that the PAO shall, in coordination with OWWA, appoint at least one public attorney who shall be posted in the seafarer welfare centers established by OWWA in major crew-change ports, specifically in Metro Manila, Pangasinan, Bulacan, Cavite, Batangas, Iloilo, Cebu, Cagayan de Oro City, Davao City and other areas to be determined by OWWA which have higher concentration of seafarers. 

Seafarers responsibilities 

Both Senate and House versions delineates the obligations of seafarers as follows: 

(a) To faithfully comply with and observe the terms and conditions of one’s employment contract; 

(b) To abide by lawful and reasonable company personnel policies and procedures and the Code of Ethics for seafarers; 

(c) To follow and observe the chain of command on board the ship or while ashore, without prejudice to one’s religious freedom; 

(d) To be diligent in performing one’s duties relating to the ship, its stores, equipment, and cargo, whether on board, in transit, or ashore; 

(e) To continually improve one’s professional competency by keeping up-to-date with the latest technological and scientific developments applied in various maritime fields, continuous education, and keen observation of shipboard activities at the expense of the shipowner; 

(f) To conduct oneself in an orderly and respectful manner towards shipmates, passengers, shippers, stevedores, port authorities, and other persons who have official business with the ship at all times; 

(g) To conduct oneself in accordance with moral, ethical and social norms; 

(h) To be responsible for one’s health while on board by maintaining a healthy lifestyle, taking proper medications, and complying with prescribed medical policies; and 

(i) To perform one’s duties in a responsible and sustainable manner should one engage in various economic activities related to oceans, seas and coasts. 

Coverage 

SB 2221 Magna Carta of Seafarers, applies to all Filipinos, including cadets, who is engaged, employed, or working in any capacity on board a commercial ship plying international waters, whether Philippine-registered or foreign-registered; and onboard a domestic ship engaged in trade and commerce between Philippine ports and within Philippine territorial or internal waters. 

“For purposes of this Act, a seafarer is deemed ‘engaged’ as such if the seafarer has signed a valid employment contract but has yet to leave the point of hire or place indicated in the contract of employment, and which shall be the basis in determining the commencement of the contract.” 

“Cadets are deemed to be engaged upon the execution of a valid shipboard training agreement. The specific provisions of the measure that pertain to cadets are referenced in Chapter XVIII, which underscores that “In no case shall cadets perform activities outside of the scope of the cadet shipboard training program.” 

The bill also contains rules that apply only to Filipino domestic seafarers. Final provisions of the bill state, “The DMW shall ensure that the relevant provisions of this Act are applied to seafarers on board foreign registered commercial fishing vessels or vessels fishing in distant waters, those serving as cruise ship personnel or as yacht crew, those stationed on mobile offshore and drilling units in the high seas, and other persons similarly situated.” 

NMP 

Another government agency is included in the recently amended Senate version of proposed bill, the National Maritime Polytechnic (NMP) which shall: 

(1) provide skills enhancement trainings mandated and recommended by international maritime conventions and other capability building interventions that measure up to quality standards and respond to the needs of seafarers; and 

(2) conduct strategic studies and research in support of the decent employment, protection of rights, and promotion of the welfare of seafarers, including the empowerment of women seafarers, among others. 

The NMP shall also develop and maintain a resource center for Filipino seafarers, which will include a database of seafarers and related statistics and information to aid in evidence-based policy making and program development, as well as real-time updated information on issues affecting their employment and helpline support.

During pandemic 

The Magna Carta of Filipino Seafarers also answers critical issues on cases of pandemic such as COVID 19 which states that “In cases of epidemic or pandemic as declared by the WHO, the shipowner or manning agency shall be responsible for the expenses of medical care and board and lodging for periods spent by seafarers in self-isolation or quarantine, whether or not the seafarers have symptoms, have been exposed or are quarantined as a safety precaution for the community, until the seafarers have been duly repatriated to the point of hire.” 

Upon arrival at the point of hire, up to the seafarer’s return to the place of domicile, the Philippine government shall bear the cost of medical care and quarantine expenses, following the whole-of-government approach in the management of epidemics and pandemic. 

Greenlane 

In accordance with Chapter XVIII of the bill, “When the circumstances warrant, the DMW, DOH, Department of Foreign Affairs (DFA), DOLE, Department of Justice (DOJ), Department of the Interior and Local Government (DILG), Department of Transportation (DOTr), and other relevant agencies shall activate a green lane.” 

It must be recalled that in July 2020, the Philippines became the first country in Asia to establish so-called “green lanes”, allowing the free movement of seafarers and personnel across borders, safe and swift disembarkation, and crew change during the COVID-19 pandemic. 

The Philippines has become a major crew change hub, which has served hundreds of thousands of Filipino and foreign seafarers and thousands of ships. 

Reintegration 

Another notable provision of the Magna Carta of Filipino Seafarers is the Reintegration clause which emphasizes the Section 19 of Republic Act No. 11641 which states that “there shall be developed and implemented a full-cycle and comprehensive national reintegration program for seafarers, which shall be embedded in all stages of migration for work beginning from pre-deployment, on-site during employment, and upon return, whether voluntary or involuntary.” 

“The reintegration program shall cover the different dimensions of support needed by seafarers, such as economic, social, psychosocial, and cultural, including skills certification and recognition of equivalency for effective employment services, and shall ensure contribution of skilled or professional seafarers to national development through investments and transfer of technology.” 

Beyond MLC 

Substantial legislation introduced by different legislators in both the current and previous Congresses is taken into account and integrated into the proposed SB 2221, certified by the President for its immediate enactment into law. 

The proposed measure highlights and reinforces certain elements of existing domestic and international laws. Today, the proposed Magna Carta of Filipino Seafarers is more than just a legal framework for the country’s compliance to the Maritime Labor Convention (MLC).

Furthermore, it is endeavoring to address the industry issues and challenges with the ultimate aim to protect the rights and jobs of the Filipino seafarers.