Senate ratifies Magna of Filipino Seafarers for the 3rd time

VOTING AGAINST Only Senators Koko Pimentel and Risa Hontiveros voted against the ratification of the measure during the chamber’s Wednesday plenary session —Joseph Vidal/Senate PRIB

MANILA, Philippines — For the third time, the Senate ratified the bicameral conference committee report on the Magna Carta of Filipino Seafarers.

Only the chamber’s two-man minority block—composed of Senators Koko Pimentel and Risa Hontiveros—voted against the ratification of the measure during the chamber’s Wednesday plenary session.

For his part, Pimentel said he voted no to the ratification of the Magna Carta of Filipino Seafarers due to “serious misgivings” that he has about the procedure taken in reaching the aforementioned report.

“The bicameral conference was conducted and terminated three times resulting in basically three different reports. This should not be a precedent,” said Pimentel.

READ: Magna Carta of Seafarers pushed amid maritime threats

Section 59

“On substance, I cannot agree to the insertion of a new Section 59. Execution of Judgment and Monetary Awards. The insertion seeks to treat foreign employers of Filipino seafarers more favorably than our law treats local employers of Filipino workers,” he emphasized.

Should this passage be inserted, Pimentel warned that adverse decisions against foreign employers of Filipino seafarers will no longer be immediately executory, while local employers of Filipino workers are.

He specifically noted that the insertion seeks to treat Filipino seafarers less favorably than other Filipino workers.

“In the newly inserted Section 59, a bond must be posted by the seafarers before a writ of execution is issued in their favor. If we approve this requirement of posting a bond, decisions in favor of Filipino seafarers cannot be executed until the foreign employer has exhausted all his appeals up to the Supreme Court,” said Pimentel.

“This is clearly discriminatory if not unjust to our seafarers who file for 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 emphasized.

Hontiveros, meanwhile, said she will continue to stand up and oppose the placement of a bond provision in the proposed Magna Carta.

Controversial provision

“I am 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,” she said.

“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 added.

In the end, Hontiveros pointed out that the Magna Carta should be expanded and enhanced and not limited to the rights of seafarers.

“The Magna Carta is for Filipino seafarers, and it is our duty as elected and entrusted by the people to make a law to make sure that we are with them. We are called upon to be diligent in our time-honored duty to protect labor rights,” she said.

Sen. Joel Villaueva also expressed strong reservations about the bicameral conference committee report despite being supportive of the measure.

“This has been the third time, if I’m not mistaken because twice I was a member of the bicameral conference committee. This is the third one. I have to say I was surprised although 90-95 percent of the bill is OK. I’m just surprised because we know that this bill aims to protect more than 580,000 Filipino mariners in different parts of the world or what we call new heroes. I was just surprised when this bond came in. So my only question is, did this idea come from the Senate or the House? Because I don’t remember the Senate tackling this or approving this particular provision?” said Villanueva.

Prior ratification, Sen. Raffy Tulfo, chairperson of the Senate panel on migrant workers, said the conferees agreed to adopt the reconsidered bill on the matter as the working draft and repolished and adjusted the language of the bill for clarity.