Role of Government Agencies.
Section 86
SEC. 86. Role of Government Agencies. - In addition to the roles and functions specified in the provisions of this Act, the following government agencies shall perform the following functions to promote the welfare and protect the rights of Filipino seafarers: (a) CHED. - The CHED shall assist MARINA in setting the standards and monitoring the performance of maritime education program and MHEIs, ensuring the quality maritime education, including curricula, and training programs, are structures and delivered in accordance with the written programs, methods, and media of delivery, procedures, and course materials. Further, it shall assist MARINA in ensuring that international maritime degree programs are compliant with international standards prescribed under the STCW Convention and its amendments. (b) DFA. - The DFA, through its consular officer of foreign service posts, in coordination with the appropriate government agency, shall take priority action or make representation with the foreign authority concerned to protect the rights of overseas seafarers and extend immediate assistance. It shall provide a priority lane to expeditiously process the application of new passports or renewal of expiring passports of overseas seafarers. (c) DMW. - The DMS shall ensure that the standard working and living conditions of overseas seafarers of ocean-going ships of Philippine or foreign registry are met. It shall likewise ensure that the standards set forth under this Act, the MLC 2006, as amended, and other international treaties and conventions to which the Philippines is a signatory are faithfully complied with and fairly applied to overseas seafarers. To t his end, the DMW shall establish an effective system for inspection, accreditation, and licensing of manning agencies to ensure that the rights, benefits, working and living conditions of seafarers are met. It shall strengthen its research capability to provide studies/resources for evidenced-based policy decision-making and program development and continuously address gaps in the protection and welfare of overseas seafarers. The DMW shall ensure a fast and efficient way of processing employment contracts, renewal of manning licenses, accreditation of principals, and enrolment of vessels to promote the marketability and employment of overseas seafarers. It shall also continue to develop, enhance, and increase the accessibility of its gender and women empowerment training courses for seafarers in the maritime industry, which shall be made available in any format. including digital and e-learning format. It shall extend immediate assistance to overseas seafarers, their families, or next of kin, including for the repatriation of distressed seafarers, and any other analogous help or intervention. (d) DOH. - The DOH shall regulate the activities and operations of all clinics which conduct physical, optical, dental, psychological, and other similar examinations, hereinafter referred to as health examinations on overseas seafarers. In accordance with the provisions of Section 57 of this Act, the DOh shall likewise formulate and implement guidelines, in coordination with the DMW, on the selection, training, maintenance, and review of the pool of accredited third doctors for the disability grading of overseas seafarer's claims. The DOH shall determine and prescribe the nature of the medical examination required of an overseas seafarer, ensuring that such examination will genuinely determine the seafarer's state of health, considering the duties that the seafarer shall be required to perform on board. The DOH shall likewise prescribe the contents of the medical certificate to ensure that such certification will genuinely reflect the overseas seafarer's state of health. The DOH shall likewise fulfill its role under Section 23(c) of Republic Act No. 8042, as amended by Republic Act No. 10022. (e) DOLE. - The DOLE shall ensure that the standards set forth under this Act, Presidential Decree No. 442, as amended, other domestic laws, and other applicable international treaties and conventions to which the Philippines is a signatory, are faithfully complied with and fairly applied to Filipino seafarers of domestic ships. To this end, the DOLE shall establish an effective system for inspection and certification to ensure that the standard working and living conditions of domestic seafarers are met. (f) MARINA. - The MARINA shall ensure that the examination, licensing, and certification system for overseas seafarers is in accordance with the requirements prescribed under the STCW Convention, international agreements, other conventions relevant thereto, and other applicable laws, rules and regulations. It shall likewise adopt and implement appropriate standards for domestic seafarers, taking into account prevalent domestic, shipping conditions and after due consultation with domestic maritime stakeholders. For these purposes, there shall be an Office of the Deputy Administrator for Education, Training and Certification created under this Act. Such office shall be immediately prepared and organized by MARINA for submission to and approval by the Department of Budget and Management (DBM). (g) NCMB. - The NCMB shall, pursuant to Executive Order No. 126, series of 1987, as amended by Executive Order No. 251, series of 1987, as amended by Executive Order No. 251, series of 1987, and other relevant issuances of the DOLE, perform mediation and conciliation functions in the settlement of maritime labor disputes involving overseas and domestic seafarers, covered by a CBA or any similar agreement mandating submission to voluntary arbitration. It shall likewise promote voluntary approaches and alternatives in the prevention and settlement of maritime labor disputes consistent with its mandate. (h) NLRC. - The NLRC shall, consistent with its mandate and jurisdiction under Presidential Decree No. 442, as amended, and other labor laws, adjudicate labor and management disputes involving overseas and domestic seafarers, through compulsory arbitration or alternative modes of dispute resolution. (i) NMP. - The NMP shall: (1) Provide skills enhancement trainings mandated and recommended by international maritime conventions and other capability-building interventions that measure up to quality standards and respond to the needs of seafarers; and (2) Conduct strategic studies and research in support of decent employment, protection of rights, and promotion of the welfare of seafarers, including the empowerment of women seafarers, among others. The NMP shall likewise develop and maintain a resource center for Filipino seafarers that includes a database of seafarers and related statistics and information to aid in evidence-based policy making and program development, and to provide the seafarers with real-time updated information on matters affecting their employment and helpline support. (j) OWWA. - The OWWA shall, through its welfare officer or, in his/her absence, the coordinating officer, provide the overseas seafarers and their families all the assistance needed in the enforcement of contractual obligations by agencies and/or their principals. The OWWA shall likewise formulate and implement welfare programs for overseas Filipino seafarers and their families while they are abroad and upon their return, including the grant of free legal assistance to its member-seafarers. It shall ensure awareness by the overseas Filipino seafarers and their families of these programs and other related governmental programs. (k) PCG. - The PCG shall undertake port state control inspections of vessels calling at any port of the Philippines, in accordance with international conventions and standards, for the promotion of safety of life and property at sea, control and prevention of maritime pollution, and verification of compliance with the minimum standards of training and social condition of officers and crew on board the ships. The PCG shall, in line with its function to assist in the enforcement of applicable laws within the maritime jurisdiction of the Philippines, assist the DMW and/or the DOLE in the enforcement of rules and regulations issued for the purpose of implementing the MLC 2006, as amended, including orders to detain vessels in gross violation of pertinent laws, rules, and regulations. (l) Public Attorney's Office (PAO). - The PAO shall render, free of charge, legal representation, assistance, and counseling to seafarers or their families in criminal, civil, labor, administrative, and other quasi-judicial cases. The PAO may issue appropriate guidelines to ensure effective legal representation to seafarers. (m) TESDA. - The TESDA shall, in consultation with the CHED and subject to the approval of the MARINA, develop, establish, and implement non-degree courses and programs on maritime education and other quality technical education and training programs for seafarers who may want to learn new skills or enhance their existing skills. Unless otherwise provided in this Act, the mandate, power, and function of all existing departments, agencies, or instrumentalities of the government, including government-owned and -controlled corporations, shall remain and continue to be recognized in accordance with the law or order creating them.