Musical tribute to Filipino seafarers

Music  plays a special role on Filipino seafarers’ life,  whether at sea or on land.

A sunset environmental concert  dubbed as Harana  by the Bay of the Philippine Coast Guard (PCG) symphony band  pays homage to the oceans and seas  to keep our Filipino seafarers safe in their voyage  

Harana  is part of the celebration of the 24rd National Seafarers Day led by the Apostleship of the Sea (AOS) Philippines and the 20th National Maritime Week.  

Harana was an exclusively nocturnal practice which gained popularity in the early part of the Spanish Period  that was widely practiced in many parts of the Philippines with a set of protocols, a code of conduct, and specific romantic  style of music. 

 Organized in  2000,  the  PCG band is composed   of  both junior and senior ranking non-commissioned officers who represented  the institution in the different parts of the country, be it for entertainment, advertisement and for keeping the PCG's vision, mission and primary functions thru musical entertainment.

It is also an understatement to say that karaoke is a central part of  pop culture of Filipinos , including   seafarers whether on board or in between contracts.

Karaoke is the clipped compound of Japanese kara (empty) and ōkesutora (orchestra)  that is an  interactive entertainment  in which an amateur singer sings along with recorded music  (or a music video)  using a microphone.

 Karaoke is indeed  a favorite past time of Filipino seafarers as one of the  coping mechanisms aboard international and domestic  shipping vessels to address stress and boredom.

The sea can’t stop the seafarers  in mastering the art of vocal mimicry from contagiously  belting out songs like the infamous “My Way.”

In between contracts,  Pinoy seafarers and maritime students  converging along Kalaw show their singing prowess through a weekly show organized by volunteers.

The Boses ng Marino Karaoke Challenge by the Luneta Seafarer's Welfare Foundation (LUSWEL:F)  was   included in the Pasiklaban  Musicfest of this year’s NSD  at the Asian Institute of Maritime Studies, followed by the battle of the bands.

 The Philippines is considered as the major supplier of maritime labor globally as it is estimated that there is one Filipino seafarer for every four to five complements on board a vessel at any time.

 The estimated 337,502 deployed Filipino seafarers in 2018  remitted  $6.14 billion or around P318.55 billion. The sea-based 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.

However, away from his family and working on board vessels sailing non-stop for weeks or months the world’s oceans, the Filipino 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, the risks of his getting killed, injured or ill are high.

Former president Fidel V. Ramos issued on July 9, 1996 Proclamation No. 828 declaring Aug. 18 as National Seafarers’ Day aimed at giving 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.

The Apostleship of the Sea (AOS) Philippines was tasked to coordinate with the public and private sectors in activities related to the celebration of said event.

This year’s NSD is set on September 29, 2019  with the  theme “ Marinong Filipino- Kababaihan: Palakasin sa Industriya!” in line with 2019  World Maritime Day theme ( Empowering Women in the Maritime Community).

The Sunday masses during the NSD all over the country are offered to the Filipino seafarers.

Other weeklong NSD activities nationwide led by AOS include memorial at sea, novenas, oratorical/art /photo contest, film showings, search for  the Ten Outstanding Maritime Students of the Philippines (TOMSP) and  the grand parade participated in by stakeholders.

 The NSD coincides with the National Maritime Week celebrated every last week of September spearheaded alternatively by the government agencies Maritime Industry Authority (MARINA), Philippine Coast Guard (PCG), and Philippine Ports Authority (PPA).

***

Atty. Dennis R. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786).

Seafarer as gender neutral term in maritime industry

In the recent decades, the word “seafarer” has replaced the word “seaman” in the male-dominated  maritime industry. The term “seaman” was widely used to describe anyone working at sea.

This is perhaps   due to the actions   of the  United Nations (UN) in promoting gender equality, women have been taking part in industries that once belonged to men, the maritime industry included.

The International Maritime Organization (IMO)  noted that  women represent only two percent of the world's 1.2 million seafarers while  94 percent of female seafarers are working in the cruise industry.

Within this historically male dominated industry, IMO  stressed that it has been making a concerted effort to help the industry move forward and support women to achieve a representation that is in keeping with twenty-first century expectations.

IMO Secretary General Kitack Lim earlier  said  that the maritime industry needs more women because of the quality work they provide.  He underscored that women are a very important source of human resources, which would make for safer sea travel.

