PNoy signs 2 new laws for seafarers, convicts

MANILA, Philippines – President Aquino has signed into law two measures, including one protecting Filipino seafarers from unscrupulous individuals who take advantage of them by charging exorbitant fees and promising huge returns should they meet accidents while on the job.

Under Republic Act 10706, entitled “Seafarers Protection Act,” individuals or groups found to have charged seafarers excessively will have to suffer maximum imprisonment of two years, a maximum fine of P100,000 or both.

The same penalty will also apply to every person found to have conspired in this illegal act.

The new law is a combination of Senate Bill 2835 that senators approved last Sept. 21, and House Bill 5268, which the lawmakers passed last Sept. 30 and Aquino signed into law on Nov. 26.

It is a law against ambulance chasing and imposition of excessive fees on Filipino seafarers.

Under the new law, it shall be “unlawful” for any person to solicit, personally or through an agent, from seafarers the pursuit of any claim against their employers for the purpose of recovery of monetary claim, legal interest included, arising from accident, illness or death.

It also provides a threshold fee where suits for recovery of monetary claim or benefit were filed either at the National Labor Relations Commission (NLRC), National Conciliation and Mediation Board (NCMB), Philippine Overseas Employment Agency (POEA) or the Department of Labor and Employment where such fees “should not exceed 10 percent of the compensation or benefit awarded to the seafarer or his heirs.”

The government observed that some individuals or groups have exploited the compensation system and seafarers have “fallen prey to an unfair scheme” where ambulance chasers charge “exorbitant fees with the promise of huge monetary award.”

“Toward this end, such practice shall be declared unlawful,” the new law warned.

Meantime, Aquino also signed into law Republic Act 10707, amending the Marcos-era Presidential Decree 968 that provided rules on convicts who are eligible for pardon under the old statute.

Section 4 now provides that a judge can grant a convicted felon probation and “suspend” the execution of his sentence, place the defendant on “probation for such period and upon such terms and conditions as the regional trial court may deem best.”

This is provided the convicted felon files for such an application to be granted probation.

However, the convicted felon will not be entitled to such probation if he has opted to file an appeal, or has perfected the appeal for the “judgment of conviction imposing a non-probationable penalty.”

source: PhilStar News

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PNoy signs 2 new laws for seafarers, convicts

Blogger Saturday, April 09, 2016

PH Coast Guard searching for 13 missing crew of sunken ship

A passing vessel rescues 6 of the crew members of the Panamanian-registered M/V Fortune Life, which sank on November 27

MANILA, Philippines – The Philippine Coast Guard (PCG) is searching for 13 missing crew members of a Panamanian-registered cargo vessel which recently capsized in the waters off Vigan in Ilocos Sur.

PCG Northwestern Luzon district commander and Captain Leovigildo Panopio said on Saturday, November 28, that they have dispatched two search and rescue (SAR) vessels to find the crew of M/V Fortune Life, which sank Friday past 8 pm while bound for Malaysia.

“Under the SAR plan, the search is perpendicular. We are looking for the survivors who were able to float,” he said.

According to Panopio, the PCG could not send a diver because the ship was too deep underwater. The rough sea condition is also hampering the ongoing search for missing persons.

Panopio said he is not yet aware of the identities and nationalities of the M/V Fortune Life crew members.

When the foreign vessel sank on Friday, 3 vessels – M/V Great Tang, M/V Yue Dian, and M/T Ashley – helped in the SAR.

The PCG reported that M/T Ashley “rescued 6 crew members” of M/V Fortune Life before continuing its passage to Japan.

Source: Rappler.com

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PH Coast Guard searching for 13 missing crew of sunken ship

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Malacañang signs bill regulating profession of naval architecture

PRESIDENT Benigno S. C. Aquino III has signed into law the measure regulating and modernizing the practice of naval architecture in the Philippines.

Republic Act (RA) No. 10698 creates the Professional Regulatory Board of Naval Architecture which shall supervise and regulate the practice of naval architecture.

The board will also determine the requirements and evaluate the qualifications of applicants for registration to engage in the practice of naval architecture.

It will also inquire into the conditions affecting the practice of the profession and adopt measures for the enhancement and maintenance of high professional, ethical and technical standards.

Naval architecture is a branch of engineering concerned with the hydrodynamic and hull form characteristics of the ship, the structural design of the hull, its maneuverability characteristics and its ability to operate in the marine environment.

It includes Marine Engineering which is primarily concerned with a vessel’s engineering systems.

