Screwing Filipinos & Imprisoning Lawyers: Seafarers "Protection Act" Protects Cruise Line Employers

Filipinos are the most mistreated seafarers on the high seas. They work long hours every single day on tankers and cargo & cruise ships far away from their families for long periods of time for little money.   

When Filipino crew members are injured and disabled in accidents or due to the cumulative trauma caused by harsh long term work conditions, Filipinos are required to return home and accept the minimal payments outlined in a modest schedule of benefits published by the Philippine Overseas Employment Administration (POEA). The skimpy benefits pale in comparison to compensation awards in the U.S. They are an embarrassment to the labor agency and employers of any civilized country.  

As you can see, a standard POEA employment contract  limits a maimed crew members who, for example, loses his or her entire hand, by amputation between the wrist and elbow joint, in a gruesome work-related accident, to a total maximum benefit of only $29,480. Such a paltry amount hardly compensates the crew member for his past and future lost wages, pain and suffering, mental anguish and disfigurement for the rest of his life.

Under the POEA, death benefits are as little as $50,000 plus $7,000 for each minor child, not Filipino Seafarerexceeding four in total. So the surviving family members of a crew member with two children killed at sea by the gross negligence of a cruise line employer receive a total payment of $65,000 including a nominal payment of $1,000 toward the family's funeral and burial expenses.

Once a crew member or or their families receive a death or disability payment, they waive the right to file a claim against the cruise line employer and operator of the cruise line. This is in violation of the International Labor Organization (ILO).

Such low payments trivialize the worth of a Filipino life. It is an insignificant if not meaningless amount in the eyes of the billion dollar, non-tax paying U.S. based cruise industry. Compare, for example, the money collected by the far cat cruise executives here in Miami (like NCL executive Frank Del Rio who collected over $31,000,000 in 2015).  A common thought of a cruise line risk adjuster or P&I representative when a davit fails and a lifeboat from a cruise ship falls several stories into the sea is that it's cheaper to have a Filipino aboard who's killed than any other nationality.  

Further injustice occurs when crew members suffer from ill health such as high blood pressure, heart problems and other sicknesses caused by the stress of hard work and long working hours. Manning agencies and cruise line employers are increasingly refusing to acknowledge that the injuries and illness suffered by crew members are "work-related," a requirement for the payment of such benefits. Crew members must submit to an examination of a single doctor, retained by the employer, who often assign a low impediment percentage, resulting in a minimal benefit, or claim that the illness pre-existed the crew member's shipboard work, resulting in no payment.  Company doctors are known to work with an eye toward pleasing the employer and its lawyers, at the detriment of the injured seafarer.

Even when a crew member receives an award by the National Labor Relations Commission (NLRC), maritime employers often choose to appeal the award and seek a deduction.

Several years ago, I wrote about the plight of a Filipino seafarer Lito Asignacion who worked as a Burn Unitsenior engine fitter on board a bulk carrier who sustained serious burns of his abdomen and legs when scalding water overflowed a tank do to unsafe working conditions on the vessel. The crew member underwent extensive and painful medical treatment in the burn units of West Jefferson Medical Center and Baton Rouge General Medical Center in Louisiana, U.S.A.  Asignacion was treated and underwent skin grafting burns of 35% of his body.

Mr. Asignacion thereafter returned to the Philippines where he continued undergoing medical treatment at a number of hospitals and with a number of doctors who performed plastic surgery. He is now unemployed, disabled and scarred for life.

His employer argued that under the POEA, the burned crew member suffered a grade 14 disability which would entitle him to only 3.74% of USD $50,000. 

The Filipino Labor Board agreed and awarded Asignacion just $1,870.

The labor board made a point of stating that the shipping company had offered the disabled crew member $25,000 “out of compassion and generosity," implying that the injured crew member had foolishly rejected the "generous" offer. 

The vindictive labor board also cited language from a prior decision that compensation for serious injured Filipino seafarers is low because Filipino seafarers are perceived as crew members "who complain too much.”

This patronizing and inherently evil sentiment is alive and well in the cruise industry today. Insurance entities like protection & indemnity clubs in the U.K. who are responsible for minimizing payments by its rich shipowner members are taking steps to make it even harder for Filipino crew members to receive reasonable compensation for career-ending injuries and illnesses.

