This article explains, from the employer/shipowner/manning-agency perspective, how to pursue cases against a seafarer under Philippine law, where to file, what remedies are available, and how to prepare evidence. It covers labor, administrative, civil/criminal, and licensing avenues, with practical steps and checklists.

1) First Principles

1. Philippine nexus. Philippine law and forums apply when (a) the seafarer is a Filipino, (b) the POEA Standard Employment Contract (POEA-SEC) or a POEA-processed contract governs, (c) a licensed Philippine manning agency (PMA) is involved, or (d) the dispute arises from recruitment/placement acts in the Philippines.

2. Contractual framework. Almost all ocean-going Filipino seafarers sail under the POEA-SEC (now under the Department of Migrant Workers or DMW), often supplemented by a CBA and the shipowner’s policies. These instruments define duties, offenses, penalties, and dispute routes.

3. Forum selection. Philippine policy generally disfavors foreign forum-selection clauses that oust Philippine jurisdiction in OFW disputes. If your cause of action is against the seafarer, assume Philippine forums remain available unless a specific statute says otherwise.

4. Due process. Even if you are the complainant, you must observe administrative due-process norms: clear notice of charges, reasonable opportunity to respond, and a decision based on substantial evidence.

2) What Kind of Case Do You Have?

Map your theory to the proper forum(s). More than one track can run in parallel.

A. Labor/Money Claims (Employer as Complainant)

Typical causes: recovery of shipowner’s property; damages for breach of contract (e.g., desertion, serious misconduct); reimbursement under training bonds or liquidated damages clauses (if valid and reasonable).
Forum: Labor Arbiter, National Labor Relations Commission (NLRC).
Why NLRC: It has original and exclusive jurisdiction over claims arising from employer-employee relations by either party. Employers can be complainants.
Relief: Monetary awards (damages, restitution), with execution against the seafarer’s assets. Where the PMA posted escrow/bonds (mandated for protection of workers), those are not ordinarily available to satisfy employer claims.

B. Administrative Discipline vs. the Seafarer (Employment/Deployment Sanctions)

Typical causes: breach of the POEA-SEC; desertion; serious misconduct on board; falsification of documents; willful disobedience; theft; drug use; violence; willful damage.
Forum: DMW (formerly POEA) – Disciplinary Action Cases (DAC) vs. Overseas Workers.
Relief: Reprimand; suspension from overseas deployment for a fixed period; permanent disqualification from overseas employment in grave cases; administrative fines. This route affects the seafarer’s ability to be re-deployed via POEA/DMW processing.

C. Licensure/Professional Sanctions

Typical causes: professional incompetence; negligence leading to casualty; intoxication on duty; fraud in certificates; breaches under STCW-aligned standards.
Forum: MARINA (Maritime Industry Authority) for Certificates of Competency/Proficiency and the Seafarer’s Record Book.
Relief: Reprimand; suspension/revocation of COC/COP; entries in the seafarer’s record; orders requiring retraining or re-examination.

D. Civil Actions in Regular Courts

Typical causes: torts or contractual damages not strictly within labor jurisdiction (e.g., complex property or third-party claims).
Forum: Regional Trial Courts (RTCs).
Relief: Damages, injunctions, attachment, replevin (for employer property).

E. Criminal Complaints

Typical causes: theft/qualified theft, estafa, malicious mischief, falsification, physical injuries, illegal drugs, etc.
Forum: Office of the City/Provincial Prosecutor (criminal inquest/complaints) leading to RTCs or MTCs.
Notes: Jurisdictional issues arise for acts committed outside Philippine territory. Crimes on Philippine-flagged ships and certain extraterritorial scenarios can still be cognizable; consult criminal counsel for venue and extraterritoriality.

3) Choosing and Sequencing Forums

Parallel tracks are allowed: For example, file a DMW disciplinary case to restrict future deployment and—separately—pursue an NLRC claim for monetary damages. Add a MARINA complaint if the facts implicate professional competence.
Pre-litigation conciliation (SENA): The Single-Entry Approach (SENA) under DOLE/NCMB is a 30-day mandatory conciliation in many labor disputes. It can be a low-cost evidence-gathering and settlement first stop. (Not required for all admin/licensing tracks.)
Prescription (time limits):
- Labor money claims: generally 3 years from accrual.
- Administrative DAC (DMW/POEA): commonly treated as 3 years (check current rules).
- Criminal: varies by offense (6 months to 20 years+).
- Civil actions: typically 10 years for written contracts, shorter for quasi-delict (4 years).
Venue:
- NLRC: per NLRC Rules—often where the complainant resides, the respondent resides, or where the cause of action arose; for seafarers, Manila/NCR venues are common due to PMA location.
- DMW/POEA DAC: filed where the PMA is licensed/DMW has jurisdiction (usually NCR) or as per current DMW filing procedures.
- MARINA: file with the STCW Office/Adjudication unit per MARINA rules.

