Treaty (29 November 2000)

November 29, 2000

SUMMARY (FINAL ACT) OF PROCEEDINGS OF THE JOINT COMMITTEE MEETING ON THE PHILIPPINES-SPAIN CONVENTION ON SOCIAL SECURITY MADRID

The Joint Committee Meeting on the implementation of the Philippines- Spain Convention on Social Security was held in Madrid from 27 29 November 2000. The members of the delegation of both sides as well as the Agenda/Program of Activities are attached as Annexes I and II, respectively, to the Summary. The meeting was opened by Mr. Carlos Garcia Cortazar, Coordinator for International Security Affairs of the Ministry of Labor and Social Affairs, who underscored the fraternal ties that bind the Philippines and Spain, and who thanked the Philippine delegation for having accepted the Spanish invitation to resolve particular problems arising from the implementation of the Convention. H.E. the Secretary of State for Social Security, Mr. Gerard Camps Devesa, in spite of his tight agenda, personally welcomed the Philippine delegation. He underscored the close union which goes beyond the friendship that binds both countries, expressing the desire that the negotiations would end with optimum results. H.E. Jose Zarate Oledan, Ambassador Extraordinary and Plenipotentiary of the Republic of the Philippines to Spain, with heartfelt words, expressed his thanks to the Spanish authorities for the invitation, expounding in the process, that the Philippine Government considers its relations with Spain as one of the most important priorities in its foreign policy. The actual text of his speech is attached as Annex III to the present Summary. Following are the subject themes of the meeting :

1. Inclusion of the workers of the Philippine civil service in the Convention The Philippine Delegation explains that the country's social security system is divided into two segments: the first, which consists of workers of the private sector (S.S.S.) and the second, which covers workers from the government sector (G.S.I.S), both parts being integrated in said system. The Spanish Delegation reports that some public officials included in the social security system (General Regime), are already presently coveredby the Convention. However, some who are covered by other public administration laws cannot yet be covered by the Convention. With what have been expounded by the Philippine Delegation, the Spanish Delegation foresees that workers from the government sector will enjoy a situation similar to those of Spanish officials under the General Regime who are covered by the Convention. However, for greater clarity, it has been agreed upon to expressly Q mention these government workers in Article 2(B) of the Convention, adding to "social security legislation" the phrase, "for public and private workers." At the same time, a Transitory Provision in the Convention was suggested to be included to facilitate the implementation of the amendments to the Convention which may give rise to requests for the review of benefits currently being granted.

II. Workers of the Compañia General de Tabacos de Filipinas Both delegations agree to adopt the following decision:

1. The Philippine delegation accepts with retroactive effect to the entry into force of the Convention on January 11, 1989, that the workers posted by "Compania General de Tabacos de Filipinas" who render their work activity in that country, maintain indefinitely their registration and contribution status with the Spanish Social Security System.

2. Consequently, the Company will request from the Philippine Social Security System for the refund of any contributions made from the entry into force of the Convention. The request will include the conformity of the individual members for the suspension and refund of total amounts received as retirement pension.

3. The workers who, simultaneously, were pensioners of the Philippine Social Security System and registered in the Spanish Social Security System will refund the total amount they received as retirement pension.

4. The contributions paid prior to the date of force of the Convention, both in Spain and the Philippines, will be taken into account in accordance with the content of Article 27, Paragraph 1, of the current Convention, and will be effective when the requirements to be entitled to this benefit, are met in both countries.

III. Amendments to the Existing Convention Both delegations reviewed the text of the existing Convention and modifications were agreed upon. Modified articles in the Spanish version is attached as Annex IV to the present Summary (Final Act) of Proceedings. The Protocol in the Spanish text is appended to the Summary as Annex IV.The English version will subsequently be prepared in accordance with the agreements of both delegations.

IV. Forms The Spanish Delegation has provided the liaison forms for the implementation of the Convention. The above documents will replace the former supporting documents in ication of Article 8,3 of the Administrative Agreement of 21 May 1991, for both the Philippines and Spain.. The meetings were held in utmost cordiality and friendship. Both Chairpersons, by mutual agreement, have signed this Summary (Final Act) of Proceedings on 29 November of Year Two Thousand in Madrid, Spain. For the Minister of Labor and For the Government of the Social Affairs of the Kingdom of Republic of the Philippines: Spain:

(Sgd.)

(Sgd.) ANA GONZALEZ GOMEZ FEDERICO C. PASCUAL Chief of Services President and General Manager Bilateral Conventions Government Service Insurance Ministry of Labor and System Social Affairs