Recently, a claims director at UK P&I Club in a P&I Club publication praised the new Seafarers’ Protection Act. Ironically enough, the new law does not protect the Filipino seafarer from the greedy cruise lines, or the P&I companies and defense lawyers who do their bidding, but targets who UK P&I Clubthe P&I Club villainize as the "ambulance-chasing" lawyers who pursue "spurious claims." 

The claims representative, Tony Nicholson (photo left), argues that the new "Seafarers’ Protection Act is designed to protect Filipino seafarers and their families from the unscrupulous practices of such lawyers and came into force on 21 May 2016. Under the new law, any individual or group - whether lawyers or not - found to be soliciting directly or via agents will be imprisoned for one–two years and/or fined PHP 50,000–100,000 (approximately US$1–2,000)."

The UK P&I Club further proposes permitting maritime employers, which are ordered by arbitration panels to pay benefits to the disabled seafarers, permission not to pay the awards pending an appeal. This will encourage the wealthy employers and cruise lines to place financial pressure on the injured seafarers and force them to accept cheap settlements. 

As the sad case of Lito Asignacion demonstrates, the Filipino labor system already permits maritime employers and their insurance companies to abandon those seafarers who have sacrificed and suffered greatly for their families. Imprisoning lawyers who advocate greater rights for seafarers, and permitting maritime employers to withhold the payments of arbitration awards, make a further mockery of a system which works to protect the rich while screwing the injured and impoverished seafarer. 

August 19 2016 Update:  The Inquirer in Manilla publshed this article as an op-ed titled Seafarer ‘Protection Act’ shields ship owners, not seafarers.

Photo Credit: Top - By Maxime Felder - Own work, CC BY-SA 3.0 / Wikimedia; bottom - UK P&I Club

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://www.cruiselawnews.com/admin/trackback/323682
Comments (8) Read through and enter the discussion with the form at the end
KNUT HAGE-HANSEN - August 18, 2016 8:42 PM

DEAR JIM...THANKS FOR YOUR REALLY GOOD STORY...

THATS SO MANY SHIPS ARE UNDER LIBERIA, PANAMA, BAHAMA
FLAG...

ALSO REASON THAT NORWAY, SWEDEN, DENMARK GOT THEIR
"NIS, SIS, DIS", THERE "NIS" STANDS FOR NORWEGIAN INTERNATIONAL SHIPSREGISTER...WITH SPECIAL AGREEMENTS
FOR F.EX. FILIPINO...AND JUST TO PROVOCE...MOSTLY DUE TO
POLITICIANS AND LAWYERS...

LET W O M E N TAKE OVER TO RULE AND RUN THIS PLANET...

Maria Elizabeth Del Valle Embry - August 18, 2016 9:58 PM

the composition of the poea governing board, policy making body of the POEA that was mentioned in your article are the following: 1 rep from land based, another rep from seabased agency owners, the poea head, the labor secretary, one rep from the workers (OFWS) one rep from the female sectors...not a surprise that decisions will be infavor of agency owners that represent the interest of the employers more than that of the workers...it will only get worse with these new congress because the partylist of the workers was hijacked by owner of 2 landbased agencies: Congressman john bertiz...as we know money talks & bullshit walks...the one who holds the gold makes the rules am an online self funded anti human trafficking advocate #FILIPINOslavesJOURNAL #BANTAYpoea facebook hashtags facebook: Maria Elizabeth Embry

John Goldsmith - August 19, 2016 12:03 PM

I would strongly suggest that the Filipino Government and all the folks who work for the industry, just stop working for them. Go back home and look to create new business and opportunities in the private sector. Since it has been determined that as an entire group who are being badly treated by the companies, you should withdraw your services.
Employment with these companies is not forced upon you and supply and demand will set the prices and wages paid in the industry. BY refusing to work for low wages you can create a better level to negotiate from.

Rebecca E Capes - August 27, 2016 7:33 AM

Gee - I wonder if the Philippines might think differently if every American tourist boycotts their country for what almost amounts to International Human Rights violations? I can get more money for a client whose dog is groomed improperly than what these poor workers are receiving. They need to get some bad press and they might rethink how they treat their own citizens. The only way to effect change is through sanctions or to hit them in the pocketbook....According to the sometimes reliable Wikipedia, " In 2015, the travel and tourism industry contributed 10.6% to the country's GDP....
Since 2010, South Korea has been the largest source of visitors to the Philippines. In 2013, a total of 1.17 million South Koreans visited the Philippines. It is followed by the United States, Japan, China, Australia, Taiwan, and Canada. In 2013, the country attracted 4,681,307 visitors."

