SC petitioners question law on rights of Pinoy seafarers
Three seafarers and labor lawyer Sonny Matula challenged in the Supreme Court (SC) on Thursday the legality of at least two provisions in the Magna Carta for Filipino Seafarers, or Republic Act No. 12021.
In a petition for certiorari and prohibition, Matula and seafarers Joy Martinez, Julius Claramon and Arnaldo Borromeo said the law’s Section 59, requiring seafarers to post a bond before they can claim labor awards if their employers appeal the case to the Court of Appeals or Supreme Court, was unconstitutional.
They argued that the bond requirement “serves no legitimate purpose other than to delay the delivery of justice to seafarers who have already endured long and costly legal battles.”
The petitioners also challenged Section 60, which imposes rules on legal representation and fees in seafarers’ cases, claiming it infringes on the high court’s exclusive authority to regulate the legal profession.
Named as respondents were Executive Secretary Lucas Bersamin, Migrant Workers Secretary Hans Leo Cacdac, Labor Secretary Bienvenido Laguesma, National Labor Relations Commission (NLRC) Chairperson Grace Maniquiz-Tan, National Conciliation and Mediation Board (NCMB) Executive Director Maria Teresita Lacsamana-Cancio, Senate President Francis Escudero and Speaker Martin Romualdez.
Added burden
The petitioners argued that Section 59 unfairly burdens them by requiring a bond for the execution of labor awards when employers elevate the case to the appellate courts—even after a final and executory decision from the NLRC or the NCMB.
“The provision effectively delays the enforcement of awards in favor of seafarers, unfairly burdening them and their families and contradicts the very principles of social justice that the law purports to uphold,” they said.
The petitioners also questioned the constitutionality of using the Department of Migrant Workers’ AKSYON Fund to provide financial assistance to seafarers, arguing that this circumvents the obligation of employers or shipowners to compensate seafarers for work-related injuries.
“This would be equivalent to using public funds for private purposes,” they said.
