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The Supreme Court, despite persistent appeal of seafarers in several cases, has
repeatedly reaffirmed the Millares ruling. For instance, in the case Pentagon
International Shipping, July 27, 2004; and Ravago, March 14, 2005.
Key Statistics
The remittances amount of Filipino seafarers reach up to US$ 5.5 billion as of the year
2014 and contribute significantly to the national economy.
Maritime schools and training centers in the country produce 20,000 graduates each
year, but only a small percentage of these students actually find employment.
Background
According to the International Labour Organization, The Philippines ranks as the top
supplier of seafarers in the world, accounting for nearly 30% of world seafarers working
on foreign flag ships. It also has a large domestic fleet, with nearly as many seafarers
working on Philippines flagged ships.2
Devoting their lives isolated at sea, living in cramped quarters and at the mercy of the
weather, seafarers face extremely challenging conditions. Studies show that ships
remain one of the most dangerous places to work, with casualty figures significantly
higher for seafarers than for other occupational groups.
11 Decent Work for Seafarers, International Labour Organization, November 2014, accessed November
3, 2015, http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilomanila/documents/publication/wcms_173266.pdf.
2 Philippines Ratification Marks Global Milestone for Decent Work for Seafarers, International Labour
Organization, August 20 , 2012, accessedNovember 4, 2015,
http://www.ilo.org/global/standards/maritime-labour-convention/WCMS_187712/lang--en/index.htm.
There have been many cases filed on injuries, disabilities, or death due to exposure to
health and safety hazards. Global nature of seafarers employment made it difficult to
enforce appropriate laws that protect their rights. The nature of their work and lack of
enforcement make them vulnerable to abuse, exploitation, and unfair labour practices.
such bill however was not enacted into law. Senate Bill No. 21 was then
sponsored by Senator Jinggoy Ejercito Estrada during the sixteenth (16 th) congress
consolidating all the pending bills relating to the Magna Carta of Filipino Seafarers. The
Bill sought to institute a mechanism for the enforcement and protection of the rights and
welfare of Filipino seafarers, provide for compulsory benefits and implement standards
set by the MLC, 2006. Said Bill, however, was not yet passed into law as of this date.
On May 28, 2012, President S. Aquino III signed the ratification of the MLC, 2006
making the Philippines the 30th ratifying country. Thus, to show the countrys
commitment to conform with the standards set forth in the said convention, the
Department of Labor and Employment (DOLE), as the main implementing and enforcing
agency, issued its interpretation through a series of Department Orders (DO),
particularly DO 129-13 and DO 130-13. Department Order 129-13 was issued to
provide rules and regulations on maritime labor standards which will protect the welfare
of seafarers employed on board ships engaged in domestic shipping. Department
Order 130-13, on the other hand, was issued to provide rules and regulations to govern
ships engaged in international voyages where employer-employee relationship or other
forms of engagement exists.
Domestic shipping shall refer to transport of passenger or cargo, or both by ships duly
registered and licensed under Philippine law to engage in trade and commerce between
Philippine ports and within Philippine territorial or internal waters, for hire or
compensation, with general or limited clientele, whether permanent, occasional, or
incidental, with or without fixed routes, and done for contractual or commercial
purposes.3
The seafarer shall not be charged directly or indirectly any fees, other charges for
recruitment, placement or for providing employment to seafarers, in whole or in part.
The DOLEs existing guidelines on recruitment and placement and/or contracting and
subcontracting work arrangement shall govern the recruitment and placement of
seafarers. The fees for pre-employment medical examination may, however, be
shouldered by the seafarers5
3 RA 9295
The foregoing employment agreement must be executed by and between the shipowner
and the seafarer before the commencement of employment, in a working language and
in English. The seafarer shall be given opportunity to examine and seek advice on the
agreement before signing. The employer and the seafarer shall each have a signed
original of the agreement and an electronic copy thereof shall be submitted to the
DOLE. A certified true copy must be made available onboard the ship.
The seafarer may receive better benefits as the foregoing minimum benefits shall be
without prejudice to any company policy, contract, or collective bargaining agreement
(CBA) providing for better terms and conditions of employment.
