Disability due to accident

Is the injury suffered by the seafarer the result of an “accident” thereby entitling him to higher disability benefits under the collective Bargaining Agreement (CBA)?

This is the question posed in the April 23, 2014 case of “Carlo F. Sunga v. Virjen Shipping Corporation, Nissho Odyssey Ship Management Pte. Ltd., and Capt. Angel Zambrano” which was decided by the Supreme Court under G.R. No. 198640.

The seafarer in this case, a member of the Associated Marine Officers’ and Seamen’s Union of the Philippines (AMOSUP), entered into a contract of employment as Fitter on board an ocean-going vessel for nine (9) months.  His employment was covered by a collective bargaining agreement (CBA) executed between AMOSUP and his employers.

One time, while on board, the seafarer had to lift a 200-kilogram globe valve from the lower floor of the engine room to its installing position.  As it was being positioned, one of the oilers lost his grip of the valve, thus, causing its whole weight to crash on the seafarer.  At that point, he felt his back snap.  Since then, he started to experience pain which led him to request for repatriation which was accordingly granted.

Reporting to the company-designated doctor, the seafarer underwent medical examination and was issued medical certificates: the first, recommending a Grade 8 disability based on the POEA-Standard Employment Employment Contract (SEC), and the second, a disability grading of 25% in accordance with the CBA.  His employers offered the amount of US$16,795.00 as full settlement for his disability benefits based on the POEA-SEC but he rejected it and demanded that his benefits be based on the disability grading of 25% based on the CBA.  His employers claimed that he failed to present any proof that his disability was the result of an accident and it was simply an illness r an anatomical defect.

The arbiter and the NLRC ruled in favor of the seafarer, basing his disability benefits on the CBA.  The Court of Appeals ruled otherwise and applied only the POEA-SEC, noting that the back injury which the seafarer suffered was reasonably anticipated since carrying heavy objects can cause injury and that lifting and carrying heavy objects are part of his duties as Fitter.  There was no mishap, occurrence or fortuitous event when the injury was incurred.

The Supreme Court affirmed the rulings of the arbiter and the NLRC and found that the seafarer’s injury was the result of the accidental slippage in the handling of the 200-kilogram valve based on circumstantial evidence.  the High Court observed that the seafarer did not incur the injury while solely performing his regular duties but an “intervening event transpired,” i.e., when the oiler lost his grip of the valve, which brought upon the injury on the seafarer.  Such an incident cannot be considered foreseeable nor can it be reasonably anticipated.

The duty of the seafarer here was not to routinely carry a 200-kilogram valve singlehandedly, but only to change the valve.  An “accident” therefore, pertains to an unforeseen event in which no fault of negligence attaches to the defendant.  As defined in Black’s Law Dictionary, “accident” is “an unintended and unforeseen injurious occurrence; something that does not occur in the usual course of events or that could not be reasonably anticipated.”  As such, the seafarer’s disability benefits fall within the Collective Bargaining Agreement (CBA) coverage, which provides that “A seafarer who suffers permanent disability as a result of an accident whilst in the employment of the Company shall be entitled to compensation according to the provisions of this Agreement.”   

#Article of Atty. Augusto R. Bundang of SVBB Law orignally published in the Tinig ng Marino July August 2014 issue. 

The Case of the Missing Doctor’s Declaration

The company-designated physician is duty-bound to timely issue to a repatriated sick or injured seafarer a declaration/ certification on his fitness for sea-service or a final disability assessment. Failure to do so would give rise to the conclusion that the seafarer’s disability is total and permanent.

In the case of Dario A. Carcedo (substituted by his wife Priscilla Carcedo) vs. Maine Marine Philippines, Inc. and/or Ma. Corazon Geuse-Songcuya (G.R> No. 203804, April 15, 2015), Carcedo, the seafarer, was medically repatriated due to a wounded foot. After his right big toe was amputated, the company-designated doctor recommended an impediment disability grading of 8 percent loss of the toe. Unfortunately, the suffering of Carcedo did not end as he again underwent medical procedure on his foot. He then sued for total and permanent disability benefits, sickness allowance and other damages. In the meanwhile, a doctor of his choice again operated of him and removed a secont toe. 

