Panayam kay Atty. Dennis Gorecho, isang seafarers advocate
Panayam kay Atty. Dennis Gorecho, isang seafarers advocate
Transcript
00:00 the group of seafarers. We will talk to Atty. Dennis Gurecho via Zoom, a seafarers advocate.
00:08 Good evening, Atty. Gurecho.
00:10 Good evening, Don.
00:12 You have watched, Atty. Gurecho, the run of the Magna Carta of Filipino Seafarers from the Camera to the Senate.
00:21 You have witnessed the debate, the interpellation.
00:25 What is your reaction now that the controversial escrow provision has been removed and the fiduciary has been replaced with a new law?
00:33 What is still being issued is that the law, the provision is a bit anti-labor and anti-constitutional.
00:40 Because before the Magna Carta for Seafarers, it should have been a law that protects them.
00:45 What is being issued is that the escrow provision where the amount will be deposited, they removed it.
00:52 The fiduciary is gone but they retained the need to issue an execution bond to the seafarer if ever he wants to get his amount,
01:01 the amount of judgment award of the CMB and NLRC.
01:04 So that is the retained provision and that is where our seafarers will have problems.
01:10 Please explain the bond requirement. What are the possible scenarios here?
01:16 Will the manning agencies and employers place a bond?
01:20 And how about our poor seafarers, how will they place a bond when they have no money?
01:27 Their only hope is to claim their benefit.
01:32 In the present setup, if a seafarer wins the NLRC,
01:39 when the manning agency or respondent appeals, they file an appeal bond.
01:46 In NLRC rules, there is no bond that the laborer is filed, whether land-based, sea-based or local employee.
01:55 What will happen is, if the seafarer wants to claim his award, he needs to issue money,
02:06 the so-called execution bond, to be determined by the appropriate body.
02:12 What will happen is, he will not be able to move the amount until he is given the so-called execution bond.
02:17 It's like the same concept of escrow, that you cannot move the amount until the Supreme Court or the Court of Appeals decides to make a final executory.
02:28 In the execution bond, you cannot move it until you issue money to file the execution bond.
02:36 Where will he get that money?
02:37 Our seafarers are chasing disability benefits because they have an accident and they got sick.
02:45 They want to use the money for treatment.
02:48 In the execution bond, they will put a requirement that instead of using it for treatment, it will be channeled to pay for the execution bond.
02:58 That's unfair. Why? Because we have the so-called constitutional provision on equal protection clause of our countrymen.
03:09 If that is continued, you're penalizing our seafarers because they filed a case and they won.
03:17 When in fact, they have the same privileges and benefits as the constitutional guarantee that if you win, you will be given an award like other workers,
03:28 like other class workers, land-based and local workers.
03:32 Attorney Guret, the bill is about to be ratified.
03:37 What are the expectations for the next few days and what are our calls to our lawmakers?
03:44 Based on our information, the bicameral case has no scroll but there is the so-called execution bond.
03:55 Hopefully, President Marcos will hear that we are asking the seafarers to get rid of it because Magna Carta for Seafarers is for seafarers,
04:08 not for shipowners. The reason why shipowners need to have an execution bond is to get back the money that the seafarers get
04:18 if the decision is reversed in the Court of Appeals or the Supreme Court.
04:24 Based on the statistics that we got, only 30 percent of the decision of NCMB and NLRC is reversed.
04:34 When it comes to NLRC, 99 percent, 90 plus percent is retained.
04:40 It will affect the welfare or benefits of our seafarers who win in NCMB and NLRC.
04:50 What are our advice to the seafarers? We know that they are disappointed with what happened.
04:58 First, the escrow provision was removed but the bond requirement was changed, which you're saying is essentially for escrow provision.
05:06 We asked our seafarers to be vigilant because President Marcos is not signing it yet.
05:13 When President Marcos heard what we asked, he can remove the provision or veto the entire Magna Carta.
05:23 What will happen is, if he signs it, the next thing he will do is to question the constitutionality based on that provision.
05:34 All right. Thank you very much Atty. Dennis Guretzon for your time. Good night.
05:40 (upbeat music)