In cases where the hours of work exceeds fourteen (14) hours due to overriding safety
and operational conditions of the ship, the hours of rest in any seven-day period shall
not be less than seventy (70) hours.
The seafarers waiting time shall not be considered as compensable working time if the
seafarer is completely relieved from his/her duty and can use the time effectively for
his/her own purpose.
The shipowner is now required to post a table of the shipboard working arrangements in
an easily accessible place. The shipboard working arrangements shall contain the
schedule of service at sea and at port and the maximum hours of work or minimum
hours of rest. The same must be in the working language and in English. A record of the
seafarers daily hours of work or rest shall likewise be maintained by the shipowner.
The seafarer enjoys security of tenure in his employment. His services may not be
terminated unless for just or authorized causes as provided under the Labor Code.
Seafarers are given the right to form, join, or assist in the formation of a labor
organization of their own choosing for purposes of collective bargaining and to engage
in concerted activities in accordance with law. In case where a CBA exist, it must be
registered with the DOLE Regional Office and the same must be maintained on-board
the ship.
The protection and promotion of the health of the seafarer is a paramount consideration
of the shipowner, thus he must ensure that ships carry onboard ample food and drinking
water of appropriate quality and nutritional value that adequately cover the requirements
8 Sec. 1-2, Rule IV, DOLE DO No. 129-13
10
of the ship and which are suitable to the needs of the seafarers taking into account their
differing cultural and religious backgrounds. and to the and take into consideration The
preparation of food and drinks shall be in accordance with the standards of the pertinent
laws, rules, and regulations implemented by the Department of Health.
11
The shipowner must also provide adequate medical services and medicine chest
onboard, and access to shore facilities, as well as medical/trained personnel who shall
provide first aid and medical care according to the MOSH. The shipowner shall ensure
that seafarers have access to treatment for sickness or injury, hospitalization, and
essential dental care. The seafarer shall have the right to consult a qualified physician
or dentist without delay in ports of call, where practicable.
Social Security
Without Prejudice to established policy, collective bargaining agreement or other
applicable employment agreement, all seafarers are covered by the Social Security
System (SSS), Employees Compensation and State Insurance Fund, PhilHealth, PagIBIG Fund, and other applicable laws. They shall be entitled to all the benefits in
accordance with the respective policies, laws, rules, and regulations.
12
In enforcing compliance with the Rules, it is the Regional Office having jurisdiction over
the homeport of the ship which shall conduct a Joint Assessment on all covered
13
Philippine domestic ships. After which, a Certificate of Compliance which shall be valid
for 2 years shall be issued by the Regional Director to ships found to be compliant.
The application for renewal of certificate shall be filed by the shipowner within sixty (60)
days prior to its expiration. The application for renewal of certificate shall be filed with
the issuing authority informing the place, date, and time of the availability of the ship for
succeeding assessment. The new certificate shall be valid from the date of completion
of the assessment.
Seafarers may avail of the DOLE conciliation-mediation service under the Single Entry
Approach (SEnA) pursuant to D.O. No. 107, Series of 2010, by filing a request for
assistance with the DOLE Regional/Provincial/Field Offices.
14
DO No. 130-2013 promulgates rules and regulations governing the employment and
working conditions of seafarers onboard Philippine Registered Ships Engaged in
International Voyage. It applies to shipowners and seafarers where employer-employee
relationship or other forms of Engagement exists. Excluded from its coverage are the
following categories of ships:
a.)
b.)
c.)
d.)
International voyage refers to a voyage from a country to a port outside such country, or
between ports in another country or other countries. The employment of seafarers
onboard fishing ships plying international waters shall be governed by separate
guidelines of the Philippine Overseas Employment Administration (POEA).
15
16
The shipowner shall maintain a minimum safe manning level onboard in accordance
with existing maritime laws and regulations.
The seafarers have the right to form join or assist in the formation of a labor
organization of their own choosing for purposes of collective bargaining and to engage
in concerted activities in accordance with law. If there is a CBA, the same must be
registered with the DOLE through the Bureau of Labor Relations (BLR) and the POEA.
A copy thereof must be maintained onboard the ship.