Baltazar A. Rafales - February 25, 2017 1:00 PM

Dear Atty. Jim Walker:

Thank you for helping the Filipino seafarers by simply writing this very important issue,

"Screwing Filipinos & Imprisoning Lawyers: Seafarers "Protection Act" Protects Cruise Line Employers".

After reading the Republic Act No. 10706 sometimes in September 12, 2016 I was thinking that I was wrong with my personal analysis. I just realized recently, after reading herein that your analysis was supporting my point of views with regards to Republic Act No. 10706. So, this is a huge relief for me.

Majority of the Filipino seafarers were totally afraid to stand up for their rights for the reasons that, "the world needs to know"...

Part-I

On September 12, 2016, when I noticed that the Republic Act No. 10706 has already exist.

http://www.gov.ph/2015/11/26/r epublic-act-no-10706/

After reading this three times, I suspect that AMOSUP and Manning Agency are the ones whose behind in this totally inhumane laws that the land has created. Therefore, I simply use Google search to see if I am wrong by suspecting that AMOSUP and Manning Agency are the ones who propose to pass the Republic Act No. 10706. And the results of my researched...

Anti-Ambulance Chasing Bill in priority, lawmakers told.

Posted by: Agent Tinig on Apr 03, 2015

The proposed Anti-Ambulance Chasing Act should be included in the list of priority measures that Congress will pass before the adjournment of the second regular session in June, the United Filipino Seafarers (UFS) said.

This developed as Senator Juan Edgardo “Sonny” M. Angara has filed Senate Bill No. 2627 entitled An Act Protecting Seafarers and Other Workers Against Ambulance Chasing and Providing Penalties for Violation Thereof, a long-awaited counterpart measure of House Bill No. 2643 by ANGKLA Party-List Rep. Jesulito A. Manalo filed two years ago.

The House bill was substituted by HB No. 5268 and approved on third reading by the House of Representatives last December 16, 2014.

“This is a very positive development for all Filipino seafarers, legitimate manning agencies operating in the Philippines and the maritime industry in general as a bill is closer to passing into a law that will protect the shipping industry against so-called ambulance chasers,” Engr. Nelson Ramirez, UFS president, said of the bill which seeks to protect not only the seafarers but all laborers from the unscrupulous acts of corrupt lawyers who have been taking advantage of labor claims and disputes causing seafarers and other laborers to suffer huge monetary losses.

“Therefore, we urge our senators and congressmen as duly elected representatives of the people to include the proposed Anti-Ambulance Chasing Act in the priority measures,” added Mr. Ramirez.

The Senate Committee on Labor, Employment and Human Resources Development has yet to schedule a public hearing on the measure. The bill has to hurdle plenary approval after which a bicameral conference committee will be scheduled to hammer out disagreeing provisions in their respective versions of the bill. Ratification of both chambers follows and the measure will be forwarded to Malacañang for the President’s signature.

Leaders of both chambers meet every month to chart their legislative agenda.

The passage of the measure is important to help keep the economy afloat and provide more jobs to Filipinos, said Mr. Ramirez.

In filing the Senate proposal, Angara said the Code of Professional Responsibility of lawyers dictates that one should not solicit legal business and has the obligation not to encourage suits so as to prevent barratry and ambulance chasing, but the practice of ambulance chasing has become rampant in the country especially in the maritime industry despite the code of ethics.

“Some lawyers have taken advantage of the plight of our seafarers who met an accident, illness or death in the course of their service. To exploit the compensation system, these law practitioners have purposely sought excessive labor claims not commensurate to their actual entitlement, if not at all bogus,” Angara said. “Unwittingly, our seafarers have fallen prey to this scheme enticed by the promise of huge monetary award. Apparently, these ambulance chasers do not only resort to this unacceptable practice but also charge exorbitant legal fees and seek up to 40% of the total money claims granted.”

Citing the case of Filipino seafarer Renerio M. Villas who was granted full disability benefits plus 10% as attorneys’ fees—translated to some $275,000 or P12.33 million)—by the Labor Department’s National Conciliation and Mediation Board (NCMB), as uncovered in Tinig ng Marino in its January-February 2015 issue, Angara said this was an “alarming precedent detrimental to the Philippine maritime industry,” considering that Filipinos provide a hefty labor supply in the global maritime industry.

