The right to access to justice of all individuals is embodied in Articles 6, 7 and 8 of the Universal Declaration of Human Rights. 20 The right to access to justice of migrant workers and members of their families is also specifically provided for in Articles 18(1) and 24 of the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families.21 In the Philippines, the right to access to justice is embodied in the due process and equal protection clause of the 1987 Philippine Constitution.22 A corollary Constitutional right is the right to speedy disposition of cases which is provided for under Section 16 of the Article III (“Bill of Rights”) of the 1987 Constitution.23 The right to access to justice of OFWs is also recognized as one of the principal policies of the Philippine Government as embodied in Section 2(e) of Republic Act No. 8042, as amended, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, as amended.24 One of the usual complaints of OFW party-litigants concerning their right to access to justice is that it takes a very long time before their cases are resolved with finality. The phrase “justice delayed is justice denied” is always put to the test in many OFW cases. Further, OFWs usually complain that they do not have enough resources to finance the cost of litigation, including attorney’s fees. As a result, many of them enter into amicable settlements and accept payment much less than what they are legally entitled to under the law. An unintended consequence of this practice is that the erring private recruitment/manning agencies and abusive foreign employers are not properly held to account for their misdeeds once the OFW has already executed his/her release, waiver, and quitclaim in favor of the private recruitment/manning agency and/or foreign employer. There are many examples of OFW cases decided by the Supreme Court within the five-year period of 2015-2019 that took a long period of time to be resolved counted from the 20 21 22 23 24 Article 6. Everyone has the right to recognition everywhere as a person before the law. Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 18 1. Migrant workers and members of their families shall have the right to equality with nationals of the State concerned before the courts and tribunals. In the determination of any criminal charge against them or of their rights and obligations in a suit of law, they shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. Article 24 Every migrant worker and every member of his or her family shall have the right to recognition everywhere as a person before the law. Section 1 of Article III of the 1987 Philippine Constitution states: “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.” Section 1 of Article III of the 1987 Philippine Constitution states: “All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.” Section 2(e) of R. A. 8042, as amended states: “"(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. In this regard, it is imperative that an effective mechanism be instituted to ensure that the rights and interest of distressed overseas Filipinos, in general, and Filipino migrant workers, in particular, whether regular/documented or irregular/undocumented, are adequately protected and safeguarded." 13

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