Negligence causing damage loss, spoilage or deterioration of ship’s stocks and property

5:52 am Wednesday, September 13, 2017 By: Atty. Dennis R. Gorecho It is settled that the employer has the burden to prove that the dismissal of a seafarer is based on a valid cause. To discharge this burden, the employer must present substantial evidence – or such amount of relevant evidence that a reasonable mind

Prescription in filing cases

9:19 pm Friday, July 7, 2017 By: Dennis R. Gorecho The prescriptive period under the pre-2000 contract is one year from the date of the seafarer’s return to the point of hire. Under the 2000 contract, prescription is three years from the date the cause of action arises. This harmonizes the contract with the Philippine

Compensation for the Heirs

Tinig ng Marino Article – May-June 2016 Can the heirs claim death benefits even if the seafarer died after his medical repatriation?Yes, as pronounced in the case of Canuel v. Magsaysay Maritime Corporation, et. al (G.R. No. 190161, October 13, 2014), the Supreme Court granted the claims for death benefits even though the seafarer’s death happened

Blame-shifting in Seafarer’s labor cases

“Aanhin pa ang damo kung patay na ang kabayo.”  Never mind if the seafarer dies before he receives compensation. A popular Filipino saying that applies directly to the possible  legal effect of ANGKLA’s  bill (House Bill No. 5430) that seeks to delay the execution of  the favorable judgment from the National Labor Relations Commission (NLRC)

The imbalanced legal battle on seafarers claims

Through legislative fiat, ANGKLA partylist is throwing off-balance the already imbalanced legal battle on seafarers claims. Every labor dispute is a David and Goliath battle as it involves two opposing parties: the worker on one side and the management on the other, for monetary claims for disability and death benefits, illegal dismissal as well as

Pagrereport sa loob ng Tatlong Araw kung Medically-Repatriated

MAYROON bang exception sa requirement na napapaloob sa Philippine Overseas Employment Administration – Standard Employment Contract (POEA-SEC) na ang isang marino ay dapat sumailalalim sa post-employment medical examination na isasagawa ng company-designated physician sa loob ng tatlong working days pagkabalik sa Pilipinas? Ang sagot ay OO. Ayon sa Section 20 (B) ng POEA-SEC, sa sitwasyon

Sailorspeak – Resignation?

“Things past redress are now with me past care” – William Shakespeare. THE EMPLOYMENT relation between the manning agency representing the shipping company as the employer, and the seafarer as the employee, may cease not only upon the initiative or the employer based on authorized or just causes but also by reason of the free

The Rough-Hewn Charm that is Batanes

“Arava u mayet an namaes u ryes”, “There is no strong man when the sea is at its worst”, goes the Ivatan proverb. As I traveled around this northernmost part of the Philippine Archipelago last Holyweek, I discovered that what I read about the place is true, if not an understatement. Also known as the

The politics of seafarer’s Money claims

       BY ATTY. DENNIS R. GORECHO   An anti-seafarer bill might be refiled by ANGKLA Partylist during the next Congress if it will be reelected in office, a bill that  is clearly a mere dilatory tactic to stop the labor/  seafarers   from getting what is rightfully due them.   With  House Bill  No. 5430, the

Paralegal Lecture on Seafarers’ Rights – T.I.P. Manila

Paralegal lecture on seafarer’s rights, TIP Manila February 26, 2015. Aristotle once said: ”Those that know do. Those that understand, teach”. Our law firm Sapalo Velez Bundang Bulilan ( SVBB) believes that the best way to afford legal protection to seafarers is for them to be properly educated of their legal rights.

Translate »