The Department of Labor and Employment (DOLE) in Manila has released new guidelines to address disputes over financial claims by Filipino seafarers, aligning with President Ferdinand R. Marcos Jr.’s directive to fully implement the Magna Carta of Filipino Seafarers, Republic Act 12021. The guidelines, outlined in Department Order No. 247 of 2025, were issued on January 15 and focus on enforcing Section 59 of the Act.
These rules govern the execution of decisions made by the National Labor Relations Commission (NLRC) and voluntary arbitrators under the National Conciliation and Mediation Board (NCMB) regarding the monetary claims of overseas Filipino workers (OFWs). According to DOLE, before a disputed monetary award can be enforced while under appeal, the seafarer must post a bond to cover potential restitution if the court overturns the award.
The guidelines, developed in collaboration with the NLRC and NCMB and after discussions with tripartite stakeholders, clarify the difference between undisputed and disputed amounts. Undisputed amounts, which do not require a bond, include unpaid salaries, wages, statutory benefits, disability compensation as determined by a third doctor, and any amounts the employer admits are due.
DOLE stated that undisputed amounts become immediately enforceable upon the final decision of the NLRC or voluntary arbitrator, even if an appeal is pending. Conversely, disputed amounts, such as legally due payments and various types of damages, require the seafarer to file a bond for immediate enforcement upon the decision’s finality.
To safeguard all parties, the order includes measures for seafarers to access timely remedies, procedures for bond posting, and provisions for bond cost reimbursement if the courts uphold the disputed amount. DOLE Secretary Bienvenido Laguesma emphasized that the Magna Carta does not alter the jurisdiction of the NLRC and voluntary arbitrators over seafarers’ money claims. He noted that the bond requirement is an exception to the rule that final decisions are immediately enforceable, even during appeals.
The new guidelines will take effect 15 days after their publication in the Official Gazette or a newspaper of general circulation.