President Ferdinand Marcos, Jr. is on top of the latest developments on the Magna Carta of Filipino Seafarers and is most likely to sign the bill into law soon after it was ratified anew by the Senate and House of Representatives.

He keeps his ear to the ground, sensing the challenges and intricacies of the maritime industry. The measure is a significant milestone. Its passage is long overdue; but given the industry's complexity, it will not be an easy piece of legislation.

The President certified the bill as urgent on September 25, 2023. But disagreements among stakeholders, regulators, and lawmakers derailed its passage. 

For the third time, both chambers approved and ratified the consolidated bill after discussing the disagreeing provisions of Senate Bill No. 2221 and House Bill No. 7325 on July 31, 2024.

Senate Minority Leader Aquilino “Koko” Pimentel III described the bill’s legislative path “unusual, interesting and strange,” because it took three bicameral conference committee meetings to harmonize all of the disagreeing provisions in both versions of the Senate and of the House of Representatives.

Senate President Francis “Chiz” Escudero stated that “mechanisms have been put in place for an increased role of the PLLO in so far as making known the positions not only of the executive department but of the Palace itself.”

The Presidential Legislative Liaison Office (PLLO) is an agency under the Office of the President tasked to officially orchestrate the formulation and the shepherding of the President’s Legislative Agenda, as well as all other Executive Department concerns related to the legislature.

First bicam.

Senator Raffy Tulfo, the primary sponsor of the Magna Carta of Filipino Seafarers, confirmed that the first enrolled bill, resulting from the first bicameral conference committee meeting on December 13, 2023, was not signed by the President on February 26, 2024 due to the appeal from the domestic sector. 

The Philippine Coastwise Shipping Association (PCSA) issued an Open Letter to the President on February 23, two days prior to the bill’s scheduled enactment, urging the President to veto the measure and threatening that it would “destroy the domestic shipping industry and ultimately the seafaring industry.” 
 

PCSA is the country’s largest shipping association of Filipino shipowners who operate short and medium-haul routes with 50 member-companies operating over 800 ships.

The group identified nine sections of the Magna Carta that they believe are “overboard and oppressive, and unnecessarily burden the domestic maritime industry.”
 

The domestic sector's concerns were satisfactorily addressed by the second bicameral conference committee on May 20, 2024, by explicitly defining which provisions pertain to domestic or overseas Filipino seafarers.

At the Marino World webinar, “The Magna Carta of Filipino Seafarers: Chartering the Future,” held on June 25, Day of the Seafarer, PCSA Administrator Edgar Nicolas, confirmed, “We in PCSA are happy with the final version of the bill and we fully support our friend Cong. Salo having allowed us to be heard. He really went out of our way to ensure the domestic concerns are addressed and included in the final version.”

He continued, “We firmly believe that we now have a more workable document to go on and make Filipino seafarers remain competitive and able to sustain their current standing in the global maritime industry.”

Second bicam.

The “Execution of Judgment and Monetary Awards” provision of the Magna Carta of Filipino Seafarers was identified as section 57 in the first bicameral committee report and subsequently became section 59 in the draft second bicameral committee report.

However, this provision was deleted during the hybrid deliberation on the second bicameral conference committee meeting on May 20, 2024, chaired by Senator Tulfo and Tingog Party List Representative Jude Acidre, who replaced Kabayan Party List Cong. Ron Salo as Chairman of the House Committee on Migrant Workers on May 11.
 

Senate Deputy Minority Leader Risa Hontiveros pushed for the removal of the bond provision, stating that “the bond is not equitable and not fair to seafarers because in the Labor Code, the posting of bond is imposed only on the employer’s side and that the Commission's decision and entry of judgment are final, as provided by Section 14 of the 2011 NLRC rules of procedure.”
 

Hontiveros also identified several groups that she claimed had expressed their opposition to the inclusion of bond clause. However, none of these associations is recognized or has Collective Bargaining Agreement (CBA) with foreign employers who hire Filipino seafarers.