In the Philippines, the  Maritime Industry Authority (MARINA)  has recorded 73,027 women seafarers or almost 10% of approximately one million Filipino seafarers issued with Seafarer’s Identification and Record Book (SIRB) as of December 2018. SIRB used to be known as Seaman’s Book.

Describing them as  “bolder and highly driven”,  seafaring women have a propensity for not backing down from offers for higher positions, although   some   bear the social cost of their profession, according to  Marissa Oca, founder and president of Gig and Amazing Sampaguita Foundation, Inc (GASFI).

In 1991, Republic Act (RA) 7192, or the Women in Development and Nation Building Act was passed that   mandates the integration of women in various industries, including  the military,  to make them on par with men in terms of development and nation-building.

The Philippine Merchant Maritime Academy (PMMA) then   started offering to women Marine Engineering (MarE), Marine Transportation (MT)  and other maritime courses  in 1993. Several maritime institutions followed thereafter.

Since it started in 2011, eight female students were awarded during the annual nationwide    search for the Ten Outstanding Maritime Students of the Philippines (TOMSP)   of the   National Seafarer’s Day (NSD).

The  search gave recognition to students for being academically excellent, highly competent in practice, in good moral standing and active in their respective communities.

 The chosen students 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.

Four female  winners came from the  Maritime Academy of Asia and the Pacific (MAAP), namely   Shiela May M. Diaz ( 2014,BS.MarE),  Shiela Mae R. Rosales (2015,BSMT) Nellyvette Claire B. Dela Cruz (2017,BSMT)  and Loren C. Negapatan (2017,BSMT)

Thaddea Pearl M. Hangad  (BSMT)  of University of Cebu, Lapu Lapu & Mandaue won in 2012.

Laarni Grace R. Pangilinan (BSMT) of Philippine Merchant Marine Academy(PMMA)-Zambales

won in 2013.

Sabrina Mccoy Villaruz (BSMT)  of  Colegio De La Purisima Concepcion-Roxas won in 2016

Janine H. Elican (BSMT) of  John B. Lacson Colleges Foundation- Bacolod won in 2017.

More women have recently filled officer positions such  the ranks of chief engineers or master mariners unlike in the past decades, women on board cruise ships were confined to the housekeeping and food and beverage departments.

Former president Fidel V. Ramos issued on July 9, 1996 Proclamation No. 828 declaring Aug. 18 as National Seafarers’ Day aimed at giving 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.

The Apostleship of the Sea (AOS) Philippines was tasked to coordinate with the public and private sectors in activities related to the celebration of said event.

The estimated 337,502 deployed Filipino seafarers in 2018  remitted  $6.14 billion or around P318.55 billion.

This year’s NSD is set on September 29, 2019  with the  theme “ Marinong Filipino- Kababaihan: Palakasin sa Industriya!” in line with 2019  World Maritime Day theme ( Empowering Women in the Maritime Community) in support of Sustainable Development Goal (SDG) #5 which is to achieve gender equality and empower all women.

The Sunday masses all over the country are offered to the Filipino seafarers.

Other weeklong NSD activities nationwide led by AOS include novenas, oratorical/art /photo contest,  Concert by the Bay, karaoke challenge, and  the grand parade participated in by stakeholders.

***

Atty. Dennis R. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786).

Filipino Seafarers as disciples of the church : 24th National Seafarers Day

Manila Archbishop Luis Antonio Tagle has acknowledged the role of  seafarers, Filipino mariners in particular, in propagating the teachings of the church, and  not merely major contributors to the country’s economic growth.

Speaking during the holy mass of the 24^th National Seafarers Day (NSD) at the Paco Arena, Tagle noted that Church has always been interested in seafarers since Christ first gathered his fishermen-disciples around him who later  disseminated his teachings.

Andrew, Peter, James and John, the sons of Zebedee, were fishermen.  The bible relates that Andrew and Peter were fishing, plying their trade when called, and James and John were mending nets with their father. The bible also  states that James and John  weren’t just fishermen, but business owners, along with their father, for they employed others in the business.

Thomas and Philip may have also worked as fishermen, for they were all together and fishing when Jesus appeared to them following his resurrection.

Tagle also earlier noted in a previous NSD celebration that Filipino seafarers  are  ‘saint potentials’.  The archbishop was referring to Saint Lorenzo Ruiz and San Pedro Calungsod as he noted that these two martyrs of the Philippine Catholic Church were seafarers and missionaries at the same time before they became saints. He added that Ruiz and Calungsod sailed to other countries and died for a mission: “to teach the Good News.