The arbiter supported the company-designated doctor’s findings while the NLRC, on appeal, awarded the Carcedo full disability benefits. The Court of Appeals however, upheld the 8% disability grading made by the company-designated physician in accordance with the CBA. Before the Supreme Court, Carcedo’s position was sustained and he was awarded the full disability compensation.

The Supreme Court made it clear that the seafarer’s right to disability benefits is governed not only by the Collective Bargaining Agreement and the POEA-Standard Employment contract enterd into by the parties, but also the provisions on disability of the Labor Code and the Amended Rules on Employee Compensation (AREC) implementing Title II, Book Code concept of permanent total disability applies to seafarers whereby it is not the injury which is compensated in a disability compensation matter, but rather the incapacity to work resulting in the impairment of one’s earning capacity.

The High Court pointed out that the declaration/ certification of the company-designated physician as to (a) the fitness of the seafarer to engage in sea duty or (b) his final disability assessment, during the 120-day or 240-day treatment period allows the employer to determine whether the seafarer is fit for sea duty or permanently disabled and the degree of such disability. The absence of such declaration/ certification transforms the temporary total disability status of the seafarer to permanent total disability, regardless of the disability grade. Thus, citing the case C.F.Sharp Management vs. Joel D. Taok (G.R. No. 193679, July 18, 2012), a seafarer may sue for total and permanent disability benefits if, among others, (1) the company-designated physician failed to issue said declaration even after lapse of the 120-day period and there is no indication that further medical treatment would address his temporary total disability hence, justify an extension of the period to 240 days, and (2) 240 days had lapsed without any certification being issued by the company-designated physician.

The Supreme Court found the 8% disability grading assessment of the company-designated physician to be merely an interim one and not final since Carcedo continued with his medical treatments beyond the 120-day period and the extended temporary disability period of after 120-day period but less than 240 days. No definitive impediment rating of Carcedo’s disability was ever given. In the same token, the said 8% disability grading assessment did not include a certification of the seafarer’s fitness for sea duty, which ought to be the job of the company-designated physician.

#Article of Atty. Augusto R. Bundang of SVBB Law orignally published in the Tinig ng Marino July August 2015 issue.  

The Employers’ Joint & Solidary Liability

What is the liability of the foreign principal and the manning agent for any and all claims arising out of an employer-employee relationship or by virtue of any law or contract involving a seafarer?  It is “joint and several”, according to the case of Sealanes Marine Services, et al. v. Arnel G. dela torre” which was decided by the Supreme Court last February 18, 2015.  “Joint and several liability”, in simple terms, is a form of liability where a creditor may hold answerable any of his debtors for his entire claim.

In said Sealanes case, the seafarer was hired as able seaman by a local manning agent in behalf of its foreign principal.  Unfortunately, the seafarer figured in an accident on board and injured his lower back thus, necessitating his medical repatriation.  The company-designated doctor assessed him with a Grade 11 disability and was informed of the same only after 240 days since his accident.  As such, the seafarer filed a disability claim, among others.  His claim was granted by the Arbiter and sustained by the NLRC, the Court of Appeals and the Supreme Court.

The High Court noted that under Section 10 of Republic Act No. 8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995”, as amended by Section 7 of Republic Act No. 10022, the liability of the principal and the recruitment agency for all claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damage, shall be joint and several.  Such liability which shall be incorporated in the overseas employment contract, shall be a condition precedent to the contract’s approval, and shall continue during the contract’s entire duration.

The performance bond filed by the recruitment agency shall answer for all money claims or damages that may be awarded to the worker.  This being the case, the Supreme Court pointed out in the earlier case of Varorient Shipping Co., Inc. v. NLRC (G.R. No. 164940, November 28, 2007) that even the certificate of non-forum shipping filed by a manning agent in a court case is sufficient to cover and benefit its foreign principal.  The POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers (POEA Rules) ordain that the local manning agent is solidarily liable for every obligation that the foreign principal may incur against the local worker.  The foreign principal does not have any capacity to act in the Philippines unless through its accredited local manning agent.