Among the organizations she mentioned were Center for Migrant Advocacy Philippines, Seafarers Empowerment Advocates Network, National Seafarers Day Committee, Alliance of Seafarers in Need, Migrante International, Migrante Philippines, Concerned Seafarers of the Philippines, Association of Marine Officers and Ratings, Seafarers Wives Association of Visayas and Federation of Free Workers.

Job security.

At the second bicam meeting, Atty Jesus Sale, VP for Internal Affairs of the Associated Marine Officers’ and Seamen’s Union of the Philippines (AMOSUP) explained the union’s position of supporting the inclusion of the bond provision. 

AMOSUP has over 100,000 members and CBAs with more than 6,000 vessels under various flags.

Sale stated, “Probably we view it more from the point of view that we want to ensure the continued stability of employment of our members. If this bond provision will satisfy the requirements of our employers, then I think it would be worth it.” 
 

“We progressed in such a way, as an industry that seafarers can be considered sui generis class in itself. Our working conditions are different, our working arrangements are different and we probably deserve to be treated differently,” he added.

Likewise, at the Marino World webinar. Mr. Helio Vicente, Director of Employment Affairs of the International Chamber of Shipping (ICS), explained that “shipping is a unique industry in many ways in being the only industrial sector to have such a comprehensive global regime in place that sets out mandatory standards for the employment of the world’s nearly two million merchant seafarers, alongside recommendations and so on and the Philippines as we know plays a huge and significant role in that.”
 

Captain Andrew John Malpass, President of Pandiman Philippines, stated in his meetings with the shipowners in Oslo in May that “The shipowners are extremely disappointed and looking to take more crew from India, Ghana, even South America if the Philippines does not address Ambulance Chasing.”
 

In May 28, Capt. Belal Ahmed, Chairman of the International Maritime Employers Council (IMEC) and ICS Secretary General Guy Platten signed a joint letter to President Marcos in which they stated, “it is crucial to retain Section 59 in the final version of the Magna Carta, so that maritime employers can continue investing in the Filipino seafaring workforce with certainty and confidence.”

IMEC and ICS are two of the world’s largest organizations of seafarer employers. IMEC represents more than 260 maritime employers in 50 countries while ICS is practically present in 40 nations, representing the world's national shipowner associations and over 80% of the global merchant fleet.

The International Group of Protection and Indemnity Clubs (IG) reported a total of USD 52.6M quantifiable damage from ambulance chasing or unrecovered amount due back to shipowners by way of garnishment and restitution of legal cases of Filipino seafarers as of September 2023.

“Regrettably, those seafarers that genuinely deserve lawful disability benefits are also not receiving them, as the greater portion is retained by the ambulance chasers,” the letter said.

The statistics showed that the "Final and Executory" nature of the NLRC and NCMB decisions has resulted to claims being awarded and paid immediately at the NLRC and NCMB level. But when reversed on appeal due to a more stringent review of the case, it is practically impossible to recover the amount."

Third bicam.

Senator Tulfo, in his opening statement at the Senate session on July 31, 2024, reported that the May 22 bicameral conference report is withdrawn.
 

Consequently, he said, on July 29, “the Senate and House panels conferred to reconsider and further discussed the proposed measure to come up with the best version possible that will fully protect and promote the welfare of Filipino Seafarers.”

Tulfo stated that they included section 59 “to balance the interest of both seafarers and employers to ensure the continued employability of our Filipino seafarers” by providing more favorable and reasonable legal environment for employers and shipowners and to finally address the pressing problem on ambulance chasing.

Senate President Escudero reconfirmed that “the third bicam was initiated due to the removal of the "bond" provision from the second bicam.”
 

“That was when the concern was brought out again because in the first one it (the bond provision) was not brought up because it was there. On the second when it was returned, it all of a sudden disappeared, that’s the reason for the third,” Escudero said.

Apolitical.

