complying party and participation in the overseas employment program, until compliance

with or satisfaction of the approved settlement.

SECTION 122. Confidentiality of the Conciliation Proceeding. — The proceeding for

conciliation is confidential in nature. No evidence or testimony introduced therein shall be
admissible as evidence in any proceeding.

RULE III
Classification of Offenses and Schedule of Penalties

SECTION 123. Classification of Offenses. — Administrative offenses are classified into

serious, less serious and light, depending on their gravity. The Administration shall impose
the appropriate administrative penalties for every recruitment violation.

A. The following are serious offenses with their corresponding penalties:

1. Attempting to deploy or deploying a seafarer who is below 18 years old or below the
minimum age requirement for overseas employment.

Penalty: Cancellation/revocation of license plus a fine of not less than Five

Hundred Thousand Pesos (PhP500,000.00) but not more than One
Million Pesos (PhP1,000,000.00)

2. Engaging in acts of misrepresentation for the purpose of securing a license or

renewal thereof, such as giving false information or documents.

Penalty: Cancellation of License

3. Engaging in the recruitment or placement of workers in jobs harmful to public health

or morality or to the dignity of the Republic of the Philippines.

Penalty: Cancellation of License

4. Engaging in acts of misrepresentation for the purpose of processing workers through

a job order that pertains to non-existent work, work different from the actual
overseas work, or work with a different employer whether accredited or not with
the POEA.

Penalty: Cancellation of License

5. Engaging in any acts of misrepresentation in connection with recruitment and

placement of workers, such as furnishing or publishing any false notice, information
or document in relation to recruitment or employment.

Penalty: Cancellation of License

41
 6. Transfer or change of ownership, directly or indirectly, of a single proprietorship
licensed to engage in overseas employment.

Penalty: Cancellation of License

7. Charging or accepting directly or indirectly any amount of money, goods or services,

or any fee or bond for any purpose from an applicant seafarer.

Penalty: Cancellation of License plus refund of fee or bond collected

8. Allowing a non-Filipino citizen to head or manage a licensed manning agency.

Penalty: Cancellation of License

9. Charging, imposing or accepting, directly or indirectly, under any guise whatsoever,

any amount of money as payment for the insurance premium for compulsory
insurance coverage.

Penalty: Cancellation of license

10. Collecting any amount as payment for processing, or documentation costs not
prescribed by the rules, or an amount greater than the actual documentation costs,
as covered by official receipts issued by entities where payments were made.

Penalty: Cancellation of license plus refund of excess processing or

documentation costs

11. Falsifying or altering travel documents of an applicant seafarer in relation to

recruitment and deployment.

Penalty: Cancellation of license

B. The following are less serious offenses with their corresponding penalties:

1. Obstructing or attempting to obstruct inspection by the Secretary, the Administrator

or their duly authorized representatives.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

2. Substituting or altering to the prejudice of the seafarer, employment contracts

approved and verified by the Administration, from the time of actual signing thereof
by the parties up to and including the period of expiration of the same, without the
approval of the Administration.

42
 Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

3. Withholding or denying travel or other pertinent documents from an applicant

seafarer for monetary or financial considerations, or for any other reasons, other
than those authorized under the Labor Code and its implementing Rules and
Regulations.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

4. Engaging in recruitment activities in places other than that specified in the license
without previous authorization from the Administration.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

5. Appointing or designating agents, representatives or employees without notice to

the Administration within the period prescribed under the Rules.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

6. Withholding of seafarer’s salaries or remittances, SSS contributions and loan

amortization or shortchanging/reduction thereof without justifiable reasons.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

The penalty shall include the release of the salaries or remittances being claimed.

43
7. Allowing persons who are otherwise disqualified from participating in the overseas
employment program under existing laws, rules and regulations to participate in the
management and operation of the agency.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

8. Failure to reimburse expenses incurred by the seafarer in connection with his

documentation and processing for purposes of deployment, where deployment does
not take place without the seafarer's fault.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

The penalty shall include the carry the accessory penalty of immediate refund of
expenses incurred by the seafarer.