He likewise reminded the faithful not to be blinded and numb by comfort, wealth and luxury.

“As we strive to make our lives better, may this not lead us to forgetting our roots, neglecting those who need our help. Real progress also means progress in sympathizing and helping our fellowmen. But if it leads us to becoming numb and blind to the needs for others, then you cannot call it real progress,” Tagle stressed.

The estimated 337,502 deployed Filipino seafarers in 2018  remitted  $6.14 billion or around P318.55 billion. The sea-based sector’s remittances 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.

“If you are already well-off and live a comfortable life and you deny the Philippines and forget where you came from, that is not progress. That is regression. That is not the attitude of an upright person. And that is not the kind of Filipino I know,” Tagle added.

Tagle underscored that the pain brought by separation is a sign of  the seafarer’s  love, strength, and faith for the good of his  family and the country.

"Even if you feel pain when you leave your family and your country, that suffering is not a reason for you to be ‘paralyzed,’ but inspire you to strive for more,” said Tagle adding  that their hardships will not weaken them but make them even stronger.

The Philippines is considered as the major supplier of maritime labor globally as it is estimated that there is one Filipino seafarer for every four to five complements on board a vessel at any time.

 Former president Fidel V. Ramos issued on July 9, 1996 Proclamation No. 828 declaring Aug. 18 as National Seafarers’ Day aimed at giving 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.

The Apostleship of the Sea (AOS) Philippines was tasked to coordinate with the public and private sectors in activities related to the celebration of said event. The Sunday masses all over the country were offered to the Filipino seafarers.

This year’s NSD was set on September 29, 2019  with the  theme “ Marinong Filipino- Kababaihan: Palakasin sa Industriya!” in line with 2019  World Maritime Day theme ( Empowering Women in the Maritime Community).

Other weeklong NSD activities nationwide led by AOS include the grand parade participated in by stakeholders,  memorial at sea, novenas,  and the search for  the Ten Outstanding Maritime Students of the Philippines (TOMSP) as well as oratorical, art, photo and singing contest ..

The NSD coincides with the National Maritime Week celebrated every last week of September spearheaded alternatively by the government agencies Maritime Industry Authority (MARINA), Philippine Coast Guard (PCG), and Philippine Ports Authority (PPA).

***

Atty. Dennis R. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786).

West Philippine Sea and the 2019 Ten Outstanding Maritime Students of the Philippines

The West Philippine Sea issue was one  of  the questions I asked to the  aspirants for the 2019 Ten Outstanding Maritime Students of the Philippines (TOMSP) in line with the 24^th National Seafarers Day (NSD).  

 They were also asked what single personal item they will save if they were on board the damaged  Filipino fishing boat FB Gem-VIR  that  a Chinese vessel rammed on June 9, 2019 near the Reed (Recto) Bank.

Some of the answers given cellphone, rosary, bible, family pictures, and notebook with prayers.

Out of the 25 hopefuls, the following students were declared the winners: D/C Ma. Toiza Boriba Gorantes and  D/C Ryan Anthony Bretana  both from John B. Lacson Foundation Maritime University (JBLFMU)  Arevalo;   E/C Peter Matthew Bibera of JBLFMU Molo  and  D/C John Kevin Buenaventura  and D/C Zayber Araya of John B. Lacson Colleges Foundation (JBLCF Bacolod). D/C Keith Aiken Pajarillo and D/C Aldrin Ulep both of  Maritime Academy of Asia and the Pacific – IMMAJ Campus;  D/C Christian Khen Torreliza of  Baliwag Maritime Academy; D/C William Catacutan of  University of the Visayas ( UV Main Campus) and E/c Dustin Ryan Veridiano, of University of Cebu (Lapu Lapu/Mandaue).

The chosen students 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  search gave recognition to students for being academically excellent, highly competent in practice, in good moral standing and active in their respective communities.

From 2011 to 2019, ninety students have received   the TOMSP award.

The largest number of winners came from  JBLCF – Bacolod with fifteen students.

They are followed by   eleven students from  Maritime Academy of Asia and the Pacific (MAAP) IMMAJ Campus   and another eleven  11 from  from  MAAP CGSO  campus.

Ten winners came from JBLMU– Arevalo.