In a separate interview, Ms. Doris Magsaysay-Ho, President and CEO of the Magsaysay Group of Companies, a prominent maritime leader, emphasized, “We need everybody to understand, this is not political. This is purely making sure that the Philippines, the Filipino seafarers is a seafarer of choice.  Gotta rid of all those things that tried to kill it.”

She clarified, “the shipowners’ goal is not to be unfair. The goal is to save, to make sure Filipinos jobs are safe.”

“I think it's so important that senators and congressmen understand we are trying to protect the reputation of the Filipino as a really greatest seafarer of choice. And ambulance chasing is just killing us,” Magsaysay-Ho continued.
 

She also warned that “the shipowners are now looking at other source of seafarers like Africa, which we have to avoid because if they will look elsewhere, it will be hard for us to bring them back.”

In an earlier statement, the Presidential Communications Office (PCO), stated, “The administration is very well aware of the plight and condition of our Filipino seafarers who are preyed on and taken advantage of by unscrupulous individuals for the sake of making a buck.

With this in mind, the administration assures the public at large that the entire government system will be working to address and stop these horrific practices that erode the credibility and competence of the seafaring industry in the country.” 

The Bond.

Finally, the Magna Carta of Filipino Seafarers' third or most recent version included the proposed section 59, entitled Execution of Judgment and Monetary Awards, which is the "bond" provision that was jointly agreed upon by employers and labor groups to address the prevalent concern of ambulance chasing.

The provision reads:

The DOLE, NLRC and NCMB, in consultation with the Maritime Industry Tripartite Council (MITC)

of the DMW, shall promulgate the necessary rules and procedures to ensure the fair,

speedy, equitable and just disposition and execution of decisions granting monetary awards for the salaries, wages, statutory benefits, and the death and disability claims of seafarers.

Such rules and procedures shall institute mechanisms for the prevention of ambulance chasing and the motu proprio prosecution or disbarment of ambulance chasers, as provided under RA 10706, the Labor Code of the Philippines, as amended, and under applicable rules and professional codes of conduct.

To ensure the full and timely restitution of the monetary award, the following mechanisms are instituted, without prejudice to such rules as the Supreme Court may issue or promulgate.

The decision granting a monetary award in a voluntary or mandatory arbitration, or by the NLRC, must state the specific amounts for the payment of the following:

(a) Any salary or wage;

(b) Any statutory monetary and welfare benefits;

(c) Any undisputed amount, which is admitted by a party to be legally due to

the other party;

(d) Any disputed amount determined to be legally due the seafarer; and

(e) Damages, including moral damages, exemplary damages, nominal damages, attorney's fees, and other similar awards.
 

The portion of the decision awarding items (a), (b) or (c) above shall be immediately executory even pending appeal or judicial review.
 

Pending an appeal or judicial review, a writ of execution on items (d) and/or (e) shall only be issued if the judgment obligee posts a sufficient bond to ensure the full restitution of those amounts and the bond shall be maintained by the obligee until final resolution of the appeal or judicial review: Provided, That in the event the seafarer ultimately prevails on appeal or judicial review, the losing party shall immediately reimburse the total amount paid by the seafarer for the cost of the bond. However, if the seafarer loses, no such reimbursement shall be made.

Latest insertion.

Cong. Acidre expressed reservation on the last paragraph inserted in Section 59 of the second bicam report, which reads, “The DMW, through the AGARANG KALINGA AT SAKLOLO PARA SA MGA OFW NA NANGANGAILANGAN (AKSYON Fund), may provide financial assistance to the

seafarer depending on the final determination of maritime disability grading under

Section 57 of this Act for the payment of premiums of the bond either in full or in

part. Pertinent guidelines for assistance in the payment of premiums, including the availment process, amount, or length of validity shall be issued by DMW, after consultation with stakeholders, including the DOLE, NLRC, Seafarers union, manning agencies, shipowners or their representatives.”

He said, “Since the action fund is a public fund, this may not be used for private purposes such as the payment of the premium of the bond for the seafarers in case he wants to get the judgment award.”