9. Failure to comply with any of the undertakings submitted to the Administration.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

10. Impose a compulsory and exclusive arrangement whereby a seafarer is required to

undergo health examinations (PEME), training, seminar, instruction or schooling of
any kind only from specifically designated institutions, entities, or clinics, as the case
may be, unless the cost is shouldered by the principal/employer or licensed manning
agency.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

44
11. Impose a compulsory and exclusive arrangement whereby a seafarer is required to
avail of a loan from a specifically designated institution, entity, or person.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

12. Granting a loan to a seafarer with interest exceeding eight percent (8%) per annum
which will be used for payment of legal and allowable fees and making the seafarer
issue, either personally or through a guarantor or accommodation party, post-dated
checks in relation to the said loan.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

13. Refuse to condone or renegotiate a loan incurred by the seafarer after the latter’s
employment contract has been prematurely terminated through no fault of his/her
own.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

14. Default on contractual obligations to the principal/employer.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

15. Failure to submit reports on serious incidents involving piracy, death, missing
seafarer, serious illness and injury requiring repatriation.

Penalty:
1st Offense — Suspension of License (Two Months to Six Months)
2nd Offense — Suspension of License (Six Months and One day to One year)
3rd Offense — Suspension of License (One year and One day to Two years)
4th Offense — Cancellation of License

45
C. The following are light offenses with their corresponding penalties:

1. For the owner, partner, or officer/s of any licensed manning agency to become an
officer or member of the Board of any corporation or partnership engaged directly or
indirectly in the management of a travel agency.

Penalty:
1st Offense — Reprimand
2nd Offense — Fine of PhP20,000.00
3rd Offense — Suspension of License (One month to Three months)
4th Offense onwards — Suspension of License (Three months to Six months)

2. Inducing or attempting to induce an already contracted seafarer to transfer from or

leave his/her employment for another unless the transfer is designed to liberate a
seafarer from oppressive terms and conditions of employment.

Penalty:
1st Offense — Reprimand
2nd Offense — Fine of PhP20,000.00
3rd Offense — Suspension of License (One month to Three months)
4th Offense onwards — Suspension of License (Three months to Six months)

3. Influencing or attempting to influence any person or entity not to employ any

seafarer who has not applied for employment through his agency or who has
formed, joined or supported, or has contacted or is supported by any union or
seafarer’s organization.

Penalty:
1st Offense — Reprimand
2nd Offense — Fine of PhP20,000.00
3rd Offense — Suspension of License (One month to Three months)
4th Offense onwards — Suspension of License (Three months to Six months)

4. Failure to actually deploy a contracted seafarer within the prescribed period without
valid reason.

Penalty:
1st Offense — Reprimand
2nd Offense — Fine of PhP20,000.00
3rd Offense — Suspension of License (One month to Three months)
4th Offense onwards — Suspension of License (Three months to Six months)

5. Coercing a seafarer to accept prejudicial arrangements in exchange for certain

benefits that rightfully belong to them.

Penalty:
1st Offense — Reprimand

46
 2nd Offense — Fine of PhP20,000.00
rd
3 Offense — Suspension of License (One month to Three months)
th
4 Offense onwards — Suspension of License (Three months to Six months)

6. Disregard of orders, notices and other legal processes issued by the Administration.

Penalty:
1st Offense — Reprimand
2nd Offense — Fine of PhP20,000.00
3rd Offense — Suspension of License (One month to Three months)
4th Offense onwards — Suspension of License (Three months to Six months)

7. Failure to submit reports on the status of the employment of seafarers, placement

vacancies, remittance of foreign exchange earnings, departures, and such other
matters or information as may be required by the Secretary or the Administration,
such as resignation and separation from jobs of office staff members.

Penalty:
1st Offense — Reprimand
2nd Offense — Fine of PhP20,000.00
3rd Offense — Suspension of License (One month to Three months)
4th Offense onwards — Suspension of License (Three months to Six months)

8. Violation of other pertinent provisions of the Code and other relevant laws, rules and
regulations, guidelines and other issuances on recruitment and placement of
seafarer for overseas employment and the protection of their welfare.

