Coalition petitions to stop Magna Carta for Filipino Seafarers

A coalition of seafarers’ groups together with party-list group Bayan Muna on Tuesday asked the Supreme Court (SC) to stop the implementation of Republic Act No. 12021 or the Magna Carta for Filipino Seafarers and its implementing rules and regulations (IRR) for violating the Constitution. Photo from Bayan Muna

MANILA, Philippines — A coalition of seafarers’ groups together with party-list group Bayan Muna on Tuesday asked the Supreme Court (SC) to stop the implementation of Republic Act No. 12021 or the Magna Carta for  Filipino Seafarers and its implementing rules and regulations (IRR) which was signed into law by President Ferdinand Marcos Jr., last year.

Petitioners led by the Concerned Seafarers of the Philippines (CSP), International Seafarers Action Center (ISAC), and Bayan Muna Chairperson Neri Colmenares want the SC to nullify provisions of the law which they said is contrary to the Constitution.

“We questioned the law for practically lowering the amount of compensation for injuries suffered by seafarers and by requiring seafarers to post a bond in order to access compensation already awarded to them by the NLRC,” Bayan Muna Chairperson Neri Colmenares told reporters.

Petitioners pointed out Section 59 of the law states that: “Pending an appeal or judicial review, a writ of execution on items (d) and/or (e) 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.”

READ: Magna Carta of Seafarers IRR signed

They added that Section 59 of the Magna Carta violates the equal protection clause of the Constitution and the mandate that appropriation can only be made for a public purpose.

`Equal protection clause’

The petitioners named Executive Secretary Lucas Bersamin, the Senate of the Philippines, the House of Representatives, Department of Labor and Employment (DOLE), National Labor Relations Commission NLRC), National Conciliation and Mediation Board (NCMB)  and Department of Migrant Workers (DMW).

Equal protection clause

“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? We petitioned the Court to declare Sec. 59 void for violating the equal protection clause under Article III Sec. 1 of the Constitution,” he said.

Petitioners added that: “We are afraid that the unequal provisions of the Magna Carta law will also be imposed on all land-based workers soon. We support this issue because it can be implemented to workers in factories who won’t be able to get the immediate compensation from the NLRC.  That is why we ask workers all over the country to also support the battle of our seafarers against the unjust provisions of the MCFS as it could also be imposed on them soon.”

READ: Magna Carta of Seafarers boosts PH sailors’ jobs, protection – Speaker

The Petition also questioned the procedure in the law’s passage for violating Article VI Sec. 26 (2), which provides for the legislative process in the passage of the law.

“The Magna Carta is the acme of the intervention of the Bicameral Conference Committee (BCC) in amending bills duly approved on Third Reading by the Senate and the House by inserting new items in the bill. The MCFS underwent three Bicam Reports as it was amended several times after the bill was approved by Congress, and the previous Bicam Report has been ratified by both Houses. In fact, the enrolled bill was already submitted to Pres. Marcos for signature but the Bicam committee asked for its return so they can amend it further.  The powers of the Bicam have been questioned in its insertions in the 2024 Unprogrammed Appropriation in the PhilHealth case, in the 2025 GAA insertions and even in the MCFS.  The seafarers ask the Court to disallow this practice as it practically allows the Bicam Committee to craft its own law usurping the constitutional powers of Congress to pass legislation,” said Colmenares.

The petitioners questioned using the Department of Migrant Workers’ (DMW) Aksyon Fund to cover the required bond by claiming this diverts public funds intended for overseas Filipino workers to benefit foreign employers ultimately.

“This violates the constitutional mandate that public funds must be used for public purposes,” he said.

A similar petition was earlier filed by labor leader and senatorial candidate lawyer Sonny Matula before the SC.

The Court has yet to act on the said petition.