Seven students came from Philippine Merchant Marine Academy (PMMA)-Zambales while another seven came from University of Cebu (UC) – Lapu Lapu and Mandaue.

Five students came from JBLMU – Molo.

Four students came from Mariners’ Polytechnic Colleges Foundation.

Three students each came from Asian Institute of Maritime Studies (AIMS), Technological Institute of the Philippines (TIP) Manila and  DMMA College of Southern Philippines.

Two students came from Malayan Colleges Laguna.

One student came from each of the following schools: Baliwag Maritime Academy, Colegio Dela Purisima Concepcion Roxas, Lyceum International Maritime Academy Batangas,   Manuel Enverga University Foundation, Inc.,  NAMEI Polytechnic Institute, Philippine Merchant Marine School (PMMS)  Las Pinas, Southwestern University Maritime Regiment, University of Perpetual Help System Dalta,  and University of the Visayas.

With this year’s NSD theme "Marinong Filipino-Kababaihan: Palakasin sa Industriya!", nine  female students were awarded since the TOMSP search begun in 2011 wherein four came from the MAAP , one each from University of Cebu, PMMA, Colegio De La Purisima Concepcion-Roxas, JBLCF Bacolod and latest winner   from JBLMU-Arevalo.

Higher maritime education usually consists of 4-year college degree programs for either marine transportation or engineering. Most commonly, the students go through a 4-year structure (3 - 1) which stipulates 3  years of academic study prior to onboard job training in the final year. An alternative approach is a 2 – 1 – 1 structure which schedules the onboard job training for the third year. After the one year job training, the students go back to school to finish their last year.

The almost 90 maritime schools annually produce some 40,000 graduates while a  2018  study by the Maritime Industry Authority (MARINA)  showed that an average of  about 18% of enrollees manages to complete the full academic three years.

Former president Fidel V. Ramos issued on July 9, 1996 Proclamation No. 828 declaring Aug. 18 as  NSD  aimed at giving 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.

The Apostleship of the Sea (AOS) Philippines was tasked to coordinate with the public and private sectors in activities related to the celebration of said event. The Sunday masses all over the country were offered to the Filipino seafarers.

***

Atty. Dennis R. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786).

DEADWEIGHT: accident , suicide, and seafarer's death compensation claims

 The   Finnish-German film  “Deadweight” dealt with  the legal question on the cause  of  a Filipino seafarer’s death that has a significant impact in  compensation claims. : whether he died  by accident or suicide.  

The movie by German filmmaker  Axel Koenzen Axel  explores the tough working conditions in the globalised shipping business.

Ahti Ikonen is the captain of a large 35,000-ton container vessel Brugge, which enters the port of Savannah behind schedule. As they are  under deadline pressure,  he violated regulations by ordering his crew to help the local dockworkers unload the cargo. Unfortunately, it  costs the  life of a Filipino seafarer James that threatens his career.  In the port of Rotterdam, Netherlands unionized dockworkers exploit the incident and refuse to unload the ship and called for a boycott.

In the film, the Filipino seafarer James was somewhat suffering from a depression as his request  for repatriation  was not granted even if his tenure was already beyond  that stipulated in the contract.  In a scene he was  shown with a head injury after the illegal lashing  and later     as a dead person.

The  film showed the discussion among the Filipino crew on what will be the tenor of their testimony surrounding James’ death.

If he died due to accident,   the heirs will be paid US$50,000.00 and an additional amount of US$7,000.00 to each child under the age of twenty-one (21) but not exceeding four (4) children under the POEA contract.  The amount usually is higher if the death is covered by a Collective Bargaining Agreement (CBA).

On the other hand, declaring the incident as suicide will save the owners large amount of payment for death benefits from the insurance companies.

The employer is liable to pay the heirs of the deceased seafarer for death benefits once it is established that he died during the effectivity of his employment contract. However, the employer may be exempt from liability if it can successfully prove that the seafarer’s death was caused by an injury directly attributable to his deliberate or willful act, including killing himself by committing suicide.

The investigators  concluded that James died by suicide due to illegal lashing  based on the testimony of the crew.

Studies identify  as most frequently cited factors  for seafarers’ suicide the  various work-related problems which  included conflicts among the crew, disciplinary problems, work pressure,  cancellation of shore leave, various mental health conditions, depression,  marital or girlfriend problems and  alcohol consumption.

