Is the ‘Seafarers Protection Act’ of the Philippines favors the shipping companies or Filipino seafarers? It should be for the latter because the title of this act says it all: ‘An Act Protecting Seafarers against Ambulance Chasing and Imposition of Excessive Fees, and Providing Penalties Therefore’. Based on the title, it is pro-Filipino seafarers—or in the guise of one?
In April 2016, Former President Benigno Aquino III signed the Implementing Rules and Regulations (IRR) of Republic Act No. 10706 or the ‘Seafarers Protection Act’, which is also known for its moniker “Anti-Ambulance Chasing Act”. This law was three years in the making, the UK P&I Club narrated. As stated on their article, it was first introduced as House Bill No. 2643 in September 2013. It was then sponsored by the Senate under Senate Bill No. 2835 in June 2015 and later passed by the Senate on September 21, 2015. This quite speedy process shows the government’s eagerness to safeguard seafarers who works at shipping companies in the Philippines and abroad.
Before we delve into the issue, let us define the term ‘ambulance chasing’ first. According to USLegal.com, it refers to an attorney’s practice of soliciting business from accident victims or their families at the scene of an accident or disaster. Yes, such unscrupulous lawyers do exist who abuse incapacitated seafarers and their families. This was reiterated by Senator Sonny Angara on Rappler, “There are many cases of lawyers who coerce seafarers into entering agreements for legal or consultancy services and who charge up to 60% of the total monetary award amount.”
That is totally unfair because life at sea is never smooth sailing. Once you board a marine vessel, expect a life full of sacrifice and hardships. In a book entitled ‘Migrants’ Stories, Migrants’ Voices Volume 3’ by the Philippine Migrants Rights Watch (PMRW), Charles Pe recounts the challenges he faced as a seafarer such as being homesick, working over 24 hours nonstop during emergencies; cultural differences; not permanent employment; and being hostage by pirates. Here’s the link of the book which PMRW put online.
What more if an unfortunate event or accident happens? Where does it leave the seaman’s dependents? And it would be a struck of bad luck once an ambulance chaser enters the scene. This is the reason the ‘Seafarers Protection Act’ was pushed.
In order to get the monetary claim or benefit, the cause of the injury or death should be “work-related or occurred during his term of employment in the vessel,” the Consolidated Training System Inc. says. This is a start of legal battle between two parties: the seaman and his lawyer vs. the manning agency and employer.
Jim Walker, a maritime lawyer in Miami, has a different view on the matter in his article titled ‘Screwing Filipinos & Imprisoning Lawyers: Seafarers “Protection Act” Protects Cruise Line Employers.’ Besides prejudiced lawyers, there are unjust manning agencies and employers that only care about their money. Walker tells how these two entities dodge their responsibilities:
Manning agencies and cruise line employers are increasingly refusing to acknowledge that the injuries and illness suffered by crew members are “work-related”…Crew members must submit to an examination of a single doctor, retained by the employer…Company doctors are known to work with an eye toward pleasing the employer and its lawyers, at the detriment of the injured seafarer. Even when a crew member receives an award by the National Labor Relations Commission (NLRC), maritime employers often choose to appeal the award and seek a deduction.
What a sad, sad truth.
Furthermore, they could also contest for a deduction on the monetary claim or benefit, or worse, they may file a lawsuit citing the ‘Seafarers Protection Act.’ Turning tables, aren’t we?
Let us draw points from the bill itself. First, under the ‘Coverage’ section, it applies “to all Filipino seafarers, and their heirs, to any person who engages in ambulance chasing, personally or through an agent…” Wait, it also penalizes the seafarers and their family? What if they were just coerced into submission? Because once proven “guilty”, they will be fined of “not less than fifty thousand pesos (P50, 000.00) but not more than one hundred thousand pesos (P100, 000.00), or by imprisonment of one year (1) but not more than two (2) years, or both fine and imprisonment.”
How can our seafarers avoid being “victimized” by this law? They should be aware, under the bill’s ‘Compliance’ section, that “the person who appears for or represents seafarer or his/her heirs shall not exceed 10% of the compensation benefit awarded to the seafarer or his/her heirs”. They should also know about “ambulance chasing” lawyers that are out there to get them. One of the solutions UK P&I Club came up is to introduce this during the Pre-departure Orientation Seminar (PDOS). Also, shipping companies in the Philippines and abroad must operate in good faith for the welfare of their seafarers.
An article brought to you by NSMS, an agency that provides manning to shipping companies.
0 comments:
Post a Comment