Penalty:
1st Offense — Reprimand
2nd Offense — Fine of PhP20,000.00
3rd Offense — Suspension of License (One month to Three months)
4th Offense onwards — Suspension of License (Three months to Six months)

Money claims arising from recruitment violation may be awarded in addition to the
administrative penalties imposed.

SECTION 124. Imposition of Fines. — In lieu of the penalty of suspension of license, the
Administration may impose the penalty of fine which shall be computed at Fifty Thousand
Pesos (P50,000.00) for every month of suspension.

SECTION 125. Penalty for Cases Involving Five or More Workers. — The penalty of
cancellation of license shall be imposed upon a respondent found liable for committing an
offense, regardless of the number or nature of charges, against five (5) or more workers in a
single case. This provision shall not apply to consolidated cases unless there are five (5) or
more complainants in any of the consolidated cases.

47
SECTION 126. Motion for Reconsideration. — A motion for reconsideration shall be treated
as an appeal.

RULE IV
Disciplinary Action against Principal/Employer

SECTION 127. Grounds for Disciplinary Action Against Principal/Employer. — Commission by

a principal/employer of any of the offenses below shall be a ground for disciplinary action,
for which the corresponding penalties shall be imposed:

A. SERIOUS OFFENSES:

1. Gross violation of laws, rules and regulations on overseas employment.

Penalty: Permanent Disqualification and delisting from the roster of accredited

principals/employers

2. Gross negligence leading to serious injury or illness or death of the worker.

Penalty: Permanent Disqualification and delisting from the roster of accredited

principals/employers

3. Grave misconduct against the seafarer.

Penalty: Permanent Disqualification and delisting from the roster of accredited

principals/employers

4. Conviction for an offense involving moral turpitude.

Penalty: Permanent Disqualification and delisting from the roster of accredited

principals/employers

5. Compelling a seafarer to work for another employer or perform another work.

Penalty: Permanent Disqualification and delisting from the roster of accredited

principals/employers

6. Passing on or deducting from a seafarer’s salary the payment of the cost of insurance
fees, premium, or other insurance related charges as provided under the compulsory
insurance coverage.

Penalty: Permanent Disqualification and delisting from the roster of accredited

principals/employers

48
B. LESS SERIOUS OFFENSES:

1. Default on its contractual obligations to the seafarer and/or to its manning agent.

Penalty:
1st Offense — Fine of Php50,000.00
2nd Offense — Fine of Php100,000.00
3rd Offense — Suspension from participation in the overseas employment
program (Six months to One year)
4th Offense — Permanent Disqualification and delisting from the roster of
accredited principals/employers

2. Substitution of the POEA-approved contract.

Penalty:
1st Offense — Fine of Php50,000.00
2nd Offense — Fine of Php100,000.00
3rd Offense — Suspension from participation in the overseas employment
program (Six months to One year)
4th Offense — Permanent Disqualification and delisting from the roster of
accredited principals/employers

3. Withholding of the seafarer’s travel and other pertinent documents.

Penalty:
1st Offense — Fine of Php50,000.00
2nd Offense — Fine of Php100,000.00
3rd Offense — Suspension from participation in the overseas employment
program (Six months to One year)
4th Offense — Permanent Disqualification and delisting from the roster of
accredited principals/employers

4. Violation of other laws, rules and regulations on recruitment and placement.

Penalty:
1st Offense — Fine of Php50,000.00
2nd Offense — Fine of Php100,000.00
3rd Offense — Suspension from participation in the overseas employment
program (Six months to One year)
4th Offense — Permanent Disqualification and delisting from the roster of
accredited principals/employers

49
 RULE V
DISCIPLINARY ACTION AGAINST SEAFARER

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:

A. PRE-EMPLOYMENT OFFENSES:

1. Submitting, furnishing or using false information or documents or any form of

misrepresentation for the purpose of job application or employment.

