Resolution Concurring in the Ratification of the Agreement on Social Security Between the Republic of the Philippines and the Kingdom of Denmark

May 18, 2015

SENATE RESOLUTION NO. 082-15

RESOLUTION CONCURRING IN THE RATIFICATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE KINGDOM OF DENMARK

WHEREAS, the Constitution, Article VII, Section 21 states: "No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate";

WHEREAS, the Philippines has social security agreements with Austria, Canada, France, United Kingdom, Belgium, Switzerland, and Spain; this Social Security Agreement with the Kingdom of Denmark not only reaffirms the enhanced partnership between the Philippines and Denmark but also manifests the Philippine government's genuine concern for the welfare and well-being of Filipino migrant workers and their families wherever they may be;

WHEREAS, this Agreement on Social Security between the Republic of the Philippines and the Kingdom of Denmark seeks to reduce or eliminate border, nationality or other restrictions that prevent covered workers from receiving benefits under the social security legislation of the Philippines and Denmark;

WHEREAS, this Agreement aims to guarantee the portability of pensions of qualified Filipino and Danish citizens, which will be very beneficial especially for the lives and security of the vast number of Filipino citizens working on Danish vessels around the world;

WHEREAS, the Agreement applies the principles of equality of treatment, export of benefits, and totalization of creditable periods to enable covered workers to access social security benefits such as sickness, maternity, paternity, occupational diseases, invalidity, old age, and survivors' pension;

WHEREAS, on the part of the Republic of the Philippines, the Agreement shall be implemented in relation to the Philippine Social Security Act, the Government Service Insurance Act; and the Portability and Employees' Compensation Act;

WHEREAS, on the part of the Kingdom of Denmark, the Agreement shall be implemented in relation to the Act on the Highest, the Intermediate, and the Increased Ordinary and Ordinary Anticipatory Pension, and its regulations; and the Labour Marker Supplementary Pension Act and its regulations;

WHEREAS, the provisions of the Agreement are consistent with the State's policy to afford full protection to labor and with the right to social security enshrined in the Universal Declaration of Human Rights and under International Labour Organization (ILO) conventions;

WHEREAS, the Agreement, Article 23 provides that it shall enter into force on the first day of the third month following the date of receipt of the note through which the second of the Contracting States have given notice to the first Contracting State that all domestic requirements have been accomplished;

WHEREAS, the President of the Philippines ratified the Agreement on Social Security between the Republic of the Philippines and the Kingdom of Denmark on 5 May 2014 and has accordingly submitted it to the Senate for concurrence in accordance with the Constitution;

WHEREAS, in the hearing conducted by the Senate Committee on Foreign Relations on 5 March 2015, the following government agencies endorsed the concurrence in the ratification of the Agreement on Social Security between the Republic of the Philippines and the Kingdom of Denmark:

1. Department of Foreign Affairs;

2. Department of Labor and Employment;

3. Philippine Overseas Employment Administration;

4. Employees Compensation Commission;

5. Government Service Insurance System; and

6. Social Security System.

Now, therefore, be it

Resolved, as it as hereby resolved,That the Philippine Senate concur, as it hereby concurs, in the ratification of the Agreement on Social Security between the Republic of the Philippines and the Kingdom of Denmark.

Adopted,

(SGD.) FRANKLIN M. DRILONPresident of the Senate

This Resolution was adopted by the Senate on May 18, 2015.

(SGD.) OSCAR G. YABESSecretary of the Senate