Postscript to the Supreme Court decision for OFWs

The column we wrote under this by-line, entitled GOOD NEWS FOR OFWS, BAD NEWS FOR RECRUITERS went viral a few days ago. So many OFWs all over the world, from Dubai to London, from Tasmania to Italy, and from Vancouver to Luxembourg, have profusely expressed their appreciation of the Supreme Court decision, while some sectors who were adversely affected by the ruling have, as expected, criticized the tenor of our brief dissertation. Well, that was nothing but a factual and objective commentary on the High Tribunal's latest decision in favor of the Filipino migrant workers, who are declared living heroes by the whole country, remitting US $24 billion every year.

We refer to the decision in GR 170139 promulgated on August 5, 2014, whereby the Supreme Court, en banc declared as unconstitutional that provision in RA 10022 which limited to three months the back wages that all illegally dismissed OFWs should receive as their rightful and legal remedy under the law. The Court also bewailed the act of Congress in reinstating into RA 10022, what the Court en banc, has earlier annulled in 2009, in the case of Serrano Vs Gallant Maritime Services Inc). Justice Leonen wrote:" No branch or office of the government may exercise its power in any manner inconsistent with the Constitution x x x". Quite a mouthful rebuff by the judiciary against the legislature.

One thing very important about the ruling is when the Court upheld the principle of  ''LEX LOCI CONTRACTUS'', which means it is the law of the Philippines, and not the law of Taiwan, where the OFW was working, that should prevail in deciding the case because it is the law of the country where the contract was entered into by the recruitment agency and the OFW. This is a major victory for our migrant workers because some recruitment agencies would peremptorily dismiss an OFW's complaint on the pretext that our laws have no effect when Filipinos work in other countries. From now on, the OFWs have the upper hand.

Another draconian implication of this landmark ruling is that Philippine recruiters are left holding the bag, meaning they will end up paying millions of back wages to many victims foreign employers' act of illegally dismissed OFWs. If, for instance an employer in Kuwait, or in Kuala Lumpur. or  Taichung, Taiwan, would terminate the employment of Filipinos, without just cause and without due-process, it will be the Philippine-based recruitment agency that has to pay. This is a big blow to the recruiters and it's a very, very big victory for the working class, especially the migrants. We are sad for the recruiters but I'm in favor of this verdict.

As a former DOLE Undersecretary and Labor Attache, I'm happy with this ruling. First, the Court stressed that OWs enjoy the right of security of tenure. Our Constitution and the Labor Code apply to them wherever they are. The recruiters have the burden of proving that the dismissal of OFWs was with just cause and with due process. The foreign employers' violations of our labor laws would result to a liability which the recruiters here have to pay. It is only right that OFWs all over the world are raving at this ruling, while the recruiters are ranting and grinding their teeth. But it is the highest court of the land speaking. We cannot fight the wind. We can only adjust our sails.