Penalty:
1st Offense — Suspension from participation in the overseas employment
Program (Six months to One year)
2nd Offense — Suspension from participation in the overseas employment
Program (One year and one day to Two years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program

2. Unjustified refusal to join ship after all employment and travel documents have been
duly approved by the appropriate government agencies.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (Six months to One year)
2nd Offense — Suspension from participation in the overseas employment
program (One year and one day to Two years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program

B. OFFENSES DURING EMPLOYMENT:

1. Smuggling or violation of any customs rules and regulations of the Philippines and of
foreign ports.

a. Smuggling any taxable item.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program (One year and one day to Two
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

50
b. Possession or use of prohibited drugs, narcotics and other contraband.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program (One year and one day to Two
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

c. Gun-running or possession of explosives and the like.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program (One year and one day to Two
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

d. Abetting or conniving with others to commit smuggling.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program (One year and one day to Two
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

e. Misdeclaration of or failing to declare articles leading to their seizure and fine to

the ship.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program(Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program(One year and one day to Two
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

51
f. Misdeclaration of or failing to declare articles leading to their seizure but the ship
is not implicated.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program (One year and one day to Two
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

g. Possession of pornographic materials leading to their confiscation and fine to the

ship.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program (One year and one day to Two
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

h. Possession of child pornography materials leading to their confiscation and fine

to the ship.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program (One year and one day to Two
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

i. Any other violation which does not implicate the ship.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program (One year and one day to Two
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

52
 j. Any other violation which implicates the ship.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Two years)
2nd Offense — Suspension from participation in the overseas
employment program (Two years and one day to Three
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

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

3. Abandoning or leaving one’s post or duty without being properly relieved.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Two years)
2nd Offense — Suspension from participation in the overseas employment
program (Two years and one day to Three years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program

4. Leaving the ship without permission from responsible officers during or outside
working hours.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Two years)
2nd Offense — Suspension from participation in the overseas employment
program (Two years and one day to Three years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program

53
5. Entrusting to others assigned duties without authority of department head.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Two years)
2nd Offense — Suspension from participation in the overseas employment
program (Two years and one day to Three years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program

6. Sleeping on post while on duty.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Two years)
2nd Offense — Suspension from participation in the overseas employment
program (Two years and one day to Three years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program

7. Insubordination

a. Any act of disobedience to lawful orders of a superior officer.

Penalty:
1st Offense — Suspension from participation in the overseas
Employment program (One year to Two years)
2nd Offense — Suspension from participation in the overseas
employment program (Two years and one day to Three
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

b. Attempting to assault a superior officer.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program (One year and one day to Three
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

c. Assaulting a superior officer/other persons on business with the ship without the
use of deadly weapon.

54
 Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Two years)
2nd Offense — Suspension from participation in the overseas
employment program (Two years and one day to Three
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

d. Assaulting a superior officer/other persons on business with the ship with the
use of deadly weapon.

Penalty:
1st Offense — Permanent Disqualification from participation in the
overseas employment program

e. Behaving with disrespect towards a superior officer.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program(Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program(One year and one day to Two
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

f. Insulting a superior officer by words or deed.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program(Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program(One year and one day to Two
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

g. Inciting another to commit insubordination.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program (One year and one day to Two
years)

55
 3rd Offense — Permanent Disqualification from participation in the
overseas employment program

8. Drunkenness

a. Drunk while on duty.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Two years)
2nd Offense — Suspension from participation in the overseas
employment program (Two years and one day to Three
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

b. Creating trouble on board due to intoxication.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Two years)
2nd Offense — Suspension from participation in the overseas
employment program (Two years and one day to Three
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

c. Failure to perform assigned jobs due to intoxication.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Two years)
2nd Offense — Suspension from participation in the overseas
employment program (Two years and one day to Three
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

9. Creating trouble outside the ship’s premises that would unjustly implicate the ship.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Two years)
2nd Offense — Suspension from participation in the overseas employment
program (Two years and one day to Three years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program

56
10. Gambling

a. That results in fighting or any incident as to upset the harmonious relationship on

board the ship.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Two years)
2nd Offense — Suspension from participation in the overseas
employment program (Two years and one day to Three
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

b. Any other form of gambling which is not purely recreational.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Two years)
2nd Offense — Suspension from participation in the overseas
employment program (Two years and one day to Three
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

11. Violation of company policies and regulations for:

a. Pilferage or theft of ship’s store or cargo.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the
overseas employment program

b. Pilferage or theft of ship’s property, of crew or passengers or other persons with

business at the ship.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the
overseas employment program

c. Embezzlement of company funds.

