Marcos urged to veto 'watered-down' version of Magna Carta for Seafarers bill

Marcos urged to veto 'watered-down' version of Magna Carta for Seafarers bill
Zen Hernandez, Aug 19, 2024 https://news.abs-cbn.com/news/2024/8/19/marcos-jr-urged-to-veto-watered-...

MANILA — President Ferdinand Marcos, Jr. is being urged to veto the bill on Magna Carta for Filipino Seafarers, as Gabriela Rep. Arlene Brosas said the current version of the measure has been "watered down."

“Despite aiming to protect seafarers, yung Magna Carta of Seafarers ay winater-down. Maraming nawala dun sa mga provisions natin, kinompromise yung rights at saka interests nung mga seafarers natin…Ngayon ang kailangan pong magawa ay pigilan ang Presidente na pirmahan yung ganito,” Brosas said during a seafarers’ forum in Manila on Monday.

The Magna Carta for Filipino Seafarers has now undergone multiple revisions due to contentious escrow and bond provisions for seafarers’ monetary claims in relation to accidents or disability in the line of duty.

The measure was first endorsed for the President’s signature in December 2023, but was recalled by the Senate.

The escrow provision was removed and the bond requirement retained in the version submitted to the President later on, but it was sent back to Congress for a review without the President’s signature last March.

The bicameral conference committee then removed the bond provision in May. This was lauded by some lawmakers and seafarer groups.

However, the controversial provision was reinstated during a third ratification in June, drawing criticism from stakeholders.

OPPOSITION

The said provision requires a seafarer seeking monetary claims to post a bond, should a manning agency decide to appeal a decision by the National Conciliation and Mediation Board (NCMB) or the National Labor Relations Commission (NLRC level), before a higher court.

“Mahirap ka na nga, mahirap ka pa makakuha ng hustisya, ganun yung itsura. However, if the seafarer loses, no money will be returned…parang ang ine-insurance mo ay yung gumawa ng damage,” Brosas explained.

But the international shipping industry argued that the said provision is necessary to combat “ambulance chasing,” a practice by lawyers or law firms who use workers or seafarers that suffered from accidents or injuries at work to extract money from manning agencies while depriving the victims of the compensation that they deserve.

But maritime law experts argued that ambulance chasing is a problem that must be addressed separately.

“Huwag mong apakan yung rights ng seafarers kasi lumalabas nito in order to address ambulance chasing you have to penalize the seafarers… Kasuhan mo yung practitioners para mabawasan yung mga ambulance chasers. Do not penalize the seafarers, lalo na yung may mga sakit," said Dennis Gurecho, a maritime lawyer of the Sapalo and Bundang Law Offices.

"On the average, 7.5 years ang isang case. By the time na umabot yan ng Supreme Court, madalas yan either sobrang hina na ng seafarer or patay na yan,” he added.

Brosas meanwhile proposed providing free legal assistance to seafarers with monetary claims.

She also pointed out that making the settlement of claims easier will also serve as a deterrent for the unethical practice.

“Kaya sila naghahanap ng mga abogado kasi hindi nila makuha yung kailangan nila. Just imagine hindi sila maka-claim agad ng kung anong mga karapatan nila na makuha nila. So dapat automatic na bayaran yung mga seafarers natin na nagkaka-problema,” Brosas said.

Gabriela along with other lawmakers from the Makabayan bloc in the House of Representatives are also planning to refile the original version of their proposed Magna Carta for Filipino Seafarers bill.

The bill also aims to cover fishers and domestic seafarers, and guarantee the security of tenure of seafarers who have worked for at least a year under one company.