17
Shipowners are required to develop for its ships a safety and health plan. The
shipowner shall designate a Safety and Health Officer Onboard to implement the ships
safety and health plan. The shipowner shall adopt, implement and promote occupational
safety and health policies and programs on ships, consistent with the Philippine
Maritime Occupational Safety and Health Guidelines and the 1996 ILO Code of Practice
on Accident Prevention On Board Ship, at Sea and in Port and subsequent versions
thereof, which shall include the following subjects:
18
The shipowner shall provide adequate medical services and medicine chest onboard,
and access to shore facilities, for the protection of the health of the seafarers, as well as
the corresponding medical/and / or trained personnel who shall provide first aid and
medical care according to the Maritime Occupational Safety and Health. The shipowner
shall ensure that seafarers have access to shore based treatment for sickness or injury,
hospitalization and essential dental care. The seafarer shall have the right to consult a
qualified physician or dentist without delay in ports of call, where practicable.
The Maritime Occupational Safety and Health Guidelines shall be followed in as far as
implementation of the Occupational Safety and Health Policy and Program for Seafarers
are concerned.
Social Security
Without prejudice to established policy, collective bargaining agreement or other
applicable employment agreement, all seafarers shall be entitled to compensation and
benefits under the POEA SEC and benefits provided for by the Welfare Fund for
Overseas Workers, the Pag-IBIG Fund (Republic Act No. 7742), PhilHealth (Republic
Act No. 7875, as amended by Republic Act No. 9241), Employees Compensation and
State Insurance Fund (Presidential Decree No. 626), and the Social Security Law
19
(Republic Act No 1161 as amended by Republic Act No. 8282), and other applicable
laws.
The DMLC refers to the document that states the Philippine requirements to implement
the Maritime Labour Convention 2006 for the working and living conditions for
seafarers. The DMLC is in two parts, DMLC I and DMLC II.
The DMLC Part I is issued by the Secretary within 15 days from the effectivity of the
Rules and Regulations. The DMLC Part II, which sets out the measures adopted by the
shipowners to ensure compliance is accomplished by the shipowner and certified by the
Secretary or his/ her authorized representative.
20
The Maritime Labour Certificate refers to the document that certifies that the working
and living conditions of seafarers on the ship have been inspected and meet the
requirements of Philippine laws and regulation. The MLC is issued, upon application of
the shipowner, by the Secretary or his/ her authorized representative certifying that the
working conditions of seafarers on the ship, as well as measures for ongoing
compliance have been inspected and meet the requirements of Philippine laws and
regulations. The Certificate is valid for 5 months upon its issuance, subject to
intermediate inspection which shall take place between the second and third
anniversary dates of the certificate.
21
The application for the renewal of the MLC shall be filed by the shipowner ninety (90)
days prior to its expiration with the appropriate Regional Office, POLO or authorized
RO, with information as to the place, date and time of the availability of the ship for
renewal inspection.
The Secretary or his/ her authorized representatives may order an unscheduled/ spot
inspection, aside from the mandatory inspection prescribed herein if there are reports of
violation/s of the rules and regulations, imminent danger, occurrence of accident, or as
may be deemed necessary.
After the conduct of inspection, the appropriate regional office, POLO or duly authorized
RO shall submit an inspection report to the Secretary, copy furnished to the Master of
the Ship. A copy of the report shall be posted in the notice board of the ship and a copy
may be sent to the seafarers representative upon request.
Where the Maritime Labour Certificate of a ship that is in a Philippine Port has not been
issued/ renewed or has been revoked, the Secretary or the Regional Director shall
cause the Philippine Coast Guard to prevent a ship from leaving port. In the case of
ships outside Philippine territory, the Secretary shall direct his/ her authorized
22
Should there be findings of violations of the Rules and Regulations arising from the
conduct of inspection, the same shall be resolved in accordance with the applicable
rules and regulations in the disposition of labor cases.
Posting Requirement
The Certificate should be posted by the shipowner in a conspicuous place onboard
where it is available to the seafarer. The DMLC Parts I and II shall be attached to the
Maritime Labour Certificate.
