Angara: Signing of Seafarers Protection Act to End Abuse By Ambulance Chasers

Senator Sonny Angara has lauded the recent signing into law of the Seafarers Protection Act which prevents ambulance chasers, particularly lawyers, from taking advantage of the plight of seafarers, who met an accident, illness or death in the course of their service, by charging them exorbitant fees with the promise of huge monetary award.

Republic Act 10706 aims to prohibit ambulance chasing or the act of soliciting from seafarers the pursuit of any claim against their employers for the purpose of recovery of monetary benefit, arising from accident, illness or death, in exchange of an amount or fee which shall be deducted from the monetary claim or benefit awarded to the seafarer or their families.

“In most cases, lawyers convince or coerce seafarers into entering agreements for legal or consultancy services to pursue monetary claims or benefit against their employers even when such agreement is not needed. Seafarer-claimants end up losing a huge portion of their claims to their lawyers who charge them up to 60 percent of the total amount of the monetary award,” said Angara, acting chairman of the Senate labor committee.

Under the law, sponsored by Angara in the Senate and authored by Angkla partylist Rep. Jesulito Manalo, lawyers’ fee would be limited to only a maximum of 10 percent of the compensation awarded to the complainant.

According to the National Conciliation and Mediation Board (NCMB) data on maritime cases with collective bargaining agreements, the average monetary benefit awarded to seafarers amounted to P3 million per worker, while based on a recent data from the National Labor Relations Commission (NLRC), sea-based overseas Filipino workers were awarded an average of P1.4 million.

“Since the claims under these types of cases generally involve huge amounts, the 10-percent cap, which is consistent with what is provided under the Labor Code, will give fair and sufficient compensation for lawyers and at the same time, discourage them from making frivolous claims,” the lawmaker explained.

RA 10706 also mandates that professionals found guilty of ambulance chasing would be slapped with a fine of not less than P50,000 but not more than P100,000 and/or imprisonment of one to two years.

“Mapanganib at sari-saring peligro ang kinakaharap ng ating mga manlalayag na nagreresulta sa mga aksidente, pagkakasakit o kaya’y pagkamatay nila sa trabaho. Sa kabila nito, marami sa kanila ay nabibiktima pa ng pagsasamantala at panghuhuthot ng mga ambulance chasers. Dapat ay bigyan natin sila ng karampatang proteksyon at pangagalaga upang maiwasan ito,” Angara said.

“We thank the President and our colleagues for the passage of this law. With the enactment of the Seafarers Protection Act, we hope to put an end to this unjust and corrupt scheme,” he added.

senate.gov.ph