Significantly, if the recruitment agency is a juridical being, the corporate officers and directors shall also be jointly and solidarily liable with the corporation.  The High Court added that every applicant for a license to operate a seafarers’ manning agency shall, in the case of a corporation, submit a written application together with, among others, a verified undertaking by officers, directors, and partners that they will be jointly and severally liable with the company over claims arising from employer-employee relationship.  The POEA Rules so provide for this as pointed out in the Varorient case.  Each of the solidary debtors, insofar as the creditor is concerned, is the debtor of the entire amount; it is only with respect to his co-debtors that he is liable to the extent of his share in the obligation. 

*article written by SVBB Senior Partner Atty. Augusto Bundang originally published at Tinig ng Marino 

Improper Quitclaim

        

  Can the receipt by a seafarer of an amount less than the sickness wages and reimbursement of medical expenses he is entitled to be valid?  The Honorable Supreme Court categorically answered this question in the negative in the case of Varorient Shipping Co., Inc. and Asia Maritime Co., Ltd. vs. Gil A. Flores (646 Phil. 570).

            In the cited case, the seafarer was hired by his employers in April 1997 as Chief Officer to work onboard a foreign vessel.

            Just two months from the time he boarded his ship, he experienced a shooting pain on his right foot.  After being declared “not fit to work” by the doctor who attended to him abroad, he was repatriated to the Philippines in June 1997.

            His employers’ company-designated physician found him to be suffering from “large disc herniation with nerve root compression and edema,” and thus, was recommended for confinement for two weeks for physical therapy and medications.

            If unresolved, surgical decompression was suggested.  Unfortunately, his employers refused to grant him continued medical assistance.  He then sued, demanding medical treatment and seeking reimbursement of his medical and hospital expenses as well as payment of sickness wages, disability compensation, and damages.

            The Labor Arbiter dismissed his complaint, noting among others, that he was declared “fit to work” not only by the Philippine General Hospital which he chose, but also by the Employees Compensation Commission to which his condition was endorsed by the Arbiter.

            The Receipt and Quitclaim he executed in favor of his employers wherein he considered the sum of US$1,010.00 as full payment of his salaries and benefits was also held to be valid by the Arbiter.

            The NLRC reversed the decision of the Arbiter, except for the issued of disability compensation, and found the seafarer to be entitled to sickness wages equivalent to 120 days (US$4,800.00 less the US$1,010.00 he already received) and free medical and hospital treatment in accordance with the Standard Employment Contract.

            The Court of Appeals affirmed the NLRC decision with minor modification.

            The Supreme Court likewise affirmed the Court of Appeals’ decision and ruled that the employers were remiss in giving continuous treatment for the seafarer.  The High Court clarified that the seafarer should be reimbursed the cost of the prescribed medicines he purchased and the surgical expenses he incurred.

            As for the Receipt and Quitclaim signed by the seafarer, the High Court explained that the elements of voluntariness and free will are lacking and do not absolve the employers from the liability of paying him the sickness wages and other monetary claims.

            Citing More Maritime Agencies, Inc. v. NLRC (366 Phil 646 (1999), the Court said that the law does not consider as valid any agreement to receive less compensation than what a worker is entitled to recover nor prevent him from demanding benefits to which he is entitled.

            It is never enough to assert that the parties have voluntarily entered into such a quitclaim.  The following must likewise exist: (a) there was no fraud or deceit on the part of any of the parties, (b) the consideration of the quitclaim is credible and reasonable; and (c) that the contract is not contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law.

            The Court recognized that the Receipt and Quitclaim show that the seafarer would be releasing his employers from all claims in an all-encompassing manner, including the fact that he had not contracted or suffered any illness or injury in the course of his employment and that he was discharged in good health, which stipulations placed the seafarer in a disadvantageous position vis-à-vis his employers.   

*article written by SVBB Senior Partner Atty. Augusto Bundang originally published at Tinig ng Marino (March to April 2011 issue) 

96th anniversary of the Apostleship of the Sea (AoS)

The Apostleship of the Sea (AoS) celebrated last October its 96th anniversary in a mass in Batangas City, Philippines.