When onshore, seafarers may avail of the conciliation-mediation services of the DOLE
by filing a request for assistance before conciliation mediation desks of the POEA or
at the Regional / Field/Provincial or POLO Offices of the DOLE.
23
The Rules and Regulations shall be construed to eliminate or in any way diminish
supplements or other benefits being enjoyed at the time of the issuance of this Rules.
Existing Rules and Regulations issuances and policies inconsistent with the department
order are deemed repealed or modified.
Jurisdiction
Money claims including unpaid wages, illegal dismissal and claims for disability and
death benefits of seafarers are within the jurisdiction of the Labor Arbiters of the
National Labor Relations Commission.
24
2. Disqualification18.
17 Sec 1 Rule 1 Part 2 POEA SB Rules 2003
25
The following are not qualified to engage in the business of recruitment and
placement of Filipino seafarers.
a. Travel agencies and sales agencies of airline companies;
b. Officers or members of the Board of any corporation or members in a
partnership engaged in the business of a travel agency;
c. Corporations and partnerships, when any of its officers, members of the
board or partners, is also an officer, member of the board or partner of a
corporation or partnership engaged in the business of a travel agency;
d. Persons, partnerships or corporations which have derogatory records,
such as but not limited to the following:
i.
ii.
iii.
iv.
26
3. Issuance of License19
Prior to the issuance, every applicant for license to operate a manning agency
shall submit a written application together with the requirements. Upon receipt of
an application with complete requirements, the POEA shall require payment of a
non-refundable filing fee of Ten Thousand Pesos (P10,000.00) and submission of
proof of payment thereof.
Within fifteen (15) calendar days from receipt of an application with complete
requirements including proof of payment of the filing fee of Ten Thousand Pesos
(P10,000.00), the POEA shall evaluate the pertinent documents, inspect the office
premises of the applicant and determine whether or not to grant the application.
Denial of an application will result to the forfeiture of the filing fee.
27
Upon approval of the application, the applicant shall pay a license fee of Fifty
Thousand Pesos (P50,000.00). It shall submit an escrow agreement in the
amount of One Million Pesos (P1,000,000.00), confirmation of escrow deposit with
a reputable bank and a surety bond of One Hundred Thousand Pesos
(P100,000.00) from a bonding company acceptable to the POEA and accredited
with the Insurance Commission. Agencies with existing licenses shall, within four
years from effectivity hereof, increase their Escrow Deposit to One Million Pesos
(P1,000,000.00)
at
the
rate
of
One
Hundred
Seventy-Five
Thousand
28
Validity of the License21 Every license shall be valid for four (4) years from the
date of issuance unless sooner cancelled, revoked or suspended. Such license
shall be valid only at the place/s stated therein.
29
inspection report shall be endorsed to the appropriate unit for the conduct of
necessary proceedings.
agency;
Information Sheet;
Valid Seafarers Identification and Record Book;
Seafarers Registration Certificate;
Other documents which the POEA may find necessary.
30
The required processing fees shall be paid to the POEA upon submission of the
request for processing. An agency shall deploy its hired seafarers within sixty (60)
days from the date of issuance of the overseas employment certificate.
If the deployment of the seafarer does not materialize within thirty (30) days from
the lapse of the period to deploy, the agency shall report the non-deployment and
reasons thereof and apply to the POEA for cancellation of the seafarers
processed documents. If the deployment of the seafarer does not materialize due
to his fault, the agency may charge the seafarer for actual expenses incurred in
connection with his documentation and processing, duly supported by official
receipts.
31
Employment Standards
1. Formulation of Standard Employment Contracts27
The POEA, through tripartite consultation involving the seafarers and the private
sector, shall determine, formulate and establish minimum separate and distinct
standard employment contracts for seafarers in accordance with accepted
international standard and maritime practice. These standard employment
contracts, which shall be reviewed periodically to keep them attuned to
international requirements and demands, shall be the minimum requirement in
every individual contract approved by the POEA.
Parties to the individual employment contract are allowed to stipulate and mutually
agree to other terms and conditions more than the minimum standards; provided
that the stipulation are mutually beneficial to both parties and are not contrary to
law, public policy and morals.
