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.

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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).

The party-list system and the seafarers’ votes

The votes of the  Overseas Filipino Workers (OFWs), both landbased and seabased, are now being courted by groups aiming political seats through the party-list representation.

Around 134 groups will vie for 59 seats allotted for the party list in the House of Representatives

Party-list representation utilize the tendency for proportional representation systems to favor single-issue parties, and applies that tendency to allow underrepresented sectors to represent themselves in the law-making process.

The party-lists system was introduced in the 1987 Constitution and Republic Act 7941 (the Party-List Law) to provide a balance for locality-based lawmakers, who are almost always elected on the basis of their popularity and the money that they release. The Constitution allots 20% Lower House membership from Partylist nominees, maximum at three nominees each, dependent on votes they gather nationwide. 

The Overseas Absentee Voting Act was passed in 2003, allowing Filipinos overseas to vote for who they want to be president, vice-president, senators, and party-list representatives.

POEA 2017  data shows that out of the 1,992,746 deployed  OFWs,   1,614,674 are landbased while 378,072 are seabased. In terms of remittances, the seabased sector sent home US$6,139,512.00 while the land based sector gave US$22,803,603,000.00.

Due to their absence during the election period, seafarers, who are registered overseas voters, may cast their ballots  60 days before the day of elections through two specialized modes:  personal voting or, in case of postal voting, in any post with international seaports as identified and recommended by the Department of Foreign Affairs.

Seafarers may vote at any post, specifically Philippine embassies, consulates, foreign service establishments and other Philippine government agencies maintaining offices abroad, e.g., the Philippine Overseas Labor Offices (POLO).

In personal voting, seafarers voting shall be conducted in the designated posts.

In postal voting, ballots for seafarers shall be distributed proportionately among posts with identified international seaports. These ballots shall be in the custody of the post for the entire voting period.  The seafarer shall personally claim the mailing packet at the post, accomplish the official ballot contained in a mailing packet; and submit the accomplished ballot which shall then be  disposed in accordance with the procedures on postal voting.

COMELEC records show that seafarers who have registered to be OAVs number 43,033 as of 2019. This is less than 2016’s 49,339. The most seafaring OAVs are from Europe (22,433), followed by North and Latin America (10,468), Asia Pacific (7,662), and the Middle East and Africa (2,470).

But the strength of the seafarers’ votes are essentially felt through  their families residing in the Philippines.

For the seafaring sector, two party-list groups are campaigning for this year’s mid-term election.

 MARINO Partylist was  formed in 2014 by seafarers and stakeholders from the maritime community mostly in Mindanao. They are pursuing advocacies that aims to make significant and meaningful changes and reforms in the maritime industry.

 On the other hand, ANGKLA was  founded in 2011 and won for 2 consecutive terms in 2013 and 2016.

A news report noted that ANGKLA prioritizes business matters; MARINO appeals for seafarers (but backed by big-time business).

Several groups have called for the repeal or the amendment of the party-list law as political dynasties have "hijacked" the system, supposed to be a platform for representation of marginalized sectors. The rosters of party-list representatives in previous Congresses had been hit for being recycled lists of people already in power.

A study noted that at least 49 party-list nominees in the upcoming midterm elections are part of a political dynasty or families that have more than one member elected to a public post. If their parties garner enough votes, the nominees could occupy 83 percent of the 59 party-list seats in the House of Representatives

(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)

Beneficiaries of seafarer’s death compensation

The legal battle for death compensation of the deceased seafarer, in some instances, becomes a  “telenovela” case due to confusion as to the rightful recipients of the death benefits.

Under an employment contract duly approved by the Philippine Overseas Employment Administration (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).

The confusion arise since the terms 'allottee' and 'beneficiary' were  undefined in the previous POEA employment contracts.

Under the current contract, the 'allottee' is the person designated by the seafarer as the recipient of his or her salary allotment.

On the other hand, the beneficiary is the person(s) to whom the death compensation and other benefits are paid and is based on the Philippine law on succession. Thus, not all allottees are automatically considered as beneficiaries.