A Catholic church organization, it is also sometimes known as Stella Maris (Star of the Sea), and its patron is the Virgin Mary as Our Lady, Star of the Sea. Founded in Glasgow, Scotland in 1920, . AoS provides practical and pastoral care, welfare services and advice, and friendship to all seafarers, regardless of nationality, belief or race through its port chaplains and volunteer ship visitors in more than 200 ports and more than 60 countries around the world.

Life at sea means long periods of separation from family and community. Globalisation has meant fierce competition, low wages and in some cases harsh working conditions. Apostleship of the Sea, through its chaplains and seafarers centres, works in solidarity with all those whose lives depend on the sea offering them hospitality and pastoral care.

The Apostleship of the Sea has port chaplains and seafarers centres at various ports around the world in over 60 countries including Angola, Australia, Belgium, Benin, Brazil, Cameroon, Canada, Chile, Colombia, Congo, Croatia, Democratic Republic of the Congo, Ecuador, France, Gabon, Germany, Ghana, Gibraltar, Great Britain, Hong Kong, India, Ireland, Italy, Ivory Coast, Japan, Kenya, Korea, Madagascar, Malta, Mauritius, Morocco, Netherlands, New Zealand, Nigeria, Pakistan, Perú, Philippines, Poland, Russia, Senegal, Seychelles, Singapore, South Africa, Spain, Sri Lanka, Thailand, UAE, Ukraine, Uruguay and USA. .

In the Philippines, AoS has presence in Manila, Batangas, La Union, Cebu, General Santos City, Cagayan de Oro, Iligan, and Bohol. 

The AoS anniversary was celebrated after the 21st  National Seafarers Day (NSD) last September 25, 2016 and the   #AHOY Training and Immersion Course organized by the International Christiian Maritime Association (#ICMA)     from Sept. 24 – Oct. 2 2016 in Manila that allowed participants (ship visitors and port based welfare providers) to gain a first-hand knowledge of #Filipinoseafarers’ social and cultural background and other institutions in the Filipino maritime sector.

Death benefits of Filipino seafarers

A job of a seafarer is not exactly a walk in the park.  Away from his family and working on board vessels sailing non-stop for weeks or months the world’s oceans, he is mentally and emotionally stressed. He performs duties and responsibilities as instructed or as necessary.

What makes the job more difficult, aside from exposure to fluctuating temperatures caused by variant weather changes, of extreme hot and cold as the ships cross ocean boundaries, not to mention harsh weather conditions,  the job obviously entails laborious manual tasks conducted in a moving ship, which makes them vulnerable to  increased work-related stress. In some instances, a seafarer unfortunately dies due to illness or injury. The shipping industry and seafaring  profession are likewise  not without incident or peril. There are  maritime disasters that result in the loss of life of and injury to Filipino seafarers .

Under an employment contract duly approved by the Philippine Overseas Employment Administratio (POEA), in the case of work-related death of the seafarer, during the term of his contract,  the employer shall pay his beneficiaries the Philippine Currency equivalent to the amount of Fifty Thousand US dollars (US$50,000) and an additional amount of Seven Thousand US dollars (US$7,000) to each child under the age of twenty-one (21) but not exceeding four (4) children, at the exchange rate prevailing during the time of payment.The amount usually is higher if the death is covered by a Collective Bargaining Agreement (CBA)

Case law explains that "the words 'arising out of' refer to the origin or cause of the accident, and are descriptive of its character, while the words 'in the course of' refer to the time, place, and circumstances under which the accident takes place. As a matter of general proposition, an injury or accident is said to arise 'in the course of employment' when it takes place within the period of the employment, at a place where the employee reasonably may be, and while he is fulfilling his duties or is engaged in doing something incidental thereto."

Under  the 1996 POEA Standard Employment Contract (SEC),  for disability or death to be compensable,  it was sufficient that the seafarer suffered injury or illness during the term of his employment.  The cause of illness or death is immaterial.

However, through the lobbying of the principals and their  manning agencies, the restrictive clause “work-related”  was added under Section 20 (B) of the 2000 POEA SEC to limit their liabilities.   

