The requirement of posting an execution bond under the proposed escrow provision of the pending Magna Carta of Filipino Seafarers is another manifestation of its anti-labor character.
Proponents stressed that this is necessary to ensure the restitution of monetary awards in case the appropriate appellate court annuls or partially or totally reverses the monetary judgment award. In Turks Shawarma Company v. Pajaron , the Supreme Court said that the indispensable requisite for the perfection of an appeal “is to assure the workers that if they finally prevail in the case, the monetary award will be given to them upon the dismissal of the employer’s appeal.”
The proponents of the execution bond erroneously presumed that the seafarer is in the same economic footing with the employer. To paraphrase the Turks Shawarma decision, putting the award in escrow or requiring an execution bond “is meant to discourage employees from fighting for their case as employers use the appeal to delay or evade payment of their obligations to the employees.”
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