Assistance to Seafarers
32
1. Voluntary Arbitration28
Unresolved disputes involving seafarers and their employers principals with
Collective
Bargaining
Agreements,
arising
from
the
interpretation
or
Any settlement reached by the parties in the course of the arbitration shall be final
and binding upon them. Where such amicable settlement is not agreed upon, the
Voluntary Arbitrator chosen by the parties shall resolve the conflict on the basis of
the evidence and issue his decision which shall likewise be final and binding upon
the parties.
33
2. Repatriation of Seafarers29
The repatriation of the seafarer and the transport of his personal belongings shall
be the primary responsibility of the principal and/or agency which recruited or
deployed the seafarer overseas. All costs attendant to the repatriation shall be
borne or charged to the principal and/or agency concerned. Likewise, the
repatriation of remains and transport of the personal belongings of the deceased
seafarer and all costs attendant thereto shall be borne by the principal and/or the
agency. However, in cases where the termination of the employment is due solely
to the fault of the seafarer, the principal or agency shall not in any manner be
responsible for the repatriation of the former and/or his belongings.
The principal or agency shall advance the cost of plane fare without a prior
determination of the cause of the termination of the seafarers employment.
However, the principal/agency may recover the cost of repatriation from the
seafarer upon his return to the Philippines if termination of employment is due
solely to seafarers fault.
34
Seafarers who sail for work on areas declared by the POEA as war risk areas
shall be entitled to premium pay or its equivalent, the form of which shall be
determined by the POEA.
4. Education Program31
In accordance with the policy of full disclosure, the POEA shall provide a
comprehensive and integrated education program on seafarers employment and
shall be undertaken in partnership with other relevant organizations and
government entities. Such education program shall cover all stages of recruitment
and employment. The POEA shall develop and administer the program in
partnership with concerned government agencies, industry associations, civicoriented groups and non-government organizations. The POEA shall provide
orientation programs to officers and staff of licensed manning agencies.
35
(4) Employment with government provided such item or position requires the knowledge
and expertise of a Merchant Marine Officer.
Merchant Marine Vessel - shall apply only to the commercial ships, propelled by
machinery, public or private, strictly engaged in maritime commerce, both seagoing
and/or near-coastal trade, vessels engaged in the training of cadets for the merchant
marine profession, and noncombatant vessels of the Philippine Government.
Merchant Marine Officer - shall refer to marine deck or engineer officer.
Merchant Marine Deck Officer shall refer to a duly registered, certified and licensed
master mariner, chief mate and officer-in-charge of a navigational watch.
Merchant Marine Engineer Officer shall refer to a duly registered, certified and
licensed chief engineer, second engineer, and officer-in-charge of an engineering watch
in a manned engine-room or designated duty engineer in a periodically unmanned
engine-room, and coastal engineer.
38
(g) For the Board of Marine Engineer Officers, he must have navigated as Marine
Engineer Officer for at least two (2) years on board a sea-going vessel and with an
aggregate total of at least seven (7) years practice as Merchant Marine Officer;
(h) His last shipboard experience should not be less than one (1) year within a ten (10)year period prior to appointment date;
(i) He must not have been convicted by any competent court of an offense involving
moral turpitude.
Term of Office
The Chairman and members of the Board shall hold office for a term of three (3) years
and until their successors shall have been appointed and duly qualified. Of the
members of the Board first appointed under this Act, one (1) member shall be appointed
and hold office as Chairman for three (3) years; two (2) members for two (2) years; and
two (2) members for one (1) year
39
(b) Violation or tolerance of the violation of this Act or the Code of Ethics for Maritime
Profession;
(c) Final conviction of an offense involving moral turpitude.
Any vacancy occurring in the membership of the Board shall be filled for the unexpired
portion of the term only.
