5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly to all members of the same class. There can be no dispute about the dissimilarities between land-based and sea-based Filipino overseas workers in terms of, among other things, work environment, safety, dangers and risks to life and limb, and accessibility to social, civic, and spiritual activities.[36] (emphasis supplied; citation omitted) Accordingly, it is an indisputable fact that there is a substantial distinction between seabased OFWs and land-based OFWs as enunciated in the cited case of Conference of Maritime Manning Agencies, Inc. Thus, these two (2) classifications of OFWs can be treated differently. Reasonableness of classification; germane to the purpose of the law. Petitioners also argue that the different classification of manning agencies of seafarers, who are held solidarily liable with the principal foreign ship owners for SSS contributions, is unfair. The Department of Foreign Affairs (DFA) and the Department of Labor and Employment (DOLE) are only mandated to secure bilateral labor agreements with land-based OFWs, but not for sea-based OFWs, which violates the equal protection clause. The argument is unmeritorious. Sec. 9-B(b) of R.A. No. 11199 simply reiterates the provisions in other existing laws and regulations that manning agencies are jointly and solidarily liable with the principal foreign ship owners for monetary claims. Under Section 1(A)(1) of the 2010 POEA-SEC, the principal foreign ship owner has the primary duty to extend SSS coverage to seafarers.[37] Nevertheless, several provisions of the 2016 POEA Rules, which governs the recruitment and employment of seafarers, state that: PART I General Provisions xxxx Rule II Definition of Terms For purposes of these Rules, the following terms are defined as follows: xxxx 20. Joint and Several Liability — refers to the nature of liability of the https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66432 11/28

Select target paragraph3