Decline in OFW purchases of condominium due to inflating taxes

 

 

 Participation  of Overseas Filipino Workers (OFWs)  in Philippine condominium investment has softened materially as they are shifting to  offshore condominium markets.

 

PRIME Philippines  recently  presented a 10-year property market review and multi-year projections during the 2026 Annual Outlook and Media Briefing at Grand Hyatt.

 

PRIME Philippines is the fastest growing real estate service company in the country consistently providing effective integrated real estate solutions to developers, investors, occupiers, land bankers, and other clients.

 

PRIME reported that residential condos are now end-user led, not investor-driven.

 

Investor demand has softened due to compressed rental yields, muted capital appreciation over recent years, and heavy taxes imposed on transactions which structurally weaken condo investment returns.

 

Inflated zonal values ranging from 20-30%  have increased transaction costs through inflating taxes and fee bases.

 

 For ordinary assets used to generate income , taxation erodes roughly 36% of revenue,  30% of which are government taxes.

 

The usual costs include   Value Added Tax (17%), Capital Gains Tax (8%), Broker’s Commission (4%), Documentary Stamp Tax (2%), Association Dues (2%), Real Property Tax (2%), Transfer Tax & Registration Fee (1%).

 

 Higher interest rates weaken borrowing capacity and reduces  mortgage affordability for end-users.

 

PRIME noted that  an estimated 2 in 5 OFWs who previously bought in the Philippines are now allocating to offshore condominium markets. From a pricing perspective, upper-mid condominiums in central Dubai is also reported to be comparable to uppermid Metro Manila proper.

 

Rental yields have also shrunk. With yields ranging 5-10% pre-pandemic, the current state is now at 2-4%, more aligned with global standards.

 

PRIME noted in its 2025 reselling radar that 15-20%  were sold at a loss, 30-40% as “break-even”,  5% with more than 10% returns while the rest  “ on hold”.

 

Buyers increasingly favored house-and-lot living over high-density condominium formats, and developers adapted by launching “new normal” products.

 

PRIME noted that mid to luxury condominiums and residential lots posted estimated value declines of 10% to 25% in 2025. 

 

The more damaging shift was the deterioration in investor confidence following the flood control scandal, which depressed sentiment and prices for luxury assets. As a result, discounting became more aggressive, with developers offering 20–30% discounts.

 

PRIME suggested proper actions to address the several issues confronting the real estate industry: (a) realignment of zonal values for the “interest cut cycle”;  (b) reduce taxation redundancy for the  “weak economic growth”;  (c ) encourage longer mortgages for  declining investor confidence  and (d) first-time home buyer incentive for declining asset values  

 

 According to an Asian Development Bank study conducted in 2023, approximately 27.1% of remittances go into savings or investments, 72.7% of which are allocated towards real estate.

 

OFWs often buy homes for their families back home or as investments for their future. For many Filipino families, owning a home is a top priority, and OFWs play a crucial role in making that dream a reality.

 

In 2020, cash remittances experienced a minor 0.76% decline due to the pandemic, dropping from $30.13 billion in 2019 to $29.9 billion. 

 

In 2021, there was  strong recovery with a 5.1% year-on-year growth to $31.4 billion, driven by the reopening of global economies.

 

In 2022-2023, continued growth driven by land-based and sea-based workers with US$32. 539 billion  in 2022.

 

In 2024,  total personal remittances hit a record high of $38.34 billion, a 3% increase from 2023, representing 8.3% of the country's GDP.

 

As of November 2025 , the BSP data showed personal remittances of $35.73 Billion.

 

In terms of 2024 total  remittances amounting to $34,492,616,000, the sea-based sector sent home $6,941,085,000, or almost 20 percent, while the land-based sector sent home $27,551,532,000.

 

BSP records showed that he sea-based sector’s remittances (in thousand US dollars) for the past 20 years: $1,669,358 in 2005; $1,949,290 in 2006; $2,236,363 in 2007; US$3,034,553 in 2008; US$3,400,412 in 2009; $3,806,108 in 2010; $4,340,416 in 2011; $4,835,342 in 2012; $5,215,378 in 2013; $5,575,722 in 2014; $5,572,148 in 2015; $5,792,459 in 2016, US$6,870,827 in 2017; $6,139,512 in 2018; $6,539,246  in 2019; $6,353,522 in 2020; $6,545,002 in 2021; $6,715,880 in 2022; $6,852,362 in 2023; and $6,941,085 in 2024.

 

Remittances are a major source of foreign currency for the Philippines. This inflow of foreign currency helps support the value of the Philippine Peso, which is important for real estate investors who are looking to purchase property in the country.

 

(Atty. Dennis R. Gorecho heads the Seafarers’ Division of the Sapalo Velez Bundang Bulilan Law Offices. For comments, e-mail info@sapalovelez.com, or call 0908-8665786.)

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).

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

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

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)

Malaria in the seafaring industry

It is   a well-known fact that seafaring is one of the most hazardous occupations, in regards to personal health and safety concerns of seafarers.

The work on seagoing vessels is long associated with an increased risk of loss of health and life.  Because of their nature of work, seafarers are bound to visit many ports in different parts of the world and are thus exposed to various pandemic and epidemic diseases,  sometimes with fatal consequences.

Falling ill at sea or at a port far away from home can be a very difficult situation for the seafarer and his family and a challenge for the remaining crew and the ship operator

Apart from accidents, seafarers are prone to certain serious diseases and health hazards due to the nature of onboard work, change in climatic conditions, type of cargo carried, working hours, materials being handled, epidemic and endemic diseases, and  personal habits.

 One of the infections that a seafarer may suffer while on board the vessel  is malaria which  is predominantly a disease affecting Africa, South and Central America, Asia, and the Middle East.

