Seafarer's Repatriation.
SEC. 61. Seafarer's Repatriation. - In all cases of repatriation, the affected seafarer shall be repatriated to the point of hire: Provided, That in case of permanent or temporary incapacity or death, the seafarer or his/her remains shall be repatriated to the point of hire or the seafarer's place of domicile, at the option of the seafarer or the seafarer's next of kin. All costs related to the repatriation and transport of the personal effects and remains of seafarers, including the provision of financial security in case of abandonments of seafarers, shall be borne by the shipowner or manning agency shall expedite the repatriation without prior determination of the cause of repatriation or termination of the seafarer's employment.
Repatriation Expenses; Advance and Recovery.
SEC. 62. Repatriation Expenses; Advance and Recovery. - The repatriation expenses that shall be borne by the concerned shipowner or manning agency shall include:
(a) Basic pay and allowances from the moment the seafarers leave the ship until they reach the repatriation destination;
(b) Accommodation and food from the moment the seafarers leave the ship until they reach the repatriation destination;
(c) Transportation charges, wherein the default mode of transport should be by air;
(d) Deployment cost of the shipowner; and
(e) Immigration fees, fines, and penalties.
However, in cases where the termination of employment is for just cause or upon the request of the seafarer, the cost of repatriation shall be for the account of the seafarer in accordance with the employment agreement.
The responsibility to provide for repatriation costs shall be without prejudice to the right to civil, criminal, or other claims in accordance with law or otherwise, particularly in cases of maritime accident or death other than natural causes.
Quarantine and Medical Expenses in Repatriation Due to Epidemic or Pandemic.
SEC. 63. Quarantine and Medical Expenses in Repatriation Due to Epidemic or Pandemic. - In case of an epidemic or pandemic declared by the WHO, the shipowner or manning agency shall be responsible for medical care expenses and board and lodging for periods spent by seafarers in self-isolation or quarantine, whether or not the seafarers have symptoms, have been exposed or are quarantined as a safety precaution for the community, until the seafarers have been duly repatriated to the point of hire.
Upon arrival at the point of hire until the seafarer's return to the place of domicile, the Philippine government shall bear the cost of medical care and quarantine expenses, following the whole-of-government approach in the management of epidemics and pandemics.
Restrictions on Waiver.
SEC. 64. Restrictions on Waiver. - A waiver of entitlement to repatriation shall be valid only if it is written and made freely and voluntarily, with full knowledge of its consequences.
When a seafarer is abandoned; held captive on or off the ship as result of acts of piracy or armed robbery against the ship; or is incapable of traveling due to illness, injury or incapacity, or other causes that affect the seafarer's safety and security, no waiver shall be allowed or presumed.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
