MANILA, Philippines – A labor rights group and several seafarers brought contentious provisions of the Magna Carta of Filipino Seafarers to the Supreme Court (SC) on Thursday, March 20, seeking to have these declared as unconstitutional.
Federation of Free Workers president and lawyer Sonny Matula, together with seafarers Joy Martinez, Julius Claramon, and Arnaldo Borromeo, filed a petition for certiorari seeking to declare Section 59, or the provision on execution bonds, unconstitutional for being “discriminatory and violative” of the Constitution’s equal protection clause. The petitioners also claim that it is contrary to the principle of speedy justice.
Section 59 was one of the main reasons why progressive migrant and seafarer rights groups tried to block the passage of the Magna Carta, since it requires seafarers who initially win in disputes to post a bond as their shipowner or manning agency appeals the decision.
This provision largely affects disputes involving injuries and disabilities. Their only chance for reimbursement of the bond is if they ultimately win their case, but if the decision is overturned, there would be no reimbursement.
“This is not imposed on land-based workers nor our local workers — only to seafarers. This is why we believe that this violates Section 1, Article III of the Constitution that no person shall be deprived of life, liberty, and property without due process of law, neither shall any person be denied the equal protection of the law. We believe that seafarers’ right to equal protection is being stepped on,” Matula said in a mix of English and Filipino.
Matula, who is also running for the Senate, said that the provision brings about “negative social justice.” Before the Magna Carta was enacted in September 2024, awards had been immediately executory when seafarers won their Department of Labor and Employment-mediated disputes.
The petition also questions Section 60 of the law, which regulates contracts between seafarers and their lawyers. The petitioners said this “usurps the powers of the Supreme Court to promulgate rules concerning the practice of law.”
The workers asked the SC to issue a temporary restraining order against the two sections and their implementing rules until the case is resolved.
Petitioner Borromeo, who used to work as a chef on a cruise ship, was present during the filing at the SC on Thursday. He claims he was illegally dismissed when he was not allowed to return to work after filing for compassionate leave to see his mother who had died.
“Kaya po kami narito, nag-file po kami ng case sa Magna Carta para protektahan po ang manggagawang marino sa buong mundo, lalo na ang mga Pilipino po. Kaya sana po ito ay pahintulutan ng Korte Suprema at manalo po ang aming petisyon,” said Borromeo.
(We are here, filing a case questioning the Magna Carta to protect seafarers around the world, especially Filipinos. We hope the Supreme Court will act in our favor and grant our petition.) – Rappler.com
