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Upon cursory reading, the subject clause appears facially neutral, for it applie
s to all OFWs. However, a closer examination reveals that the subject clause has
a discriminatory intent against, and an invidious impact on, OFWs at two levels
:
First, OFWs with employment contracts of less than one year vis--vis OFWs with em
ployment contracts of one year or more;
Second, among OFWs with employment contracts of more than one year; and
Third, OFWs vis--vis local workers with fixed-period employment;
The subject clause singles out one classification of OFWs and burdens it with a
peculiar disadvantage.
Thus, the subject clause in the 5th paragraph of Section 10 of R.A. No. 8042 is
violative of the right of petitioner and other OFWs to equal protection.
The subject clause or for three months for every year of the unexpired term, whic
hever is less in the 5th paragraph of Section 10 of Republic Act No. 8042 is DECL
ARED UNCONSTITUTIONAL.