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Seamans wife allotment

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1 Seamans wife allotment on Sat Jun 15, 2013 4:04 am


Arresto Menor
Hello poh good day po.
I really need your advice poh regarding my brother. He is a seaman married but currently on the process of annulment and been living separately for 1year even if he's here in the philippines. The problem is about allotment , his wife has been so rude to our family and dont even respect my mother she is living in their house which was bought my my brother. She dint even let us enter their premises, now my brother want to lessen or even cut off the allotment for her. But hes worried if he will be sued. It is stated in the POEA that
"the allotment should be at least 80% of the basic salary." Currently her allotment is 80% (P 35,000 more or less a month) for her, while my mother is only alloted (P 8,000 a month) they have no children and his wife have a stable job with high salary, but she really wants all the money to provide her family and her boyfriend. Its been a year since they file an annulment and recently my mother go to their house and ask her to wave her allotment. But she shouted at my mother and take her out of their house. My brother want to less her allotment to even 10,000 monthly, and the rest of the 80% will be for my mother, can she sue him for not giving her the full 80% of the allotment? Please help us. Thank you.

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2 Re: Seamans wife allotment on Sat Jun 15, 2013 4:07 am


Arresto Menor
Additional "can his wife demand a certain amount for her allotment?" Please help.

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3 Re: Seamans wife allotment on Sun Jul 28, 2013 2:20 am


Arresto Menor
A wife of a contract worker cannot force the agency to remit to her account more than what is allowed by the worker. What is required by law is to implement and enforce the required inward remittance of the workers’ salaries to the Philippines and not to see whether or not the full amount of the remittance is received by the dependents of its workers. The mandatory remittance required by law does not divest the right of an overseas worker over his hard earned money or earnings. A worker earned salary or wage is his exclusive property; the matter of its disposition is his alone and his employer cannot interfere on how salary should be divided and to whom the salary should go. The employment contract is the bilateral agreement between the seafarer and his principal, as represented by the manning agency Like any personal property he can freely dispose or give to anybody without other limitations than those provided by law. The law requires the inward remittance of the 80 % of his basic salary to the country, for it contribute to the economy. But not the manner or as to how he will divide nor dispose it. His right to dispose his wage remains in his discretion.

One legal recourse of the wife is the filing of a civil case for support. Once the court grants the petition, the said court order should be given to the manning agency and attached to each POEA standard employment contract. This will serve as a notice to the seafarer that failure to comply will have legal consequence. The manning agency is likewise bound to abide by said order for the allocation in favor of the wife.

Nevertheless, a Filipino seafarer can be held criminally liable and be subjected to sanctions due to the act of abandoning his financial obligation to persons to which he is obliged by law to support. Under the Anti-Violence Against Women and Their Children Act , which was promulgated March 08, 2004, “economic abuse” can be committed against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode.”
Popularly known as VAW, the said law defined "Economic abuse" as any act that makes or attempts to make a woman financially dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in
2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;
If convicted under this law, the seafarer shall be punished by prision mayor, or imprisonment of a minimum of six years and one day to a maximum of twelve years. He shall also shall pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00). The court may likewise expedite the process of issuance of a hold departure order once the case is filed.

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