Villas’ case stemmed from a complaint he filed against C.F. Sharp Crew Management, Inc. and its principal General Ore Carrier Corp. XIX Ltd. in February 2013, after putting his fingers in the lubricator on board the vessel “Rebekka N” wherein the upper portion of his right middle finger got amputated and the right finger ring lacerated.

While two of the three-member NCMB panel granted the ruling, its third member offered a dissenting opinion stressing that “common sense and human experience tell us that the loss of one finger, whether on the right or left hand does not totally incapacitate a person to perform any kind of work, the schedule of disability and the segregation of the resulting injuries and illnesses in the Collective Bargaining Agreement and even the Philippine Overseas Employment Administration (POEA)-Standard Employment Contract will be rendered useless and meaningless because each and every injury or illness or disability can then be interpreted as total and permanent and entitled to 100% compensation, depending on the whim and caprice of the seafarer. Such should not be countenanced as such is not the intent of the framers of our contractual provisions.” illness or disability can then be interpreted as total and permanent and entitled to 100% compensation, depending on the whim and caprice of the seafarer. Such should not be countenanced as such is not the intent of the framers of our contractual provisions.”

Miguel A. V. Rocha, executive vice president and chief operating officer of C.F. Sharp had said they will ask the board to review its decision. In view of the recent NCMB decision, this prompted Mr. Ramirez to press lawmakers to immediately pass a law to prevent abuses in the maritime sector.

Under the Senate bill, it shall be unlawful for any person to engage in soliciting, personally or through an agent, from a seafarer or any other worker or their heirs, the pursuit of any claim against an employer for the recovery of monetary claim or benefit, including legal interest, arising from accident, illness or death, in exchange of an amount which shall be retained or deducted from the monetary claim or benefit granted to or awarded to the seafarer or other worker or heirs thereof.

Any lawyer who appears as counsel for the seafarer or other worker or their heirs, in any case before the National Labor Relations Commission or any labor arbiter, the NCMB, the POEA, the Department of Labor and Employment or its regional offices, or other quasi-judicial bodies handling labor disputes, shall be entitled to an attorney’s fees not exceeding ten percent (10%) of the compensation or benefit awarded to the seafarer or other worker or heirs thereof. This fee shall not be payable before the actual payment of the compensation or benefit. Any stipulation to the contrary shall be null and void.

Fines ranging from P50,000 to P100,000, imprisonment of up to two years or both penalties at the discretion of the court will be imposed to any person in violation of the proposal.

Baltazar A. Rafales - February 25, 2017 1:01 PM

Part-II

Since 1992 to present, AMOSUP and Maritime Shipping or Manning Agency, especially UPL and PTC were donating Million US Dollars to fund the candidacy of the politician they want to become a President of the Philippines. In order to influence, control, sabotage or hostage the Maritime Industry in the Philippines.

Obviously worst, was during the 2010 Election, whereas, after the election, the owner of PTC and UPL has been appointed as Ambassadors.

#1. Philippine Ambassador to Spain
Carlos C. Salinas
http://www.wmu.se/people/he-carlos-c-salinas

#2. Consulate General of the Republic of Poland

Contact Information

Mr. Fernando V. Lising
Consul General a.h.
United Philippines Lines, Inc.
UPL Building, Sta. Clara Street, Intramuros
Manila City 1002 Philippines
Tel. No.: (2) 527 1582
http://www.chanrobles.com/legal1embassies1consulatepoland.html#.V93GuiF96M8

November 26, 2015, the Republic Act No.10706 was passed into law. At a first glance, it is protecting the Filipino seafarers rights against the Ambulance Chasers? But if you will analyzed a bit deeper. The purpose of the Republic Act No.10706, is to protect the Monsters Oligarch interest. Why? Simply because, due to Republic Act No.10706 all Filipino seafarers who will stand to fight for their rights, were forced to look for a Maritime Lawyers (MARLAW member lawyer). The entire MARLAW member lawyer are under the umbrella of AMOSUP and Manning Agency, established in 1982.

http://marlawph.com/marlaw-members/

https://guinarona.com/2015/03/19/calling-a-spade-a-spade-a-message-to-filipinos/comment-page-5/

