MANILA – The Department of Labor and Employment (DOLE) has issued guidelines on disputed cases involving money claims of Filipino seafarers.
The move complies with President Ferdinand R. Marcos Jr.’s call for the issuance of corresponding rules to ensure the immediate and full implementation of the Republic Act (RA) 12021 or the Magna Carta of Filipino Seafarers.
Department Order No. 247, series of 2025, which was issued on January 15, will implement Section 59 of RA 12021.
The order prescribes rules on the enforcement and execution of decisions of the National Labor Relations Commission (NLRC) and voluntary arbitrators under the National Conciliation and Mediation Board (NCMB) on financial claims of overseas Filipino workers (OFWs).
In a statement on Wednesday, DOLE said Section 59 of RA 12021 “requires that before a disputed amount of a monetary award in favor of a seafarer can be executed while the NLRC or voluntary arbitrator’s decision is pending appeal with the courts, the seafarer must first file a bond sufficient to fully restitute the amount in case the award is eventually reversed by the courts.”
The guidelines were formulated in coordination with the NLRC and NCMB and after consultation with tripartite stakeholders, DOLE said.
Under the rules, DOLE clarified the distinction between undisputed and disputed amounts for purposes of requiring the filing of the seafarer’s bond while the decision is being questioned in the courts.
The undisputed amounts include:
-- any unpaid salary or wage, including the amount equivalent to the unexpired portion of the contract in cases arising from illegal dismissal; - any remuneration capable of being expressed in monetary value as stipulated in the standard employment contract or in an applicable collective bargaining agreement;
-- any unpaid statutory monetary and welfare benefits;
-- the amount corresponding to the disability grading as determined by a third doctor in cases of claims for disability compensation;
-- any other amount admitted by the employer to be due the seafarer.
“Upon finality of the decision of the NLRC or voluntary arbitrator, the undisputed amounts shall be immediately executory even pending appeal with the courts without the seafarer being required to file a bond,” DOLE said.
Disputed amounts, meanwhile, include those determined to be legally due the seafarer and damages, including moral damages, exemplary damages, nominal damages, attorney’s fees, and other similar awards.
The labor department said upon finality of the decision of the NLRC or voluntary arbitrator, the disputed amounts shall be immediately executory, provided that the seafarer files the required bond.
“To protect all parties involved, the DOLE order also includes provisions to ensure the seafarer’s access to timely remedies, procedures in posting the bond to facilitate the execution of disputed awards pending appeal, and reimbursement of the costs of the bond should the courts eventually affirm the disputed amount in favor of the seafarer,” the DOLE said.
DOLE Secretary Bienvenido Laguesma clarified that the Magna Carta did not modify or amend the jurisdiction of the NLRC and voluntary arbitrators over money claims of Filipino seafarers.
“The general rule still holds that decisions of the NLRC and the voluntary arbitrators which have become final are still immediately executory even pending appeal with the courts,” he said.
“The requirement of a seafarer’s bond is an exception to this general rule and applies only to disputed amount in the awards of the NLRC or voluntary arbitrator. The order ensures that this requirement will be applied consistently with the intent of the law and that the rights of all parties are protected,” Laguesma added.
The new order is set to take effect 15 days after its publication in the Official Gazette or newspaper of general circulation. (PNA)