The 2000 POEA SEC defined "work-related injury" as "injury(ies) resulting in disability or death arising out of and in the course of employment" and "work-related illness" as "any sickness resulting to disability or death as a result of an occupational disease listed under Section 32-A of the contract”.  Being included in the list is not enough, since  all of the following conditions must be satisfied: (a) the seafarer’s   work must involve the risks described; (b) the disease was contracted as a result of the seafarer's exposure to the described risks; (c). the disease was contracted within a period of exposure and under such other factors necessary to contract it;  and (d) there was no notorious negligence on the part of the seafarer.  These same definitions were reiterated in the 2010 POEA SEC.

Two elements must concur for an injury or illness to be compensable. First, that the injury or illness must be work-related; and second, that the work-related injury or illness must have existed during the term of the seafarer's employment contract. The first requirement  appeared in the 2000 and 2010 POEA SEC but is  absent in the 1996 version.

Through such restrictive provisions of the POEA SEC, claims for disability compensation  became a legal battleground, especially in instances   when seafarers do not  receive full compensation that are legally entitled to have. Such emergence of cases is attributable to the fact that  the seafarer’s  employer does not hesitate to harness its immense resources to limit its liability.

Nevertheless , in instances when  the  heirs are denied of the death benefits which led to the filing of cases. Courts are called upon to be vigilant in their time-honored duty to protect labor, especially in cases of disability or ailment. When applied to Filipino seafarer, the perilous nature of their work is considered in determining the proper benefits to be awarded. These benefits, at the very least, should approximate the risks they brave on board the vessel every single day. 

Part of the annual celebration of the National Seafarers Day (NSD) is the  " ECUMENICAL MEMORIAL RITE FOR THE DECEASED SEAFARERS".   Prayers are offered and flowers are thrown to the open seas  as families and friends pay homage  to them. The organizers said "The Flowers are the expression of the fragrance and beauty of love given and received. May this wreathe thrown into the sea carry to all the deceased  seafarers the message of our love and gratitude as we know that by the power of God there is no distance of time or oceans but a mutual waiting for our eternal reunion in peace. Dear departed seafarers, you have completed your final watch, now rest in peace."

AHOY training of the International Christiian Maritime Association (#ICMA)

#InternationalChristiianMaritimeAssociation (#ICMA)  delegates of   #AHOY Training and Immersion Course

The International Christiian Maritime Association (#ICMA)  held its #AHOY Training and Immersion Course  from Sept. 24 – Oct. 2 2016 in Manila that allowed participants (ship visitors and port based welfare providers) to gain a first-hand knowledge of #Filipinoseafarers’ social and cultural background and other institutions in the Filipino maritime sector.

ICMA  is a free association of 28 Christian not-for-profit organisations working for the welfare of seafarers.These twenty-eight organisations represent various Christian churches and communities. Each member organisation retains its independence and autonomy. ICMA defines seafarers as people who work in merchant shipping, fishing and on passenger ships. Through its members, ICMA currently represents 526 seafarers’ centres and 927 chaplains in 126 countries.

An initial survey of those attending the course in Manila estimates that between 70,000 – 100,000 Filipino seafarers a year are being served directly by this particular group of port based welfare workers.   Ship visiting, engagement with seafarers in seafarers’ centres, and providing communications and transportation are part of this daily interaction to benefit Filipinos and all seafarers away from home.

Philippine Overseas Employment Administration (POEA) data showed that there are 44L,826  Filipino seafarers with POEA approved contract deployed in 2014. On the other hand, , the deployed seafarers in 2015 brought in US$5,792,459,000 as dollar remittances. The seabased sector’s remittance comprise at least 22% of the total dollar remittances of Overseas Filipino Workers (OFWs). However, away from his family and working on board vessels sailing non-stop for weeks or months the world’s oceans, the Filpino seafarer is physically, mentally and emotionally stressed. Constantly exposed to fluctuating temperatures caused by variant weather changes of extreme hot and cold as the ships cross ocean boundaries, not to mention harsh weather conditions, the risks of his getting killed, injured or ill are high.

