SC junks appeal to declare Migrant Workers Act unconstitutional

MANILA -- The constitutionality of the law protecting the welfare of millions of overseas Filipino workers (OFWs) has been recently affirmed by the Supreme Court.

Penned by Associate Justice Roberto Abad, the Court said the government failed to raise arguments that would merit the granting of its partial motion for reconsideration.

Last November 13, the justices said they did not see any irregularity in the crafting of Sections 6, 7, 9, and the last sentence of the second paragraph of Section 10 of the Migrant Workers and Overseas Filipinos Act of 1995 (Republic Act 8042).

Section 6 defines the crime of "illegal recruitment" and enumerates the acts constituting the same.

Section 7 provides the penalties for prohibited acts while Section 9 allows the filing of criminal actions arising from "illegal recruitment" before the Regional Trial Court of the province or city where the offense was committed or where the offended party actually resides at the time of the commission of the offense.

The last sentence of the second paragraph of Section 10, on the other hand, holds the corporate directors, officers, and partners of recruitment and placement agencies jointly and solidarily liable for money claims and damages that may be adjudged against the latter agencies.

Among others, the Court found the acts listed under "illegal recruitment" as clear although the liability of corporate directors and officers engaged in such activity is not automatic.

"To make them jointly and solidarily liable with their company, there must be a finding that they were remiss in directing the affairs of that company," the decision stated. (Virgil Lopez/Sunnex)