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
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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."
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