Memo for : All OFWs and families Subject : Mandatory payment - TopicsExpress



          

Memo for : All OFWs and families Subject : Mandatory payment of Philhealth Premium From : Congressman Roy V. Seneres, OFW Family PL Date : April 21, 2014 On January 28, 2014, I delivered a privilege speech at the plenary session of the House of Representatives, entitled, Philhealth and POEA Riding in Tandem to Oppress and Overburden the OFWs. On February 3, 2014, I wrote POEA Adminstrator Hans Cacdac and Philhealth President & CEO Alexander Padilla (please see attached files), for them to cease and desist from forcing the OFWs to pay an annual Philhealth premium otherwise they will not be issued an overseas employment certificate (OEC) inasmuch as it violates the OFWs’ constitutional right to travel pursuant to Section 6, Article III (Bill of Rights) which states: “The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.” I reminded the POEA and Philhealth that the above-quoted provision of the Constitution does not have an enabling act yet by way of a statute or republic act. What the two agencies have as basis for the mandatory imposition upon the OFWs is only a memorandum of agreement between them which falls short of the force and effect of a statute. In a reply dated 12 March 2014, POEA Admin Cacdac informed me that he has already tasked the Legal Research Division of the POEA to conduct a study on the matter. The Phillhealth likewise replied in a letter dated 10 March 2014, through Philhealth President Alex Padilla. But instead of addressing squarely the issue of the curtailment of the OFWs’ right to travel, Mr. Padilla cited Section 11, Article XII of the Constitution which mandates the State to “adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. This claim is specious. No one is preventing the Philhealth to adopt and implement an integrated health program provided it does not murder anyone or violate the right to travel of an OFW or every Filipino for that matter in the absence of a statute clearly authorizing them to do so. Lately there is a happy development on the matter. Last April 14, 2014, during the blessing of the new headquarters of the OFW Family Club at the corner of Quirino and Taft Avenues in Manila, I took up the issue with our honorable guest Rosalinda Baldoz, the Secretary of Labor and Employment who chairs the POEA Governing Board. She told me the matter has already reached her attention and she is inclined to adopt my position. I laud the overall program of Philhealth, but the collection of premiums should not be arbitrary. It should have the consent of the OFWs. Abangan na lang po natin ang mga susunod na development. Yours faithfully, ROY “AMBA” SENERES
Posted on: Mon, 21 Apr 2014 05:04:58 +0000

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