[please read the bottom page, Baltazar A. Rafales comments]

THE PROTECTOR OF SEAFARERS-HUMAN-TRAFFICKERS AND UNDER THE PAYROLL OF THE MONSTERS OLIGARCH—MANNING AGENCY AND SEAFARERS UNION UNDER THE LEADERSHIP OF AMOSUP FROM 1986 TO PRESENT:

1) POEA;
2) DOLE;
3) NLRC;
4) NCMB;
5) PAVA;
6) MARLAW;
7) MARINA;
8) IMO;
9) ITF;
10) US Embassy;
11) Supreme Court Justices of the Philippines
12) Congress of the Philippines;
13) Senate of the Philippines; and
14) The President of the Philippines from Fidel V. Ramos to present.

http://newsinfo.inquirer.net/813323/duterte-ramos-showed-me-list-of-generals-cops-in-drugs

The results of this unstoppable power of this Monsters Oligarch, today, even the Canadian Seafarers and soon the American Citizen Seafarers will be affected. See below link...

http://www.canadianbusiness.com/business-news/canadian-seafarers-union-files-court-challenge-over-foreign-sailors/

Baltazar A. Rafales - February 25, 2017 1:02 PM

Part-III

After reading the Republic Act No. 10706, three times, I was really angry not only to the Former President BENIGNO S. AQUINO III, but also to everyone whose behind passing this very inhumane laws of the land that ever exist, because in my personal opinion, the Republic Act No. 10706 directly contradicts the provision of the following...

(a) Seafarer Wage Act, 46 U.S.C. § 10313:
https://www.law.cornell.edu/uscode/text/46/10313

(b) ILO Convention No. 180 — MLC 2006 Wages and Hours of Work http://www.admiraltylawguide.com/conven/seafarershours1996.html

(c) Section 301 of The Labor Management Relations Act, LMRA § 301 — Damages (29 U.S.C. § 185)
http://www3.ce9.uscourts.gov/jury-instructions/node/225
https://www.law.cornell.edu/uscode/text/29/185

Therefore, on September 13, 2016, I wrote a draft of my Open Letter To Former President BENIGNO S. AQUINO III et al, with regards to the Republic Act No. 10706.

BENIGNO S. AQUINO III
President of the Philippines

FRANKLIN M. DRILON
President of the Senate

FELICIANO BELMONTE JR.
Speaker of the House of Representatives

MARILYN B. BARUA-YAP
Secretary General
House of Representatives

OSCAR B. YABES
Secretary of the Senate


Dear Former President AQUINO et al:

My name is Baltazar A. Rafales

(a) Plaintiff; Federal Expert Witness; Exhibitory; Declaratory and Filipino Class Action Representative in Rafales v. HAL et al, and
http://law.justia.com/cases/federal/district-courts/california/cacdce/2:2010cv04845/476456/153

(b) Federal Expert Witness; Exhibitory and Declaratory in Priyanto v. HAL et al.
http://law.justia.com/cases/federal/district-courts/california/cacdce/2:2007cv03811/390347/330

http://www.plainsite.org/dockets/kik7u2x5/california-central-district-court/baltazar-a-rafales-v-ms-eurodam-et-al/

Sa aking personal na pagka unawa, sobrang talamak, sobrang garapal, sobrang SHAMELESS ang mga taong nasa likod ng Republic Act No. 10706? Mga nag aral pero walang laman ang utak kundi pagka perahan at gawing milking cows ang mga FILIPINO SEAFARERS na kung saan ay tinatawag na mga bayani?

"SEC. 2. 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. As some unscrupulous individuals have taken advantage of the plight of our seafarers who met an accident, illness or death in the course of their service by exploiting the compensation system, our seafarers have fallen prey to an unfair scheme where ambulance chasers charge exorbitant fees, with the promise of huge monetary award. Towards this end, such practice shall be declared unlawful."

Alam naman pala ninyo ang exactong problema ng mga FILIPINO SEAFARERS since 1986 to present, kung saan ginagawang milking cows ng mga Cruise Lines/Shipping Lines; Manning Agency; & Seafarers Union lalong-lalo na ang AMOSUP, ANGKLA at PTC na sila ang nag sulong para isabatas ang Republic Act No. 10706 na ito?

