Dear Friends,
 

MERRY CHRISTMAS AND A HAPPY NEW YEAR!
 

As Christmas draws near, we just want to say a big thank you for trusting us this year. Your support means so much, and we’re excited to keep working together in the year ahead.
 
This season is all about hope and kindness, so we’d like to offer a special prayer for our Filipino seafarers around the world whose work contribute significantly to the economic well-being of the Philippines. May they stay safe on every voyage, find strength in every challenge, and feel the love of family even from afar. We pray for calm seas and their joyful return home soon.  If you happen to see a Filipino seafarer this season, please greet them with a warm “Maligayang Pasko!” 
 
From all of us at Del Rosario and Del Rosario Law Offices and Del Rosario Pandiphil, we wish you and your loved ones a very Merry Christmas and all the abundance of the coming New Year!
 

Maligayang Pasko at Manigong Bagong Taon
 

With warm regards,
 
Ruben Del Rosario / Arturo Del Rosario
 
Charles Jay Dela Cruz / Joseph Rebano / Herbert Tria
 
Denise Cabanos / Florencio Aquino / Catherine Mangahas-Soliven / Pamela Coseip-Abarico / Saben Loyola / Gina Guinto-Ambil / Aldrich Del Rosario
 
Veronica Del Rosario-Aguinaldo / Josie Dino / Jay Arthur Del Rosario / Deogracias Garcia / Razelle España / Shirley Perez

Reportorial Requirements on the Company

Under the Magna Carta of Seafarers

in Critical/Medical Incidents

The Magna Carta of Filipino Seafarers (Republic Act No. 12021) imposes obligations on shipowners and manning agencies to ensure transparency and protect seafarers’ rights. One key obligation is the reportorial requirement, which mandates timely reporting of incidents affecting seafarers.
 
Legal Basis
 
Under Section 11 of the Magna Carta, companies must promptly inform the seafarer’s family or next of kin in cases of critical incidents such as accidents, death, piracy, abandonment, or other emergencies. Reports must include investigation findings, actions taken, and plans for remedies or repatriation.  It should be noted that as long as the incident is deemed to be on the scope of “emergency”, the reporting requirement must be followed.
 
The Implementing Rules and Regulations (IRR) of the law (Rule III, Section 1.12) further requires reporting of all medical incidents onboard, even those not resulting in disembarkation or repatriation. Compliance timelines are:

• Critical incidents: Report to the Department of Migrant Workers (DMW) within five (5) days from knowledge of the incident.
• Other medical incidents: Report within five (5) days from the date of occurrence.

 
Reporting Mechanism
 
All reports must be submitted through the manning agency using the OFW Monitoring Welfare System (OWMS), the official platform designated by the DMW. This ensures proper documentation, monitoring, and compliance with the requirement of the law.
 
Scope and Coverage
 
The requirement applies to:

• Shipowners and manning agencies employing overseas Filipino seafarers on ships.
• Incidents involving health, safety, and welfare, including injuries, illnesses, and such other emergencies.

 
Penalties for Non-Compliance
 
Failure to comply may result in administrative sanctions such as suspension of license and payment of a fine, as provided under regulations and the IRR. On a related note, and in accordance with its regulations, the DMW has been strict on failure or delay in reporting and imposed sanctions on concerned manning agents / principals for failure to report passage into the Red Sea and other warlike zones or incidents happening during the ship’s passage in said areas. 
 
Purpose and Impact
 
This measure strengthens accountability and ensures that seafarers and their families receive timely information and assistance. It also aligns Philippine maritime practices with international standards, and it is highly recommended that steps be taken to ensure compliance to avoid issues with the DMW.

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Areas of Specialization:  Labour & personal injury, litigation and dispute resolution, corporate and commercial, shipping and admiralty, intellectual property, cargo claims and charter party, transport, insurance and reinsurance, arbitration and ADR, immigration.