Simply stated, the right of the allottee, as the terms suggest, is limited to the allotment of the seafarer which is equivalent to at least 80% of his or her monthly basic salary.

Legal or intestate succession takes place if a person dies without a will. And in the absence of heirs instituted in a will, the law vests the inheritance, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State in accordance with the rules set forth in the New Civil Code (NCC), Articles 960 and 961.

The law on rules on legal or intestate succession provides that in every inheritance, the relative nearest in degree excludes the more distant ones and that the succession to property by heirs pertains first to the direct descending line (Articles 962 and 978). 

Thus, if a seafarer's mother is his allottee and he dies survived by his wife and one child, the death compensation is paid to the wife and child and not to the mother, in accordance with the Philippine law on succession.

If a widow/ widower  and legitimate children are left, the surviving spouse  is entitled to the same share as that of each of the children.

When the widow/ widower  survives with legitimate parents, the surviving spouse shall be entitled to one-half of the death benefits, and the legitimate parents to the other half. 

If a widow/widower survives with illegitimate children, she/he  shall be entitled to one-half of the death  benefits, and the illegitimate children  to the other half. 

            An illegitimate child shall receive a share equivalent to half of the legitimate child's share. 

If legitimate parents, the surviving spouse, and illegitimate children are left, the parents  shall be entitled to one-half of the death benefits, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow  shall have one-fourth of the death benefits, and the illegitimate children the other fourth. 

An adopted child is entitled   in the same manner as a legitimate child.

In case of a legal separation, if the surviving spouse gave cause for the separation, he or she shall not have any of the rights granted by law.

As long as the marriage was not annulled at the time of death, the surviving legitimate  spouse will enjoy the rights regardless of their years of physical separation.

The basis of the rules on intestate succession was explained by the Supreme Court in this manner: “The law of intestacy is founded on the presumed will of the deceased. Love, it is said, first descends, then ascends, and finally, spreads sideways. Thus, the law first calls the descendants, then the ascendants and, finally, the collaterals, always preferring those closer in degree to those of remoter degrees, on the assumption that the deceased would have done so had he manifested his last will. Lastly, in default of anyone called to succession or bound to the decedent by ties of blood or affection, it is in accordance with his presumed will that his property be given to charitable or educational institutions, and thus contribute to the welfare of humanity.” (In the Matter of the Intestate Estate of Cristina Aguinaldo-Suntay vs. Isabel Cojuangco-Suntay (GR No. 183053; June 16, 2010)

 (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 repatriation on compassionate grounds

As a general rule, the employment of the seafarer shall cease when the he  completes his period of contractual service aboard the ship, signs-off from the ship and arrives at the point of hire. 

Similarly, a seafarer’s employment contract is terminated even before the contract expires as soon as he arrives at the point of hire for any other reasons, including the following grounds:

1. when the seafarer signs-off and is disembarked for medical reasons or death 

2. when the seafarer signs-off due to shipwreck, ship’s sale, lay-up of ship, discontinuance of voyage or change of ship principal .

3. when the seafarer, in writing, voluntarily resigns and signs off prior to expiration of contract 

4. when the seafarer is discharged for just cause 

A seafarer who requests for early termination of his contract shall be liable for his repatriation cost as well as the transportation cost of his replacement. This is oftentimes known as voluntary repatriation.

The employer may, in case of compassionate grounds, assume the transportation cost of the seafarer’s replacement.

Compassionate ground, under the POEA contract,  refers to incidence of death of an immediate member of the seafarer’s family which includes his parents, spouse and children if the seafarer is married or his parents if the seafarer is single.

This ground  covers only “death and not  cases when the family member has fallen  dangerously ill, been seriously injured.

 It does not also include emergency situations which would not be expediently resolved without the seafarer’s attendance.

In case of death in the family, it is extremely important for the seafarer  to decide whether he is   still mentally capable of continuing working. Being in charge of the navigational watch or working in the Engine Room when he  is  not yet fully focused can be very dangerous, which  can cause  accidents onboard.

 A minor loss of focus or a momentary lapse of reason could prove far more disruptive to others than your leave of absence.

