Tulfo pushes for one-strike policy and stronger liability for abusive employers

In response to a disturbing case of maltreatment against a domestic worker, Senator Idol Raffy Tulfo has proposed a one-strike policy and increased criminal liability for abusive employers.

This move seeks to address and reduce the growing concerns surrounding the mistreatment of kasambahays, or domestic workers, in the Philippines.

The senator’s proposal came during the Senate hearing of the committee on justice and human rights on August 22, where the harrowing case of Elvie Vergara was discussed.

Vergara, a kasambahay from Occidental Mindoro, was subjected to both physical and emotional abuse by her employers–the Ruiz couple Pablo and France, and their children–since 2020. The abuse allegedly began after she was accused of stealing P12,000 and a watch, leading to partial blindness and other traumas over the last three years.

“Sa aking programa, hindi na bago ang mga kwento ng mga kawawang kasambahay natin na inaapi,” said Tulfo, referencing his longstanding radio show which has served as a platform for abused domestic helpers seeking assistance.

Highlighting another controversial aspect of the law, Tulfo stressed the current biased treatment towards domestic workers, particularly the provision which punishes them with a penalty two degrees higher than regular theft.

He labeled the legislation as “very discriminatory and anti-poor,” pointing out that domestic workers were still referred to as “domestic servants” in legal terms.

“Alam niyo ba pag binasa mo itong batas na ito, ang tawag pa sa ating mga kasambahay ay domestic servant. Napaka-makaluma na pag-iisip,” he said.

“Qualified theft should only punish those given clear trust and confidence with property of the owner,” Tulfo said.

Aiming to rectify this, Tulfo announced his intent to introduce a bill excluding kasambahays from the provisions of qualified theft under the revised penal code.

The senator also said that aside from Vergara’s employer, a criminal case should also be initiated against Baraganay Chairman Jimmy Patal for dereliction of duty and serious illegal detention.

In a turn of events in 2021, Vergara, after escaping her abusive employers, sought refuge in a barangay hall. Instead of receiving help, Patal reportedly called her employer to inform them of her whereabouts. Consequently, she was returned and illegally detained.

A representative from the Commission on Human Rights confirmed that dereliction of duty could potentially be a valid charge against Patal.

Meanwhile, a case of serious illegal detention is pending against him at the Office of the City Prosecutor of Batangas.