A Filipino Seafarer has been arrested recently in Australia for carrying three DVDs with pornographic content. Previously, two other Filipinos had also been arrested for committing the same violation. Australia prohibits and imposes stiff penalties on the import of such pirated video materials.

Some countries which also prohibit the import of pirated video materials and require that electronic devices of arriving passengers such as cellular phones, mp3 players, laptops and flash disks be submitted to their Immigration Section for checking of the contents.

Travelers caught transporting illegal drugs run into risk of being imprisoned or meted with death penalty even if they claim they have no knowledge of such items in their possession.

International drug syndicates usually use "mules" or drug couriers. Illegal drugs are sometimes placed inside innocent looking packages such as shoes, books or buttons of clothing. In some cases, the drugs are kept inside the body of the "mule".

PDOS providers are enjoined to warn their participants constantly so they will not suffer the same fate as the Filipinos who are languishing in jail in foreign countries for drug trafficking. Most countries consider drug trafficking a serious offense and carry stiff penalties like imprisonment and death.

The requirement obliges all persons entering or leaving Malaysia with cash and/or bearer negotiable instruments exceeding an amount equivalent to USD 10,000 to declare such amount ot the Royal Malaysian Customs using Customs Form 22 which will be available at all major entry and exit points in Malaysia.

The penalty for non-declaration or making false declaration is a maximum fine of RM1 million and /or imprisonment of not more that one (1) year.

In this regard, the POEA through Memorandum Circular No. 12, series of 2009 prescribed additional requirements for processing of seafarers transiting the GOA among which is a Certificate of compliance to the Pre-Departure Orientation Seminar which has an Anti-Piracy Training Component consisting of the following:

"a. Shore-based training to improve knowledge and skills on how to carry out risk assessment; understanding piracy threats and current patterns; how to conduct the physical preparation of the vessel; conduct during transit to the high risk zone; actions on encountering pirates;

b. On-board exercises and drills on implementing anti-piracy strategy."

On 8 January 2010, a Tripartite Summit to address piracy issues was held in AMOSUP Seamen's Center, Manila participated in by representatives of government (DOLE/POEA), employers, seafarer's unions and international organizations. One of the resolutions adopted in the summit was that "manning agencies shall provide, pursuant to the guidelines of the POEA and at no cost to the seafarers, an anti-piracy awareness training seminar for departing seafarers effective February 01, 2010".

One issue that came up after the issuance of the said resolution is the conflicting positions of the manning agents and their principals on how to compute the wages if the sailing time for transiting the declared high-risk zone consists of a fraction of a day, i.e. whether the fraction will be treated as one whole day or will the wages be multiplied by the actual number of sailing hours. The POEA through its Administrator issued Memorandum Circular No. 14, Series 2009 to resolve the seemingly conflicting positions through the following guidelines, to wit:

1. The entitlement to double wage, compensation and benefits shall commence as soon as the vessel enters the declared high-risk zone as defined under Governing Board Resolution No. 6 series of 2009. The compensation and benefits provided shall be limited to the duration of the vessel’s transit through the high-risk zone.

2. In the computation of the daily rate of the basic pay, guaranteed or fixed overtime and leave pay, the monthly figures shall be divided by 30 days. The resulting amount (quotient) is the daily rate. This will then be multiplied by two (2) to arrive at the doubled daily rate of the compensation due the seafarer.

3. In the case of seafarers whose overtime pay is based on an hourly rate, the computation of the daily rate shall be based on a regular working hours of eight (8) hours in every 24 hours, midnight to midnight, Monday to Sunday, in accordance with Section 10B of the Standard Terms and Conditions Governing the Employment of Filipino Seafarers On-Board Ocean-Going Vessels.

4. Any fraction of the day shall be considered as one day for purposes of computing the daily rate.

It is worth-mentioning that pursuant to Memorandum Circular No. 12, Series of 2009, the principals/employers, through their manning agencies are required to submit a written report to Department of Labor and Employment and Department of Foreign Affairs on any incident of piracy involving their enrolled vessels, immediately after the occurrence of the incident. The report must contain a description of the incident, actions taken and lessons learned.

In this case, seafarer/petitioner was hired as chief cook for a 3-month contract of employment. While on board the vessel, he felt a throbbing pain in his chest and shortening of breath. Upon completion of his contract, he was repatriated and immediately reported to vessel interests/respondents his condition but that he was never referred to a doctor for consultation. Seven months after, petitioner sought re-employment and during his PEME he was diagnosed with error of refraction, hyperglycemia, cardiac dysrhythmia and atrial fibrillation with rapid value response. He was declared unfit for sea duties and was denied further deployment.

