The leadership of the House of Representatives, led by Speaker Gloria Macapagal Arroyo, has granted overseas Filipino workers the right to equal protection on money claims in case their employment abroad has been terminated.
House Bill 1700, authored by Party-List Reps. Tomasito Villarin of Akbayan and Jesulito Manalo of Angkla, amends the fifth paragraph of Section 10 of Republic Act 8042, as amended by RA 10022, otherwise known as “Migrant Workers and Overseas Filipinos Act of 1995,” as amended.
The bill proposes to repeal the clause “or for three months for every year of the unexpired term whichever is less” under Paragraph 5 of Section 10 of RA 8042, as amended.
The bill intends to give OFWs “full reimbursement of their placement fee and deduction made with interest at 12 percent per annum, plus his salaries for the unexpired portion of his employment contract.”
The Supreme Court in 2009 already declared as unconstitutional the clause “or for three months for every year of the unexpired term whichever is less” as it violates equal protection afforded by the Constitution.
An OFW who has been laid off from work for unreasonable causes shall also be entitled to receive his compensation for the unexpired portion of his employment contract.
Citing the case of Antonio M. Serrano vs. Gallant Maritime Services, Inc. G.R. 167614 dated March 24, 2009, Villarin said the Supreme Court found the phrase unconstitutional because “in the computation of the monetary benefits of fixed-term employees who are legally discharged, it imposes a three-month cap on the claim of OFWs with an unexpired portion of one year or more in their contracts, but none on the claims of other OFWs or local workers with fixed term employment.”
The aforementioned provision in the law singles out one classification of OFWs and burdens it with a peculiar disadvantage, the Supreme Court stated.
Thus, the subject clause in the fifth paragraph of Section 10 of RA 8042 is violative of the right of the petitioner and other OFWs to equal protection.
During the 16th Congress, Akbayan Party-list lawmakers filed the proposal as House Bill 3871. The current version adopted the text based on House Bill 5988 which was passed on third and final reading during the 16th Congress.