Bayan Muna on Tuesday, May 6, asked the Supreme Court to declare Section 59 of the Magna Carta for Filipino Seafarers (MCFS) unconstitutional and void.
In a petition for certiorari and prohibition filed before the high court, Bayan Muna chairperson Atty. Neri Colmenares challenged Republic Act No. 12021, which President Ferdinand Marcos Jr. signed into law in September 2024.
Bayan Muna chairman Atty. Neri Colmenares filed a petition for certiorari and prohibition with the Supreme Court, seeking to stop the implementation of Republic Act No. 12021.
“We questioned the law for practically lowering the amount of compensation for injuries suffered by seafarers and by requiring seafarers to post a bond in order to access compensation already awarded to them by the National Labor Relations Commission (NLRC),” said Colmenares.
“Nanalo na nga ang seafarer sa NLRC kailangan pa nila mag bayad ng piyansa para lang makuha ang napanalunang kompensasyon. Anong klaseng Magna Carta ito? How can seafarers feed their families and post a bond when they are unemployed due to injuries?” he added.
Bayan Muna also questioned the provision that allows the use of the Aksyon Fund—allocated to the Department of Migrant Workers (DMW) through the General Appropriations Act for Overseas Filipino Workers (OFWs)—to cover the seafarers’ bond.
Colmenares argued that this violates the Constitution, which mandates that public funds be used for public purposes.
“[T]he bond will ultimately benefit foreign ship owners or employers and not the seafarers. Further, this will take away much needed funds from our OFWs. Kaya wala naman talagang benepisyo ang paggamit ng Aksyon Fund kasi kukunin din lang yon sa pondo na para sa OFWs” he said.
The petition also urged the incoming Congress, following the 2025 elections, to amend the law and remove what the group described as unjust provisions in the MCFS.
“The battle for seafarers rights must not only be waged in the courts but also in Congress,” said Colmenares.
