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

psychosis, severe depression or schizophrenia

A seafarer’s psychosis, severe depression  or schizophrenia may be  considered  compensable due to the work-related  stressful environment  on board the vessel.

Seafarers are susceptible to mental health issues due to  harassment and bullying  that can take a wide variety of forms, ranging from physical or verbal aggression, ill-treatment, cyber-bullying or sexual discrimination. There is even a high risk of suicide for seafarers with psychosis.  

While the physical effect of harassment and bullying is fairly easy to identify on account of the obvious external signs, the same cannot be said of their  emotional effects  which are often denied or distorted.

In Cabuyoc vs. Inter-Orient Navigation   (G.R. No. 166649,              November 24, 2006) , the Supreme Court ruled that  the seafarer’s illness was the direct result of the demands of his shipboard employment contract and the  hostile treatment and mental trauma in the hands of German ship officers . This led to his nervous breakdown and untimely repatriation to the Philippines.

The  Court disregarded the company’s argument that  psychosis or schizophrenia is not compensable under the POEA contract as his illness  is not caused by a  traumatic head injury which contemplates accidents involving physical or head contacts.

The Court noted the trauma  under the POEA contract  is not limited to  physical in nature but the same may involve mental or emotional hurt, damage or loss sustained. The word "trauma"  is defined as "a bodily injury caused by a physical force applied from without or  a disordered psychic or behavioral state resulting from stress or injury."

The seafarer's disability is not only physical but mental as well because of the severe depression, mental torture, anguish, embarrassment, anger, sleepless nights and anxiety that befell him.

In Leonis Navigation vs. Obrero (G.R. No. 192754, September 07, 2016), the Court ruled that  work-related stress may precipitate the disorder noting that the seafarer’s prolonged stint at sea eventually taxed his coping abilities which rendered him incapable of handling the stress.

The Court pointed out that  Schizophrenia is the most common form of psychotic disorder which involves a complex set of disturbances of thinking, perception, and social behavior and whose causes are still largely unknown, primarily associated with stressful life events.

In NFD International. v. NLRC (G.R. No. 107131, March 13, 1997),  schizophrenia was declared  to be work-related after the employer failed to negate the causal confluence between the epilepsy suffered by the seafarer after a mauling incident while on-board the vessel and his subsequent affliction of schizophrenia.

In Career Phils. vs Godinez, (G.R. No. 206826, October 2, 2017), the neophyte young seafarer's grave illness was directly caused by the unprofessional and inhumane treatment, as well as the physical, psychological, and mental abuse inflicted upon him by his superiors, aggravated by their failure and refusal to provide timely medical and/or professional intervention, and their neglect and indifference to his condition even as it was deteriorating before their very eyes.

 In C.F. Sharp vs. Perez (G.R. No. 194885,                January 26, 2015)  psychotic disorder was not considered  an injury as a result of an accident from any cause whatsoever which would entitle the seafarer  to higher disability benefits under the CBA.

Accident is one  which happens by chance or fortuitously, without intention and design, that does not occur in the usual course of events or that could not be reasonably anticipated, and  not attributable to mistake, negligence, neglect or misconduct.

There is no proof that seafarer  met an accident or an unintended and unforeseen injurious occurrence while on board the vessel. But his  disability was deemed  permanent and total, citing the company doctor’s  findings that recurrence of the same psychotic disorder is possible if the seafarer  is placed in the same situation.

In disability compensation, it is not the injury which is compensated, but rather it is the incapacity to work resulting in the impairment of one's earning capacity.  Permanent total disability means disablement  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. It does not mean absolute helplessness.

Probability and not the ultimate degree of certainty is the test of proof. The precise medical causation of the illness is not significant, as long as the illness supervened in the course of employment and is reasonably shown to have been either precipitated or aggravated by work 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

Changing of the guards in seafarer’s cause

 With two seats as party-list representatives ,  the  major challenge of  MARINO   is to confront the questions raised on the qualification  of its first three   nominees who are not seafarers.

The results of the recent  party-list election  saw  the changing of the guards for the Filipino seafaring industry  as  Marino  replaced  incumbent Angkla.

In previous elections, several sea-based groups  attempted to gain slots in  Congress through the party-list system. 

Two parties run twice but failed to reach the required votes:  Maritime Party  in 2001 and 2004 while  Seaman’s Party run  in 2004 and 2007.

In 2010, three parties campaigned but also failed: Adhikaing Alay ng Marino sa Sambayanan (ALON)  with 49,893 votes , Ang Kapisanan ng mga Seaman (AKSI) with  26,805 votes, and United Filipino Seafarers (UFS)   with  6,121 votes.  

Angkla entered the political scene in 2013 competing with another group, Association of Marine Officer and Ratings (Amor Seaman). DIWA also carried the seafarers’ issues.  Angkla , won a seat ranking 26^th with  360,138 votes while  Amor  lost ranking  111^th for 40,849 votes. 

The 2016  election witnessed again  the race  between Angkla and Amor. As an incumbent, Angkla retained its seat but   dropped to 32^nd  place with 337, 245  votes which is 22,893 votes lower than that in 2013.  Marino made a debut  ranking 79^th place with 102,430 votes.  Amor ranked    87^th place with 68,226 votes.  

During this year’s midterm election, Angkla’s popularity continued to slide  down after occupying  the  53^rd slot  with  179,531 votes.  This is lower by 157,714 votes in 2016. As a consequence,  Angkla  came short of almost 12,000 votes to retain its  seat in Congress for a third term.