Instead, this may be remedied by the creation of a specific special fund, special legal assistance fund to be established for the purpose contemplated under this bill,” Acidre explained.

On the July 31 senate session, Senator Joel Villanueva also cautioned the implementers to discuss thoroughly the use of fund for the premium bond in the Implementing Rules and Regulations (IRR), as this “will invite cases to implementing agencies.”

Senator Escudero responded quickly, stating that they “will introduce amendments to the proposed budget of 2025 in order not to touch the fund of Department of Migrant Workers (DMW) that is supposedly available for the entire sector and not only for seafarers.”

Villanueva voted in favor of the ratification of the third bicam committee report, despite his reservation. Among the other senators, only Pimentel and Hontiveros voted against the measure, resulting in its official ratification.

“Still, I feel that this (bill) is needed. I think this is still better that status quo so with a heavy heart I’m voting for the ratification,” Villanueva stated.

Numbers.

Filipino merchant marine officers and ratings account for 12% and 16% of global maritime supply, respectively. 

Capt Belal said, “these are seafarers who are basically employed on cargo ships, including container, bulk carrier, tanker, LPG and survey vessels. They are certified under IMO legislation and with Philippine government certification. These excludes those in the cruise vessels who are in the entertainment or hotel industry.

248,534 of the 578,626 Filipino seafarers who were deployed in 2023 are classified as non-marine majors, which accounts for 26% of the total deployment.

Latest statistics show, there was a decrease in the deployment of all types of vessels during the first quarter of 2024.

Remittances from Filipino seafarers account for 21% of the total annual dollar remittances of OFWs, with an average contribution of US$6.5 billion per year.

Landmark.

A new section was created and adopted in the bill’s most recent version.  Section 3 stipulates that “This Magna Carta of Filipino Seafarers shall have the following objectives:

1. codify the rights and obligations of Filipino seafarers, both overseas and domestic, as contained in the MLC 2006, as amended, the STCW Convention, pertinent conventions and international agreements which the Philippines has signed and ratified, and pertinent Philippine laws, rules, regulations, and jurisprudence;
2. Implement the MLC 2006, as amended and the STCW Convention for overseas seafarers, and identify the extent of their application to Filipino domestic seafarers;
3. Institute comprehensive measures that will enhance the education, cadetship, training, and practice of Filipino seafarers to upgrade their qualifications and ensure their competency, competitiveness, and world-class quality;
4. Align and institutionalize existing policies and rules of the Commission on Higher Education (CHED) on the education of maritime students and training of cadets, Maritime Industry Authority (MARINA) on the qualifications and safety of domestic of both domestic and overseas seafarers, Department of Labor and Employment (DOLE) on labor standards and protection of domestic seafarers, and Department of Migrant Workers (DMW) on labor standards and protection of overseas seafarers;
5. Afford greater protection to seafarers from nefarious practices that threaten their livelihood and compromise their well-being;
6. Promote the safety of the general public who depend on the skills and competencies of Filipino seafarers; and
7. Identify the roles of various government agencies and key stakeholders in achieving the objectives and ensuring the effective implementation of this Act.”

At the Marino World webinar, Atty. Noli Partido, the Head of the Legal Department at AMOSUP, referred to the Magna Carta of Filipino Seafarers as "the bible of the rights of the Filipino seafarers."

Partido elucidated that the codified literature of the rights of seafarers outlines the parameters for the regulation of their employment and underscores the importance of the entire structure of the Philippine maritime labor industry. 

“The passage of this proposed bill could be a testament of the maritime labor industry’s commitment to the global maritime or shipping industry of providing competent, qualified, effective and efficient seafarers.

The passage of this bill has long been waited. But AMOSUP for its part, submits, subscribes, and respects the wisdom of both houses of Congress, in the development of this final and last version of the Magna Carta. 

Of course, we hope and pray that when submitted to our beloved President, His Excellency Ferdinand Bongbong Marcos, it would soon be acted and signed into law.” 