The law states that all applicants for registration to engage in the practice of naval architecture shall be required to pass the written licensure examination.

A certificate of registration for naval architects will be issued to applicants who will successfully pass the licensure examination.

It requires applicants to obtain at least a 70% general average and no rating below 60% in any subject.

The previous law, RA No. 4565 or the Naval Architecture and Marine Engineering Law, required those who will practice or offer to practice naval architecture and marine engineering to pass a technical examination.

Senate President Franklin M. Drilon, author of the measure, has said that the measure modernizes the practice of naval architecture “to ensure global competitiveness of our shipbuilders and secure our position as a leading global maritime nation.”

Mr. Drilon noted that a third of the world’s 1.5 million seafarers are Filipinos. “Because of their exceptional skills and outstanding work ethic, the Filipino is undeniably the world’s seafarer of choice,” he said.

RA 10698 imposes heavier penalties for the practice of naval architecture without a valid certificate of registration and professional identification card and other violations of the law — a fine of P50,000 to P1 million and imprisonment for six months to three years.

The previous law, signed in 1965, imposes P500 to P2,000 fine and imprisonment of three months to one year.

The law also widens the scope of the practice of naval architecture to include “[t]eaching of naval architecture professional subjects in government-recognized and accredited engineering schools; and [e]mployment in government as a professional naval architect if his work is in line with his profession requiring professional knowledge in naval architecture.” — Kathryn Mae P. Tubadeza

Source: Philippine Star

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Malacañang signs bill regulating profession of naval architecture

Blogger Friday, November 20, 2015

ITF chief hails Filipino seafarers; new Guinness record achieved

International Transport Workers’ Federation (ITF) General Secretary Steve Cotton hailed the country’s seafarers for their “strong family values binding them and their families, leading to progress and development in family and national economic life.”

Speaking at the 55th founding anniversary of Associated Marine Officers’ and Seamen’s Union of the Philippines (AMOSUP) the other night (Nov. 11) at the SM Mall of Asia Arena in Pasay City, Cotton said of Filipino seafarers, “their sacrifices, hard work and be(ing) away from their families during their tour of duty are paying off,” in terms of financial support to their families, education and healthcare for their children.

As Cotton was addressing the audience, a good news broke – the Philippines just set a new record in Guinness Book of World Records: It is now the country that presented the largest “human-shape wheel formation,” with 2,276 seafarers and maritime students participating at around 3 p.m. on anniversary day of the union.

Mr. Cotton to the top of his voice, shouted on stage: “Filipino seafarers, you are the largest group in the world. Filipino seafarers, you are the best in the world!,” as he vowed to continue ITF’s commitment to give Filipino seafarers more protection and assistance in their work and professional enhancement. There are more than 400,000 Filipino seafarers working aboard foreign ships, more than 100,000 of them are members of AMOSUP – the largest union of marine officers, ratings and other maritime service providers worldwide.

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For his part, AMOSUP president Dr. Conrado F. Oca once more thanked the Filipino mariners for their heartfelt cooperation with the union. He committed more AMOSUP benefits and productive programs for union members. Dr. Oca described Filipino seafaers as “effective workers, and great heroes in maritime and shipping sectors.”

Retired Vice Admiral Eduardo Ma. R. Santos, AMOSUP executive vice president, led the AMOSUP contingents to the arena.

Source: Seafarerstimes

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ITF chief hails Filipino seafarers; new Guinness record achieved

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Abaya admits lapses in filing cases vs innocent ‘tanim bala’ victims

Transportation Secretary Joseph Emilio Abaya admitted on Thursday that there were “certain lapses” on the part of the government that resulted to the arrest of some “innocent” individuals, who were detained and charged for alleged possession of ammunition while traveling in Manila’s airports.

Abaya said that from the very start, he believed that Gloria Ortinez, an overseas Filipino worker who was detained and charged for allegedly carrying a bullet last October 25, was innocent.

If Ortinez was indeed innocent, OFWs advocate and senatorial bet Susan Ople then asked if the government would apologize to the victim, who now risks of losing her job in Hong Kong because of the incident.

Ople, who also heads the Blas Ople Police Center, said she and Ortinez will go to Hong Kong this Saturday to talk to the employer and explain the incident.

“Wala pa akong naririnig kung may regret man lang po ba; mayroon po bang pabaon man lang na humihingi ng depensa sa isang OFW na halata naman pong inonsente?” the senatorial bet said during the joint hearing of the Senate blue ribbon and public services committees.