I was elated to see my name in the credits of the film. In 2014, I was interviewed by  German filmmaker  Axel Koenzen on the different issues confronting the Filipino seafarers, including the perils of the profession like disability or death due to illness, injury or accidents.

Two years later, the film  had its world premiere at the 2016  Berlin International Film Festival.  

Deadweight is a measure of how much weight a ship can carry, or the sum of the weights of cargo, fuel, fresh water, ballast water, provisions, passengers, and crew.

The film was aptly described in the 9th Subversive Film Festival in  Zagreb, Croatia as “Axel’s  nautical piece which  deals with the exploitation of the nautical working class that makes the functioning of capitalistic efficiency possible. With an accentuated documentary approach,  through various observational methods the film speaks about responsibility, limitations, restrictions, which are symbolic of a time in which instructions are mediated through e-mail and  radio,  and reflect the essence of the global syndrome of mediated management - the shifting of responsibility that often falls on the lowest level executioner. The film has adapted, in its making, to the rhythm of the boat, while the author refuses to romanticize the hard and brutal working conditions of its crew.”

Deadweight had its Philippine premier last month  at the UP Film Center in Diliman. I suggested to Axel  that it be shown in schools and other venues in time for the National Seafarers Day celebration during the last week of September.

Atty. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786

The doctrine of Good Samaritan at Sea

The saga of our Filipino fishermen again resurfaced after  a Philippine fishing boat,  F/B GEM-VER,  partially sank  near Recto Bank midnight of June 9,  which involved a Chinese vessel.

Several versions later were aired, from the initial statement of the Filipino fishermen ( along with that of Defense Secretary Delfin Lorenzana)  that the  Chinese vessel rammed and partially sank the Philippine fishing boat, to the government’s attempt to downplay and sanitize the issue by calling it  “a simple maritime incident”.

 Agriculture Secretary Manny  Piñol  even met with the fishermen in Mindoro as the house was swarmed with policemen in full anti-riot battle gear. They were given new fishing boats, food items as well as P25,000.00  loan assistance. A press conference ensued with Pinol announcing an alleged “miscommunication” with  fist-bump photo-ops of  sad-faced  fishermen.

The Chinese Embassy in Manila previously said that it was not a hit-and-run but  seven to eight Filipino ships allegedly started to besiege the Chinese vessel, prompting it to hit one and sped away.

The fact remains that the Chinese vessel  left the Filipino crew stranded in open sea. Hours later, thankfully, Vietnamese fishermen came to help.

Their story is aptly an application of the “Good Samaritan vessel” doctrine  -  the obligation to render assistance at sea.

For centuries, this maritime rescue doctrine encourages seafarers to go to the aid of life and property in distress.

Good Samaritan vessels are usually the first to arrive on scene,  and are often critical in saving lives.

In most cases, a person reacts to save another person as result of compassion or instinct, or both.

While seafarers  will have the same compassion and instinct as other professionals, seafarers  have a legislated obligation to render assistance.

This obligation comes from various legal sources, most notably international conventions from the United Nations ("UN") and the International Maritime Organization ("IMO").

The United Nations Convention on Law of the Sea ("UNCLOS") says that every signatory to the convention must require the master of a ship flying its flag to render assistance to any person found at sea in danger of being lost and to proceed to the rescue of persons in distress.

The  exemption is when the assisting vessel, the crew or the passengers on board would be seriously endangered as a result of rendering assistance to those in distress.

The Safety of Life at Sea Convention ("SOLAS")  says "the master of a ship at sea which is in a position to be able to provide assistance, on receiving a signal from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so."

The International Convention on Maritime Search and Rescue 1979 (SAR) also mandates  this principle “regardless of the nationality or status of such a person or the circumstances in which that person is found”.

The Salvage Convention of 1989, although primarily directed at addressing the salvage of property and the prevention of marine pollution, nonetheless repeats the SOLAS obligation on the master to render assistance to any person in danger of being lost at sea.

The duty to render assistance is a general reflection of customary international maritime law.

States, both signatories and non-signatories to the conventions, are duty bound to ensure those in distress at sea are rendered assistance on a non-discriminatory basis. Whether vessels sailing under their flag operate in either a private or public capacity, the requirements incumbent upon the masters of the vessels are the same.

In other jurisdiction, failure to do so has legal sanctions of fines and imprisonment.

Our very own  Revised Penal Code (Article  275)     imposes  the penalty of arresto mayor (1 month and 1 day to 6 months)  upon (a) any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense and (b)  anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured.

