GAPS IN ACCESS TO JUSTICE:
THE OVERSEAS FILIPINO WORKERS’ EXPERIENCE,
AN INITIAL ANALYSIS OF PHILIPPINE JURISPRUDENCE
ON LABOR MIGRATION
A study by the Commission on Human Rights of the Philippines1
and
Atty. Henry S. Rojas2
Lawyers Beyond Borders Philippines, Inc.
I.
ABSTRACT OR EXECUTIVE SUMMARY
In this research study, cases involving overseas Filipino workers (OFWs) that were
decided by the Supreme Court in 2015 to 2019 were examined, in conjunction with other
online secondary sources, for the purpose of identifying possible gaps/concerns in the
migrant/human rights protection regime for OFWs, and to come up with policy
recommendations to address such gaps or concerns.
The following migrants’ rights concerns were identified in the study:
1.
In the OFW cases decided by the Supreme Court in 2015-2019, it took 7.2
years on the average for an OFW money claims case to go through the entire judicial process
from the date of filing of the complaint before the National Labor Relations Commission
1
The Commission on Human Rights of the Philippines (CHR) is the National Human Rights Institution
(NHRI) of the Philippines. Established by the 1987 Philippine Constitution, the CHR has a general
jurisdiction for the protection of human rights of all persons within the Philippines, as well as Filipinos
residing abroad, and provide for preventive measures and legal aid services to the underprivileged
whose human rights have been violated or need protection. An “A” NHRI, the CHR complies with the
Paris Principles on the Status of National Human Rights Institutions adopted by the UN General
Assembly in 1995. The CHR demonstrates the following characteristics of Paris Principles- compliant
NHRI: independence, pluralism, broad mandate, transparency, accessibility and operational
efficiency.
2
Atty. Henry S. Rojas is the President of the Lawyers Beyond Borders Philippines, Inc., an
association of lawyers and paralegals assisting disadvantaged Filipino migrant workers and their
families. He was the former Coordinator of the Lawyers Beyond Borders international Network. He
has been involved in the advocacy for migrants’ rights and welfare for more than thirty-five years. He
is a Senior Partner of the Rojas & Uy Law offices. Atty. Rojas is a graduate of the University of the
Philippines College of Law Batch 1996.
2