Execution of Judgment and Monetary Awards.
Section 59
SEC. 59. Execution of Judgment and Monetary Awards. - The DOLE, NLRC, and NCMB, in consultation with the Maritime Industry Tripartite Council (MITC) of the DMW, shall promulgate the necessary rules and procedures to ensure the fair, speedy, equitable, and just disposition and execution of decisions granting monetary awards for the salaries, wages, statutory benefits, and the death and disability claims of seafarers. Such rules and procedures shall institute mechanisms for the prevention of ambulances chasing and the motu proprio prosecution or disbarment of ambulance chasers, as provided under Republic Act No. 10706, Presidential Decree No. 442, as amended, and under applicable rules and professional codes of conduct. To ensure the full and timely restitution of the monetary award, the following mechanisms are instituted, without prejudice to such rules as the Supreme Court may issue or promulgate. The decision granting a monetary award in a voluntary or mandatory arbitration, or by the NLRC, must state the specific amounts for the payment of the following: (a) Any shares or wage; (b) Any statutory monetary and welfare benefits; (c) Any undisputed amount, which is admitted by a party to be legally due to the other party; (d) Any disputed amount determined to be legally due the seafarer; and (e) Damages, including moral damages, exemplary damages, nominal damages, attorney's fees, and other similar awards. The portion of the decision awarding items (a), (b), or (c) above shall be immediately executory even pending appeal or judicial review. Pending an appeal or judicial review, a writ of execution on items (d) and/or (e) shall only be issued if the judgment obligee posts a sufficient bond to ensure the full restitution of those amounts and the bond shall be maintained by the obligee until final resolution of the appeal or judicial review: Provided, That in the event of the seafarer ultimately prevails on appeal or judicial review, the losing party shall immediately reimburse the total amount paid by the seafarer for the cost of the bond. However, if the seafarer loses, no such reimbursement shall be made. The DMW, through the Agarang Kalinga at Saklolo Para sa mga OFW na Nangangailangan (AKSYON Fund), may provide financial assistance to the seafarer depending on the final determination of maritime disability grading under Section 57 of this Act for the payment of premiums of the bond either in full or in part. Pertinent guidelines for assistance in the payment of premiums, including the availment process, amount, or length of validity shall be issued by DMW, after consultation with stakeholders, including the DOLE, NLRC, seafarers unions, manning agencies, shipowners, or their representatives