The fishermen claimed that foreign vessels have been fishing in Recto Bank since 2014. Recto Bank is 85 nautical miles from Palawan and is within the country’s 200-mile exclusive economic zone (EEZ).

 In 2016, the UN-backed Permanent Court of Arbitration based in The Hague had awarded the Philippines sovereign rights over Recto (Reed) Bank as well as Panganiban (Mischief) Reef off Palawan and Ayungin (Second Thomas) Shoal.

 Atty. Gorecho heads the seafarers’ division of the  Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786)

seafarer's diet and colon/ colorectal cancer

The interplay of dietary factors, age and  working environment  while at sea contribute to the development of    colon cancer among seafarers.

The Supreme Court ruled in the case of Skippers vs. Lagne ( G.R. No. 217036 August 20, 2018 ) that  rectal illness is compensable for permanent and total disability due to his dietary provisions.

Colon cancer, also known as colorectal cancer or large bowel cancer, includes cancerous growths in the colon, rectum and appendix. Colorectal cancer can invade and damage adjacent tissues and organs. Cancer cells can also break away and spread to other parts of the body (such as liver and lung) where new tumors form.

Companies usually deny liability for payment of disability or death benefits since there only three  types of cancers  listed as occupational diseases under the POEA Standard Employment Contract– (1) Cancer of the epithelial lining of the bladder (papilloma of the bladder); (2) cancer, epithellematous or ulceration of the skin or of the corneal surface of the eye due to tar, pitch, bitumen, mineral oil or paraffin, or compound products or residues of these substances and (3) acute myeloid leukemia and chronic lymphocytic leukemia.  

 Jurisprudence provides that to establish compensability of a non-occupational disease, reasonable proof of work-connection and not direct causal relation is required. Probability, not the ultimate degree of certainty, is the test of proof in compensation proceedings.

Settled is the rule that for illness to be compensable, it is not necessary that the nature of the employment be the sole and only reason for the illness suffered by the seafarer. It is sufficient that there is a reasonable linkage between the disease suffered by the employee and his work to lead a rational mind to conclude that his work may have contributed to the establishment or, at the very least, aggravation of any pre-existing condition he might have had.

The  Supreme Court stressed that the seafarer  acquired or developed his illness during the term of his contract due to the  strenuous nature of his  job, his advanced age at the time of hiring combined with his poor diet which consists of mostly carbohydrates, high-fat, high­ cholesterol, and low-fiber foods.

His dietary provisions while at sea increased his risk of contracting colon cancer because he had no choice of what to eat on board.

Being a seafarer, the food provisions on a ship  are designed for long journeys across the oceans and seas. The food provided are mostly frozen or processed meat, and  canned goods. Seldom are there vegetables which easily rot and wilt and, therefore, impracticable for long trips.

These provisions undoubtedly contribute to the aggravation of the seafarer's rectal illness.

While there is no specific cause of colorectal cancer, the Supreme Court noted that  certain factors can increase risk of developing the disease, including diet, age and health. Diets high  in fat, red meat, total calories, and alcohol are significantly associated with the formation of cancer-causing chemicals known as carcinogens which predisposes humans to contracting the disease.

 

The compensability of colorectal cancer has also been ruled upon in the case of Leonis Navigation v. Heirs of the late Catalina V. Villamater  (G.R. No. 179169               March 3, 2010) wherein the Supreme Court noted that factors that increase a person's risk of colorectal cancer include high fat intake.  

Diets high in fat are believed to predispose humans to colorectal cancer. It is believed that the breakdown products  of fat metabolism lead to the formation of cancer-causing chemicals (carcinogens). Diets high in vegetables and high-fiber foods may rid the bowel of these carcinogens and help reduce the risk of cancer.

Living in typically confined environments on board vessels for prolonged periods of time leaves seafarers exposed to various ongoing health problems including obesity and vitamin deficiency, as they choose convenience foods heavy in sugar and salt and low in protein.  Poor diet has even been found to be a key factor in altering physiological and psychological functions, which can have a devastating impact not only on the individual but also on the smooth running of daily operations.

Seafarers are exposed to occupational risk factors, as well as environmental risk factors, as part of their normal everyday activities since they spend a large part of their lives at sea. Most seafarers live and work under extremely hazardous conditions that can cause serious short-term and long-term damage to their health. In some cases, they are exposed to conditions that can even be fatal.

 Atty. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786