Senate ratifies Magna Carta for Seafarers for third time

The Senate on Wednesday ratified the bicameral conference committee report on the Magna Carta for Seafarers despite objections from two senators.

Senate Minority Leader Aquilino "Koko" Pimentel III and Senator Risa Hontiveros voted against the ratification of the proposed law.

Before the ratification of the magna carta for seafarers, Pimentel questioned the "strange" legislative process of the measure as the bicameral conference committee had already convened thrice and produced a harmonized bill three times.

"This is not the usual procedure. This is a very unusual and strange procedure, Mr. President," Pimentel said.

The first bicameral conference report on the measure was already submitted to the president for approval, but Congress asked for the withdrawal of the enrolled bill in February.

The bicameral conference committee reconvened in May to produce another report and the harmonized version was ratified again by the Senate, but it was not submitted to Malacañang as the Senate reconsidered the ratification of the measure.

According to Senator Raffy Tulfo, the contentious issue that resulted in this situation was the provision on the execution bond.

The said provision was proposed by the House of Representatives, Senator Joel Villanueva said as confirmed by Tulfo, the co-chairman of the bicameral panel.

"It did not come from this august chamber, from the senators. I’d like to also put on record and caution a warning because somehow we are now treating differently and unfairly yung other types of workers who are not sea-based," Villanueva said.

Villanueva also warned that the provision on execution bond might face legal issues before the Supreme Court.

Another concern that he raised was the provision on the possible use of the AKSYON fund or the emergency fund of the Department of Migrant Workers (DMW).

"I will agree that the funds being used by DMW will not be touched or be used in this particular case. Kasi po bond po ito ng seafarer hindi po ng buong OFW. Again, taxpayers money po ito. If you're using public funds, eh mag-iinvite po ito ng mga kaso dun sa mga implementing agency," he said.

While expressing his reservations, Villanueva voted for the ratification of the measure "with a heavy heart."

In explaining his "no" vote, Pimentel said he has "serious misgivings' about the conduct of three bicameral conference committee meetings which he said resulted in three different reports.

"This should not be a precedent," the minority leader said.

Pimentel also opposed the inclusion of a provision on execution bond, saying that if the requirement of posting a bond is approved, decisions of Filipino seafarers cannot be executed until the foreign employer has exhausted all his appeals up to the Supreme Court.

"This is clearly discriminatory if not unjust to our seafarers who file monetary claims because of financial distress. Let us all be reminded that the Magna Carta of Filipino Seafarers is meant to protect the seafarers," he said.

"The painful truth is this bill does not give Filipino seafarers any additional rights or benefits that they do not already enjoy by way of international agreements. On the contrary, this particular insertion even takes away a benefit that they already now enjoy. For these reasons, when the time comes, this representation would have to vote no," he added.

Hontiveros, before voting against the measure, said that she is dismayed by the fact that the bicameral conference was reconvened to return the controversial provision that will mandate the payment of a bond before the monetary benefits arising from disability are released.

"Dahil sa paurong sulong sa bicam, binigyan lang natin ang ating mga seafarers ng hindi patas na laban dahil sa napakaraming paglabag sa polisya at batas, hindi lamang sa ating Konstitusyon, kundi pati narin sa Philippine Labor Code, Maritime Labour Convention of 2006 also known as the Seafarers’ Bill of Rights and the fourth pillar of the international maritime law," she said.

Hontiveros also warned that the measure might violate the constitutional guarantee on equal protection which she said means that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibility imposed.

"The posting of a bond singles out seafarer claims from other labor claims, both local and overseas. Masyado namang na-agrabyado ang mga seafarers dito. They will be penalized by the bond that also downplays their rights guaranteed in the Constitution instead of protecting their rights and promoting their welfare," she said.

Hontiveros also echoed Villanueva's warning on using DMW's AKSYON fund, adding that public funds should not be used to help shipowners and manning agencies by posting a bond.

"Tila mas maraming nabuksang problema ito kaysa bigyang solusyon ang mahahalagang problema sa maritime industry. Ang Magna Carta ay dapat palawakin, pagandahin at hindi para limitahan ang mga karapatan ng mga seafarers," she said. —LDF, GMA Integrated News