Pero sa halip na protektahan ninyo ang mga FILIPINO SEAFARERS mula sa mga "monsters oligarch" na mga Cruise Lines/Shipping Lines; Manning Agency; & Seafarers Union, hindi ba obvious na ang prenotektahan ng Republic Act No. 10706 ay ang interest ng mga Cruise Lines/Shipping Lines; Manning Agency; Seafarers Union, MARLAW members, PAVA etc?

Sa halip na mag pasa kayo ng batas upang ma forced ang mga Cruise Lines/Shipping Lines; Manning Agency; & Seafarers Union na voluntary ibigay or ipa implement ang provision or ipinag-uutos ng...

(a) Seafarer Wage Act, 46 U.S.C. § 10313:
https://www.law.cornell.edu/uscode/text/46/10313

(b) ILO Convention No. 180 — MLC 2006 Wages and Hours of Work http://www.admiraltylawguide.com/conven/seafarershours1996.html

(c) Section 301 of The Labor Management Relations Act, LMRA § 301 — Damages (29 U.S.C. § 185)
http://www3.ce9.uscourts.gov/jury-instructions/node/225
https://www.law.cornell.edu/uscode/text/29/185

Or, sa halip na bigyan ninyo ng pansin ang aking petition per below link...

https://www.change.org/p/justice-for-filipino-seafarers-and-ofws

Bakit? Dahilan po ba, sa totoo ang usap-usapan ng mga matatandang seafarers, na kung saan ayon sa kanila, simula sa panahon ni Ramos, ang mga Manning Agency at AMOSUP na ang pumipili kung sino ang susuportahan nila financially (more or less 1 Billion Pesos) upang sa bandang huli, wala nang choice ang pangulo kundi sundin ang naging kasunduan bago ibigay ng mga Manning Agency at AMOSUP ang (more or less 1 Billion Pesos) donation kuno para 100% kayo ang manalo sa halalan?

At bilang patunay na totoo ang usap-usapan ng matatandang seafarers, after ninyong mahalal bilang pangulo ng bansa, ay ini appoint ninyo bilang mga Ambassador ang may ari ng PTC at UPL?

#1. Philippine Ambassador to Spain
Carlos C. Salinas
http://www.wmu.se/people/he-carlos-c-salinas

#2. Consulate General of the Republic of Poland

Contact Information

Mr. Fernando V. Lising
Consul General a.h.
United Philippines Lines, Inc.
UPL Building, Sta. Clara Street, Intramuros
Manila City 1002 Philippines
Tel. No.: (2) 527 1582
http://www.chanrobles.com/legal1embassies1consulatepoland.html#.V93GuiF96M8

At para masunod ang napagkasunduan, bago matapos ang inyong termino bilang President ng Pilipinas, kailangan ninyong pirmahan ang Republic Act No. 10706 upang protektahan ang interest ng mga Cruise Lines/Shipping Lines; Manning Agency; Seafarers Union lalong-lalo na ang AMOSUP; MARLAW members, PAVA etc?

Ano itong ginawa ninyo Mr. former President BENIGNO S. AQUINO III at sa lahat ng nagsulong at pumirma sa Congress at Senate upang isabatas ang Republic Act No. 10706? Please lang po, kung may natitira pa kayong kahihiyan sa inyong pagkatao, paki explain lang po sa mga FILIPINO SEAFARERS.

Sincerely,


Baltazar A. Rafales

Home address: Daffodil St. Purok Cagasan, (Poblacion) Polomolok, South Cotabato, 9504 Philippines
Phone: 083-500-2137
Mobile: 0926-499-9428 (TM)
Mobile: 0927-882-5327 (Globe)
Email: justice4seafarers@yahoo.com.ph

ADMINISTER TRUE JUSTICE

So God said to him, "Since you have asked for this and not for long life or wealth for yourself, nor have asked for the death of your enemies but for discernment in ADMINISTERING JUSTICE, I will do what you have asked. I will give you a wise and discerning heart, so that there will never have been anyone like you, nor will there ever be. Moreover, I will give you what you have not asked for—both riches and honor—so that in your lifetime you will have no equal among kings.
—1st Kings 3:11-13 (NIV)

