The Concerned Seafarers of the Philippines (CSP) and International Seafarers Action Center (ISAC), backed by Bayan Muna, asked the Supreme Court yesterday, May 6, to declare unconstitutional Section 59 of the Republic Act 12021 or the Magna Carta of Filipino Seafarers (MCFS), which aims to crack down on ambulance chasers who prey on seafarers and discourage shipowners from hiring Filipino seafarers.

Counsel for the petitioners Atty. Neri Colmenares filed the petition challenging Section 59 of the law, which requires seafarers to post a bond in order to receive the full amount of compensation awarded to them by the NLRC arbiters or NCMB arbitrators.

The specific provision states that, “Pending an appeal or judicial review, a writ of execution on items any disputed amount determined to be legally due the seafarer, and the damages, including moral damages, exemplary damages, nominal damages, attorney’s fees and other similar awards shall only be issued if the judgment obligee posts a sufficient bond to ensure the full restitution of those amounts and the bond shall be maintained by the obligee until final resolution of the appeal or judicial review: Provided, That in the event the seafarer ultimately prevails on appeal or judicial review, the losing party shall immediately reimburse the total amount paid by the seafarer for the cost of the bond. However, if the seafarer loses, no such reimbursement shall be made.

“Under our current laws, compensation won by land-based workers in the Philippines are immediately accessible to the workers if they won their case in the DOLE and NLRC. Why the different treatment to sea-based workers like seafarers?,” Colmenares asked.

The petition also questioned the MCFS provision in Section 59 that uses the Aksyon Fund allocated to Department of Migrant Workers (DMW) in the GAA for OFWs, to pay the seafarers’ bond.

“The use of DMW Aksyon Fund violates the constitutional provision that public fund should be used for public purposes as the bond will ultimately benefit foreign ship owners or employers and not the seafarers. Further, this will take away much needed funds from our OFWs. Kaya wala naman talagang benepisyo ang paggamit ng Aksyon Fund kasi kukunin din lang yon sa pondo na para sa OFWs” Colmenares argued.

According to the MCFS “The DMW, through the Agarang Kalinga at Saklolo Para sa mga OFW na Nangangailangan (AKSYON Fund), may provide financial assistance to the seafarer depending on the final determination of maritime disability grading under Section 57 of this Act for the payment of premiums of the bond either in full or in part. Pertinent guidelines for assistance in the payment of premiums, including the availment process, amount, or length of validity shall be issued by DMW, after consultation with stakeholders, including the DOLE, NLRC, seafarers unions, manning agencies, shipowners, or their representatives.”