5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly solely burdened. Another argument raised by petitioners is that Sec. 9-B of R.A No. 11199, which imposes mandatory SSS coverage for sea-based OFWs, is superfluous and unreasonable because such SSS coverage is already provided for by existing rules and contracts; and that it is improper to treat manning agencies as employers under R.A. No. 11199 because they will be unreasonably held liable for the SSS coverage of seafarers. The Court finds the arguments specious. There are several provisions in contracts and existing regulations that mandate the SSS coverage of seafarers. The 74th Maritime Session of the ILO, held on September 24 to October 9, 1987, which was participated in by the Philippines, stated that there shall be social security protection for seafarers, including those serving in ships flying flags other than those of their own country.[43] It was observed by the Court in Sta. Rita that after a series of consultations with seafaring unions and manning agencies, it was the consensus that Philippine social security coverage be extended to seafarers under the employ of vessels flying foreign flags.[44] In accordance thereto, the SSS and the DOLE executed the 1988 MOA, which states that there shall be a stipulation in the SEC providing for coverage of the Filipino seafarer by the SSS. In the latest POEA-SEC, the foreign ship owners are still primarily required to extend SSS coverage to the seafarers. Similarly, the 2006 MLC, to which the Philippines is a signatory, states that the members therein must provide social security protection to all seafarers: Regulation 4.5 – Social security Purpose: To ensure that measures are taken with a view to providing seafarers with access to social security protection 1. Each Member shall ensure that all seafarers and, to the extent provided for in its national law, their dependents have access to social security protection in accordance with the Code without prejudice however to any more favorable conditions referred to in paragraph 8 of article 19 of the Constitution. 2. Each Member undertakes to take steps, according to its national circumstances, individually and through international cooperation, to achieve progressively comprehensive social security protection for seafarers. 3. Each Member shall ensure that seafarers who are subject to its social security legislation, and, to the extent provided for in its national law, their dependents, are entitled to benefit from social security protection no less favorable than that enjoyed by shoreworkers.[45] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66432 15/28