Summary of the Newly Enacted Filipino Seafarer’s Magna Carta

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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

 

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AT A GLANCE:

On September 23, 2024, President Ferdinand Marcos, Jr. signed into law Republic Act No. 12021, dubbed the “Magna Carta of Filipino Seafarers.” During the ceremonial signing of the Act at the Malacañang Palace, the President proclaimed that the Magna Carta of Filipino Seafarers is the State’s way of telling the country’s seafarers: “we see you, we hear you, and we are here to support you.” (Philippine News Agency, 2024)

 

Verily, the Act stands as a comprehensive framework anent the rights of Filipino seafarers and the concomitant obligations of shipowners and manning agencies. Likewise, the Act enshrines salient provisions, including among others, the rights accorded to seafarers; the seafarers covered by and contemplated under the Act; machineries for dispute resolution; and the significant provision on execution of judgment and monetary awards.

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On September 23, 2024, President Ferdinand Marcos, Jr. signed into law Republic Act No. 12021, dubbed the “Magna Carta of Filipino Seafarers.” During the ceremonial signing of the Act at the Malacañang Palace, the President proclaimed that the Magna Carta of Filipino Seafarers is the State’s way of telling the country’s seafarers: “we see you, we hear you, and we are here to support you.” (Philippine News Agency, 2024)

Verily, the Act enshrines salient provisions, including among others, the rights accorded to seafarers; the seafarers covered by and contemplated under the Act; machineries for dispute resolution; and the significant provision on execution of judgment and monetary awards.

 

Seafarers Covered under the Act

1. Filipino seafarers who work in any capacity on board a ship or vessel plying international waters, whether Philippine-registered or foreign-registered; and
2. Filipino cadets, in accordance with the provisions of Chapter XVIII (Education and Training of Seafarers and Cadets)

This Act shall not cover Filipino seafarers on board the following categories of ships: 

1. Warships and naval auxiliaries; 
2. Government ships not engaged in commercial operations; 
3. Ships of traditional build, as may be defined under existing rules and regulations; and 
4. Fishing vessels. (Sec. 4, R.A. No. 12021)

 

Domestic seafarers who work in any capacity on board domestic ships shall be principally covered under the Labor Code of the Philippines. However, they are also covered by certain provisions under this Act, namely:

1. Seafarers’ Rights (Chapter III);
2. Women in the Maritime Industry (Chapter IV);
3. Duties of Seafarers (Chapter V);
4. Emergency Rescue of Domestic Seafarers (Chapter XIV);
5. Manning Levels and Crew Competency Requirements (Chapter XV);
6. Inspection and Enforcement (Chapter XVI);
7. Green Lane for Overseas and Domestic Seafarers (Chapter XVII);
8. Requirements for Philippine-Registered Ships on Shipboard Training (Section 79); and
9. Incentives and Awards Granted to the Maritime Industry (Chapter XIX).

(Sec. 5, R.A. No. 12021)

 

Rights Accorded to Seafarers 

Seafarers covered under this Act are accorded the following rights:

• Right to Just Terms and Conditions of Work;
• Right to Self-Organization and to Collective Bargaining;
• Right to Educational Advancement and Training at Reasonable and Affordable Costs;
• Right to Information;
• Right to Information of a Seafarer’s Family or Next of Kin;
• Right to Safe Passage and Safe Travel;
• Right to Consultation (before the adoption of any maritime policy, issuance, rule or regulation, or enactment of any maritime law that may directly affect the seafarers, their kin, and beneficiaries);
• Right Against Discrimination;
• Right to be Protected Against All Forms of Harassment and Bullying;
• Right to Free Legal Representation;
• Right to an Appropriate Grievance Mechanism;
• Right to Immediate Medical Attention;
• Right to Access to Communication;
• Right to Record of Employment or Certificate of Employment;
• Right to a Fair Treatment in the Event of a Maritime Accident;
• Right to a Fair Medical Assessment;
• Right to Vote in National Elections.

