Article 55Labor and Agrarian Laws and Social Legislation, p. 55

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

broadcasting, producer and director of the film in case of

the movie industry, to cause undue and sensationalized

publicity of any case of violation of this Act which results

in the moral degradation and suffering of the offended

party.

Section 30. Special Court Proceedings . – Cases

involving violations of this Act shall be heard in the

chambers of the judge of the Regional Trial Court duly

designated as Juvenile and Domestic Court.

Any

provision

of

existing

law

to

the

contrary

notwithstanding

and

with

the

exception

of

habeas

corpus, election cases, and cases involving detention

prisoners and persons covered by Republic Act No. 4908,

all

courts

shall

give

preference

to

the

hearing

or

disposition of cases involving violations of this Act.

ARTICLE XII Common Penal Provisions

Section 31. Common Penal Provisions . –

(a) The penalty provided under this Act shall be

imposed in its maximum period if the offender has been

previously convicted under this Act;

(b) When the offender is a corporation, partnership

or association, the officer or employee thereof who is

responsible for the violation of this Act shall suffer the

penalty imposed in its maximum period;

(c)

The penalty provided herein shall be imposed in

its

maximum

period

when

the

perpetrator

is

an

ascendant,

parent

guardian,

stepparent

or

collateral

relative within the second degree of consanguinity or

affinity, or a manager or owner of an establishment which

has no license to operate or its license has expired or has

been revoked;

(d) When the offender is a foreigner, he shall be

deported

immediately after service of sentence and

forever barred from entry to the country;

(e) The penalty provided for in this Act shall be

imposed in its maximum period if the offender is a public

officer or employee: Provided, however, That if the penalty

imposed is reclusion perpetua or reclusion temporal, then

the

penalty

of

perpetual

or

temporary

absolute

disqualification shall also be imposed: Provided, finally,

That if the penalty imposed is prision correccional or

arresto mayor, the penalty of suspension shall also be

imposed; and

(f)

A fine to be determined by the court shall be

imposed

and

administered

as

a

cash

fund

by the

Department of Social Welfare and Development and

disbursed for the rehabilitation of each child victim, or

any immediate member of his family if the latter is the

perpetrator of the offense.

ARTICLE XIII Final Provisions

Section

32.

Rules

and

Regulations .

–

Unless

otherwise provided in this Act, the Department of Justice,

in coordination with the Department of Social Welfare

and Development, shall promulgate rules and regulations

of the effective implementation of this Act.

Such rules and regulations shall take effect upon

their

publication

in

two

(2)

national newspapers of

general circulation.

Section 33. Appropriations . – The amount necessary

to carry out the provisions of this Act is hereby authorized

to be appropriated in the General Appropriations Act of

the year following its enactment into law and thereafter.

Section 34. Separability Clause . – If any provision of

this

Act

is

declared

invalid

or

unconstitutional, the

remaining provisions not affected thereby shall continue

in full force and effect.

Section 35. Repealing Clause . – All laws, decrees, or

rules inconsistent with the provisions of this Acts are

hereby repealed or modified accordingly.

Section 36. Effectivity Clause . – This Act shall take

effect upon completion of its publication in at least two

(2) national newspapers of general circulation.

Approved: June 17, 1992 .

RA No 10706 | Seafarers Protection Act

Rules and Regulations Implementing the Seafarers

Protection Act

November 6, 2015

AN ACT PROTECTING SEAFARERS AGAINST

AMBULANCE CHASING AND IMPOSITION OF

EXCESSIVE FEES, AND PROVIDING PENALTIES

THEREFOR

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled:

SECTION 1. This Act shall be known as the “Seafarers

Protection Act” .

SECTION 2. Declaration of Policy. — It shall be the

policy of the State to promote and protect every Filipino

seafarer desiring to work overseas by securing the best

possible terms and conditions of employment. As some

unscrupulous individuals have taken advantage of the

plight of our seafarers who met an accident, illness or

death in the course of their service by exploiting the

compensation system, our seafarers have fallen prey to an

unfair

scheme

where

ambulance

chasers

charge

exorbitant fees, with the promise of huge monetary

award. Towards this end, such practice shall be declared

unlawful.

SECTION 3. Prohibition on Ambulance Chasing. — It

shall be unlawful for any person to engage in ambulance

chasing or the act of soliciting, personally or through an

agent, from seafarers, or their heirs, the pursuit of any

claim against them employers for the purpose of recovery

of monetary claim or benefit, including legal interest,

arising from accident, illness or death, in exchange of an

amount or fee which shall be retained or deducted from

the monetary claim or benefit granted to or awarded to

the seafarers or their heirs.

SECTION 4. Imposition of Excessive Fees. — When

any contract or arrangement between a seafarer or

his/her heirs, and a person who appears for or represents

them in any case for recovery of monetary claim or

benefit, including legal interest, arising from accident,

illness or death before the National Labor Relations

Commission (NLRC) or any labor arbiter, the National

Conciliation and Mediation Board (NCMB), the Philippine

Overseas

Employment

Administration

(POEA),

the

Department of Labor and Employment (DOLE) or its

regional offices, or other quasi-judicial bodies handling

labor disputes stipulates that the person who appears for

or represents them shall be entitled to fees, such fees

shall not exceed ten percent (10%) of the compensation or

benefit awarded to the seafarer or his/her heirs.

For purposes of this Act, fees referred to in this

section shall mean the total amount of compensation of

the person who appears for or represents the seafarer, or

his/her heirs for services rendered.

SECTION 5. Penalties. — Any person who violates

Section 3 of this Act shall be punished by a fine of not less

than fifty thousand pesos (P50,000.00) but not more than

one

hundred

thousand

pesos

(P100,000.00),

or

by

imprisonment of one (1) year but not more than two (2)

years, or both fine and imprisonment. The same penalties

shall be imposed upon any person who shall be in

collusion in the commission of the prohibited act in

Section 3 hereof.1âwphi1

SECTION 6. Implementing Rules and Regulations. —

Within ninety (90) days from the approval of this Act, the

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