“Wala man lang po bang magpapabaon ng sorry sa inyo kay Nanay Gloria dahil hindi po namin alam talaga kung may trabaho pa siya o wala sa Hong Kong?” she asked.

“From the very start, noong nagsalita ako, naniniwala ako na walang kasalanan po si Nanay Gloria at ang iba pang mga bisita natin dito,” Abaya said.

But Ople insisted that Ortinez, who she said was “completely” innocent, has to show something that the government made a mistake.

“I do agree, I could write a letter right now. She could bring it with her. I could personally make a call to her (employer), if I could get the number , I’ll call the employer,” Abaya said.

“Obviously, there are certain lapses, may pagkukulang ang ating pamahalaan. Whatever Nanay Gloria would request me to do, I’ll do,” he added.

After the hearing, Abaya approached Ortinez and apologized.

Earlier in the hearing, Abaya promised to come out with a clear policies to look after OFWs “and at the same time also protect our enforcers.” JE

Source: INQUIRER.NET

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Abaya admits lapses in filing cases vs innocent ‘tanim bala’ victims

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The New Panama Canal Is Leaking Water—And Money

Cracked concrete may further slow down expansion project, which has already faced major hurdles.

As early as August, grim videos emerged showing water streaming through cracked concrete at the Pacific end of the ongoing Panama Canal expansion project. The Panama Canal Authority (ACP) has since acknowledged that leaks developed during stress testing of the new locks.

ACP tentatively stated that the leak won’t cause further delays, but samples taken from the massive concrete structure have shown apparently serious problems, and ACP is still waiting on a full assessment from the project’s contractor, Grupo Unidos por el Canal (GUPC).

If the leaks do cause delays, they would be added to the long list for a project has also faced massive cost overruns and bitter contract disputes. The initial target opening date for a bigger canal was October 2014, to coincide with the 100th anniversary of the original canal. But that was first pushed back to April 2015, and then to the current target of April 2016. The ACP has previously downplayed the likelihood of delays, only to reverse itself.

The relationship between ACP and GUPC has shown plenty of cracks too. As Fortune previously reported, those familiar with the project have long believed that the initial winning bid from GUPC—a consortium of Spanish, Belgian, Italian, and Panamanian firms—was unrealistically low at $3.2 billion (of an overall $5.3 billion initial tab). This was much lower than competing bids, and even below initial government cost estimates.

The circumstances of the bidding process were questionable. The contract was awarded under previous Canal administrator Alberto Alemán Zubieta, who was also former CEO of Constructora Urbana, S.A. (CUSA), the Panamanian wing of the winning GUPC consortium. Zubieta’s cousin Rogelio E. Alemán is now CUSA’s vice president (link in Spanish). In 2010, Spain’s El Pais discovered leaked documents (link in Spanish) that quoted Juan Carlos Varela, then vice president and now president of Panama, saying, “When one of the bidders bids $1 billion less than the next, there is something very wrong.”

Since then, delays have been caused by labor disputes, issues with materials, and GUPC’s attempts to, in essence, renegotiate its initial low bid. This peaked with a January 2014 demand by GUPC that $1.6 billion in cost overruns be covered by APC. GUPC threatened to stop work if its demands weren’t met, a crisis barely averted through a partial settlement.

Every delay of the canal expansion also delays global trade growth. The new, widened channel will allow for the passage of much larger ships, which is widely anticipated to increase trade volumes, in particular, between Asia and the U.S. East Coast. This anticipated growth has triggered harbor deepening and infrastructure investment at ports along the U.S. East Coast, which could face extended underutilization if the canal expansion is delayed further.

The necessity of the canal expansion has been highlighted over the past week, as a growing backlog of ships waited as long as five days to pass through the current canal. In mid-October, the Panama Canal Authority announced that the canal moved a record 340.8 million tons, a historical high and a 4.3 percent increase over 2014.

APC has said that it expects a full assessment of the leaking locks from GUPC within three weeks.

Source: Seafarerstimes

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The New Panama Canal Is Leaking Water—And Money

Blogger Tuesday, November 17, 2015

Sailors’ Society Helps Philippines Rebuild after Typhoon rebuilding

Two years on from the devastation caused by Typhoon Haiyan (Yolanda), thousands of Filipinos from seafaring communities are benefiting from the rebuilding program provided by maritime charity Sailors’ Society.

On November 8 2013, the most powerful storm ever to make landfall struck the Philippines, killing more than 6,000 people and leaving millions without food, shelter or livelihood.

