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Supreme Court promulgate Rules of Procedure for Admiralty Cases

Philippine Shipping Update – Manning Industry

By:  Ruben Del Rosario, President, Del Rosario Pandiphil Inc., 23 January 2020 (Issue 2020/01)

Supreme Court promulgate Rules of Procedure for Admiralty Cases
 
To provide parties in cases in admiralty and maritime jurisdiction a fast, reliable and efficient means of recourse to Philippine courts, and to enhance the administration of justice in admiralty and maritime cases through the development of judicial expertise, the Supreme Court has promulgated the new Rules of Procedure for Admiralty Cases.  The Rules took effect on 01 January 2020.
 
According to the Court, the Rules will cover civil actions filed under shipping and other related laws, rules, and regulations, while allowing international shipping norms and standards to apply. Innovations from foreign jurisdictions are introduced, such as the arrest of a vessel, cargo or freight to secure a maritime claim, and the appointment of appraisers to determine a vessel’s or cargo’s value when sold to satisfy a final judgment. The Rules also establish a special proceeding for limitation actions to facilitate the application of the “limited liability rule” under the Code of Commerce.  In certain instances, ship owners may limit their liability for claims arising from marine casualties by constituting a limitation fund and abandoning their vessel.  Likewise incorporated in the Rules are concepts intended to reduce trial time and hasten case resolution, such as prohibited pleadings and motions, continuous trial, and defined timelines for every stage of trial.
 
The adoption of the Rules is a first in the Philippines and existing courts will be designated as admiralty courts which shall have jurisdiction over all actions in admiralty.
 
POEA issues deployment ban to Iraq and Kuwait
 
The POEA has issued separate Governing Board Resolutions in imposing a deployment ban on Filipino overseas workers to Iraq and Kuwait.
 
In Governing Board Resolution No. 02, Series of 2020 dated 10 January 2020, the POEA imposed a deployment ban to Iraq, which includes crew changes and shore leaves of Filipino seafarers, due to the escalating tensions between Iran and the Unites States.
 
In Governing Board Resolution No. 04, Series of 2020 dated 15 January 2020, the POEA imposed a deployment ban to Kuwait.  The ban includes crew changes and shore leaves of Filipino seafarers, due to a lack of protection and welfare of Filipino overseas workers in Kuwait.
 
New Rate of the Pag-IBIG Fund Effective January 2021
 
Pag-IBIG Fund will be raising their rates for the years 2021 and 2023.   On 06 November 2019, the Pag-IBIG Fund Board of Trustees unanimously approved the increase in the maximum monthly compensation to be used in computing the required two percent (2%) employee contributions (savings) and two percent (2%) employer share of its members. 
 
The approved maximum monthly compensation shall be increased from the current five thousand pesos (PHP5,000) to seven thousand five hundred pesos (PHP7,500), effective 01 January 2021 and to ten thousand pesos (PHP10,000.00), effective 01 January 2023.
 
As a result, the required monthly contributions (savings) of Pag-IBIG Fund members and the corresponding employer counterpart share shall be increased from the current one hundred pesos (PHP100.00) to one hundred fifty pesos (PHP150.00), effective 01 January 2021, and to two hundred pesos (P200.00), effective 01 January 2023. 
 
Firm News
 
Del Rosario & Del Rosario named as 2019 Best Law Firm in the Philippines in Shipping and Maritime by Asia Business Law Journal. 
 
Asia Business Law Journal’s Philippines Law Firm Awards are based on votes, references and qualitative information received from in-house counsel and other legal professionals in the Philippines and around the world. 
 
We share this recognition with our clients and friends whose continued support over the years only strengthens our resolve to provide better and quality service. Cheers!

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DelRosarioLaw Partner Joseph Rebano was invited to be a lecturer by the Supreme Court of the Philippines, the Philippine Judicial Academy and the Special Committee for the Rules of Procedure for Admiralty Cases in the Training Seminar on the Rules of Procedure for Admiralty Cases which was held last 11-12 December 2019. 
 
The training seminar is designed to apprise selected judges, court personnel and other stakeholders on the Rules of Procedure for Admiralty Cases as approved by the Supreme Court.   Participants included designated selected Judges, Branch Clerks of Court and Sheriffs of designated Pilot Admiralty Courts.  Joseph spoke on “Rules 6 to 7: Arrest of Vessel, Cargo or Freight”.

 

Areas of Specialization: Shipping, Labour, Transport, Corporate, Mergers & Acquisitions, Insurance, Immigration, Litigation, Arbitration, Intellectual Property
 
2018 AsiaLaw Profiles: Outstanding in Shipping, Maritime & Aviation; Recommended in Dispute Resolution & Litigation, Intellectual Property, Labour & Employment.

“Del Rosario & Del Rosario has the strongest shipping practice in the Philippines. They definitely deserves the top ranking.” AsiaLaw Profiles 2018.

“We rely on them when there’s a problem. We can trust them. And they can deliver the service required.” The Legal 500 2018.

“For almost four decades, DelRosarioLaw has led in the shipping and transport practice in the Philippines by assisting stakeholders in fostering institutional changes to ensure the continued viability of the local shipping and manning sectors. This enduring reputation has made the firm’s opinion in major maritime policies of the country most sought after.” Chambers Asia-Pacific 2018.


Del Rosario & Del Rosario, a four-decades-old firm, is considered to be among the top shipping and maritime practices in the country. It has also built a formidable reputation in insurance and reinsurance, and has more than 30 lawyers, including 10 partners.” The Philippines Law Firm Awards 2018.

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This publication aims to provide commentary on issues affecting the manning industry, analysis of recent cases and updates on legislation.  It is meant to be brief and is not intended to be legal advice.  To subscribe or for further information, please email This email address is being protected from spambots. You need JavaScript enabled to view it. .

 
 

 

 

Bulletin

TheAsia Business Law Journal has named Managing Partners Arturo Del Rosario, Jr. and Ruben Del Rosario and Senior Partner Joseph Rebano as one of the Philippines Top 100 Lawyers in their recently published list.

The Top 100 list of lawyers can be accessed as follows:

https://www.vantageasia.com/asia-business-law-journal/Philippines-lawyers/#INTRODUCTION

 

DelRosarioLaw welcomes Ruben Jose G. Del Rosario Jr., as a Junior Associate of the firm. He is a 2011 Bachelor of Science in Management, Major in Legal Management graduate of Ateneo de Manila and a 2017 Bachelor of Laws graduate of San Beda College - Alabang.

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Partner Charles Dela Cruz spoke on "Nuances of Retirement Law in the Philippines" at the 2nd HR Compliance Conference held on September 25-26, 2018 at SMX Aura Convention in Bonifacio Global City.

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Partners Charles Dela Cruz and Herbert Tria spoke on “Current Crew Claims Handling Issues related to the Data Privacy Act” at the 7th Annual Magsaysay Shipping and Logistics’ Marine Insurance Seminar held on 21 September 2018 at Robert Hall, Times Plaza Building, Manila.

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DelRosarioLaw Senior Partner Charles Jay Dela Cruz was elected as member of the Board of Trustees of the Philippine Bar Association (PBA) for the term 2018-2019.

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Downloads

  • IRR Seafarer's Protection Act
  • Seafarers Protection Act
  • ORDINANCE No. 28 Series of 2015 Zambales, Philippines
  • NLRC MEMO on 3rd Doctor
  • NLRC Rules of Procedure 2011
  • Standard Terms and Conditions of Del Rosario Law
  • POEA SEC - 2010 Amendments
  • POEA Memorandum Circular No. 10 Series of 2010
  • Governing Board Resolution No. 09 Series of 2010

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