Noy signs 2 new laws for seafarers, convicts

MANILA, Philippines - President Aquino has signed into law two measures, including one protecting Filipino seafarers from unscrupulous individuals who take advantage of them by charging exorbitant fees and promising huge returns should they meet accidents while on the job.

Under Republic Act 10706, entitled “Seafarers Protection Act,” individuals or groups found to have charged seafarers excessively will have to suffer maximum imprisonment of two years, a maximum fine of P100,000 or both.

The same penalty will also apply to every person found to have conspired in this illegal act.

The new law is a combination of Senate Bill 2835 that senators approved last Sept. 21, and House Bill 5268, which the lawmakers passed last Sept. 30 and Aquino signed into law on Nov. 26.

It is a law against ambulance chasing and imposition of excessive fees on Filipino seafarers.

Under the new law, it shall be “unlawful” for any person to solicit, personally or through an agent, from seafarers the pursuit of any claim against their employers for the purpose of recovery of monetary claim, legal interest included, arising from accident, illness or death.

It also provides a threshold fee where suits for recovery of monetary claim or benefit were filed either at the National Labor Relations Commission (NLRC), National Conciliation and Mediation Board (NCMB), Philippine Overseas Employment Agency (POEA) or the Department of Labor and Employment where such fees “should not exceed 10 percent of the compensation or benefit awarded to the seafarer or his heirs.”

The government observed that some individuals or groups have exploited the compensation system and seafarers have “fallen prey to an unfair scheme” where ambulance chasers charge “exorbitant fees with the promise of huge monetary award.”

“Toward this end, such practice shall be declared unlawful,” the new law warned.

Meantime, Aquino also signed into law Republic Act 10707, amending the Marcos-era Presidential Decree 968 that provided rules on convicts who are eligible for pardon under the old statute.

Section 4 now provides that a judge can grant a convicted felon probation and “suspend” the execution of his sentence, place the defendant on “probation for such period and upon such terms and conditions as the regional trial court may deem best.”

This is provided the convicted felon files for such an application to be granted probation.

However, the convicted felon will not be entitled to such probation if he has opted to file an appeal, or has perfected the appeal for the “judgment of conviction imposing a non-probationable penalty.”