Petitioner sought the opinion of a private doctor and was assessed with an Impediment Grade IX and that his illness was work-aggravated. He then filed a complaint for payment of permanent disability benefits, medical reimbursement, sickness allowance, compensatory damages, moral damages, exemplary damages and attorney’s fees.

The Labor Arbiter, the NLRC and the Court of Appeals dismissed seafarer’s complaint. Both the Labor Arbiter and the NLRC discredited seafarer’s allegation that he reported his medical condition to the manning agent.

The Supreme Court denied the petition. The Court ruled that petitioner was repatriated not on account of any illness or injury, but due to completion of contract. The records are bereft of any documentary proof that he had referred his illness to a nurse or doctor in order to avail of proper treatment regarding his condition. But even assuming that petitioner was repatriated for medical reasons, the Court said that petitioner failed to submit himself to the company-designated physician for medical examination within three days from his arrival. Petitioner submitted himself for medical examination to the company-designated physician only seven months after his repatriation following the completion of his employment contract. Thus, failure to comply with this requirement bars the filing of any claim for disability benefits.

Dionisio Musnit vs. Sea Star Shipping Corporation and Sea Star Shipping Corporation, Ltd. ;  G.R. No. 182623; First Division; December 4, 2009 ; Supreme Court Associate Justice Conchita Carpio Morales, Ponente.

The confirmation for such compliance affirms the Philippines' continued inclusion in the so called IMO (International Maritime Organization) "whitelist".

The 2009 inclusion is the outcome of the second cycle report which was due for submission last July 28, 2009, but was communicated earlier to the IMO Secretary-General on February 3, 2009. The first report on the results of the independent evaluation was submitted in January 2004 and confirmed by the MSC in May 2005.

Note that "Whitelisting" of Parties to the STCW Convention is one of the drastic changes in the 1995 amendments to the Convention which provide effective mechanisms for the enforcement of its provisions. In fact, Regulation I/7 of the Convention requires additional information to be communicated to the IMO Secretary-General which must demonstrate that full and complete effect is given to the Convention.

The information communicated to the IMO which are generally instruments promulgated by the member governments are reviewed and verified by the IMO competent persons, which are foreign experts who would submit their views and findings to the IMO Secretary-General. The latter submits a report to MSC for confirmation.

The initial report of MTC to the IMO under Regulation I/7 was communicated in February 1999 and confirmed by the MSC in December 2000.
The sustained inclusion of the Philippines in the IMO "whitelist" will ensure the unhampered recognition by other Parties to the STCW of the certificate of competency issued by the Philippine government. Otherwise, other Parties may refuse recognition of these certificates.

During the 86th session of the MSC, only eight STCW Parties, including the Philip-pines, were confirmed compliant to the Convention. This makes a total of 23 STCW Parties confirmed for the Second Cycle of the reports due this year.

Meanwhile, the Accreditation Division of the Maritime Training Council is reminding all the training centers that there is no need to submit a letter of intent when filing for an application for renewal of accreditation of courses. The same is true for existing and applicant training centers intending to offer new courses. Instead, application documents should be submitted six months prior to the expiration of the training permits.

Moreover, MTC Memorandum Circular No. 03, Series of 2008 (Revised MTC Inspection Checklists) is already in effect. Hence, all concerned are reminded to comply with the new requirements for the following courses:

1. Basic Safety Training Courses (Elementary First Aid, Personal Survival Techniques, Fire Prevention and Fire Fighting, Personal Safety and Social Responsibility ;
2. Medical Emergency First Aid;
3. Medical Care;
4. Advanced Training in Fire Fighting/
5. Proficiency in Survival Craft and Rescue Boats;
6. Proficiency in Fast Rescue Boats;
7. Shore-Based Fire Fighting;
8. General Tanker Familiarization ;
9. Specialized Training in Oil Tankers ;
10. Specialized Training in Chemical Tankers;
11. Specialized Training in Liquefied Gas Tankers.

A copy of the said Memorandum Circular can be downloaded from the MTC website at www. mtc.gov.ph.

ΤΗE Philippines is now busy preparing for the successful hosting of the International Maritime Organization's diplomatic conference in June 2010.

Lead agency is the Department of Foreign Affairs, supported by almost all departments and agencies involved in maritime, labor, trade and diplomatic relations.

As host, the Philippines will be providing the coming conference delegates with hotel accommodations, transportation, foods, security and everything that goes with being host country.

Recall that President Gloria Macapagal Arroyo while meeting with IMO secretary General Eftimious Mitropolous in Geneva some years ago had verbally invited the IMO to hold conference in Manila.

Thereafter, Mitropolous expressed appreciation by the international community for the indispensable presence of the Filipino seafarers, who globally account for more than 28 percent of the seafarers onboard ocean-going fleet today.