Legal Remedies When a Seafarer-Husband Stops Allotment Support (Philippine Law Perspective)
Prepared for Filipino spouses of seafarers, manning agencies, and practitioners who need a consolidated, practice-oriented guide. Updated as of 28 May 2025.
1. The Legal Duty to Provide Support
| Source of Duty | Key Provision | Scope of “Support” |
|---|---|---|
| Family Code of the Philippines (Arts. 195–208) | Spouses are reciprocally obliged to support one another; parents must support legitimate and illegitimate children. | Food, shelter, clothing, medical and hospital expenses, education, transportation, and reasonable recreation, commensurate with family resources and social standing. |
| Republic Act No. 10364 (Expanded Anti-Trafficking in Persons Act) | Includes economic abuse by withholding financial support within its definition of domestic violence when connected to trafficking. | May apply when withholding of allotment is a component of a broader trafficking or forced labor scheme. |
| Republic Act No. 9262 (Violence Against Women and Their Children – VAWC) | Economic abuse = deprivation of financial resources to which the woman and/or her children are entitled. | A criminal remedy (imprisonment 6 years & 1 day to 12 years) plus civil damages; barangay protection orders may compel immediate support. |
| POEA Standard Employment Contract (SEC) for Filipino Seafarers (2022 revised form) | Clause 11 (“Allotments”) requires monthly remit of at least 80 % of the seafarer’s basic wage to a named Allottee (usually the spouse). | Mandatory; cannot be waived by seafarer; manning agency/master must process allotment within 15 days of each payday. |
| Maritime Labour Convention, 2006 (MLC) as incorporated by PH law | Guideline B2.2.1(e): seafarer has the right to allocate a proportion of wages to dependants. | While not self-executing, POEA SEC and MARINA rules mirror the MLC standard. |
2. Typical Ways Allotments Get Interrupted
- Seafarer sends a “stop-allotment” message to the manning agency or vessel master.
- Failure of manning agency to transmit wages despite continued deductions aboard.
- Unilateral diversion of wages to another bank account or partner.
- Banking/technical errors (less common; administrative, not legal in nature).
3. First-Line Remedies (Administrative & Quasi-Judicial)
| Forum | Who Can File | Relief Obtainable | Timeline / Notes |
|---|---|---|---|
| Manning Agency’s Grievance Desk (mandatory first step under POEA SEC) | Allottee or authorized representative | Immediate reinstatement of allotment; back remittance | 5-day internal resolution window |
| Philippine Overseas Employment Administration (POEA) – Adjudication Office | Spouse/allottee; may be assisted by the OWWA Family Welfare Officer | ① Order to resume allotment ② Salary differentials + 3 % interest ③ Administrative fines vs. agency & principal ④ Suspension/revocation of license | POEA Rules allow summary proceedings (≤ 30 days) when only allotment is disputed. |
| National Conciliation & Mediation Board (NCMB) – single-entry approach if POEA jurisdiction is unclear (e.g., CBA issues) | Same parties | Facilitate voluntary settlement; if unresolved, case elevated to NLRC/POEA | 15-day conciliation period |
| Overseas Workers Welfare Administration (OWWA) – Mediation | OWWA member or qualified dependent | Mediation; may advance a one-time support loan (PHP 10 000 cap) pending resolution | Usually ≤ 30 days |
4. Labor-Arbitral / Judicial Remedies
| Forum | Legal Basis | Key Points |
|---|---|---|
| National Labor Relations Commission (NLRC) – Maritime Labor Arbiter | Art. 224(c) Labor Code, POEA SEC Clause 31 | If dispute involves claims beyond allotments (illegal dismissal, disability, etc.), allotment claim is joined; award is immediately executory. |
| Civil Action for Support (RTC-Family Court) | Arts. 203–208 Family Code; Rule on Declaration of Absolute Nullity & Annulment of Marriage, etc. | Separate from labor aspects; court may issue Provisional Order for Support Pendente Lite enforceable by garnishment of allotment/wages through agency. |
| Petition for Protection Order under RA 9262 | Secs. 8–9 RA 9262 | Barangay or court can order seafarer (even if abroad) to pay fixed monthly support; violation is contempt and a new criminal offense. |
| Criminal Prosecution for VAWC | Sec. 5(e) RA 9262 | File with Office of the City/Provincial Prosecutor; bail ≈ PHP 100 000; conviction bars future deployment until sentence served. |
5. Enforcement Tools
- Garnishment/Levy – Serve writ on manning agency; agency must set aside allotment portion first before other creditors (See: Art. 1708 Civil Code).
