Question & AnswerQ&A (Republic Act No. 10706)
The short title of Republic Act No. 10706 is the Seafarers Protection Act.
The primary policy 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 exploitation through ambulance chasing and excessive fees.
Ambulance chasing is defined as the act of 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 a fee that is deducted from their monetary award.
No, engaging in ambulance chasing as defined under Section 3 of the Act is unlawful.
Fees shall not exceed ten percent (10%) of the compensation or benefit awarded to the seafarer or their heirs.
The limitation applies to claims before the National Labor Relations Commission (NLRC), any labor arbiter, the National Conciliation and Mediation Board (NCMB), the Philippine Overseas Employment Administration (POEA), the Department of Labor and Employment (DOLE) or its regional offices, and other quasi-judicial bodies handling labor disputes.
Any person who violates Section 3 shall be punished by a fine of not less than fifty thousand pesos (P50,000.00) but not more than one hundred thousand pesos (P100,000.00), or imprisonment of one (1) year but not more than two (2) years, or both.
Yes, the same penalties apply to any person 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 (2) newspapers of general circulation.