(Secs. 7-23, R.A. No. 12021)

Likewise, the Magna Carta carves a chapter providing that women seafarers shall be protected from gender-based discriminatory practices; and that shipowner, manning agencies, and maritime training institutions are mandated to formulate and ensure that policies on gender and development are in place. (Secs. 24-25, R.A. No. 12021)

 

Dispute Resolution 

All ocean-going ships covered by this Act are required to have an onboard and onshore grievance or complaint resolution mechanisms readily accessible and at no cost to the seafarer.

Absent such a mechanism, the following rules apply:

1. If there is a Collective Bargaining Agreement (CBA) – the dispute shall be submitted for voluntary arbitration in accordance with existing laws, rules, and regulations;
2. If there is no CBA – the parties shall first avail of the conciliation-mediation services as provided under Art. 228 of the Labor Code, as amended by R.A. No. 10396;
3. If the matter remains unresolved, absent a settlement or agreement – the parties have the option to submit the case either to compulsory or voluntary arbitration. (Sec. 55, R.A. No. 12021) 

Maritime Industry Labor Conciliator-Mediators and Arbitrators shall handle the mediation, conciliation, or arbitration of all issues relating to the employment of seafarers. (Sec. 56, R.A. No. 12021) 

 

Period to Settle Claims

When the seafarer or his/her successors-in-interest file a claim for unpaid salaries and other statutory monetary benefits, or a claim arising from disability or death:

1. The employer or manning agency has fifteen (15) days from the submission of the claim to determine the claim’s validity;
2. The results of the validation must be communicated to the seafarer or his/her successors-in-interest within the aforementioned fifteen (15) days;
3. The employer or manning agency shall settle its obligations to the seafarer, if any, within fifteen (15) days from the time it had communicated its findings to the seafarer. (Sec. 58, R.A. No. 12021)

 

Execution of Judgment and Monetary Awards

The Magna Carta of Filipino Seafarers provides a mechanism purportedly to ensure the full and timely restitution of monetary awards for the salaries, wages, statutory benefits, and the death and disability claims of seafarers.

Accordingly, 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:

1. Any shares or wage;
2. Any statutory monetary and welfare benefits;
3. Any undisputed amount, which is admitted by a party to be legally due to the other party;
4. Any disputed amount determined to be legally due the seafarer; and
5. Damages, including moral damages, exemplary damages, nominal damages, attorney’s fees, and other similar awards.

The decision which awards (a) any shares or wage; (b) any statutory monetary and welfare benefits; or (c) any undisputed amount, which is admitted by a party to be legally due to the other party, shall be immediately executory even pending appeal or judicial review.

For (d) any disputed amount determined to be legally due the seafarer, and for (f) damages, attorney’s fees, and other similar awards – a writ of execution shall only be issued if the judgment obligee posts a sufficient bond. 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.

(Sec. 59, R.A. No. 12021) 

 

Repatriation

In general, the affected seafarer shall be repatriated to the point of hire. However, in case of permanent or temporary incapacity or death, the seafarer or his/her remains shall be repatriated to the point of hire or the seafarer’s place of domicile, at the option of the seafarer or the seafarer’s next of kin.

All costs related to the repatriation shall be borne by the shipowner or manning agency. However, in cases where the termination of employment is for just cause or upon the request of the seafarer, the cost of repatriation shall be for the account of the seafarer. (Sec. 61-62, R.A. No. 12021) 

In general, a seafarer may waive his or her entitlement to repatriation provided the waiver is written and made freely and voluntarily, with full knowledge of its consequences. However, no waiver shall be allowed or presumed under the following circumstances, when the seafarer is:

1. abandoned; 
2. held captive on or off the ship as result of acts of piracy or armed robbery against the ship; 
3. incapable of traveling due to illness, injury or incapacity, or other causes that affect the seafarer’s safety and security. (Sec. 64, R.A. No. 12021) 

RELATED ARTICLES:

• Protection to Labor for Overseas Filipino Workers – ALBURO ALBURO AND ASSOCIATES LAW OFFICES
• Compulsory coverage of sea-based and land-based Overseas Filipino Workers (OFWs) under Republic Act No. 11199

 

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