The Supreme Court (SC) declared as unconstitutional a provision in the 2018 Social Security System (SSS) Act that required overseas Filipino workers (OFWs) to pay their SSS contributions in advance before leaving the country.
In a 40-page decision released Tuesday, the SC on the bench said this condition, which was found in the implementing rules and regulations of Republic Act (RA) 11199 goes against Article III, Sections 1 and 6, of the 1987 Constitution.
RA 11199, also known as the Social Security Act, was signed into law by former president Rodrigo Duterte.
It mandates all land-based OFWs to enroll as self-employed SSS members, shoulder the employer’s share of contributions, and pay three months’ worth of SSS contributions in advance before securing their Overseas Employment Contracts (OEC).
The SC sided with a 2019 petition filed by Migrante International and Bayan Muna, agreeing that the provision infringes on the constitutional right to travel.
“To enforce compulsory coverage of land-based OFWs through the issuance of OEC is unduly oppressive, unreasonable, and repugnant to the Constitution,” according to the SC.
“It undermines the mandate of the Constitution to protect the rights of overseas workers and promote their welfare,” it added.
The Court also noted that requiring advance payment of SSS contributions as a prerequisite for obtaining an OEC effectively denies OFWs their right to travel and, consequently, their livelihood.
The SC has permanently barred the SSS, the Philippine Overseas Employment Administration (POEA), and the Department of Labor and Employment (DOLE) from implementing the provision.