It is advisable for the seafarer to  communicate with his  colleagues onboard openly. Nobody understands a seafarer better than a fellow sailor. Everyone onboard could empathize with similar occurrences in their lives when they were onboard.

The seafarer, if discharged at a port abroad for any reason shall be repatriated to the Philippines via sea or air or as may otherwise be directed by the principal/employer/company.

He shall be provided with accommodation and food, allowances and medical treatment, if necessary, until he arrives at the point of hire.

 The POEA contract likewise included the right for a compassionate visit as provided in RA 8042, as amended by RA 10022.

When a seafarer is hospitalized and has been confined for at least seven (7) consecutive days, he shall be entitled to a compassionate visit by one (1) family member or a  requested individual.

The employer shall pay for the transportation cost of the family member or requested individual to the major airport closest to the place of hospitalization of the seafarer.

It is, however, the responsibility of the family member or requested individual to meet all visa and travel document requirements.

 

(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)

Extension of the seafarer's contract

Seafarers are considered contractual employees. Their employment is governed by the Standard Employment Contract (SEC) they sign  and  duly approved by the Philippine Overseas Employment Administration (POEA) every time they are rehired and their employment is terminated when the contract expires.

Their employment is contractually fixed for a certain period of time. For the seafarers mental and physical health, they need a break after “long periods away from home, limited communication and consistently high work loads.”

As a general rule, the period of employment shall be for a period mutually agreed upon by the seafarer and the employer but not to exceed 12 months. The Maritime Labor Convention 0f 2006 (MLC2006)  prescribes that the seafarer has the right to be repatriated within a contract period of less than 12 months.

The commencement of the contract is from the time when the contracted seafarer actually departs from Philippine, either airport or seaport, for employment. It shall cease when the seafarer completes his period of contractual service aboard the ship, signs-off from the ship and arrives at the point of hire. 

The POEA contract requires the seafarer to arrive at the point of hire as it signifies the completion of the employment contract, and not merely its expiration.

Similarly, a seafarer’s employment contract is terminated even before the contract expires as soon as he arrives at the point of hire and signs off for medical reasons, due to shipwreck, voluntary resignation or for other just causes.

 There are instances that the employment is not terminated as set in  the contract but becomes a subject of extension.

Usually extension of contract period are not encouraged due to factors such as fatigue, complacency and other health reasons and same may not be accepted if relief is already lined up.  Extension request must always be  documented duly signed.

Any extension of the contract can be voluntary or compulsory

1. Voluntary if the extension is with the  mutual consent of both parties. 

2.  Compulsory   until the ship’s arrival at a convenient port and/ or    after arrival of the replacement crew provided that, in any case, the continuance of such service shall not exceed three months.

In the absence of a new document or POEA contract, as long as the seafarer has not yet arrived at the point of hire,  it is legally presumed that the original contract is still subsisting. If a seafarer keeps working for the same employer for a period longer than the agreed period,  any subsequent working period that exceeds this period of time is to be considered  extension of the  contract.

The seafarer is entitled to be paid his wages and other benefits  after the expiration of his contract and during the extended period until the vessel's arrival at a convenient port.  The obligations and liabilities of the local agency and its foreign principal do not end upon the expiration of the contracted period as they were duty bound to repatriate the seaman to the point of hire to effectively terminate the contract of employment. (Interorient Maritime Enterprises, Inc. v. NLRC,330 Phil. 493)

If he suffers from an illness or accident or he dies during the extended period, the same benefits from his original contract will be applicable.

However, there was no implied renewal of contract if the seafarer was allowed to stay after the termination of his contract. The extension was due to the fact that the ship was still at sea and the  late disembarkation was not without valid reason. The company could not have disembarked the seafarer on the date of the termination of his employment contract, because the vessel was still in the middle of the sea (Unica vs. Anscor Swire Ship Management Corporation ;  G.R. No. 184318; February 12, 2014)

(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)

Escrow deposit in seafarers' cases

In terms of labor litigation,  “escrow deposit ” plays a significant role in  a seafarer's  favorable decision on his monetary claims.