In the midst of the rising geopolitical tensions, the Associated Marine Officers’ and Seamen’s Union of the Philippines (AMOSUP), has renewed its’ call for the protection of seafarers, “who are key essential workers keeping the unhampered flow of the global supply chain.”

AMOSUP, with over 100,000 members, is the world’s largest seafarers affiliate of the influential International Transport Workers Federation (ITF), a global federation representing 18.5 million transport workers from 740 unions in 150 countries.
 

“We call on all the maritime stakeholders and concerned United Nations organizations and government agencies to work together with the end in mind of providing not only immediate assistance to the surviving families, but also taking necessary measures to ensure the safety and security of our seafarers working onboard ships in the warlike and high-risk areas of international waters,” AMOSUP said in a press statement.

AMOSUP also supported ITF Secretary General Stephen Cotton’s call on shipowners and employers to avoid the area of the Red Sea and Gulf of Aden, and to divert their vessels, regardless of the flag State, around the Cape of Good Hope until safe transit through the Red Sea can be guaranteed.

“No delivery window is worth the loss of seafarers lives,” Cotton underscored.

Collateral damage.

Two Filipinos and 1 Vietnamese were killed in the Houthi rebels’ attack in M/V True Confidence while transiting the Gulf of Aden on March 6, 2024. 

Two of the four severely injured seafarers were also Filipinos. They arrived in the Philippines on March 14 via medical evacuation flight after cleared "fit for travel" by medical authorities in Djibouti.

The remains of the two Filipino crew members were returned to the Philippines and received by their families on July 2.
 

The M/V True Confidence is a Barbados-flagged, Liberian-owned bulk carrier with 20 crew members, including 15 Filipinos, one Indian, and four Vietnamese nationals. At the time of the incident, there were three armed guards from Sri Lanka and Nepal.

AMOSUP condemned the “senseless attack,” and stated that “the dastardly act of treating our seafarers as mere collateral damage of the unjustified war between and among contending countries is both appalling and heartbreaking.”

The global seafaring community grieves for their loss. We will always remember their heroism and sacrifices.”

Detained.

AMOSUP, together with its’ social partners in the International Bargaining Forum (IBF) Warlike Operations Area Committee (WOAC), has urged all governments that have an interest in international shipping to make every effort to secure the immediate release of the seafarers held hostage by the Houthi rebels and the Islamic Revolution Guards Corps (IRGC).

WOAC provides a forum for shipping companies and seafarer unions to assess threat levels and monitor 'warlike activities' to determine whether war risk service clauses in collective agreements should be invoked.

The social partners urged the international community to collaborate with local governments in the area to support international shipping and “ensure the safety of seafarers so that vessels can transit free from threat and aggression, as is their right under international law.”

The Bahamas flagged car carrier MV Galaxy Leader was boarded at sea by Iranian-backed Houthi rebels on November 19, 2023 as it transited the Red Sea and was en route to the Houthi-controlled port of Hodeidah in northern Yemen. The vessel's crew consists of 17 Filipinos, two Bulgarians, three Ukrainians, two Mexicans and one Romanian.

MV Galaxy is operated by Japan's transport company Nippon Yusen, also known as NYK Line and owned by Galaxy Maritime Ltd., owned by Ray Car Carriers, a company co-owned by Israeli businessman Abraham Ungar. 

On April 13, 2024, the Portuguese-flagged container vessel MSC Aries was seized by Iranian authorities in the Strait of Hormuz. Four of the 25 crew members are Filipino; others are Pakistanis, Indians, Estonians and Russians. 
 

One of the four Filipino crewmembers was released in May, and the other three in July.

The Mediterranean Shipping Company (MSC) charters the MSC Aries from Gortal Shipping, an affiliate of Zodiac Maritime, which is partly owned by Israeli billionaire Eyal Ofer.

