Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Philippines (Ratification: 1994)

Article 3(3) of the Convention. Equality of treatment. The Committee notes the information provided by the Government in its report received in September 2011. The Committee notes that, in accordance with section 5, item 2(4), of the Implementing Rules and Regulations of the National Health Insurance Act, foreign citizens residing and/or working in the Philippines shall be covered by the National Health Insurance Program (NHIP) as “individually-paying” affiliates whereas private sector employees are covered under the category “employed”. The Committee invites the Government to indicate how contributions are regulated and financed in the case of “individually-paying” and “employed” affiliates.

Reciprocity requirements. Section 15 of the Social Security Act of 1997 (Act No. 8282) provides that nationals of a foreign country which does not extend benefits to a Filipino beneficiary resident in the Philippines shall not be entitled to receive any benefit under this Act. The Government reports that notwithstanding the foregoing, the Social Security Commission may direct payments without regard to nationality or country of residence where the best interest of the Social Security System will be served. In its previous report, the Government had indicated that, as there had been an instance where section 15 had been used, a committee was set up to review the provisions of the Act No. 8282 in light of the Committee’s comments that Article 3(3) of the Convention authorizes such a “retorsion clause” only under much stricter conditions than the abovementioned section of the Social Security Act. The Committee would like to be kept informed on any new developments in this matter.

Article 3(1) and Article 4(1) (in conjunction with Article 10(1). Affiliation of foreign nationals to health insurance. The Committee notes the Government’s indication that the provisions of the Public Health Insurance Corporation Office Order No. 0026 of 22 February 2005 imposing residence conditions for affiliation to health insurance are interpreted in the light of the Implementing Rules and Regulations of the National Health Insurance Act, section 5, item 2(4) of which provides that the health insurance shall cover foreign citizens residing and/or working in the Philippines. The Committee understands that, in practice, foreign nationals working in the Philippines are covered by health insurance without any condition as to residence. Their dependants however are required to reside in the Philippines in order to be covered by the NHIP. The Government is requested to confirm whether such understanding is correct.