57
 Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the
overseas employment program

d. Unauthorized disposal of company ship’s properties for personal gain.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the
overseas employment program

e. Any act of dishonesty with intention to defraud the company.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the
overseas employment program

f. Gross negligence and failure to observe proper storage and cargo handling
procedures resulting in delay of ships and/or damage to cargo.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the
overseas employment program

g. Failure to observe and comply with the regulation on non-baggage shipment and
acceptance of parcels on board.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the
overseas employment program

h. Failure to observe regulations on expiration of shore liberty.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program(Six months to One year)
2nd Offense — Suspension from participation in the overseas

58
 employment program(One year and one day to Two
years)
3rd Offense — Permanent Disqualification from participation in the
overseas employment program

i. Being left behind by the ship in a foreign port without justifiable reason.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the
overseas employment program

j. Disorderly conduct and/or disrespect towards passengers or other persons.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Two years)
2nd Offense — Suspension from participation in the overseas
employment program (Two years and one day to Three
years)
3rdOffense — Permanent Disqualification from participation in the
overseas employment program

k. Immorality so as to cast aspersion on the good name of the ship and the
company.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (Six months to One year)
2nd Offense — Suspension from participation in the overseas
employment program (One year and one day to Three
years)
3rdOffense — Permanent Disqualification from participation in the
overseas employment program

l. Inflicting harm or injury to others.

Penalty:
1st Offense — Suspension from participation in the overseas
Employment program (One year to Two Years)
2nd Offense — Suspension from participation in the overseas
employment program (Two years and one day to Three
years)
3rdOffense — Permanent Disqualification from participation in the
overseas employment program

59
12. Incompetence and inefficiency of a seafarer.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (Six months to One year)
2nd Offense — Suspension from participation in the overseas employment
program (One year and one day to Three years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program

13. Inciting mutiny or malicious destruction of ship’s property or any activity which will
hamper the efficient operation of the ship.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the overseas
employment program

14. Concerted action to breach approved contracts.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Two years)
2nd Offense — Suspension from participation in the overseas employment
program (Two years and one day to Three years)
3rdOffense — Permanent Disqualification from participation in the overseas
employment program

15. Any activity which tends to destroy the harmonious relationship of the company.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Two years)
2nd Offense — Suspension from participation in the overseas employment
program (Two years and one day to Three years)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program

16. Grave abuse of authority.

a. Grave abuse of authority (with the use of deadly weapon) resulting in harm or
injury to subordinate.

Penalty:
1st Offense — Permanent Disqualification from participation in the
overseas employment program

60
 b. Grave abuse of authority (without the use of deadly weapon) resulting in harm or
injury to subordinate.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Two Years)
2nd Offense — Suspension from participation in the overseas
employment program (Two years and one day to Three
years)
3rdOffense — Permanent Disqualification from participation in the
overseas employment program

c. Any other case of abuse of authority.

Penalty:
1st Offense — Suspension from participation in the overseas
employment program (One year to Two Years)
2nd Offense — Suspension from participation in the overseas
employment program (Two years and one day to Three
years)
3rdOffense — Permanent Disqualification from participation in the
overseas employment program

17. For gross misbehavior prejudicial to good order and discipline.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Two Years)
2nd Offense — Suspension from participation in the overseas employment
program (Two years and one day to Three years)
3rdOffense — Permanent Disqualification from participation in the overseas
employment program

18. Gross negligence resulting in damage, loss, spoilage or deterioration of the ship’s
stocks and property.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Two Years)
2nd Offense — Suspension from participation in the overseas employment
program (Two years and one day to Three years)
3rdOffense — Permanent Disqualification from participation in the overseas
employment program

61
19. Connivance with or coddling of a stowaway.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Two Years)
2nd Offense — Suspension from participation in the overseas employment
program (Two years and one day to Three years)
3rdOffense — Permanent Disqualification from participation in the overseas
employment program

20. Wilfully making a false statement, report, certification or document for personal gain
or with intent to mislead or defraud the company or the authorities.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the overseas
employment program

21. Any other case as to cast aspersion on the good name of the company and the ship.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the overseas
employment program

22. Violation to observe safety and environmental rules/ regulations.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the overseas
employment program

23. Failure to observe the drug and alcohol policy of the company.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the overseas
employment program

24. Embezzlement of monies and/or properties of a fellow worker entrusted for delivery
to kin or relatives in the Philippines.

