Solicitud directa (CEACR) - Adopción: 2000, Publicación: 89ª reunión CIT (2001)

The Committee notes the information in the Government’s first and second reports and has also examined the legislation mentioned in the latter, particularly Act No. 8282 of 1997 on social security, Presidential Decree No. 626 of 1987 (Employees’ Compensation and State Insurance Fund) and Presidential Decree No. 1146 of 1977 (Revised Government Service Insurance Act). The Committee has also taken note of Act No. 7875 of 1995 instituting a national health insurance programme. The Committee wishes to draw the Government’s attention to the following points and requests it to send further information on them.

Article 3 of the Convention (in conjunction with Article 10).

(a)  The Committee notes that Act No. 8282 of 1997 on social security is applicable generally and covers nationals as well as foreigners. It notes, however, that under section 15 of this Act, a national of a country which does not extend its benefits to a Filipino residing in the Philippines or which is not recognized by the Philippines is not entitled to the benefits due to him in application of this Act. The Committee emphasizes that such a provision is not in conformity with what is authorized under Article 3(3) of the Convention and is therefore not in conformity with the principle of equality of treatment laid down in that Article. It requests the Government to indicate in its next report the measures taken or envisaged to give full effect to the Convention on this point.

(b)  The Committee notes that Act No. 7875 of 1995 institutes a national health insurance programme for all Filipinos. The Committee requests the Government to supply information on the implementation in practice of this legislation and on its impact on application of the Convention. It also requests the Government to indicate whether foreigners as well as refugees and stateless persons benefit from the protection provided by Act No. 7875 of 1995 and, if so, in what manner and by virtue of what provisions.

Article 5 (branches (d), (e) and (g)).  Please indicate whether, and if so, in what way and under which provisions, the following benefits are guaranteed in practice to Filipino nationals and also to nationals of member States who have accepted the obligations under the Convention for the corresponding benefits when the beneficiaries reside or transfer their residence abroad and payment of these benefits is not governed by a multilateral or bilateral social security agreement: invalidity and old‑age benefits, survivors’ benefits due to an occupational injury and industrial accident and occupational disease pensions.

Articles 7 and 8.  The Committee has noted the various social security agreements concluded by the Philippines and, particularly, the one concluded with France, a country which has ratified the Convention. It has also noted the Government’s statement to the effect that it is pursuing its efforts with a view to concluding new bilateral or multilateral agreements with other ILO Members for the purpose of giving effect to the provisions of the Convention. The Committee hopes that the Government’s next report will contain information on progress made in this regard.

Article 11.  The Committee requests the Government to indicate the provisions adopted to give effect to this provision of the Convention which lays down the principle of affording administrative assistance free of charge between Members, in addition to measures taken in the framework of social security agreements concluded by the Philippines.