And Solomon ruled over all the kingdoms from the River to the land of the Philistines, as far as the border of Egypt. These countries brought tribute and were Solomon's subjects all his life. Solomon's daily provisions were thirty cors of fine flour and sixty cors of meal, ten head of stall-fed cattle, twenty of pasture-fed cattle and a hundred sheep and goats, as well as deer, gazelles, roebucks and choice fowl. For he ruled over all the kingdoms west of the River, from Tiphsah to Gaza, and had peace on all sides.
During Solomon's lifetime Judah and Israel, from Dan to Beersheba, lived in safety, each man under his own vine and fig tree.
—1st Kings 4:21-25 (NIV)

But now the LORD my God has given me rest on every side, and there is no adversary or disaster.
—1st Kings 5:4 (NIV)

The LORD gave Solomon wisdom, just as He had promised him. There were peaceful relations between Hiram and Solomon, and the two of them made a treaty.
—1st Kings 5:12 (NIV)

Whatever the God of heaven has prescribed, let it be done with diligence for the temple of the God of heaven. Why should there be wrath against the realm of the king and of his sons?

You are also to know that you have no authority to impose taxes, tribute or duty on any of the priests, Levites, singers, gatekeepers, temple servants or other workers at this house of God.

And you, Ezra, in accordance with the wisdom of your God, which you possess, appoint magistrates and judges to ADMINISTER JUSTICE to all the people of Trans-Euphrates—all who know the laws of your God. And you are to teach any who do not know them.

Whoever does not obey the law of your God and the law of the king must surely be punished by death, banishment, confiscation of property, or imprisonment.
—Ezra 7:23-26 (NIV)

O house of David, this is what the LORD says: "'ADMINISTER JUSTICE every morning; rescue from the hand of his oppressor the one who has been robbed, or my wrath will break out and burn like fire because of the evil you have done—burn with no one to quench it. I am against you, Jerusalem, you who live above this valley on the rocky plateau, declares the LORD—you who say, "Who can come against us? Who can enter our refuge?"

I will punish you as your deeds deserve, declares the LORD. I will kindle a fire in your forests that will consume everything around you.'"
—Jeremiah 21:12-14 (NIV)

And the word of the LORD came again to Zechariah: "This is what the LORD Almighty says: 'ADMINISTER TRUE JUSTICE; show mercy and compassion to one another. Do not oppress the widow or the fatherless, the alien or the poor. In your hearts do not think evil of each other.'
—Zechariah 7:8-10 (NIV)

By faith the people passed through the Red Sea as on dry land; but when the Egyptians tried to do so, they were drowned. By faith the walls of Jericho fell, after the people had marched around them for seven days. By faith the prostitute Rahab, because she welcomed the spies, was not killed with those who were disobedient. And what more shall I say? I do not have time to tell about Gideon, Barak, Samson, Jephthah, David, Samuel and the prophets, who through faith conquered kingdoms, ADMINISTERED JUSTICE, and gained what was promised; who shut the mouths of lions, quenched the fury of the flames, and escaped the edge of the sword; whose weakness was turned to strength; and who became powerful in battle and routed foreign armies.
—Hebrews 11:29-34 (NIV)

Baltazar A. Rafales - February 25, 2017 1:03 PM

Part-IV

Baltazar Rafales Facebook Timeline

November 21, 2016

"Your rulers are rebels, companions of thieves; they all love bribes and chase after gifts. They do not defend the cause of the fatherless; the widow's case does not come before them. Therefore the Lord, the LORD Almighty, the Mighty One of Israel, declares: "Ah, I will get relief from my foes and avenge myself on my enemies."
—Isaiah 1:23-24 (NIV)

"Woe to him who builds his palace by unrighteousness, his upper rooms by injustice, making his countrymen work for nothing, not paying them for their labor."
—Jeremiah 22:13 (NIV)

"They sharpen their tongues like swords and aim their words like deadly arrows. They shoot from ambush at the innocent man; they shoot at him suddenly, without fear. They encourage each other in evil plans, they talk about hiding their snares; they say, "Who will see them?" They plot injustice and say, "We have devised a perfect plan!" Surely the mind and heart of man are cunning.
But God will shoot them with arrows; suddenly they will be struck down. He will turn their own tongues against them and bring them to ruin; all who see them will shake their heads in scorn."
—Psalms 64:3-8 (NIV)

http://www.gov.ph/2015/11/26/republic-act-no-10706/

Dapat lahat ng nagsulong para isa batas ang Republic Act No. 10706, kasama na ang mga Congressman; mga Senators at maging ang Presidente ng Pilipinas na pumirma upang isabatas ito ay parusahan ng DEATH PENALTY!