The problem besetting the Standards of Training, Certification, and Watchkeeping (STCW) for seafarers affected Angkla’s candidacy. Seafarers complained that the process for obtaining and renewing their license became more difficult when the functions of Professional Regulation Commission (PRC) were transferred to the Maritime Industry Authority (Marina) by virtue of Angkla’s R.A. 10635.  MARINA was designated as the Single Maritime Administration to implement the  STCW.

Angkla’s decline could likewise  be attributed to the impression that it   prioritize   business matters rather than the basic seafarers’ issues. As Angkla was born in the boardroom with corporate genes, it    is heavily supported by the groups of manning agencies as well as shipowners.

It echoed the manning agencies in depicting  lawyers assisting seafarers for their legal claims as ambulance chasers when it authored  R. A.  No. 10706 (Seafarers Protection Act).

It even filed H.B. No. 5430 on February 2015  aimed to delay the execution of  NLRC/NCMB award  for cases involving monetary claims.

The  negative perception on  Angkla led to the shift of  seafarers’ support to Marino for this year’s election.

Marino  waves a Five-Point priority: cadet scholarships, family centers, trainings, free legal services and decentralization.

Despite  the fact that its  first  three  nominees are not seafarers, Marino placed seventh in ranking for its 677,378 votes.  It is  backed by big-time Davao-based businesses  and has  close ties with the Dutertes.  

Several groups have earlier  called for the repeal or amendment of the party-list law as political dynasties and businessmen 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 and those with business interest.

Poll watchdog Kontra Daya  earlier raised red flags on party-list groups that have nominees that do not belong to the marginalized sectors they are supposed to represent.  Its    true intent   should be upheld  so that “only those that champion the marginalized and under-represented would emerge victorious”.

It is the group  as a whole that should be  evaluated  but  it cannot be denied that the identity of the nominees remains a significant reference for voters. Oftentimes, a party-list is voted based on political ads without actually knowing it or its platform.

Preliminary  reports noted  that seafarer deployment hit  337,502 in 2018 with remittance reaching US$6,139,512,000.

As the incoming congressmen are not seafarers, MARINO must prove that it is worthy of the Filipino  seafarers’   vote as their party-list representatives  that will genuinely protect their interest and not that of capital  to the prejudice of their labor rights. Otherwise, they will face the   2022 election with a bitter pill and suffer the same fate of Angkla.

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

Tuberculosis among seafarers

Seafarers by nature of their work are exposed to a variety of occupational hazards making exposure to biological agents and the concomitant risk of communicable diseases extremely  high.

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 such as tuberculosis.

In Inter-Orient Maritime  vs. Creer (G.R. No. 181921 September 17, 2014) , the Supreme Court pointed out that pulmonary tuberculosis is airborne and easily transmissible by infected patients. The risk of being infected, or acquiring, the tuberculosis infection is mainly determined by exogenous factors. 

The probability of contact with a case of tuberculosis, the intimacy and duration of that contact, the degree of infectiousness of the case, and the shared environment of the contact are all important determinants of transmission.

On the other hand, the risk of developing the disease after being infected is largely dependent on endogenous factors. The tuberculosis bacteria may lie dormant in the infected person’s immune system for years before it becomes reactivated, or he may ultimately develop the disease within the first year or two after infection, depending on the innate susceptibility to disease of the person and level of immunity.

In ruling for the compensability of tuberculosis, the Supreme Court held in the case of BARKO vs. Alcayno (G.R. No. 188190               April 21, 2014) that  a certification declaring the seafarer  as fit to work contrary to a prior finding of tuberculosis can be considered as a ploy to circumvent the law intended to defeat the seafarer’s  right to be compensated for a disability which the law considers as permanent and total.

The Supreme Court  explained that tuberculosis is a contagious infection caused by the airborne bacterium Mycobacterium tuberculosis. It is usually transmitted by inhaling air contaminated by the bacterium. Active tuberculosis usually begins in the lungs (pulmonary tuberculosis). Tuberculosis that affects other part of the body (extrapulmonary tuberculosis) usually comes from pulmonary tuberculosis that has spread through the blood. Tuberculosis adenitis is a form of tuberculosis which affects the lymph nodes. 

The court noted that under the  POEA contract, "Pulmonary Tuberculosis" shall be considered as an occupational disease in "any occupation involving constant exposure to harmful substances in the working environment in the form of gases, fumes, vapors and dust."

The seafarer’s daily tasks as an able bodied seaman were to paint and chip rust on deck or superstructure of ship and to give directions to crew engaged in cleaning wheelhouse and quarterdeck, which constantly exposed him to different types of hazardous chemicals, such as paints, thinners, and other forms of cleaning agents and harmful substances, that may have invariably contributed to the aggravation of his illness.

The Supreme Court noted the suspicious  gesture of the company in having a medical certification declaring him as "fit to work" despite apparent clear knowledge that he has been subjected to a long period of medical treatment.

For a sick  seafarer to be entitled to medical benefits under the  POEA Contract,  it is 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 .

TB bacteria most commonly grow in the lungs, and can cause symptoms such as a bad cough that lasts three  weeks or longer, pain in the chest and coughing up blood or sputum (mucus from deep inside the lungs). Other symptoms of TB disease may include weakness or fatigue, weight loss, no appetite, chills, fever, and sweating at night.

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)

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)