Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaSixteenth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.
REPUBLIC ACT No. 10706
AN ACT PROTECTING SEAFARERS AGAINST AMBULANCE CHASING AND IMPOSITION OF EXCESSIVE FEES, AND PROVIDING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. This Act shall be known as the “Seafarers Protection Act”.
SECTION 2. Declaration of Policy. — It shall be the policy of the State to promote and protect every Filipino seafarer desiring to work overseas by securing the best possible terms and conditions of employment. As some unscrupulous individuals have taken advantage of the plight of our seafarers who met an accident, illness or death in the course of their service by exploiting the compensation system, our seafarers have fallen prey to an unfair scheme where ambulance chasers charge exorbitant fees, with the promise of huge monetary award. Towards this end, such practice shall be declared unlawful.
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Republic Acts
Seafarers Protection Act
Republic Act No. 10706
Summary of the Seafarers Protection Act
Declaration of Policy (Section 2):
- Promote and protect Filipino seafarers working overseas by securing the best employment terms and conditions.
- Prohibit the exploitation of seafarers by unscrupulous individuals charging exorbitant fees for compensation claims.
Prohibition on Ambulance Chasing (Section 3):
- It is unlawful for any person to solicit seafarers or their heirs to pursue claims against employers for compensation arising from accident, illness, or death in exchange for a fee deducted from the awarded amount.
Imposition of Excessive Fees (Section 4):
- Fees charged by representatives in compensation cases before labor authorities shall not exceed 10% of the awarded amount.
- Fees refer to the total compensation for services rendered.
Penalties (Section 5):
- Violators of Section 3 shall be fined between P50,000.00 and P100,000.00, or imprisoned for 1 to 2 years, or both.
- The same penalties apply to those in collusion with violators.
Implementing Rules and Regulations (Section 6):
- The Secretary of Labor and Employment, in coordination with MARINA and POEA, shall promulgate the necessary rules and regulations within 90 days of the Act's approval.
Repealing Clause (Section 7):
- All laws, orders, issuances, decrees, rules, and regulations inconsistent with this Act are repealed or modified accordingly.
Effectivity Clause (Section 8):
- This Act shall take effect 15 days after its publication in the Official Gazette or in at least two newspapers of general circulation.
Declaration of Policy (Section 2):
- Promote and protect Filipino seafarers working overseas by securing the best employment terms and conditions.
- Prohibit the exploitation of seafarers by unscrupulous individuals charging exorbitant fees for compensation claims.
Prohibition on Ambulance Chasing (Section 3):
- It is unlawful for any person to solicit seafarers or their heirs to pursue claims against employers for compensation arising from accident, illness, or death in exchange for a fee deducted from the awarded amount.
Imposition of Excessive Fees (Section 4):
- Fees charged by representatives in compensation cases before labor authorities shall not exceed 10% of the awarded amount.
- Fees refer to the total compensation for services rendered.
Penalties (Section 5):
- Violators of Section 3 shall be fined between P50,000.00 and P100,000.00, or imprisoned for 1 to 2 years, or both.
- The same penalties apply to those in collusion with violators.
Implementing Rules and Regulations (Section 6):
- The Secretary of Labor and Employment, in coordination with MARINA and POEA, shall promulgate the necessary rules and regulations within 90 days of the Act's approval.
Repealing Clause (Section 7):
- All laws, orders, issuances, decrees, rules, and regulations inconsistent with this Act are repealed or modified accordingly.
Effectivity Clause (Section 8):
- This Act shall take effect 15 days after its publication in the Official Gazette or in at least two newspapers of general circulation.