G.R. Nos. 182978-79
12 of 19
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/182978-79.htm
[22]
Filipinos Act of 1995,
the State shall, at all times, uphold the dignity of its citizens whether
[23]
in country or overseas, in general, and Filipino migrant workers, in particular.
The State
shall provide adequate and timely social, economic and legal services to Filipino migrant
[24]
[25]
The rights and interest of distressed
overseas Filipinos, in general, and
workers.
Filipino migrant workers, in particular, documented or undocumented, are adequately protected
[26]
and safeguarded.
Becmen and White Falcon, as licensed local recruitment agencies, miserably failed to
abide by the provisions of R.A. 8042. Recruitment agencies are expected to extend assistance
to their deployed OFWs, especially those in distress. Instead, they abandoned Jasmins case and
allowed it to remain unsolved to further their interests and avoid anticipated liability which
parents or relatives of Jasmin would certainly exact from them. They willfully refused to
protect and tend to the welfare of the deceased Jasmin, treating her case as just one of those
unsolved crimes that is not worth wasting their time and resources on. The evidence does not
even show that Becmen and Rajab lifted a finger to provide legal representation and seek an
investigation of Jasmins case. Worst of all, they unnecessarily trampled upon the person and
dignity of Jasmin by standing pat on the argument that Jasmin committed suicide, which is a
grave accusation given its un-Christian nature.
We cannot reasonably expect that Jasmins parents should be the ones to actively pursue
a just resolution of her case in the KSA, unless they are provided with the finances to
undertake this herculean task. Sadly, Becmen and Rajab did not lend any assistance at all in
this respect. The most Jasmins parents can do is to coordinate with Philippine authorities as
mandated under R.A. 8042, obtain free legal assistance and secure the aid of the Department of
Foreign Affairs, the Department of Labor and Employment, the POEA and the OWWA in
[27]
of R.A. 8042. To
trying to solve the case or obtain relief, in accordance with Section 23
our mind, the Cuaresmas did all that was within their power, short of actually flying to the
KSA. Indeed, the Cuaresmas went even further. To the best of their abilities and capacities,
they ventured to investigate Jasmins case on their own: they caused another autopsy on
Jasmins remains as soon as it arrived to inquire into the true cause of her death. Beyond that,
they subjected themselves to the painful and distressful experience of exhuming Jasmins
remains in order to obtain another autopsy for the sole purpose of determining whether or not
their daughter was poisoned. Their quest for the truth and justice is equally to be expected of
all loving parents. All this time, Rajab and Becmen instead of extending their full cooperation
to the Cuaresma family merely sat on their laurels in seeming unconcern.
1/26/2016 3:50 PM