Malaria is a preventable, life-threatening disease that can disrupt the blood supply to vital organ.

The plasmodium parasite which causes malaria is spread by the bite of infected female Anopheles mosquitoes and cannot be transmitted directly between humans.

Malaria as one of the listed  infectious disease that a seafarer may suffer during the effectivity of his contract  is  a disease resulting from the presence and activity of pathogenic microbial agents in the body. Infectious diseases are recognized as an occupational hazard in seafaring and are closely connected to the conditions of working and living onboard.

For a sick  seafarer to be entitled to medical benefits under the  POEA-Standard Employment Contract (SEC),   he must have suffered work related illness which is defined as any sickness resulting to disability or death as a result of one of the  twenty-four (24) occupational diseases listed under Section 32-A of the said contract. .

It is also  not sufficient to simply establish that the seafarer's illness or injury has rendered him permanently or partially disabled; it must also be shown that there is a causal connection between the seafarer's illness or injury and the work for which he had been contracted .

Symptoms are flu-like, including : fever (often exceeding 40°C), chills, malaise. nausea and vomiting, fatigue, myalgia (muscle pain), headaches, and sweating.  

The symptoms of the most life-threatening type of malaria are usually experienced between one week and two months after infection.  A typical attack lasts 8-12 hours.

 On rare occasions, the symptoms do not occur until 3 months after the infection in case of falciparum malaria, and more than 1 year after for the 3 other types.

A seafarer  with severe falciparum malaria may show signs of  confusion, drowsiness, extreme weakness and may develop cerebral malaria with convulsions, an unrousable coma and rapid death.

Since one of the requirement for an illness to be compensable is that the seafarer suffered said illness during the effectivity of the POEA contract, it is imperative that his condition or symptoms  must be documented while he is on board the vessel.

Otherwise, his claim for disability benefits might be denied due to failure to prove that said illness occurred while his contract is still in force.

(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)

Spine injuries at sea

Back pains or spine injuries or illnesses are inherent in a seafarer’s  job characterized by excessive and strenuous physical activities, such as lifting, carrying, pushing, pulling and moving heavy equipment and materials.

The injury or illness may occur over a period of time or on the spot depending upon the physical strength and posture of the workers as well.   

The common back injuries or illness include lumbar spondylosis, lumbar radiculopathy, multi-level disc dessication, posterior disc herniation, or canal stenosis.

In compensation  claims, employers usually  argue that the nature of disability and the benefits are determined by the manner they are graded or classified under the POEA contract and not by the number of days that a seafarer is under treatment.  If a seafarer has an injury or medical condition that is not considered a Grade 1 impediment, then he cannot claim that he is totally or permanently disabled. To allow the contrary, they argue, would render naught the schedule of disabilities.

Under the POEA contract, Grade 1 disability grading will be given if a seafarer suffered  injury to the spinal cord  if (a) it  makes walking impossible even with the aid of a pair of crutches or (b) results to incontinence of urine and feces.

Partial disability  benefits will be given if the assessment is as follows: (a) Grade 4 if it caused walking impossible without the aid of a pair of crutches; (b) Grade 6  if he suffered fracture of the dorsal or lumber spines resulting severe or total rigidity of the trunk or total loss of lifting power of heavy objects ; (c) Grade 8 if he  suffered moderate rigidity or two thirds (2/3) loss of motion or lifting power of the trunk; and (d) Grade 11 if he  suffered slight rigidity or one third (1/3) loss of motion or lifting power of the trunk.

In some instances, any seafarer who suffered these  medical conditions is in essence should be declared total permanent disabled, and not merely partial temporary. The findings and the disability grading of a company-designated physician could be set aside in the determination of disability compensation.

The  Supreme Court  usually considers the glaring apparent inconsistency in the company doctor's medical report between the classification of seafarer's disability and the fact that he had been unable to work for long period of time, which condition makes his disability permanent and total. (Crystal Shipping, Inc. vs. Natividad, 473 SCRA 559).

Permanent total disability means disablement of a seafarer to earn wages in the same kind of work, or work of similar nature that he was trained for or accustomed to perform, or any kind of work which a person of his mentality and attainment could do. Disability need not render the seafarer absolutely helpless or feeble to be compensable; it is enough that it incapacitates to perform his customary work. (Seagull Maritime Corporation vs. Dee, 520 SCRA 109).  

If those injuries or disabilities with a disability grading from 2 to 14, hence, partial and permanent, would incapacitate a seafarer from performing his usual sea duties for a period of more than 120 or 240 days, depending on the need for further medical treatment, then he is, under legal contemplation, totally or permanently disabled (Kestrel Shipping Co., Inc. v. Munar, 689 SCRA 795)

Companies cannot deny the fact that a seafarer suffering from any of these medical conditions will be considered more of a liability than an asset if he is allowed to go on board the vessel.He would no longer be able to perform strenuous activities such as the rigorous duties of a seafarer.

The Supreme Court acknowledge that  symptoms following surgery are relieved only to recur after a variable period. The causes may include insufficient removal of disc material and further extrusion, rupture of another disc, adhesions about the nerve root and formation of an osteophyte at the site of removal of bone. Even a successful disc removal  does not guarantee a permanent cure as fibrosis can produce a dense constricting scar tissue, which is presumed to be a prime cause of recurrent symptoms(NFD . v. Illescas, G.R. No. 183054, September 29, 2010.)

Surgery can never stop the pathological process nor restore the back to its previous state. Similar poor results have been found with repeated attempts at surgical intervention for the relief of chronic low back pain. If long term relief is desired, continued mechanical stress of postural or occupational type must be avoided.

Resuming a seafarer’s  usual work, which includes increased loading, twisting, or bending and extension of the back, will further expose him  to dangers of  aggravating his medical condition. 

(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)