Having raised £225,000 in an emergency appeal, Sailors’ Society partnered with Habitat for Humanity Philippines and the Homer Foundation and began a campaign to help rebuild communities affected by the super Typhoon.

Sandra Welch, Sailors’ Society’s director of program, said: “We have long offered chaplaincy and welfare support to seafarers in the Philippines. When the typhoon struck, it was vital that Sailors’ Society acted to provide dedicated emergency support and longer-term relief to those who had had their lives torn apart.”

The Rebuild Philippines campaign has delivered 48 new typhoon and earthquake resilient homes for seafarers’ families, fishing boats for seafarers’ families who need this supplementary income to get back on their feet and a dedicated family outreach worker providing trauma counselling and specialist help. Three port chaplains are working with seafarers and their families, offering financial and spiritual support.

Sailors’ Society chaplain Jasper del Rosario, said: “The young widow of a seafarer was stripped of all means to support herself after the storm. Her home was devastated and her business destroyed. Nothing was left, only thick, black mud inside her ruined home and dead bodies of her neighbors and friends lay around. She was crying when she asked: “How can I look after my children?” We recommended grants to help her support her family and rebuild her home and business. Her eldest son wants to become a seafarer someday like his dad.”

Some 4,500 schools were damaged or destroyed in the disaster and Sailors’ Society has built classrooms that double as emergency community shelters. More than 1,500 students and teachers will benefit from these new buildings and equipment, including bikes for students to travel the often long distance to school. Two newly built medical/community centers are also providing vital health facilities and meeting points.

Welch added: “Thousands of lives are now getting back on track as a result of our joint relief efforts, but the development work is ongoing and, for many, the emotional scars are still healing. In 2016, Sailors’ Society plans to build more homes and medical centers for seafaring communities affected by Typhoon Haiyan, as well as continuing to provide welfare and emotional support.”

Source: UFS

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Sailors’ Society Helps Philippines Rebuild after Typhoon rebuilding

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South China Sea tensions China stiff-arms United Nations tribunal over territorial row

A Manila-based maritime security analyst, Rommel Banlaoi, said that China’s dredging activities have completely changed the character of what were once tidal rocks and that the court could very well recognize the Philippines has maritime entitlements in the area. Numerous parties involved in the dispute are key US allies who are looking to the U.S.to protect their claims. Wu said the United States should not force other countries to accept its proposal and must not infringe upon other country’s interests in the name of maintaining freedom of navigation.

An article in the state-run tabloid Global Times acknowledged that the US and Japan would have “calculated that the Strait of Malacca is within the radius of Chinese aircraft above the reefs”. The USA government claims it was on “routine operations in the South China Sea in accordance with global law”. Beijing’s claim that its territory is being infringed upon therefore rests on a sketchy map dating to the 1940s in which nine dashes are superimposed across 80 percent of the South China Sea.

An EU official stated that the union is anxious by Beijing’s plans for more islands. Vietnam, the Philippines, Taiwan, Malaysia and Brunei contest China’s sovereignty over parts of one of the world’s busiest sea lanes. China insists its sovereignty in the South China Sea was grounded in history and protected under global laws including the UNCLOS. Washington and Beijing should exercise self-restraint to prevent an unanticipated incident that could escalate into a military confrontation.

The European Union has been nursing relations with Beijing, hoping to attract Chinese funds to relaunch the bloc’s sluggish economy and has been negotiating a bilateral investment and trade deal. A new hearing will now be held behind closed doors in The Hague, and a final decision is not expected until next year. Mr. Xi pledged that China would not militarize the islets it is building – but that dubious promise, like his already-broken pledge to end cyberattacks on US companies, needs to be tested in practice. “Nothing has been canceled”, said the official.

The Philippines filed the case before the tribunal in The Hague in 2013 to seek a ruling on its right to exploit the South China Sea waters within its 200-nautical mile (370km) exclusive economic zone as allowed under the United Nations convention. The Tribunal dismissed the arguments stated by China in its position paper that was not officially submitted but nevertheless, considered by the Court. The court has now ruled that it has jurisdiction in the case and will rule on the matter. It should freeze construction of facilities on the artificial islands and start talks with the other countries concerned to settle territorial disputes, including pushing negotiations with ASEAN for an early conclusion of a legally binding code of conduct for the South China Sea.

Source: UFS

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South China Sea tensions China stiff-arms United Nations tribunal over territorial row

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SEC okays capital hike of shipping firm to P2B

The Securities and Exchange Commission (SEC) has allowed Navotas-based Asian Shipping Corp., one of the largest domestic shipping firms in the Philippines, to increase its authorized capital stock by nearly seven times, from p300 million to R2 billion.