(g) To look into the conditions affecting the practice of the Maritime Profession and
whenever necessary, adopt such measures as may be deemed proper for the
enhancement and maintenance of high professional and ethical standards of the
profession;
(h) To prescribe and/or adopt a Code of Ethical and Professional Standards for the
practice of the Maritime Profession
(i) To hear and try administrative cases involving violations of this Act, its Implementing
Rules and Regulations, the Code of Ethics for Professional Maritime Officers and for
this purpose, to issue subpoena and subpoena duces tecum to secure the appearance
of witnesses and the production of documents in connection therewith;
(j) To prescribe guidelines for the Continuing Professional Education (CPE) program in
coordination with the accredited and integrated association of Merchant Marine Officers;
(k) In accordance with the STCW '78 Convention and its amendments, to prepare,
adopt and issue the syllabi of the subjects for examinations by determining and
preparing the questions which shall strictly be within the scope of the syllabus of the
subjects for examination;
(l) To promulgate, administer and enforce rules and regulations necessary for carrying
out the provisions of this Act, in accordance with the charter of the Professional
Regulation Commission and the STCW '78 Convention, as amended: Provided, That in
case of subsequent or future amendments to any international convention(s)/conference
of which the Philippines is a signatory, the Board is empowered to amend/revise its
41
rules and regulations to conform with the amendments of the said convention(s) without
the need of amending this enabling Act;
(m) To approve, issue, limit or revoke the special dispensation to practice the Maritime
Profession;
(n) To discharge such other powers and functions as the Board may deem necessary
for the practice of the profession and the upgrading, enhancement, development and
growth of merchant marine profession in the Philippines.
43
received by each examinee at his given address using the mailing envelope submitted
during the examination.
An applicant who fails to pass the examination for the third time shall be allowed to take
another examination only after the lapse of one year
Recognition of Certificates
44
45
Prohibited Acts
A fine of not less than Twenty thousand pesos [P20,000.00] nor more than One hundred
thousand pesos [P100,000.00] or imprisonment for a period of not less than one [1] year
nor more than six [6] years or both such fine and imprisonment, at the discretion of the
court shall be imposed upon:
[a] Any person who engages in the practice of merchant marine profession or
represents himself as a Marine Deck or Engineer Officer without holding a valid
certificate of registration and/or certificate of competency;
[b] Any person who represents or uses the certificate of registration and/or certificate of
competency of another person;
[c] Any person who shall give any false or forged documents for the purpose of
obtaining a certificate of registration and/or certificate of competency;
[d] Any person who shall use a revoked or suspended certificate of registration and/or
invalid or expired professional license
[e] Any person who shall assume, use or advertise the title of Marine Deck/Engineer
Officer under his name, or any description to convey the impression that he is a
professional marine deck/engineer officer without holding a valid certificate of
registration and/or certificate of competency; and
[f] Any person who shall violate the provisions of this Act, its Implementing Rules and
Regulations and the Code of Ethics for Marine Deck/Engineer Officers.
46
Jurisprudence
In the case of Millares v. NLRC32, the issue raised was whether seafarers are
regular or contractual employees whose employment is terminated every time
their contracts of employment expire. The Court explained:
It is clear that seafarers are considered contractual employees.
They cannot be considered as regular employees under Article 280
of the Labor Code. Their employment is governed by the contracts
they sign every time they are rehired and their employment is
terminated when the contract expires. Their employment is
contractually fixed for a certain period of time. They fall under the
exception of Article 280 whose employment has been fixed for a
specific project or undertaking the completion or termination of
which has been determined at the time of engagement of the
employee or where the work or services to be performed is
seasonal in nature and the employment is for the duration of the
season.
As ruled in Brent33 case, there are certain forms of employment which also
require the performance of usual and desirable functions and which exceed one
32 Douglas Millares and Rogelio Lagda vs. National Labor Relations Commission, Trans-Global Maritime
Agency, Inc. and ESSO International Shipping Co., Ltd., GR. No. 110524, 29 July 2002.
33 Brent School, Inc., and Rev. Gabriel Dimache vs. Ronaldo Zamora and Doroteo R. Alegre, GR. No.
48494, 05 February 1990.
47
year but do not necessarily attain regular employment status under Article 280.
Overseas workers including seafarers fall under this type of employment which
are governed by the mutual agreements of the parties.
And as stated in the Coyoca34 case, Filipino seamen are governed by the Rules
and Regulations of the POEA. The Standard Employment Contract governing the
employment of All Filipino seamen on Board Ocean-Going Vessels of the POEA,
particularly in Part I, Sec. C specifically provides that the contract of seamen
shall be for a fixed period. And in no case should the contract of seamen be
longer than 12 months. Moreover, the Court held that it is an accepted maritime
industry practice that employment of seafarers are for a fixed period only.
