SC rules SSS contribution requirement for OFWs before OEC issuance unconstitutional

The Supreme Court ruled that requiring land-based Overseas Filipino Workers (OFWs) to pay Social Security System contributions before obtaining overseas employment certificates (OECs) is unconstitutional, while affirming the constitutionality of Republic Act No. 11199 and its other provisions.

In a decision promulgated on Nov. 5, 2024, the SC En Banc declared Rule 14, Section 7(iii) of the Implementing Rules and Regulations (IRR) of the Social Security Act of 2018 as unconstitutional for violating Sections 1 and 6 of Article III on the right to property and travel.

The ruling was issued in response to a petition filed by Migrante International and party-list groups Bayan Muna, Gabriela, ACT-Teachers, and Kabataan, who argued that the provision deprives OFWs of their constitutional rights and imposes undue burdens.

To enforce compulsory SSS coverage through OEC issuance is unduly oppressive and repugnant to the Constitution, undermining protections for workers' rights and welfare.

The SC permanently enjoined the Social Security System, Philippine Overseas Employment Administration, and Department of Labor and Employment from implementing this unconstitutional provision while upholding the rest of RA 11199 and its IRR.