At the Marino World webinar, “The Magna Carta of Filipino Seafarers: Chartering the Future,” held on June 25, Day of the Seafarer, Mr. Helio Vicente, Director of Employment Affairs of the International Chamber of Shipping (ICS), repeatedly called on to reflect on those seafarers that are still being held captive: 25 crew members of the Galaxy Leader and 17 out of 25 crewmembers of the MSC Aries.

“Today, we take the day to remember these unsung heroes of global trade. We must spare a thought for these phenomenal people working onboard and sometimes the danger that they are exposed to. They are not forgotten. We remember all of them and let’s bring them home,” Helio stated.

Magna Carta.

“The tragic event underscores the importance of safeguarding the rights and welfare of our Filipino seafarers braving the high seas,” said AMOSUP President Conrad Oca.

AMOSUP’s official statement urged the Philippine authorities to immediately pass into law the long-awaited Magna Carta of Filipino Seafarers “which provide ample protection and assistance to all seafarers” by ensuring that shipowners or manning agencies do not abandon them, such as in the event of an incident in dangerous waters.

The enactment of the Magna Carta of Filipino Seafarers was derailed due to opposition from some stakeholders to certain provisions. 
 

Oca expressed his confidence in the wisdom of the President and his advisers, who “might have seen some clauses that need to be modified,” but hoped that after the fine-tuning, the President would finally sign the measure into law to “defend the rights, promote safety and welfare, and ensure the retention and stability of work for all Filipino seafarers.”
 

Seafarers from the MV Galaxy Leader and True Confidence are non-members of AMOSUP. However, AMOSUP called for immediate repatriation of the remains of the deceased seafarers, financial compensation in accordance with the agreement of the International Bargaining Forum (IBF) for those injured in the attack, and mental health services for the affected seafarers.
 

AMOSUP expressed deepest sympathies to the bereaved families of the seafarers and, in solidarity, offered free legal assistance to ensure that the rights of the crew are protected and that the shipowner or manning agency fulfills their entitlements.

In an interview on the Marino World YouTube Channel, Migrant Workers Secretary Hans Leo Cacdac backed the AMOSUP position, stating that the Magna Carta will intensify and strengthen the protection for the seafarers, because laws are more powerful than Department Orders.

Cacdac assured the families of the affected seafarers of “fullest government support and assistance, and have been handholding the families all throughout the process since day one, as directed by the President.”

FOC.

The current incidents, according to ITF Maritime Coordinator Jacqueline Smith, illustrate “how vulnerable seafarers can be due to unsafe waterways, but also due to the lack of global regulation on the shipping industry.”

Smith is referring to the Flag of Convenience (FOC) system, which “allows ship owners select flag states they know will take little or no interest in enforcing labor protection standards.”

She said, “The reason why so many different jurisdictions are involved in a single vessel is because the current rules allow shipping companies and operators to register in different countries and hire crew of any nationality.” 

Smith continued, “What we are seeing play out on the Red Sea exposes how the flags of convenience system can even mean seafarers risk their lives by sailing through unsafe areas – without the power to push back.”

IBF List.

In response to the attacks on commercial ships, the IBF Warlike Operations Area Committee (WOAC) expanded the High-Risk Area to include the Gulf of Aden and surrounding waters.
 

“Regardless of what is agreed between the social partners, the safety and security of seafarers is a global responsibility that requires global solutions,” WOAC statement said.

DMW Secretary Cacdac issued Department Order 01, providing guidelines on the strict observance of the prevailing ITF/IBF and War-Like Zone Designations.

LMAs and their accredited principals/employers shall ensure the strict and faithful observance of the prevailing ITF/IBF High-Risk and War-Like Zone Designations through the following measures:

• Provide the mandated additional compensation and security measures for Filipino seafarers who have agreed to continue with the voyage or refuse to join the ship in its scheduled passage in said areas/zones.
• Report the scheduled passage of ships and those Filipino seafarers on-board in the said areas/zones as a significant event in the OFW Welfare Monitoring System (OWMS) upon their deployment or knowledge of such scheduled passage. Failure to report such significant event in timely manner will result to the imposition of sanctions in accordance with prevailing policies, rules and regulations.
• Consider the provision of additional compensation/bonuses and security measures such as maritime security escorts and/or security personnel on-board on top of those mandated.
• Consider to divert the voyages of ships to avoid Red Sea, the Gulf of Aden, and surrounding areas/waters.

