The Question of COnstitutionality of Amended Migrant Workers Act (ra 10022) on money claims for illegally dismissed cases

of Overseas Filipino Workers filed ( 2011-2012) after its effectivity

The Philippines has deployed more Filipino workers in 190 destinations in variou s fields-professional, medical, technical, operations and maintenance, construct ion, hotel and seafaring sectors. 2. Last year, the Aquino government through the Philippine Overseas Employment A dministration (POEA) deployed two (2) million OFWs abroad, the highest in the la st 10 years. 3 Overseas Filipino Workers The Commission on Filipinos Overseas estimates that 10% of the population of the Philippines or around 9 million people are working overseas as temporary workers at any given time. These migrants are identified a s Overseas Filipino Workers, or OFWs. It is important to note that there are 42% of these groups have emigrated permanently to other countries. OFWs differ beca use they are temporarily based overseas, and are usually sent overseas by an emp loyment agency. In 2008 1.3 million Filipinos were deployed overseas as domestic workers, medica l professionals, construction workers, maritime workers, and IT experts, amongst others (Philippine Overseas Employment Administration). They are sent to countr ies across the world, including those in Europe, the Middle East, East Asia, Aus tralia and North America. The study focused on the illegal dismissal cases with respect to the constitutio nality on the money claims between 2011-2012.Overseas Filipino Worker or Migrant Worker refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non- commercial purposes, or on an installation located offshore or on the high seas. A "person to be engaged in a remunerated activity" refers to an applicant worker who has been promised or assured employment overseas.For the their family OFW as the so called "Bagong Bayani".Working abroad means severanc e from families.Parents who choose to work abroad to send their children to scho ol and provide them a good life.Seafarers are part of the Migrant workers who ar e entitled for the full protection of the state.The clause "or for three months for every year of the unexpired term,whichever is less"provided in the 5th parag raph of R.A. 10022 also known as Migrant Workers Act contradicts and violates th e protection clause for OFW.The propositions presented are based on existing la ws,notwithstanding the foregoing are necessarily subject to further studies and practicability.