(Eagle News)–Leftists and several Overseas Filipino Workers have asked the Supreme Court to stop the government from requiring OFWs to contribute to the Social Security System.
In their 35-page petition for certiorari and prohibition, Migrante International; former Bayan Muna Rep. Neri Colmenares; Bayan Muna Reps. Carlos Zarate, Ferdinand Gaite and Eufemia Cullamat; Alliance of Concerned Teachers Rep. France Castro; Gabriela Women’s Party Rep. Arlene Brosas; Kabataan Rep. Sarah Elago; and OFWs Feliza Benitez, Jennifer Borbe, Maria Lovina Castro, Michelle Custodio, Emerlina de Lina, Ervie Fuentes, Fatima Mampo, Elvira Montero, Rosario Valdesco and Verna Villancio particularly asked the SC to nullify several provisions of the Social Security Act and its implementing rules and regulations that posit their mandatory contributions which should reportedly start before they leave the country.
The amount, which is equivalent to three monthly contributions, or around P7200, should be paid under those provisions or they will be stopped from leaving, the petitioners said.
According to the petitioners, the provisions constitute an “evident invasion of their fundamental rights to due process and equal protection” and constitute an “actual and imminent injury and prejudice to their livelihood..”
“Tulad po halimbawa, kapag aalis uli ako, magbabayad ako P7200 para lamang dito sa mandatory SSS…Napakabigat dahil kapag dating namin sa abroad, hindi po kaganda ang buhay doon,” Benitez, an OFW of 25 years, said.
Hernando of Migrante International said the provisions were “unfair” as OFWs based on them were “self-employed.”
“Kakargahin ng buo (ng OFW) ang kontribusyon na dapat nagkocontribute ang mga employer,” he said.
Named respondents to the petition were the SSS, the Department of Labor and Employment, the Department of Foreign Affairs and the Philippine Overseas Employment Agency. With a report from Moira Encina