Mantakin mo yan, hindi lang ang kanilang mga sarili ang niloko nila, gusto pang idamay ang mga taong may matinong pag iisip, pag iisip na hindi kayang bayaran ng kahit na anong halaga?

Para sa mga taong walang inisip kundi gawing alipin ang mga seafarers habang buhay, sa unang sulyap (first glance) maganda at pabor nga naman sa mga Filipino seafarers ang batas na ito dahil sa,

"AN ACT PROTECTING SEAFARERS AGAINST AMBULANCE CHASING AND IMPOSITION OF EXCESSIVE FEES, AND PROVIDING PENALTIES THEREFOR".

Subalit kung mag-iisip nang tama ang kahit na sino, maging ang mga walang diploma kahit sa Elementary, malinaw na ang Republic Act No. 10706 ay isinabatas upang protektahan ang interest, or pagnanakaw sa mga Filipino seafarers ng mga MONSTERS OLIGARCH—Cruise Lines/Shipping Lines; Manning Agency and Seafarers Union especially AMOSUP.

Kung kusa or voluntary na ibinibigay ng mga MONSTERS OLIGARCH ang mga karapatan ng mga poor and destitute seafarers, forced pa bang lumapit ang mga poor and destitute seafarers na nais maghangad ng Justice sa mga lawyers na tinatawag nilang "AMBULANCE CHASER"?

Bakit matatakot ang mga MONSTERS OLIGARCH sa mga AMBULANCE CHASER kung sinusunod naman nila ang batas since 1790?

THE ORIGINS OF THE SEAMEN'S WAGE STATUTES DATE BACK TO 1790. THE PURPOSE BEHIND THE STATUTES WAS TO PROTECT SEAMEN FROM "ARBITRARY AND UNSCRUPULOUS" REFUSALS OF THEIR EMPLOYERS TO PAY WAGES.

Today a seaman's compensation package is much broader than it was when the wage statutes were originally enacted. In addition to a base wage, seamen may receive various cash and non-cash benefits provided by the shipping articles,

[1] the collective bargaining agreement,
[2] and federal statutes.

"It [is] not always ... easy for courts to determine which of the many payments that the owner or master of a vessel may make to a seaman should properly be classified as wages."

Merrick v. Sea-Land Service Inc., 739 F.2d 126, 129 (3rd Cir.1984).

In his treatise, The Law of Seamen, Martin Norris describes wages as the "compensation allowed to seamen for their services to the vessel, and they include not only base wages specified in the shipping articles,

[a] but also overtime,

[b] extra wages and bonuses."

1 M. Norris, The Law of Seamen, Sec. 12:1 (4th ed. 1985 at 426). Courts generally subscribe to this definition. See, e.g., Glandzis v. Callinicos, 140 F.2d 111, 113-14 (2nd Cir.1944)

[c] (wages include bonuses for extrahazardous or war duty);
Monteiro v. Sociedad Maritima San Nicolas, S.A., 280 F.2d 568, 573 (2nd Cir.), cert. denied, 364 U.S. 915, 81 S.Ct. 272, 5 L.Ed.2d 228 (1960)

[d] (wages include overtime pay);
Williams v. Great Lakes Dredge & Dock Co., 726 F.2d 278, 281 (6th Cir.1984)

[e] (wages include completion bonus and travel allowance);

CRUISE LINES/SHIPPING LINES VIOLATIONS UNDER 46 U.S.C. § 10313 - WAGES

a) Additional wages on foreign voyage, since November 10, 1986 to present;
b) Wages on holidays;
c) Overtime compensation;
d) Extra wages and bonuses;
e) Wages include completion bonus and travel allowance;

The court considered the travel allowance "wages" because it was owed upon work completion regardless of actual travel expenditures;

f) Maintenance and Cure; "accumulated leave was wages" ["deferred wages"].

3 shares
1 Comment

Baltazar Rafales In fairness sa mga MONSTERS OLIGARCH at sa lahat ng nabili nila, (mga protektor nila), kung mali ang pananaw ko tungkol sa Republic Act No. 10706, ang bagay sa akin ay gilingin ng buhay sa harap ng Malacañang, sa tanghaling tapat or in a broad day light, upang hindi ako pamarisan ng sinuman.

Like • Reply • 1 • November 21, 2016 at 8:12am

Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?