As of April 19, 2024, the IBF Warlike Operations Area include:  

• 12 nautical miles off the mainland Yemeni Coast, including all ports and excluding the Maritime Security Transit Corridor (MSTC) in its entirety;
• Southern Section of the Red Sea and the Gulf of Aden, boundary commencing from the Yemeni coast border, stretching across to the Eritrea coast. Area encompassing the Bab El Mandeb Strait including the Maritime Security Transit Corridor (MSTC) in its entirety and the Gulf of Aden;
• Sea of Azov and the Strait of Kerch, north of latitude 45° 03’ 00’N;
• Northern Black Sea Region; and
• All ports in Ukraine

Seafarers are eligible for the following benefits:

• Bonus equal to basic wage, payable for 5 days minimum + per day if longer;
• Doubled compensation for death and disability;
• Right to refuse sailing, with repatriation at company’s cost and compensation equal to 2

month’s basic wage; and

• Mandatory requirement to increase security arrangements equivalent to ISPS Level 3

The IBF High Risk Area covers the Black Sea.

Seafarers are eligible for the following benefits:

• Bonus equal to basic wage, payable for the actual duration of stay/transit;
• Doubled compensation for death and disability;
• Right to refuse sailing, with repatriation at company’s cost and compensation equal to 2 month’s basic wage; and
• Recommended to increase security arrangements equivalent to ISPS Level 3

The two months basic pay compensation shall not be applicable if the seafarer is transferred to another vessel belonging or related to the same owner/manager, on the same rank and wages and all other terms. There shall be no loss of earnings or entitlements during the transfer and the company shall be liable for all costs and subsistence during the transfer.

Moreover, the IBF Extended Risk Zone covers the Gulf of Guinea, from the Liberia/Ivory Coast border to 00°N 005°E, to the Angola/Namibia border.

Benefits applicable to seafarers include the following:

• Bonus equal to basic wage, payable only on the day the vessel is attacked in an act of piracy;
• Doubled compensations for death and disability if they occur on the day the vessel is attacked; and
• Increased BMP level

Prohibition.

DMW’s Department Order 02 prohibits Filipino seafarers on-board passenger/cruise ships to sail in the Red Sea and the Gulf of Aden.

According to the issuance, the following guidelines shall be adopted:

• All LMAs and their respective Filipino seafarers assigned to passenger/cruise ships shall execute an affirmation letter that the ship will not pass through the Gulf of Aden and Red Sea and indicate the itinerary of the vessel every time it documents the employment contract of the crew or prior to their deployment.  
• The affirmation letter shall be uploaded to the DMW Online Processing System for Sea-based (DOPS-Sea) together with the processed one-page covering Standard Employment Contract (SEC). 

Right to refuse.

As of April 21, 2024, DMW had recorded 25 Filipino seafarers who exercised their Rights to Refuse Sailing since the issuance in March.

DMW has directed the LMAs and their accredited principals/employers to ensure the proper implementation of the decision of seafarers to invoke their “Rights to Refuse Sailing” in the identified High-Risk and War-Like Zones by taking the following measures:

