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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
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