Constrained by the nature of their employment which is quite peculiar and unique
in itself, it is for the mutual interest of both the seafarer and the employer why the
employment status must be contractual only or for a certain period of time.
Seafarers spend most of their time at sea and understandably, they can not stay
for a long and an indefinite period of time at sea. Limited access to shore society
during the employment will have an adverse impact on the seafarer. The
national, cultural and lingual diversity among the crew during the COE is a reality
that necessitates the limitation of its period.
34 Pablo A. Coyoca vs. NLRC and Seafarers Shipping Inc., GR No. 113658, 31 March 1995.
48
In the case of Remigio v. National Labor Relations Commission 35, it was ruled
(1) that the standard employment contract for seafarers was formulated by the
POEA pursuant to its mandate under Executive Order No. 247 to secure the
best terms and conditions of employment of Filipino contract workers and ensure
compliance therewith, and to promote and protect the well-being of Filipino
workers overseas; (2) that Section 29 of the 1996 POEA Standard Employment
Contract itself provides that all rights and obligations of the parties to the
contract, including the annexes thereof, shall be governed by the laws of the
Republic of the Philippines, international conventions, treaties and covenants
where the Philippines is a signatory; and (3) that even without this provision, a
contract of labor is so impressed with public interest that the Civil Code expressly
subjects it to the special laws on labor unions, collective bargaining, strikes and
lockouts, closed shop, wages, working conditions, hours of labor and similar
subjects.
Thus, the Court has applied the Labor Code concept of permanent total disability
to the case of seafarers. In Philippine Transmarine Carriers v. NLRC36, seaman
Carlos Nietes was found to be suffering from congestive heart failure and
cardiomyopathy and was declared as unfit to work by the company-accredited
physician. The Court affirmed the award of disability benefits to the seaman,
35 Bernardo Remigio vs. NLRC, C.F. Sharp Crew Mgt., Inc., and New Commodore Cruise Line, Inc., GR
No. 159887, 12 April 2006
36 Philippine Transmarine Carriers, Inc. vs. NLRC, POEA, and Carlos Nietes, GR No. 123891, 28
February 2001
49
citing ECC v. Sanico, GSIS v. CA, and Bejerano v. ECC that disability should not
be understood more on its medical significance but on the loss of earning
capacity. Permanent total disability means disablement of an employee to earn
wages in the same kind of work, or work of similar nature that [he] was trained for
or accustomed to perform, or any kind of work which a person of [his] mentality
and attainment could do. It does not mean absolute helplessness. It likewise
cited Bejerano v. ECC, that in a disability compensation, it is not the injury which
is compensated, but rather it is the incapacity to work resulting in the impairment
of ones earning capacity.
The same principles were cited in the more recent case of Crystal Shipping, Inc.
v. Natividad. In addition, the Court cited GSIS v. Cadiz and Ijares v. CA that
permanent disability is the inability of a worker to perform his job for more than
120 days, regardless of whether or not he loses the use of any part of his body.
In Vergara v. Hammonia Maritime Services, Inc. 37, it is said that the standard
terms of the POEA Standard Employment Contract agreed upon are intended to
be read and understood in accordance with Philippine laws, particularly, Articles
191 to 193 of the Labor Code, as amended, and the applicable implementing
rules and regulations in case of any dispute, claim or grievance.
The provisions of the Labor Code, as amended, and implementing rules are to be
read hand in hand with the first paragraph of Section 20(B)(3) of the 2000 POEA
Standard Employment Contract which reads:
37 Jesus E. Vergara vs. Hammonia Maritime Services, Inc. and Atlantic Marine Ltd., GR No. 172933,
06 October 2008
50
Upon sign-off from the vessel for medical treatment, the seafarer is
entitled to sickness allowance equivalent to his basic wage until he
is declared fit to work or the degree of permanent disability has
been assessed by the company-designated physician[,] but in no
case shall this period exceed one hundred twenty (120) days.
51