SEAFARERS’ groups and party-list group Bayan Muna yesterday asked the Supreme Court to nullify the Magna Carta of Filipino Seafarers (Republic Act 12021), saying that several of its provisions violate the 1987 Constitution and would further burden maritime workers who have been injured.
In a 16-page petition, the Concerned Seafarers of the Philippines, International Seafarers Action Center, and Bayan Muna said RA 12021 violated Article VI, Sections 26(2) and 27(1) of the 1987 Constitution.
Named as respondents were Executive Secretary Lucas Bersamin, the Senate, the House of Representatives, Department of Labor and Employment, National Labor Relations Commission, National Conciliation and Mediation Board and Department of Migrant Workers.
It was the second such petition to be filed before the SC against RA 12021.
The first was filed by senatorial candidate Sonny Matula and the Federation of Free Workers last March.
The petitioners zeroed in on Section 59 or the “Bond Provision” of the law, which requires seafarers to post a bond before they can receive compensation from the National Labor Relations Commission if the ruling is under appeal. They said that if the bond requirement is allowed to stand, it will have an adverse impact on the ability of seafarers to claim compensation and other benefits. They stressed this violates the equal protection clause, as no similar requirement is imposed on land-based workers.
“Why would seafarers, who have won their case before the NLRC (National Labor Relations Commission), have to pay a bond for them to get the compensation? What kind of magna carta is this? How can seafarers feed their families and post a bond when they are unemployed due to injuries?” Bayan Muna’s Neri Colmenares told reporters in mixed Filipino and English.
Like the Matula petition, the latest petition also questioned the use of the “Aksyon Fund” of the Department of Migrant Workers to cover the required bond, saying this diverts public funds intended for overseas Filipino workers (OFWs) to ultimately benefit foreign employers.
The Aksyon fund is being used by the DMW to pay for legal, medical, financial and other forms of assistance to OFWs, including repatriation, shipment of remains, rescue, and evacuation.
The petitioners emphasized the adverse impact of the assailed provision of RA 12021 on the more than 578,000 Filipino seafarers deployed worldwide.
Lawmakers have said the provision is meant to address the issue of “ambulance chasers,” or those who just bring cases seeking damages or compensation.
But the petitioners said it is discriminatory because it “applies only to seafarers, and not to land-based workers.
Data from the DMW showed that from 2018 to 2024, the department logged 1,035 cases of abandoned Filipino seafarers, increasing every year, with a total of 373 cases in the year 2024 alone.
The petitioners also accused Congress of abusing its discretion when it allowed the bicameral conference committee to repeatedly amend the bill after it had been approved on third reading and even after an enrolled bill had been transmitted to the President.
“The magna carta underwent three bicameral reports and was modified even after ratification. This pattern mirrors the illegal insertions we saw in the 2024 and 2025 budgets and must be stopped,” they added.