Every labor dispute involves two opposing parties:  the worker on one side and the management on the other, involving monetary claims  like disability and death benefits, illegal dismissal awards as well as unpaid or underpayment of salaries and wages. 

A manning agency is required under   POEA Rules to  deposit in escrow with  a bank  the amount of ONE MILLION PESOS (Php1 ,000,000.00) to answer for all valid and legal claims arising from violations of the conditions for the grant and use of the license, and/or accreditation and contracts of employment. These include recruitment violations, or claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino seafarers under the joint and solidary liability of the manning agency.

Labor litigation takes years before its finality. In most cases, the elevation of the records alone from the NLRC/NCMB to the Court of Appeals or Supreme Court will take several years. The proceedings in the appellate court will entail further delay.  In cases of seafarers with medical conditions, some incur huge debts to sustain their medication. Others die before the decision by the Supreme Court is released. 

The prevailing party might  be unable to enjoy  the judgment award  after the lapse of time, considering the tactics of the adverse party who may have no recourse but to delay. Due to the longer years that they have to wait, without any leverage in prosecuting his monetary claims, chances are, the  seafarer bows to the demand of his employer to either drop his claim or accept a small settlement amount. 

To protect the seafarers, the escrow deposit  must  remain intact during the validity of license for a period of four (4) years and an additional of four ( 4) years if not renewed upon its expiration or should the license be revoked or otherwise cancelled for whatever legal grounds. In case the deposit in escrow is reduced, the Manning agency  shall replenish the same within fifteen (15) calendar days from notice by the POEA. The Bank  shall at all times advise the POEA whenever the escrow deposit is reduced or same is no longer intact. Failure to replenish  shall result in the suspension of license of the Manning agency without further notice.

The escrow deposit shall not be  released except upon proper authorization by the POEA .  The bank   shall pay the claims on a "first come-first served" basis and the Order of Garnishment that is first served upon the bank  shall be satisfied, irrespective of the date of the issuance of the writ of execution. If several claims are simultaneously presented on the same day, and the escrow deposit is not sufficient to pay the claims, the bank shall pay the claims on a pro-rata basis.

The bank  shall not be liable beyond whatever balance of the deposit in escrow.

2017: Twenty Second National Seafarers Day

The   Twenty Second  National Seafarers' Day was celebrated on  September 24, 2017    with the theme "MARINONG FILIPINO: NAG-UUGNAY SA MUNDO" . The Manila celebration was held at the Cuneta Astrodome. 

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) 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. 

The #NSD22 #NSD2017 activities nationwide led by the #ApostleshipoftheSea ( #AOS ) include the Memorial at Sea, High Mass, Oratorical/ Art/ Photo Contest, Harana by the Bay, Boodlefight, Karaoke challenge, and the Search for Top Ten Outstanding Maritime Students. One of the highlights is the Grand Parade participated in by more than 4000 stakeholders from maritime schools, government agencies, manning agencies, training centers, maritime organizations, unions, families and private institutions

    The high mass was celebrated by  Cubao Bishop Honesto Ongtioco while MARINA administrator Marcial Amaro III  was the guest  speaker.  

The  seventh    batch of   recipients for the Ten Outstanding Maritime Students of the Philippines (TOMSP) search (in line with the National Seafarers Day) were awarded on that day.  It  gave recognition to students for being academically excellent, highly competent in practice, in good moral standing and active in their respective communities. 

Dionel Alfaro of Asian Institute of Maritime Studies (AIMS) Pasay 

Ronald Christ Capindo of John B Lacson Colleges Foundation  Bacolod

Nelyvette Claire Dela Cruz of Maritime Academy of Asia and the Pacific (MAAP) Bataan

Janine Elican of John B Lacson Colleges Foundation  Bacolod

Eugene Mark Genilsa of John B Lacson Colleges Foundation  Molo

John Michael Ibanez University of Cebu  Lapulapu and Mandaue

Loren Negapatan of MAAP Bataan

Patrick Allan Peralta of MAAP Bataan

Karl Japeth Rosal of MAAP Bataan

Honey Grace Ysulan of Philippine Merchant Marine Academy (PMMA)