Philippine Shipping Updates – Manning Industry [download]

By:  Ruben Del Rosario, President, Del Rosario Pandiphil Inc., October 24, 2008

Del Rosario & Del Rosario congratulates its partner, Joseph Rebano, on his election as President of the Maritime Law Association of the Philippines for the year 2008-2009

This issue contains the following:

Recommendations on the 120/240 days issue
2007 Seafarer’s statistics from the POEA
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Recommendations on 120/240 days issue

In view of the recent Vergara decision by Justice Brion, Del Rosario & Del Rosario reiterates the guidelines in said decision:


1.    Upon sign-off from the vessel for medical treatment, the seafarer must report to the company-designated physician within three (3) days from arrival for diagnosis and treatment,

2.     For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary disability as he is totally unable to work.  He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is defined under the POEA Standard Employment Contract and by applicable Philippine laws.

3.    If the 120 days initial period is exceeded and no such declaration is made because the seafarer requires further medical attention then the temporary total disability period may be extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that a permanent partial or total disability already exists.  The seafarer may of course also be declared fit to work at any time such declaration is justified by his medical condition.

In addition, Del Rosario continues to recommend the following guidelines which have proven effective:

4.    Treatment of an Illness or injury must be closely monitored to ensure that the seafarer gets the proper medical attention so he can return to work at the soonest possible time.

5.    Timely medical reports must be made immediately after a hospital procedure and/or doctor visit but no later than the 30th, 60th and 90th day of treatment.  Such report must include current health of the seafarer and future medical prognosis.  

6.     An interim detailed assessment is recommended before the 120th day.  Such 'assessment' must include future medical prognosis including an estimate of when the seafarer will reach maximum medical improvement or be declared fit to work.    Such assessment will be used to determine the proper course of action before the 240th day of treatment.

7.    In any event, a disability grading or fitness to work declaration must be made before the 240th day (8 months) of treatment, otherwise, the seafarer is automatically considered totally and permanently disabled.

Author’s Note:  The Vergara decision attempted to reconcile the 120 day decisions of the Supreme Court with the disability grading provisions of the POEA contract.  This was done by extending the determination of a disability grading to 240 days.  Certainly, 8 months is enough time to cure most illnesses / injuries or in the worst case, determine the proper disability grading of the seafarer.  We now have to wait and see how future decisions of the Court will address the issue.  


2007 POEA statistics on seafarers

1.  Seafarers Deployed    266,553
2.  Seafarers Processed    389,607
3.  Seafarers Registered (New Entrants)    31,709
3.1. Deck Department    13,162
3.1.1. Ratings    1,507
3.1.2. Officers    11,655
3.2.  Engine Department    4,987
3.2.1. Ratings    1,001
3.2.2. Officers    3,986
3.3.  Catering Department    7,792
3.4.  Other Ranks and Ratings    1,390
3.5.  Luxury Vessel Posts    1,104
3.6.  C3 Registrants    1,669
3.7.  RCs/REUs    6,871
4.  Seabased Principals Accredited    1,159
5.  Crew Orders Approved    51,581
6.  New Vessels Enrolled    3,012
7.  Licenses/Authorities Issued    14
8.  Licenses/Authorities Renewed    63
9.  Seafarers' Remittances (in "000 US$)    2,236,363

This publication aims to provide commentary on issues affecting the manning industry, analysis of recent cases and updates on legislation.  It is meant to be brief and is not intended to be legal advice.  For further information, please email This email address is being protected from spambots. You need JavaScript enabled to view it. .
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