Question & AnswerQ&A (Republic Act No. 10706)
The official title is the Seafarers Protection Act.
The main policy objective is to promote and protect every Filipino seafarer desiring to work overseas by securing the best possible terms and conditions of employment and to prevent unscrupulous individuals from exploiting seafarers through ambulance chasing.
Ambulance chasing is defined as soliciting, personally or through an agent, from seafarers or their heirs the pursuit of any claim against their employers for monetary claims or benefits arising from accident, illness, or death, in exchange for an amount or fee deducted from the claim.
No, under Section 3 of the Act, ambulance chasing is declared unlawful.
The fee shall not exceed ten percent (10%) of the compensation or benefit awarded to the seafarer or their heirs.
The fee cap applies to claims before the National Labor Relations Commission (NLRC), labor arbiters, National Conciliation and Mediation Board (NCMB), Philippine Overseas Employment Administration (POEA), Department of Labor and Employment (DOLE) or its regional offices, and other quasi-judicial bodies handling labor disputes.
Violators shall be fined not less than fifty thousand pesos (P50,000.00) but not more than one hundred thousand pesos (P100,000.00), or imprisoned for one (1) to two (2) years, or both.
Yes, the same penalties apply to any person found to be in collusion in the commission of the prohibited act.
The Secretary of Labor and Employment, in coordination with the Maritime Industry Authority (MARINA) and the Philippine Overseas Employment Administration (POEA).
It took effect fifteen (15) days after its publication in the Official Gazette or in at least two newspapers of general circulation.