The  cultural immersion course in Manila aimed to provide welfare workers with a with the opportunity to learn more about the world of Filipino seafarers for a better informed perspective for improving services to all Filipino seafarers in their care .

The author delivered a lecture on different legal matters of the Filipino seafarers which basically involves five issues : illegal recruitment, illegal dismissal, non-payment and underpayment of salaries and wages, disability benefits due to injury or illness and death  benefits. Other speakers include Archbishop of Manila Luis Antonio Tagle,  and from the public and private  sectors. 

Participants likewise attended the 21st National Seafarers Day and  visited various dormitories and the Luneta Seafarers Welfare Foundation (LUSWELF) in kalaw, luneta. 

 ICMA members render welfare services to  many Filipino seafarers   nothwithstanding the 2015 report of the  Baltic and International Maritime Council (BIMCO) and the International Chamber of Shipping (ICS) on the manpower situation in the global shipping industry.  Globally, there are 1,647,500 seafarers inclusive of both officers and ratings.  Despite the large number Filipino ratings, the country only ranks number two—next to China—as the world’s largest provider of seafarers across all ranks.China is now ranked as number one supplier of officers while the Philippines is the top source for ratings.

The list of participants came from the following organizations  in various ports:

1. Apostolatus Maris / Apostleship of the Sea (AM / AOS) - United Kingdom, Thailand, Spain, Brazil, Uruguay, Ukraine, Japan, Philippines

2. Biblia Harbour Mission - South Africa

3. Danske Sømands- og Udlandskirker - 

2,. Deutsche Seemannsmission e.V. (DSM) German Seaman Mission - Brazil, Germany, United Kingdom, Hongkong, Greece

3. Mission to Seafarers (MtS) - Australia, Brazil, Belgium, Canada, USA, New Zealand, South Africa, USA, India, Japan

4. North American Maritime Ministry Association (NAMMA) - Canada, USA, 

5. PCT Seamen’s/Fishermen’s Service Center - Taiwan

6. Sailors’ Society - Brazil, Philippines 

7. Scalabrini International Migration Network (SIMN) - USA

8. Seemannsmission der Nordkirche - Germany

9. Seafarers Welfare Association - India

10. International Seafarers Welfare Assistance Network  (ISWAN) - Philippines

Apostolatus Maris / Apostleship of the Sea (AM / AOS) -  Philippines

Apostolatus Maris / Apostleship of the Sea (AM / AOS) - United Kingdom, Thailand, Spain, Brazil, Uruguay, Ukraine, Japan, 

Seemannsmission 

Mission to Seafarers (MtS) - Australia, Brazil, Belgium, Canada, USA, New Zealand, South Africa, USA, India, Japan

North American Maritime Ministry Association (NAMMA) - Canada, USA, 

Sailors’ Society - Brazil, Philippines 

PCT Seamen’s/Fishermen’s Service Center - Taiwan

Danske Sømands- og Udlandskirker - 

Biblia Harbour Mission - South Africa

Seafarers Welfare Association - India

Ilonggos dominates Ten Outstanding Maritime Students of the Philippines (TOMS)

Four Ilonggo-speaking maritime students dominated this year’s list of Ten Outstanding Maritime Students of the Philippines (TOMS) were presented during the 21st National Seafarers Day (NSD)   celebration last September 25, 2016 at the SMX Mall of Asia  in Pasay.

The four students are :

1. Prince Noel C. Cainap of  John B. Lacson Colleges Foundation-Bacolod (Marine Transportation)

2. Prince Nani A. Co  John B. Lacson Foundation Maritime University-Molo (Marine Engineering)

3. John Carl T. Tagulalap  John B. Lacson Foundation Maritime University-Arevalo  Marine Transportation)

4 . Sabrina Mccoy Villaruz  Colegio De La Purisima Concepcion (Marine Transportation) 

The chosen. ones are seen as the embodiment of the "ideal seafarer," displaying "integrity, passion, assertiveness, dependability and camaraderie" that will allow them to become globally competitive Filipino seafarer. The other judges include Atty, Dennis R. Gorecho of the Sapalo Velez Bundang Bulilan law office, , Fr.Paolo Prigol of the Apostleship of the Seas (AOS), Capt. Rodolfo Estampador, chairman of the Conference of Maritime Manning Agencies, Engr. Mike Marasigan formerly of the Professional Regulatory Commission, and Aris Gamboa of Western Union.