4) Elements, Evidence, and Burden of Proof

Standard of proof (administrative and labor): substantial evidence—relevant evidence that a reasonable mind might accept as adequate.

Core evidence to prepare

POEA-processed Employment Contract and any CBA excerpts on offenses/penalties.
Master’s and Officers’ Reports, logbook extracts, CCTV stills, incident photos.
Sworn statements from witnesses (with passport/ID details and ranks).
Shipboard policies/SMS (Safety Management System) provisions allegedly breached.
Drug/alcohol test results (chain of custody).
Emails/Radio traffic/WhatsApp/VHF transcripts showing disobedience, threats, or admission.
Damage appraisals, inventory variances, receipts, work orders, port documents.
Repatriation records, MIR/medical notes if relevant.
Internal investigation papers showing notice and opportunity to explain (this also counters “malice” in civil suits).

Credibility pointers

Authenticate logbook entries (officer in charge; contemporaneous entries).
Maintain chain of custody for physical and digital evidence.
Keep translations for non-English materials.
Consistency with ISM Code procedures strengthens reliability.

5) Track-by-Track: How to File

A. Filing a Disciplinary Action Case against a Seafarer (DMW/POEA)

Assess Grounds. Match alleged act to POEA-SEC/CBA offense list (e.g., desertion, pilferage, insubordination, intoxication on duty).
Draft Complaint-Affidavit. Identify seafarer (full name, last known PH address, passport/SRB/COC details), employment particulars (vessel, rank, contract dates), specific acts, and governing provisions breached.
Attach Evidence. See Section 4. Include proof of service of internal notices (if any).
File with DMW (formerly POEA). Observe the current DMW docketing and fee schedule; indicate Disciplinary Action Case vs. OFW.
Service/Notices. Provide seafarer’s last known address; DMW will issue summons.
Submit Position Papers. After pleadings, you’ll be directed to file verified position papers with exhibits.
Resolution and Penalties. Seek suspension/disqualification from overseas employment and administrative fines.
Appeal. Adverse rulings may be elevated administratively (per the latest DMW rules).

When to prefer DAC: You want deployability consequences (suspension/ban), not just money.

B. Filing a Licensure/Professional Case (MARINA)

Identify the license‐related breach. (e.g., gross negligence, incompetence, intoxication while on watch).
Prepare sworn report from the Master/Company and technical incident dossier (ISM/accident investigation).
File with MARINA STCW/Adjudication. Request sanction on COC/COP or SIRB annotations.
Hearing/Submission. Expect technical assessment; be ready with expert testimony (e.g., navigation, engineering).
Outcome. Sanctions can suspend or revoke the right to sail in specified capacities.

When to prefer MARINA: You need a professional competency determination and license-level sanctions.

C. Filing a Labor/Money Case at the NLRC

Cause & Amount. Quantify damages (e.g., value of stolen tools, deliberate damage, liquidated damages if contractually valid).
SENA (optional/encouraged). Try conciliation via NCMB.
NLRC Complaint. Name the seafarer as respondent; attach POEA-contract/CBA and evidence.
Position Papers & Hearings. NLRC typically decides on the merits via position papers (with or without clarificatory conferences).
Decision & Execution. If you win, seek writ of execution. Collection can be challenging; explore pre-judgment attachment in civil courts if assets exist.

Caveat: Penalty clauses and “training bonds” must be reasonable and tied to actual, provable loss or legitimate interest; unconscionable clauses risk being void.

D. Filing Civil or Criminal Cases

Criminal: File a complaint-affidavit with the Prosecutor having venue (where offense occurred or where any essential element transpired). Attach ship arrival reports, turnover of seized items, valuation, and witness affidavits.
Civil: File damages suits in the RTC with supporting evidence; consider provisional remedies (attachment/replevin) to secure property.

6) Special Topics and Practical Issues

6.1 Desertion and AWOL

Desertion (leaving the vessel with no intent to return) and AWOL are serious; document attempts to locate, port police notifications, and Master’s log entries. Use DAC for deployment sanctions; pursue monetary damages if provable (e.g., deviation/port costs).

6.2 Theft, Pilferage, and Fraud

Secure CCTV stills, inventory sheets, and turnover receipts. For theft above threshold values, pursue criminal and NLRC routes in parallel.

