DMW-ADVISORY-24-2025 — APPLICATIONS FOR THIRD DOCTOR SELECTION AND APPOINTMENT UNDER REPUBLIC ACT NO. 12021, OTHERWISE KNOWN AS THE 'MAGNA CARTA OF FILIPINO SEAFARERS,' AND ITS IMPLEMENTING RULES AND REGULATIONS

Republic of the Philippines Mepartment of Aliarant Morkers Blas F. Ople Building, Ortigas Avenue cor. EDSA, Mandaluyong City 1550 Website: 221155.88221159,8724366 BAGONC PILIPINAS

ADVISORY NO.2 4

Series of 2025

APPLICATIONS FOR THIRD DOCTOR SELECTION AND APPOINTMENT UNDER REPUBLIC ACT NO.12021,OTHERWISE KNOWN AS THE MAGNA CARTA OF FILIPINO SEAFARERS," AND ITS IMPLEMENTING RULES AND REGULATIONS

hereby informed of the following: Regulations (IRR) of Republic Act No. 12021 or the Magna Carta for Filipino Seafarers (Magna Carta), and to address the numerous queries from maritime industry stakeholders regarding the selection and appointment of a third doctor, the public is In view of the recent issuance and effectivity of the Implementing Rules and

Section 5, Rule XI of the IRR provides for the process of the selection and appointment of a third doctor in case of different or contrary medical findings in the determination of disability grading or fitness to work, thus:

Section 5. Determination of Disability Grading or Fitness to Work

between the date of commencing duty and the date upon which they When the seafarer suffers work-related injury or illness occurring

are deemed duly repatriated, or arising from their employment between those dates and still requires medical attention upon repatriation, the seafarer must undergo a post-employment medical examination by a company-designated physician for treatment until the seafarer is declared fit to work or assessed disability grading.

A seafarer who disagrees with the company-designated physician's final assessment may seek its re-evaluation by a physician of choice who specializes in the illness or injury. If the seafarer's doctor issues a disability grading that is different or contrary to the medical findings of the company-designated physician, the seafarer must file, within thirty (30) days from receipt of the findings of the seafarer's doctor, a to a third doctor. The third doctor shall be mutually selected by the written request with the DMW to refer the conflicting medical grading

employer and seafarer from a pool of DOH-accredited medical specialists relevant to the injury or illness of the seafarer. The third doctor should be duly trained in the determination of maritime disability grading. In case there is no agreement between the parties on the appointment of third doctor from the pool of DOH- accredited third doctors, the DMw shall facilitate the appointment of the third doctor from the same pool.

Noting the urgency of the full implementation of this IRR, the DMW and the DOH, in consultation with relevant stakeholders, within a reasonable period of time, shall develop joint guidelines for the implementation of this section, including the selection, training,

DEPARTMENT OF MIGRANT WORKERS General Services Divisior Administrative Servic

Date:July 11,2025 RECEIVED By:RICHIE M.GUEVARRA Time: 03:15 P.M CONTROLLED AND DISSEMINATED By: DMW General Services Division 0n July 11, 2025

maintenance, and review of the pool of accredited third doctors. (Emphasis supplied)

In relation thereto, Section 1, Rule XXIl of the IRR provides for a transitory provision, to wit:

forth in the Presidential Decree 442, as amended, otherwise known as "Labor Code of the Philippines", and Republic Act No. 8042, as All rights, privileges, and benefits previously enjoyed by Filipino seafarers before the effectivity of RA No. 12021, including those set amended, shall continue to be recognized and shall not be diminished after the effectivity of RA No. 12021.

of a pool of DOH-accredited medical specialists, existing laws, In compliance with Rule XI Section 5 (Determination of Disability Grading or Fitness to Work) of this IRR, pending the establishment regulations and jurisprudence in the designation of a third doctor shall apply. (Emphasis supplied)

The DMW and the DOH, in consultation with relevant stakeholders, are thus. mandated to develop joint guidelines for the implementation of the foregoing Section 5, Rule XI of the IRR. In compliance with the said provisions, the DMW and the DOH are currently developing the joint guidelines for the implementation of Section 5, Rule XI of the IRR

implementation of Section 5, Rule XI, existing laws, rules and regulations concerning the appointment of the third doctor shall continue to be observed. Thus, pending the issuance of the DMW-DOH Joint Guidelines for the

For the information and guidance of all concerned

HANS LEO J. CACDAC

Secretary

Date: JUL 1 0 2025

CONTROLLED AND DISSEMINATED Page

By:DMW General Services Division on July 11, 2025 D