THE third version of the bicameral conference committee report on the disagreeing provisions of Senate Bill No. 2221 and House Bill No. 7325, or the proposed Magna Carta for Seafarers, was approved by the Senate for the third time on July 31, 2024. The bicam report has sparked debates primarily over the contentious bond requirement for seafarers who are appealing labor decisions. This requirement, initially included in the first bicam report, was removed in the second report, and reintroduced in the third report.
Senator Pimentel criticized the multiple revisions of the report, saying that the repeated changes set a dangerous legislative precedent and undermine the process’ integrity.
Regarding the bond, Senator Hontiveros argued that it violates the constitutional guarantee of equal protection by unfairly singling out seafarer claims from other labor claims, both local and overseas. She emphasized that this requirement could penalize seafarers, undermining their rights and welfare, which the Magna Carta aims to protect.
She pointed out that the Labor Code typically imposes bond requirements on employers, not workers, which is also reflected in the NLRC Rules of Procedure. The new bond requirement for seafarers deviates from this norm.
Senator Pimentel echoed these concerns, stating that the bond creates a disparity between how foreign employers and Filipino seafarers are treated compared to local employers and workers. He argued that this would allow foreign employers to delay justice through frivolous appeals while imposing financial burdens on Filipino seafarers.
The issue of ambulance chasing was also addressed, with Senator Hontiveros clarifying her opposition to it. She stressed that while the bond provision aims to curb ambulance chasing, it should not come at the expense of seafarers’ rights. Ambulance chasing is an attempt by a lawyer or their representative to incite accident victims, immediately after an accident or injury—when they are at their most vulnerable—to seek financial claims from the person or company responsible for it.
Senator Hontiveros also questioned the appropriateness of using the AKSYON Fund, established in the Department of Migrant Workers to assist OFWs with various forms of aid, for posting bonds, arguing that public funds should not be used to reimburse private entities.
Senator Villanueva agreed, saying that this could raise constitutional concerns about using public funds for private purposes. While he ultimately voted for the ratification of the report, he did so with reservations, acknowledging potential constitutional issues and the broader impact on the maritime industry, but noting that having a Magna Carta was better than none at all.