In one of its recent en banc sessions, SEC Commissioners already approved the request of Asian Shipping to boost the company’s capital to p2 billion, while having a current subscribed capital of p725 million and paid-up capital of R406.25 million.

The company announced in its social networking site account more than a week ago that it just launched its brand new tug, M/Tug Ernie.

When asked for comments regarding the new fleet and its reasons for increasing its capital, the company did not yet give any response.

Asian Shipping, which leases landing craft tanks, tugs, and barges, was the top domestic shipping company in the Philippines in terms of gross register tonnage (GRT), with 125.7 thousand GRT, in 2014, a Maritime Industry Authority (Marina) data showed.

In terms of the number of fleets, Asian Shipping is also one of the biggest among local shipping firms having more than a hundred vessels.

The Maritime Industry Authority is an attached agency of the Department of Transportation and Communications tasked to accelerate the integrated development of the maritime industry in the country.

In the latest available data provided by Marina, a total of 20,280 vessels are engaged in domestic operations in the Philippines as of July, 2014, up 6 percent from 19,011 in December, 2013.

Other companies who recently bagged the SEC approval to increase their authorized capital stocks are AL Hilal International Shipping Corp. and Majestic Landscape Corp.

Al Hilal, which does international shipping, got the approval to increase its capital from R25 million to R125 million, while holding firm Majestic Landscape was allowed to hike its capital from R10 million to R210 million.

According to its website, Al Hilal pioneered the development of the petroleum tanker and agriculture/marine trades in the country. It offers a wide range of shipping-related services catering to mining, oil, gas, container and specialty carriers.

As one of the largest shipping operators in the Sulu archipelago region, it manages more than 10 vessels on a 24-hour a day routine.

Majestic Landscape, on the other hand, is a local holding firm that is engaged in real estate, landscaping, among others.

Source: Seafarertimes

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SEC okays capital hike of shipping firm to P2B

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MARINA lambasted, remains passive despite massive disapprobation

United Filipino Seafarers (UFS) yesterday once again thumped the seemingly hard-headed and insensible Maritime Industry Authority (MARINA) through another monolithic demonstration held exactly outside MARINA’s office in Taft, Manila.

The protesters, however, were shocked as Coast Guard trainees were shamelessly used by MARINA to form a human barricade thwarting UFS-led demonstration. The action employed yesterday by MARINA was never a new thing  as during the first rally last October 14, 2015, it intentionally re-scheduled and held the oath-taking of its newly-registered and promoted officers at the parking lot of MARINA—a desperate counter act that was conspicuously aimed at blocking the protesters.

UFS’ second protest rally was prompted due to MARINA’s continued negligence in attending to Filipino seafarers’ concerns considering the fact that the latter had already agreed with the former after the first dissent to review its implemented platforms which earlier drew overwhelming flak from Filipino mariners for being “unjustifiable and a heavy burden.”

Prior to yesterday’s demonstration, UFS already held a rally on October 14, 2015 in which one of the issues raised was the re-raking of licensure examinations among mariners who have not used their license for five years or more. Shortly after, MARINA expressed its willingness to review and modify some of its provisions to attain mutual understanding between their party and the protesters.

However, the recent circular order released by MARINA does not seem to walk its talk. While the re-taking of licensure examination is no longer included to its roster of requirements, a new “abbreviated test” popped out as a replacement of such—an act which is a clear manifestation that MARINA is underestimating Filipino mariners’ comprehension about the subject at hand.

UFS questions the significant difference between the abbreviated test and the actual licensure examination. But MARINA Administrator Maximo Mejia could not offer a concrete answer that would meet both ends—their goal of attaining “maritime excellence” as well as UFS and other mariners’ concerns.

Apparently, the content and scope of the exam was the only thing that has been modified, but looking at the bigger picture, the consequences that the abbreviated exams entail are no different to the licensure test.

Failure in examination is equal to inability to work as a licensed mariner, inability to work is tantamount to zero salary—a ghastly fact that marine protesters are trying to prevent.

UFS along with thousands of allies, expert engineers, and mariners–who are one of the prime movers of the seafaring industry; thus, of the Philippine economy—will never get tired of pursuing its sworn mandate of protecting the welfare of the Filipino mariners.

Unless MARINA’s rotten system has been muscled down, the fight continues—no matter how far and how long it takes.

Source: Tinig ng Marino

Photo Source: Inquirer News

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MARINA lambasted, remains passive despite massive disapprobation

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