Penalty for seafarer’s desertion

Penalty for seafarer’s desertion
Persida Acosta August 10, 2020 https://www.manilatimes.net/2020/08/10/legal-advice/dearpao/penalty-for-...

Dear PAO,
My brother is an overseas seafarer. Several months ago, he informed me that should his ship anchor in another country, he would just leave it despite his existing contract and go home. Should I advise my brother not to desert his ship?
Gen

Dear Gen,
Please be informed of the provisions of Section 128, (B)(2), Rule V, Part V of the 2016 Revised Philippine Overseas Employment Administration (POEA) Rules and Regulations Governing the Recruitment and Employment of Seafarers, which reads:

“Section 128. Grounds for Disciplinary Action and their Penalties. — Commission by a seafarer of any of the offenses enumerated below or of similar offenses shall be a ground for disciplinary action for which the corresponding penalty shall be imposed:

“B. OFFENSES DURING EMPLOYMENT: xxx

“2. Desertion

“a. Deserting or attempting to desert.

“Penalty: 1st Offense — Permanent Disqualification from

Participation in the Overseas employment Program

“b. Advising, assisting or persuading another to desert.

“Penalty: 1st Offense — Suspension from participation in the Overseas Employment Program (two years to three years)

“2nd Offense — Permanent Disqualification from participation in the overseas employment program” (Emphasis supplied)

Based on the aforementioned rule, a seafarer who deserts or attempts to desert could result in the institution of a disciplinary action against him before the POEA, which may warrant his permanent disqualification from participating in the Overseas Employment Program. Hence, you may advise your brother to carefully consider his plan taking into account the above-mentioned rule.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]