5/19/2021
E-Library - Information At Your Fingertips: Printer Friendly
EN BANC
[ G.R. No. 247471, July 07, 2020 ]
JOINT SHIP MANNING GROUP, INC., PHILIPPINE ASSOCIATION OF
MANNING AGENCIES & SHIP MANAGERS, INC., FILIPINO
ASSOCIATION FOR MARINERS' EMPLOYMENT, INC., PHILIPPINEJAPAN MANNING CONSULTATIVE COUNCIL, INC., INTERNATIONAL
MARITIME ASSOCIATION OF THE PHILIPPINES, TOP EVER MARINE
MANAGEMENT, TRANS-GLOBAL MARITIME AGENCY, INC., BARKO
INTERNATIONAL INC., TARA TRADING SHIPMANAGEMENT, INC.,
CORP., CAPT. OSCAR D. ORBETA, MICHAEL J. ESTANIEL, CAPT.
TEODORO B. QUIJANO AND CAPT. JUANITO G. SALVATIERRA, JR.,
PETITIONERS, VS. SOCIAL SECURITY SYSTEM AND THE SOCIAL
SECURITY COMMISSION, REPRESENTED BY ITS PRESIDENT AND
VICE CHAIRMAN, RESPECTIVELY, AURORA C. IGNACIO,
RESPONDENTS.
DECISION
GESMUNDO, J.:
It is a basic postulate that the one who challenges the constitutionality of a law carries
the heavy burden of proof for laws enjoy a strong presumption of constitutionality as it
is an act of a co-equal branch of government.[1] Petitioners failed to carry this heavy
burden.
This is a petition for certiorari and prohibition, with an urgent prayer for the issuance of
a temporary restraining order or a writ of preliminary injunction, seeking to annul and
declare as unconstitutional Section 9-B f Republic Act (R.A.) No. 11199, or the Social
Security Act of 2018, for violation of substantive due process and equal protection of
laws.
The Antecedents
R.A. No. 1161, or the Social Security Act of 1954, established the Social Security
System (SSS). Its declared policy was to develop a social security service to protect
Filipino workers. At that time, Overseas Filipino Workers (OFWs) were not covered by
the said law. Subsequently, in 1987, the 74th Geneva Maritime Session of the
International Labour Organization (ILO) ruled that seafarers have the right to social
security protection, an internationally accepted principle. Eighteen (18) countries,
including the Philippines, signed the Session's act.[2]
On July 14, 1988, the SSS and the Department of Labor and Employment (DOLE)
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66432
1/28