Seafarers Protection Act IRR promulgated

Five months after the enactment of the Seafarers Protection Act into law, or Republic Act 10706, its Implementing Rules and Regulations (IRR) was finally issued by the Department of Labor and Employment (DOLE) on 19 April 2016, ANGKLA Party list Rep. Jesulito A. Manalo revealed.

“With the IRR now in place, seafarers are better guaranteed protection against ambulance chasers,” Rep. Manalo, the principal author of the measure in House of Representatives, said.

This means, Manalo said, our seafarers will be able to receive the optimum benefits due them, which are actually necessary for their full recovery from illnesses or accidents related to their employment on board vessels abroad.

“The law makes it unlawful for individuals to engage in ambulance chasing who, through questionable schemes take undue advantage of seafarers in their legal pursuit for injuries and sickness benefits,” he said.

In order to curb the unreasonable imposition of these fees, the measure puts a cap on the total fees that lawyers or persons representing the seafarer may collect, to an amount not exceeding 10% of the benefit awarded to the seafarer or his family.

An individual found to be in violation of the new statute shall be meted a penalty of a fine of not less than P50,000 but not more than P100,000, or by imprisonment of one year but not more than 2 years, or both fine and imprisonment, Manalo said.

Manalo stressed that the IRR promulgated by the DOLE, in coordination with the Maritime Industry Authority (MARINA) marks the inception of an effective implementation of the law.

The IRR, signed by DOLE Secretary Rosalinda Baldoz, explained in detail the elements of ambulance chasing as a criminal offense, as well as a possible basis for either civil or administrative liability of violators of the Act.

The IRR ensures that all concerned seafarers are made fully aware of their rights under RA 10706, with Rule III, Section 3 of said rules mandating the relevant labor tribunals to “clearly indicate in the decisions, orders, judgments, or awards that the total compensation for the person who ... represents [the] seafarer... shall not exceed 10% of the compensation ... awarded to the seafarer”, Cong Manalo remarked.

“In a national scale, Filipino seafarers onboard international fleets, have greatly contributed to the country’s social economic progress, with their annual contributions estimated at USD5.6 billion or about 20% of the aggregate OFW remittances, incessantly growing,” the lawmaker added.

The maritime community is presently represented in the House of Representatives by ANGKLA, as the sole maritime party of the Philippines. Asked for comment on ANGKLA’s recent proclamation among the party lists winners made by the Commission on Election to get a congressional seat for the next Congress this July, Manalo stated:

“We are, as always, delighted to serve the industry and our countrymen. Thus, we will continue to do our best to pass important and landmark legislation during the 17 th Congress, and we hope to continue getting the support of all relevant agencies of government, the same way that the DOLE extended in this recent IRR for RA 10706,” Manalo vowed. (30) dpt

NR # 4209B

MAY 23, 2016