On 26 November 2015, the President of the Republic of the Philippines signed into law Republic Act No. 10706, otherwise known as the “Seafarers Protection Act”.

The Act’s main goal is to promote the interests and welfare of the Filipino seafarers, protecting them from individuals who actively target seafarers and their families in order to pursue disability or death claims against an employer; and who in turn charge excessive attorney’s fees. From 16 December 2015 the seafarer will not be legally required to pay more than 10% of the total compensation amount received, either by way of amicable settlement or by labor courts’ award.

Analyzation:

In my personal opinion, this act should have been enacted earlier so that by doing so, countless seafarers would have benefited from this. However, we have a saying: “better late than never”. I feel sorry for those seafarers (some of whom are our shipmates) earlier who have had problems and gone through difficulties without the necessary assistance from the government.

We all know that Filipino seafarers are considered as the world’s number one supplier in the maritime industry and it is just right that the government provides protection to them.

There have been so many cases in the past wherein seafarers (especially ratings) were not able to finish their contracts onboard and were force to be sent home though not their own fault. Among them are the following , but not limited to:

• Standing up their ground against abusive officers, Masters and CE
• Delayed home allotments
• Maltreatment onboard
• Sexual harassment
• Racial Discrimination
• Unsafe working environment onboard
• Work related illness /injuries

Some of those seafarers are already in their twilight years and have been waiting over the years for the positive result of their valid cases filed against erring employers.

It is imperative that seafarers and their families are made aware of this new law, and how it is intended to protect their interests. It is encourage that operators and manning agents should inform their Filipino crew about the act and its effects especially during the Pre-departure Orientation Seminar (PDOS).

Additional excerpts:

Under Section 3, it is prohibited for any person “to engage in soliciting, personally or through an agent, from seafarers or other workers, or their heirs, the pursuit of any claim against an employer for the recovery of monetary claim or benefit including legal interest arising from accidents, illness or death, in exchange for a certain amount which shall be retained or deducted from the monetary claim or benefit granted to or awarded to the seafarer or their heirs.“

Furthermore, the act determines, under Section 4, that attorney fees shall not exceed 10% of the compensation or benefit awarded to the seafarer or his heirs.

There is also a provision under Section 5, that any person who violates Section 3 of the Act (Prohibition on Ambulance Chasing) shall be punished by a fine of not less than PHP50,000.00 (approx. USD1,060) but not more than PHP100,000.00 (approx. USD2,120) or by imprisonment of not less than 1 year but not more than 2 years, or both fine and imprisonment. The same penalties shall be imposed upon any person who shall be in collusion in the commission of the prohibited act, as described in Section 3.

The criminal liability is limited only to violation of “ambulance chasing” or solicitation. There is no criminal sanction for violation of Section 4, concerning the cap of attorney’s fees. Seafarers will now be armed with the courage and be brave enough to pursue their valid claims against erring employers – so that justice will eventually prevail.

Lastly, I fervently hope that this act would serve as a warning, if not eradicate “ambulance lawyers” who continue to prey on helpless seafarers by pretending to help them but otherwise have their own wicked motives.

Merry Christmas to all!