6.3 Intoxication/Drugs

Ensure testing follows procedure (authorized kits, calibrated equipment, qualified testers, chain of custody). Link intoxication to duty status and incident consequences.

6.4 Social-Media Misconduct/Defamation

Preserve screenshots with URLs and timestamps; consider civil and criminal (cyber libel) complaints when elements are present. Check employer policies on confidentiality and public statements.

6.5 Medical Malingering or Refusal of Treatment

Carefully differentiate good-faith illness from malingering. Use medical logs, port clinic reports, fit-for-duty assessments. Be cautious: health matters are sensitive and protected.

6.6 Coordination with Foreign Interests

If the foreign principal requests action, the PMA is the Philippines-based anchor for filings. Keep a unified evidence set; certify foreign documents (apostille/consularization) for court use.

6.7 Data Privacy

Process personal data under Philippine Data Privacy Act guidelines; limit filings to necessary personal and medical information; redact where appropriate.

7) Drafting Tips (What Adjudicators Expect)

Theory of the case in one page. Identify offense, governing clause, acts, and requested relief.
Timeline. Day-by-day sequence with references to exhibits and logbook pages.
Exhibit index with authentication (who can identify each document at hearing).
CBA/SEC citations. Quote the exact offense and penalty range.
Damages computation. If claiming money, show how you got the numbers (replacement costs, downtime, deviation, surveyor reports).
Proof of service to the seafarer (mail, courier, email if allowed).
Translations for foreign-language materials.

8) Outcomes and Enforcement

DMW/POEA DAC: Written decision imposing deployment sanctions/fines; circulated within recruitment ecosystem; can impede future contracts.
MARINA: License entries/suspension/revocation; practical effect is loss of capacity to sail in certain ranks.
NLRC: Monetary judgment; execution via sheriff on Philippine assets; third-party claims possible; settlement is common.
Criminal: Possible arrest warrants/travel issues; restitution may be ordered upon conviction.
Civil: Monetary and injunctive relief; attachment can secure assets early.

9) Compliance Pitfalls (and How to Avoid Them)

Overbroad claims: Penalty clauses not tied to actual loss may be void.
Thin evidence: Uncorroborated accusations (no logbook/witnesses/ISM trail) are weak.
Chain-of-custody gaps: Undermine CCTV/drug tests.
Wrong forum: Don’t file licensing issues at DMW; send to MARINA.
Prescription lapses: Diary your 3-year window for labor/admin; act sooner on perishable evidence.

10) Quick Filing Checklists

A. DMW/POEA Disciplinary Case

Complaint-affidavit
POEA-processed contract + CBA pages on offenses
Master’s/Officer’s sworn reports + logbook excerpts
Evidence (CCTV, photos, lab tests, inventory sheets)
Proof of internal notice/opportunity to explain (if any)
Last known address of seafarer; IDs
Verification/authority of company representative; PMA license details

B. MARINA Licensing Case

Incident/accident report (ISM/technical)
Expert/competency analysis (navigational/engineering)
Witness affidavits; test results; voyage data where applicable
Request for specific sanction (COC/COP suspension, etc.)

C. NLRC Money Claim

Complaint form and verified position paper
Contract/CBA provisions on obligations and penalties
Damage computation with invoices/surveys
Affidavits; logs; photos; communications
Proof of conciliation (if SENA attempted)

11) FAQs

Q: Can we “blacklist” a seafarer? There is no private blacklist with legal effect. DMW may order suspension/disqualification through DAC; MARINA may suspend licenses. Those outcomes, not private lists, are what matter.

Q: Can the manning agency file the case, or must it be the foreign principal? The PMA can file in its own name or representing the principal, provided authority/agency is documented. For DAC, naming both seafarer and identifying the principal helps context.

Q: What if the offense happened on a foreign-flag ship in a foreign port? You can still pursue DMW DAC and MARINA actions. Criminal venue may be complex; get specialized counsel on extraterritoriality and evidence admissibility.

Q: Do we need to finish an internal hearing onboard? Not strictly, but onboard investigation and opportunity to explain are powerful proof of fairness and will bolster administrative outcomes.

12) Bottom Line

To pursue a Filipino seafarer for misconduct or breach:

Use DMW/POEA (DAC) for deployment sanctions;
Use MARINA for license sanctions;
Use NLRC for money claims;
Use RTC/Prosecutor for civil/criminal angles.

Build your case around the POEA-SEC/CBA, shipboard records, and a clean chain of evidence—then pick the forum(s) that deliver the remedy you actually need.