Analyzing the Magna Carta of Filipino seafarers and the implications on P&I claims
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Keywords
Filipino seafarers ; Magna Carta ; P&I claims ; Section 59 ; Maritime law ; Ambulance chasing ; Bond system ; Dispute ResolutionAbstract
This thesis examines the recent Magna Carta for Filipino Seafarers and the implementing rules
and regulations (IRR) in connection with the effects on Protection and Indemnity (P&I) claims.
More particularly it examines Section 59 regarding execution of judgments and monetary awards,
analyzing the impact on seafarers, shipowners, and the maritime legal sector. This provision marks
a significant change from previous practice by developing a dual-track approach to monetary
awards, distinguishing between “disputed” and “undisputed” amounts, and establishing the
execution mechanisms, requiring bond posting from either party as a prerequisite. This study
examines key issues such as ambulance chasing, the bond system, and the fair resolution of claims,
considering their legal, economic, and practical dimensions. It investigates how the new procedure
aims to provide a balance between seafarers with swift access to justice and protect shipowners
from hyperbolic allegations. Further attention is given to the implementation of the bond system
in disputed cases, specifically when implementation is delayed subject to appellate proceedings,
and how these mechanisms connect with the international labor standards, and more specifically
the Maritime Labor Convention (MLC) 2006. The research also addresses the challenge of
“ambulance chasing, referring to the unethical solicitation of clients by certain legal practitioners,
which the Magna Carta tries to reduce and through clearer procedure and measures. Utilizing
theoretical frameworks and legal case evaluations, the thesis explores both actual and hypothetical
disputes under the pre- and post-Magna Carta frameworks to evaluate and determine the law’s
impact both in practice and how this affects the real life. These cases illustrate how Section 59's
mechanisms have impacted methods of claim settlement for seafarers and shipowners alike,
especially with respect to timelines for monetary relief, and the use of medical assessments
(including third-doctor referrals under Section 57). The research introduces certain benefits of the
new Law, such as improved procedures for executing awards and diminished exposure to
manipulation, while also addressing practical concerns, such as the affordability of bond premiums
with possible negative consequences for the pursuit of legitimate claims. The thesis contributes to
maritime legal and P&I scholarship by emphasizing the complex relationship between labor
protections and commercial risk management in the shipping industry. It ultimately argues that
while the Magna Carta provides a landmark effort in codifying the rights of Filipino seafarers and
local regulations with international obligations, its long-term success will depend on the
responsiveness of its implementing mechanisms, continuous stakeholder dialogue, and the careful
calibration of equity between seafarer’s welfare and shipowner viability.
Postgraduate Studies Programme
Shipping ManagementDepartment
Σχολή Ναυτιλίας και Βιομηχανίας. Τμήμα Ναυτιλιακών ΣπουδώνNumber of pages
61Language
EnglishCollections
Except where otherwise noted, this item's license is described as
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα