Tuesday, February 12, 2019, 4:05 p.m. By Atty. Dennis R. Gorecho One of the unfortunate consequence of seafarers working away for several months is the falling out of marriage. For couples desperate to find a way out of their troubled marriages, some choose to undergo trying and tedious legal process where they have to incur many…
Tuesday, February 12, 2019, 12:01 p.m. By Atty. Dennis R. Gorecho A job of a seafarer is not exactly a walk in the park as one with a heart condition is “a walking time bomb ready to explode towards the end of his employment days.” (GSIS vs. Alcaraz, GR. 187474, February 6, 2013) Cardiovascular disease…
Wednesday, February 6, 2019, 7:01 p.m. By Atty. Dennis R. Gorecho The rendition of overtime work and the submission of sufficient proof that said work was actually performed are conditions to be satisfied before a seafarer could be entitled to overtime pay. The Supreme Court held that the correct criterion in determining whether or not…
Thursday, January 31, 2019, 7:35 p.m. By Atty. Dennis R. Gorecho The compulsory insurance coverage for overseas Filipino workers (OFWs), including seafarers, was primarily designed for the protection of the interests and welfare of the worker and their families. Under Section 37–A of R.A. No. 8042, as amended by R.A. No. 10022, otherwise known as…
Monday, January 21, 2019, 5:58 p.m. By Atty. Dennis R. Gorecho A seafarer who suffered a stroke on board the vessel must be compensated due to work-related stress. In the case of Magsaysay Mitsui OSK Marine, Inc, v. Bengson (G.R. No. 198528, October 13, 2014) disregarded the employer ’s claim that the seafarer’s hypertensive cardiovascular disease is not compensable…
Monday, January 14, 2019, 3:20 p.m. By Atty. Dennis R. Gorecho The escrow provision in the proposed Magna Carta for Filipino seafarers violates the constitutional guarantee on equal protection. The Joint Manning Group is pushing for the inclusion of an escrow provision which is a mere dilatory tactic in the execution of the seafarers’ monetary awards.…
Monday, January 7, 2019, 1:50 p.m. By Atty. Dennis R. Gorecho Courts are not bound to accept, in its entirety, the company doctor’s findings despite the seafarer’s failure to initiate the referral to a third doctor. The Supreme Court said that while failure to refer the conflicting findings between the company-designated physician and the…
Monday, December 17, 2018, 9:28 p.m. By Atty. Dennis R. Gorecho A seafarer may be dismissed in the event that he is found to be committing unauthorized acts in connivance with or cuddling of stowaways. The International Transportation Workers Federation (ITF) defines a stowaway as a person who secretly enters a ship without the…
Monday, October 15, 2018, 11:55 a.m. By Atty. Dennis Gorecho Stakeholders has been campaigning for the passage of the Magna Carta for Filipino seafarers given the fact that the Philippines is considered as one of the major suppliers of maritime labor globally. The first version of the Magna Carta for Filipino Seafarers was the by-product…
Tuesday, October 9, 2018, 9:08 a.m. By Atty. Dennis R. Gorecho Flowers are the expression of the fragrance and beauty of love given and received. Wreathe thrown into the sea carry to all the deceased seafarers the message of love and gratitude. There is no distance of time or oceans but a mutual waiting for an…