• Ensure seafarers are informed on current ITF/IBF declared High-Risk and War-Like Zones before deployment, including necessary Anti-Piracy Awareness Training as per Department policy;
• Provide Filipino seafarers on-board with the means to make informed decisions by informing them of the scheduled passage of the ship to the identified areas/zones and their rights and entitlements should they consent to continue with their voyage;
• Enter the immediate and safe repatriation of seafarers who will invoke their right to refuse sailing in said areas/zones;
• Allow seafarers to refuse without discrimination and prejudice to their present and future employment;
• Provide seafarers with the Confirmation of Refusal to Traverse the Red Sea, or Gulf of Aden, and/or to Other War-Like and High-Risk Zone to formalize their intent not to join the voyage in the said areas/zones;
• Inform seafarers about the DMW's official website, www.dmw.gov.ph, where they can access the Confirmation Form and learn more about their rights and entitlements.
• Ensure seafarers will be able to freely submit the Confirmation Form directly to the DMW through email sbhighrisk@dmw.gov.ph, copy furnished the LMA and the principal/employer;
• Report within 24 hours to the DMW-Seabased Accreditation Bureau through email: sbhighrisk@dmw.gov.ph, the decision of the seafarer to not join the voyage in the said areas/zones, together with the accomplished Confirmation Form and updates relative to their repatriation; and
• LMAs and their accredited principals/employers must provide their seafarers with the DMW's contact information including phone numbers: (02) 8722-11-44; (02) 8722-11-55 and (02) 1348 (One Repatriation Command Center) and email address: sbhighrisk@dmw.gov.ph

Expansion.

Following the MSC Aries incident, the DMW recommended that the IBF WAOC also declare the Strait of Hormuz a High-Risk Area, as it contributing to Iran’s retaliation and escalating the hostilities.

The Strait of Hormuz is a narrow waterway between Iran and the Arabian Peninsula that connects the Persian Gulf to the Indian Ocean.

Experts say that maritime security in the Southern Red Sea, Gulf of Aden, and Northwest Indian Ocean has been rapidly deteriorating. The most likely targets of attacks are ships with ties to US sanctions enforcement, US interests, Israeli citizens involved in some way, such as through vessel ownership, ships transporting oil from Yemen, and other direct involvement in the Yemen conflict.

As of press time, more than 80 commercial vessels were reported endangered as a result of the ongoing assaults in the Red Sea and the Gulf of Aden. 

Yemen's Houthi militia announced an expansion of its ballistic missile attacks to include all Israeli-linked commercial vessels transiting the Mediterranean.

“We will attack all ships heading to or having links with Israel in the Mediterranean Sea as well as in any area within our reach,” Houthi Military Spokesman Yahya Sarea stated in a televised statement. 

The Commission on Appointments (CA), chaired by Senate President Francis “Chiz” Escudero, has confirmed the appointment of Hans Leo Cacdac as secretary of the Department of Migrant Workers (DMW) on Tuesday, August 20.

During the appointments body’s plenary session, the senators cited Cacdac’s extensive experience and knowledge of the labor sector, as well as his advocacy for overseas Filipino workers (OFWs).

After former DMW secretary Susan “Toots” Ople died in August 2023, President Ferdinand Marcos Jr. designated then-undersecretary Cacdac as officer-in-charge in September. 

In May, the President reappointed Cacdac as the ad interim secretary of the DMW, a day after his appointment was bypassed as Congress adjourned sessions sine die.

The Department of Migrant Workers was created by virtue of the DMW Act or the Republic Act (RA) No. 11641, which was signed by President Rodrigo Roa Duterte on December 30, 2021.

The law took effect on February 3, 2022, wherein the DMW was created, established, and constituted. It now assumes and performs all the powers and functions of seven merged agencies, namely: the Philippine Overseas Employment Administration (POEA); the Office of the Undersecretary for Migrant Workers' Affairs (OUMWA) of the DFA; the International Labor Affairs Bureau (ILAB) and all Philippine Overseas Labor Offices (POLO) under DOLE; the National Maritime Polytechnic (NMP); the National Reintegration Center for OFWs (NRC) under the OWWA, and the Office of the Social Welfare Attaché (OSWA) under the DSWD.

The DMW is mandated to facilitate the overseas employment and reintegration of Filipino workers, while taking into consideration the national development programs of the National Economic and Development Authority. It is also tasked to promote the empowerment and protection of OFWs through continuous training and knowledge development.