This year's  panel interview for the annual search  started at 830am and finished at 7:30pm as 34  hopefuls  were given 15 minutes each to answer the questions propounded by the judges. . The nationwide search started in 2011 and gave recognition to students for being academically excellent, highly competent in practice, in good moral standing and active in their respective communities. 

 Former president Fidel V. Ramos earlier issued on July 9, 1996 Proclamation No. 828 declaring August 18 as National Seafarers Day wherein  the Apostleship of the Sea (AOS) Philippines was tasked to coordinate with the public and private sector in   activities related to the celebration of said event. The purpose of the Proclamation is to give due recognition to the vital role of Filipino seafarers towards the development of the Philippines as a maritime country. Later,  Proclamation No.1094 was issued in 1997 by President Ramos which moved NSD    to every  last Sunday of September every year.  This year 's NSD theme is "MARINONG PILIPINO: TATAK NG KAHUSAYAN!" 

Philippine Overseas Employment Administration (POEA) data showed that there are 44L,826  Filipino seafarers with POEA approved contract deployed in 2014. On the other hand, , the deployed seafarers in 2015 brought in US$5,792,459,000 as dollar remittances. The seabased sector’s remittance comprise at least 22% of the total dollar remittances of Overseas Filipino Workers (OFWs). These remittances help spur domestic consumption in the  Philippines  and a key ingredient in the country’s drive to achieve higher but sustainable growth. Filipino seafarers are the top choice in the international maritime industry because of their industry, compassion, resilience and good grasp of the English language.

Father Paulo Prigol, chaplain of  AOS Manila said in the SAMBUHAY missalette: "The seafaring profession, by its nature, is marked by circumstances that create ‘abysses’ like family separation and isolation, lack of communication, travelling the world but being seldom at home, being considered or called ‘one day millionaire’, etc. thus, to cross this abyss seafarers and their families need support, or using the maritime language, a compass. The compass gives direction....The compass brings the ship and her crew members to the port of destination...The faith and courage of Juan’s family and millions of other families were tested next to the extreme, but like Lazarus, they never gave up and kept sailing till safe shores." 

The other  2016 TOMS  are: 

1. Mark Kelvin C. Abarado Marine Transportation Maritime Academy of Asia and the Pacific

2. Andre’ Chad C. Acosta  Maritime Academy of Asia and the Pacific (Marine Transportation) 

3. Jan Carlo A. Carpio  Southwestern University-Maritime Regiment (Marine Transportation )

4. Manasseh M. Disto  University of Cebu-Lapu lapu and Mandaue (Marine Engineering) 

5. Juelle Jade B. Espiritu  Maritime Academy of Asia and the Pacific (Marine Transportation)

6. John Marwin D. Palma Technological Institute of the Philippines-Manila (Marine Transportation) 

Atty. Dennis R. Gorecho  is a graduate of UP College of Law (1998)  and  is currently a junior partner of Sapalo Velez Bundang Bulilan (SVBB) law offices  who heads the seafarers’ division. He is a  speaker on  nationwide paralegal seminars on  seafarers rights.  He is presently the executive vice president of the Maritime Law Association of the Philippines (MARLAW),  and an active  member of the Maritime Forum Inc. , the National Seafarers Day (NSD) committee and International Pro Bono Network. The SVBB law works hand in hand with various seafarers welfare  organizations such as the Apostleship of the Seas (AOS) Philippines, Luneta Seafarers Welfare Foundation (LUSWELF), International Seafarers Welfare Assistance Network (ISWAN) and United Filipino Seafarers (UFS) . He is a legal commentator on maritime issues on print, radio and TV. A co-anchor of the radio program Bantay OCW Usapang Marino aired over Radio Inquirer/ DZIQ every Wednesday 10:30am to 12noon. For comments, please send  email  at info@sapalovelez.com or call  09175025808/ 09088665786.