Penalties.
SEC. 90. Penalties. - Upon finding of the DMW or the DOLE that a person or entity, whether public or private, has violated any provision of this Act or its IRR, the sanctions under administrative, civil, criminal, or other relevant laws shall be recommended to the appropriate government agency exercising quasi-judicial or judicial functions. If the violation is committed by a private entity or individual, the person directly responsible for the violation shall be liable to pay damages.
Administrative Fines and Penalties.
SEC. 91. Administrative Fines and Penalties. - Any shipowner, master mariner, or their representative who fails or refuses to present employment records, such as payroll and daily time records, pay slips, or other documents, such as medical records, when required by the individual seafarer, by the Secretary of the DMW, the Secretary of the DOLE, their duly authorized representatives, or by the duly authorized representatives of a recognized organization shall be subject to administrative fine ranging from One hundred thousand pesos (P100,000.00) to One million pesos (P1,000,000.00).
Penalty for Violation of Section 69 (Compliance and Certificate).
SEC. 92. Penalty for Violation of Section 69 (Compliance and Certificate). - Any shipowner, master mariner, or their representative who operates without, or fails to present when required, a valid Maritime Labour Certificate or its equivalent, shall be punished with a fine ranging from One hundred thousand pesos (P100,000.00) to One million pesos (P1,000,000.00), in accordance with the IRR of this Act.
SEC. 93. Penalty for Violation of Section 70 (Inspection and Enforcement). Any person who, without proper authorization, exercises the authority granted to the Secretary of the DOLE, PCG, and MARINA under Section 70 of this Act shall be punished with a fine of not less than Two hundred thousand pesos (P200,000.00) but not more than Two million pesos (P2,000,000.00), or imprisonment of not less than one (1) year nor more than four (4) years, or both, at the discretion of the court. The foregoing offense shall prescribe after five (5) years from its discovery.
Transitory Provision.
SEC. 94. Transitory Provision. - All rights, privileges, and benefits previously enjoyed by Filipino seafarers before the effectivity of this Act, including those set forth in Presidential Decree No. 442, as amended, and Republic Act No. 8042, as amended, shall continue to be recognized and shall not be diminished after the effectivity of this Act.
The transition period provided under Section 23 of Republic Act No. 11641 shall likewise be taken into consideration.
Creating Offices and Hiring Appropriate Personnel.
SEC. 95. Creating Offices and Hiring Appropriate Personnel. - The DMW, MARINA, DOLE and other concerned government agencies, upon consultation with and approval of the DBM, shall create the necessary offices and hire appropriate personnel to ensure the effective implementation of this Act.
SEC. 96. Appropriations. The amount necessary to carry out the provisions of this Act including, but not limited to, the funding of Seafarer Welfare Centers; One-Stop Shop Center for Seafarers; scholarship programs for seafarers; the development, improvement and enhancement of maritime education and training institutes; incentives and awards system for the MHEIs, seafarers, and maritime stakeholders; and the reintegration, transition assistance, and support programs shall be charged against the current year's appropriations of the DMW, MARINA, DOLE, DOTr, OWWA, TESDA, and other agencies concerned. Thereafter, such amount shall be included in the annual GAA.
Implementing Rules and Regulations.
SEC. 97. Implementing Rules and Regulations. - The DMW and MARINA, as Chair and Vice-Chair respectively, in coordination with the DOLE, DOTr, CHED, DFA, DOH, Department of Finance (DOF), OWWA, PCG, BI, TESDA, PAO, Bureau of Internal Revenue (BIR), and other concerned agencies, and upon consultation with representatives from maritime industry stakeholders, recognized organizations, academe and training institutions, nongovernmental organizations (NGOs), civil society groups, and all relevant sectors, shall promulgate the necessary rules and regulations to implement the provisions of this Act within ninety (90) days after its effectivity.
The DMW, pursuant to Section 3, paragraph (j) of Republic Act No. 11641, and Chapter II, Section 6, paragraph (v) of this Act, shall ensure that OFWs on board foreign registered commercial fishing vessels or vessels fishing in distant waters, serving as cruise ship personnel or as yacht crew, stationed on mobile offshore and drilling units in the high seas, and other persons similarly situated are given adequate protection under the relevant provisions of this Act and pertinent international agreements to which the Philippine is a party.
Separability Clause.
SEC. 98. Separability Clause. - If any provision of this Act is declared to be unconstitutional, the remainder thereof not otherwise affected shall remain in full force and effect.
Repealing Clause.
SEC. 99. Repealing Clause. - All laws, presidential decrees, issuances, executive orders, letters of instructions, and proclamations or administrative regulations inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.
Effectivity.
SEC. 100. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in a national newspaper of general circulation.
Approved,
(SGD.)FERDINAND MARTIN G. ROMUALDEZ
(SGD.) FRANCIS "CHIZ" G. ESCUDERO
Speaker of the House of Representatives
President of the Senate
This Act, which is a consolidation of Senate Bill No. 2221 and House Bill No. 7325, was passed by the Senate of the Philippines and the House of Representatives on July 31, 2024.
(SGD.) RENATO N. BANTUG, JR.
(SGD.) REGINALD S. VELASCO
Secretary of the Senate
Secretary General House of Representatives
Approved: SEP 23 2024
(SGD.) FERDINAND ROMUALDEZ MARCOS JR.
President of the Philippines
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
