State Policy on Protection of Seafarers
- The state commits to safeguarding the rights and welfare of Filipino seafarers.
- It aims to ensure fair employment terms and prevent exploitation by unscrupulous parties.
- The practice of "ambulance chasing"—the solicitation of seafarers or their heirs for monetary claims—is declared unlawful.
Prohibition Against Ambulance Chasing
- It is illegal for any person to solicit claims from seafarers or their heirs personally or through agents.
- The solicitation pertains to monetary claims related to accidents, illnesses, or death in the course of employment.
- Such solicitation often involves retaining or deducting fees from the monetary benefits awarded to seafarers or heirs, which the law prohibits.
Regulation of Fees for Representation
- Contracts involving representation or appearance before bodies such as NLRC, NCMB, POEA, DOLE, or similar entities must cap fees at 10% of the awarded compensation.
- Fees refer to the total compensation for services rendered by the person representing the seafarer or heir.
- This provision ensures fairness and prevents exorbitant fees.
Penalties for Violations
- Violations of the prohibition on ambulance chasing attract penalties including:
- A fine ranging from ₱50,000 to ₱100,000.
- Imprisonment ranging from one to two years.
- Or both fine and imprisonment.
- Collusion in committing the prohibited acts attracts the same penalties.
Implementation and Rulemaking
- The Secretary of Labor and Employment is mandated to issue implementing rules and regulations within 90 days from the law's approval.
- Coordination with the Maritime Industry Authority (MARINA) and Philippine Overseas Employment Administration (POEA) is required.
Repealing Clause
- All existing laws, orders, or regulations inconsistent with this Act are repealed or modified accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or in at least two newspapers of general circulation.