62
 Penalty:
1st Offense — Suspension from participation in the overseas employment
program(One year to Three years)
2ndOffense — Permanent Disqualification from participation in the overseas
employment program

25. Failure to refund the cost of his/her repatriation advanced by the principal/employer
or licensed manning agency where termination of employment was due to his/her
own fault as determined by a Labor Arbiter.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (One year to Three years)
2ndOffense — Permanent Disqualification from participation in the overseas
employment program

26. Violation of the Code of Discipline for Seafarers.

Penalty:
1st Offense — Suspension from participation in the overseas employment
program (Two months to Six months)
2nd Offense — Suspension from participation in the overseas employment
program (Six months and One day to One year)
3rd Offense — Permanent Disqualification from participation in the overseas
employment program.

RULE VI
Filing of Complaints and Venue Of Action

SECTION 129. Who May File. — An aggrieved person may file a complaint in writing and
under oath for violation of laws, rules and regulations or other issuances relating to
overseas employment.

For this purpose, an aggrieved person is one who is prejudiced by the commission of a
violation as enumerated in the immediately preceding Rule.

The Administration may, on its own initiative, conduct proceedings based on reports of
violation of these Rules and other issuances on overseas employment, subject to
preliminary evaluation. The report should state clearly the facts constituting the offense,
attaching all available evidence relative thereto. The report shall be investigated by the
Adjudication Office or the POEA regional center/extension units.

SECTION 130.On-Site Complaints for Violation of the POEA Rules and Regulations. —The
procedures under Department Order No. 87-08 and/or Manual of Operations of the POLO
shall be observed for on-site complaints on violation/s of the POEA rules and regulations.

63
The complaint shall be in affidavit form and subscribed and sworn before a consular official
of the Philippine Embassy. It shall be accompanied by available supporting documents and a
Certification of Non-Forum Shopping and Certificate of Failure to Conciliate.

The verified complaint shall be filed with the POLO that has jurisdiction over the worksite of
the complainant. The POLO shall endorse to the Administration the complaint filed on-site,
together with the available supporting documents, for investigation.

SECTION 131. Contents of the Complaint. — All complaints must contain the following:

a. The complete name and complete address of the complainant;

b. The complete name and complete address of the respondent;
c. Specific complaint referred to in the classification of offenses;
d. The substance, cause/grounds of the complaint;
e. When and where the action complained of happened;
f. The amount of claim, if any; and
g. The relief/s sought.

The complaint shall be under oath and must be accompanied by the following:

a. Supporting documents;
b. Certificate of failure to conciliate; and
c. Certificate of non-forum shopping.

SECTION 132. Docket and Assignment of Cases. — Complaints duly received and cases
initiated by the Administration shall be docketed and raffled for investigation and hearing.

SECTION 133. Venue. — Any complaint against a licensed manning agency arising out of a
recruitment violation or violation of the conditions of the license, or complaint against a
seafarer or a principal/employer for disciplinary action may be filed with the Adjudication
Office, or with the POEA Regional Centers/Extension Units having jurisdiction over the place
where the complainant was recruited or resides, at the option of the complainant. The
Office where the complaint was first filed shall take cognizance of the case.

SECTION 134. Change of Venue. — A complaint filed before the Adjudication Office may be
transferred to the POEA Regional Center/Extension Unit before the respondent files the
Answer, upon motion/request of either party and on meritorious grounds, subject to the
approval by the Administration.

SECTION 135. Referral to the POEA Regional Center/Extension Unit for Reception of
Documentary Evidence. — The Adjudication Office may, upon request of the parties, refer
to the POEA Regional Center/Extension Unit the reception of documentary evidence. The
Regional Center/Extension Unit shall endorse the received evidence to the Adjudication
Office for inclusion in the case record.

64