While the Federation of Free Workers (FFW) welcome the legislative milestone of the signing of the Magna Carta of the Seafarers, “we remain concerned about the discriminatory provision under Article 59 of the said new law, which continues to impose undue burdens on seafarers.”
The FFW, along with our allies in the seafarers’ community, is currently deliberating on filing a petition challenging the provision in the Magna Carta that requires seafarers to post a bond before the execution of an award, despite a final and executory decision from the National Labor Relations Commission (NLRC) or voluntary arbitrators.
President Ferdinand R. Marcos Jr. last week signed into law the Magna Carta of Filipino Seafarers, which aims to protect the rights and overall welfare of domestic and overseas Filipino seafarers, as well as promote their full employment. Marcos signed Republic Act (RA) No. 12021, or An Act Providing for the Magna Carta of Filipino Seafarers, in the presence of legislators, Cabinet members, and other stakeholders from the maritime sector.
This provision, particularly under Article 59, imposes an undue and discriminatory burden on seafarers by mandating them to post a bond for execution if their employer has filed a petition before the Court of Appeals (CA) or Supreme Court (SC). This effectively prevents the immediate execution of a justly awarded decision, mirroring the restrictive and unjust effects of the previously proposed escrow system.
“Malakas talaga ang lobby.” The lobbying efforts of shipowners and employers are so powerful that the bicameral committee of Congress though initially decided to abandon the escrow system but opt to ultimately replace it with the equally burdensome bond requirement under Article 59. This move ensures that no execution can proceed without posting a bond, once again depriving those who have less in life of what is rightfully due to them after a prolonged and exhausting litigation process.
“This provision is social justice in reverse. The requirement of posting a bond shifts the burden to the shoulders of a seafarer or his family even after winning his case instead ‘na dapat ang employers dapat ang mag papyansa kung sila ay may-apela o petition sa CA o SC. We humbly hold that Article 59 is a problematic provision due to its discriminatory framework, as evident in both its letters and spirit. It violates the equal protection clause of the 1987 Constitution,” said FFW President Sonny Matula, who is also teaching labor and constitutional laws in law schools in Metro Manila. The union leader cited following reasons:
1. Discriminatory Application Against Seafarers: Article 59(d) and (e) require seafarers to post a bond as a condition for the execution of an award during the pendency of an appeal, a condition not imposed on non-seabased workers. This disparity creates an unequal and discriminatory treatment, leaving seafarers with less accessible and more burdensome enforcement procedures compared to their land-based counterparts.
2. Violation of the Equal Protection Clause: The 1987 Constitution mandates equal protection under the law, which requires equal treatment for all similarly situated individuals. The bond requirement for seafarers but not for non-seabased workers clearly breaches this constitutional guarantee. The provision fails the test of reasonableness and fairness, as it imposes an undue burden on seafarers without serving a legitimate government purpose.
3. Contradiction with the Nature of Voluntary Arbitration and speedy labor justice: Voluntary arbitration or the labor justice mechanism is designed to provide speedy and definitive resolutions to labor disputes. The bond requirement contradicts the immediate executory nature of voluntary arbitration decisions, delaying the delivery of justice and financial relief to seafarers who are in dire need, especially in cases of disability or death benefits.
In brief, “we say unequivocally: Article 59 is a Problematic Provision Due to Its Discriminatory Framework and Violation of the Equal Protection Clause of the 1987 Constitution.”
