TIM
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TIMeMagazine
eMagazineVol.1
Vol.1Issue
Issue 5
IRR for Seafarers Protection
Act issued
By: Philip Ortaleza
T
o enhance the protection of the seafarers
from ‘ambulance chasers,’ former Labor and
Employment Secretary Rosalinda DimapilisBaldoz issued Department Order No. 153,
Series of 2016, or the ‘Implementing Rules
and Regulations (IRR) of Republic Act
No. 10706,’ also known as the Seafarers’
Protection Act.
This order represents a significant milestone for the
maritime industry as it aims to protect the seafarers
from unscrupulous individuals who charge exorbitant
fees and push seafarer/s to file labor cases against
their employers for the purpose of claiming monetary
benefits arising from accident, illness, or death.
Under the IRR, fees are considered excessive when
there is a contract or arrangement between a seafarer
or his/her heir, and a person who appears for or
presents them in any case of recovery of monetary
claim or benefit, including legal interest; such claim
for the purpose of recovery of monetary award or
benefits arising from accident; illness, or death; the
claim is filed before the NLRC, or any labor arbiter,
NCMB, POEA, DOLE or its Regional Offices, or other
quasi-judicial bodies handling labor disputes; and the
contract or arrangement stipulated that the person
who appears for or represents the seafarer, or his/
her heirs shall be entitled to fees which exceeds 10
percent of the compensation or benefit awarded to
the seafarer or his/her heirs.
This department order mandates the National
Labor Relation Commission (NLRC) , or any labor
arbiter, National Conciliation and Mediation
Board (NCMB), Philippine Overseas Employment
Administration (POEA), DOLE Regional Offices, or other
quasi-judicial bodies handling labor disputes to clearly
indicate in their decisions, orders, judgments, or
awards that the total compensation for the person
who appears for or represents seafarer or his/her heirs
shall not exceed ten percent of the compensation or
benefit awarded to the seafarers or his/her heirs.
The other salient feature of the implementing
rules and regulations include provisions on criminal,
civil, and administrative actions that may be filed
arising out of ambulance chasing and imposition
Secretary Rosalinda Dimapilis-Baldoz
of excessive fees, as well as criminal, civil and
administrative liabilities. The IRR also defined the
elements of ambulance chasing which include
soliciting, personally or through an agent, from
seafarers, or their heirs, any claim against the employer
of the seafarer; such claim is for the purpose of
recovery of monetary award or benefits arising from
accident, illness, or death, including legal interest;
and the pursuit of the claim is in exchange of an
amount or fee which shall be retained or deducted
from the monetary claim or benefit granted to or
awarded to the seafarers or their heirs.
It also stated that a collusion in the commission
of ambulance chasing shall exist when the following
elements concur: two or more persons come to an
agreement, either oral or written; agreement concerns
commission of ambulance chasing; the persons
decide to commit ambulance chasing; and positive or
overt acts are taken by the persons to carry out the
agreement.
The IRR also specified the establishment of an
oversight committee to monitor, verify, and review
the implementation and industry compliance, as well
as the establishment of action desks at the NLRC,
NCMB, POEA, DOLE, its Regional Offices, or other
quasi-judicial bodies handling labor disputes to
receive report of incidence of ambulance chasing and
imposition of excessive fees.
A series of tripartite consultations were conducted
to draft the IRR. The draft IRR was presented to
the Maritime Industry Tripartite Council (MITC), a
tripartite advisory and consultative body on labor and
employment policy-making in the maritime industry,
and was adopted in principle by the MITC members on
8 March 2016. The Department of Justice (DOJ) also
contributed inputs in the finalization of the IRR.
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