ETHICS

• Declaration of Policy


  It shall be the policy of the State to promote and protect every Filipino seafarer desiring to work overseas by securing the best possible terms and conditions of employment
• Coverage


  These Rules shall apply to all Filipino seafarers, and their heirs; to any person who engages in ambulance chasing, personally or through an agent, and to those who impose excessive fees prohibited under Republic Act No. 10706
• Accident


  An unplanned or unexpected occurrence that may result in either personal injury, property damage or interference or any combination thereof which arises out of and in the course of employment
• Ambulance Chaser


  Any person, natural or juridical, who commits the act of ambulance chasing
• Compensation


  The total monetary award or benefits granted by the National Labor Relations Commission (NLRC)
• Fees


  The total amount of compensation of the person who appears for or represents the seafarers, or his/her heirs for services rendered
• Heirs


  Any heir of the seafarer as provided in the Civil Code of the Philippines, as amended
• Seafarer


  Any person who is employed or engaged in any capacity on board a seagoing ship navigating the foreign seas other than a government ship used for military or non-commercial purposes
• Soliciting


  Acts of instigating, inducing, encouraging, advising or requesting a seafarer or his/her heirs to pursue any claim against the employer for purposes of recovery of monetary claim or benefit
• Criminal action arising out of ambulance chasing shall be filed and decided pursuant to the Revised Rules of Criminal Procedure, Rules of Court
• Civil action arising out of ambulance chasing or imposition of excessive fees shall be filed and decided pursuant to the Rules of Civil Procedure, Rules of Court
• Administrative action against professionals, government officials and employees, or any other persons found violating the provisions of Republic Act No. 10706
• Criminal Liability


  Any person who commits the offense of ambulance chasing shall suffer a fine of not less than fifty thousand pesos (P50,000.00) but not more than one hundred thousand pesos (P100,000.00), or by imprisonment of one year (1) but not more than two (2) years, or both fine and imprisonment
• Civil Liability


  Any person who commits the offense of ambulance chasing shall be liable for damages and other relief after the filing of a separate and distinct civil action which shall proceed independently of any criminal prosecution
• Administrative Liability


  Professionals, government officials and employees, or any other persons found violating the provisions of Republic Act No. 10706 or the Seafarers Protection Act and its Implementing Rules and Regulations shall be penalized in accordance with the Revised Rules on Administrative Cases in the Civil Service and other related laws, rules and regulations
• The Department of Labor and Employment (DOLE) shall establish an oversight committee to monitor, verify and review the implementation and industry compliance with this IRR. For this purpose, it shall regularly report to the Maritime Industry Tripartite Council (MITC)
• Effect


  The stipulation in a contract or arrangement in violation of the prohibition on the imposition of excessive fees shall be subject to the provisions of the Civil Code of the Philippines and other related laws and regulations
• Compliance


  To ensure and monitor compliance, the NLRC or any labor arbiter, NCMB, POEA, DOLE
• Establishment of Action Desk


  There shall be established action desks at the NLRC or its regional arbitration branches, NCMB, POEA, DOLE or its regional offices or other quasi- judicial bodies handling labor disputes to receive report of incidence of ambulance chasing and excessive fees as defined in this IRR
• Separability Clause If any provision of these IRR is declared to be unconstitutional or invalid by a competent court, the remaining parts shall not be affected thereby.
• Repealing Clause
• This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation

  Effectivity
• The word "ethic" comes from the Greek ethos meaning character.