- Hold-Departure / Watch-List Order (WLO) – Available in VAWC cases once information is filed.
- Suspension of Seafarer’s Overseas Employment Certificate (OEC) – POEA Administrator may suspend upon finding of non-support.
- Inter-Agency Coordination – POEA coordinates with Flag State & International Transport Workers’ Federation (ITF) inspectors to prevent port-of-call offloading or denial of shore leave.
6. Strategy Guide for the Spouse/Allottee
| Step | Practical Actions | Documents Needed |
|---|---|---|
| 1. Collect Evidence | Bank statements showing last received allotment; marriage certificate; seafarer’s latest POEA contract; any written “stop-allotment” notice. | |
| 2. Send Demand Letter | Address to manning agency and principal, copy furnished POEA; give 5 days to comply. | |
| 3. File POEA Complaint | Use POEA AD-Form 1. Attach evidence. Request interim relief (resumption + escrow). | |
| 4. Contemplate RA 9262 if facts fit | Sworn statement detailing economic abuse; secure Barangay Protection Order while abroad. | |
| 5. Parallel Civil Action (if children’s tuition is at risk) | File Petition for Support Pendente Lite in Family Court; include motion for garnishment. | |
| 6. Monitor Execution | Follow up with POEA Sheriff or Court Sheriff; insist on monthly compliance report from agency. |
7. Defenses Typically Raised by the Seafarer—and How Courts View Them
| Defense | Typical Outcome / Ruling |
|---|---|
| “We are separated in fact.” | Irrelevant to support. Obligation continues until a court decree of annulment/nullity and a final liquidation of property and support obligations (Art. 198 FC). |
| “Spouse squandered the allotment.” | Remedy is accounting/partition, not cessation of support. |
| “I designated another allottee.” | POEA SEC allows change of allottee only with prior written consent of original allottee or for compelling reasons accepted by POEA; unilateral change is void. |
| “Agency already remitted.” | Agency must prove actual crediting to spouse’s account; burden shifts to agency once allotment gap is shown. |
8. Remedies Against the Manning Agency / Shipowner
Even if the seafarer is at fault, the agency and principal are jointly and solidarily liable under the POEA SEC.
- Administrative Fines – PHP 50 000 to PHP 200 000 per violation; progressive penalties may lead to license cancellation.
- Civil Liability for Actual, Moral & Exemplary Damages – Recognised in Ventis Maritime Corp. v. Estrada (G.R. No. 245970, 15 Feb 2023) where agency’s inaction on allotment stoppage was held tortious.
- Bond Execution – POEA requires agencies to keep a continuous bond; sheriffs may levy against this for unpaid allotments.
9. Tax & Currency Issues
- Allotments are exempt from Philippine withholding tax (Revenue Regulation 11-2013).
- Under BSP Circular 921 (2016), foreign remittances for support are not subject to documentary stamp tax.
- Bank fees must be shouldered by the employer/principal (POEA SEC, Clause 11).
10. Preventive Measures Before Deployment
- Dual Allottee Arrangement – Split between spouse and tuition escrow account for children.
- Escrow in Trust – Some CBAs allow depositing three-months’ wages in escrow released only upon proof of regular remittances.
- Post-Dated Special Power of Attorney – Authorizes spouse to deal with agency/banks if allotment stops.
- Clear CBA Clauses – Negotiate penalty interest for late remittance (often 6 % p.a.).
11. Quick FAQs
| Question | Short Answer |
|---|---|
| Can I stop my husband’s deployment while the case is pending? | Yes. POEA may suspend his OEC for cause (non-support is “dereliction of parental duty”). |
| Is a text message proof enough? | Courts accept authenticated screenshots plus phone logs as secondary evidence. Better if accompanied by bank statements. |
| How much is the filing fee at POEA? | PHP 100 (single-issue allotment) refundable if settlement reached. |
| Does VAWC apply even if husband is on board a foreign-flag vessel? | Yes. VAWC is a continuing offense; acts begun abroad but producing economic abuse locally confer PH jurisdiction (Sec. 7 RA 9262). |
12. Key Takeaways
- Stopping allotment is both a contract breach and potentially a criminal act. Act promptly; the longer the delay, the harder it is to collect retroactively.
- Manning agency is your first ally—or first respondent. They can restore allotment within days if properly pressed.
- Layer your remedies. File administrative (POEA), civil (support), and criminal (VAWC) cases in parallel when warranted. They are not mutually exclusive.
- Document everything—every missed credit, every email, every call. Paper (or digital) trails win allotment cases.
(This article is for general information only and does not constitute formal legal advice. For advice on a specific case, consult a lawyer licensed in the Philippines.)