(Sgd.) JOSE ZARATE OLEDAN Ambassador Extraordinary and Plenipotentiary of the Republic of the Philippines to the Kingdom of Spain PHILIPPINE DELEGATION Atty. Federico C. Pascual -Chairman President and General Manager Government Service Insurance System H.E. Jose Zarate Oledan -Co-Chairman Ambassador Extraordinary and Plenipotentiary Philippine Embassy in Madrid MembersAtty. Leopoldo S. Veroy Executive Vice President for Operations Social Security System Ms. Judy Frances A. See Assistant Vice President International Affairs and Branch Expansion Social Security System Mr. Alejandrino A. Vicente Minister and Consul General Philippine Embassy in Madrid Ms. Lourdes G. Patag Senior Vice President Social Insurance Group Government Service Insurance System Ms. Christine Queenie C. Mangunay Second Secretary and Consul Philippine Embassy in Madrid SPANISH DELEGATION Ms. Ana Gonzalez Gomez -Head of Delegation hief of Services, Bilateral Conventions Ministry of Labor and Social Services Ms. Gema Lopez Menendez -Member of Delegation Chief of Services, International Social Relations Ministry of Labor and Social Services Ms. Carmen Cidranes Ramos -Member of Delegation Chief of Services, International Coordination National Institute of Social Security Ms. Carmen Benito Romero -Member of Delegation General Treasurer for Social Security Agenda and Program of Activities Joint Committee Meeting on the RP-Spain Convention on Social Security (27-29 November 2000) Venue Spanish Ministry of Labor and Social Affairs : C/ Agustin de Bethancourt, 4 Madrid, Spain Day 1 27 November (Monday) :0900 Welcome remarks by Mr. Carlos Garcia de H Cortazar Chief of Social Security, Ministry of Labor and Social Affairs Kingdom of Spain Remarks by H.E. Jose Zarate Oledan Ambassador of the Republic of the Philippines to the Kingdom of Spain Co-Chair of the Philippine Delegation to the Joint Committee Meeting on the RP-Spain Convention on Social Security Remarks of Mr. Federico C. Pascual Chairman of the Philippine Delegation to the Joint Committee Meeting on the RP- Spain Convention on Social Security 1030 Remarks by H.E. Gerard Camps Devesa Secretary of State for Social Security Kingdom of Spain 1100 Exposition on the social security laws of Spain and the Philippines Possibility of inclusion of the GSIS (coverage of Philippine government employees) 1200 Presentation of topics to be taken up during the Joint Committee Meeting 1300 End of session Day 2 28 November (Tuesday) : 0900 Review of the original texts of the Convention H for possible corrections of discrepancies 1030 Break 1100 Resumption of Session 1300 End of session Drafting of the Summary (Final Act) of Proceedings of the Joint Committee Meeting on the RP-Spain Convention on Social SecurityDay 3 29 November (Wednesday) : 1100 Review of the Summary (Final Act )of H Proceedings of the Joint Committee on the Philippines-Spain Convention on Social Security Signing of the Summary (Final Act) of Proceedings of the Joint Committee Meeting on the RP-Spain Convention on Social Security 1330 Lunch to be hosted by the Spanish Ministry of Labor and Social Affairs Restaurante Alboran, C/Ponzano Madrid Palabras de Su Excelencia, Don Jose Zarate OLEDAN Embajador Extraordinario y Plenipotenciario de la Republica de Filipinas en Espana, con motivo de la Apertura de la Comision Mixta para la Aplicacion del Convenio Hispano-Filipino de Seguridad Social Madrid, 27 de noviembre de 2000 Su Excelentisimo Sr. Secretario del Estado, D. Gerard Camps Devesa Estimado Sr. Carlos Garcia Cortazar Estimada Presidenta y miembros de la Delegacion Espanola Estimado Presidente y miembros de la Delegacion Filipina Amigos y amigas Buenos dias. Es para mi un gran honor poder dirigirme a esta Comision Mixta hispano-filipina y tomar parte en esta reunion sobre la aplicacion del Convenio Hispano-Filipino de la Seguridad Social que el Ministerio de Trabajo y Asuntos Sociales ha tenido la amabilidad de ser anfitrion durante los dias de 27 de noviembre a 1 de diciembre. De hecho, esta Comision me trae a la mente nuestro esfuerzo creciente y comun para renovar y reforzar este tema , tan importante para los trabajadores de ambos paises , que facilitan significativamente un medio de entendimiento mutuo entre Filipinas y Espana. Al respecto, el Gobierno Filipino considera su relacion con Espana como una de las mas destacadas prioridades en su politica extranjera. Nuestras relaciones poseen la nueva dimension de una numerosa comunidad filipina en Espana, los nuevos heroes del Gobierno Filipino que a traves de su envio de sus ingresos a sus familias, contribuyen — y no de formainsignificante --- al desarrollo nacional : un acto de inmenso sacrificio y heroismo que siempre valoramos. Y por tanto, la delegacion filipina esta profundamente agradecida por la oportunidad que nos presta— siempre tan amablemente— para permitir al Gobierno filipino, a traves de esta delegacion, cooperar con el fin de tener una colaboracion fortalecida, elevando el mutuo conocimiento sobre el tema de seguridad social, al nivel compatible a los inmensos desaffos ctuales. Por lo tanto, el Convenio de Seguridad Social de 1989 entre Espana y Filipinas nos hizo acercar al objetivo de proteger mas los intereses de nuestros compatriotas mientras esten trabajando hasta al periodo de jubilarse . Ahora, esta Comislon sirve como un impulso a fortalecer mas las zonas de coordinacion imprescindible para mejorar la interaccion mutua dentro del marco juridico de dicho Convenio bilateral . Nos reunimos en la cooperacion y amistad como en el pasado para intentar resolver los problemas tanto ahora como en el futuro. Entre ustedes y dentro de los cinco dias importantes, hay una disponibilidad para promover el ardiente deseo de ver que el bienestar de nuestros pueblos en materia de seguridad social, salgan mas adelante, mas desarrollada y indudablemente, mas fortalecida. Muchas gracias . English Translation Remarks of His Excellency, D. Jose Zarate OLEDAN Ambassador Extraordinary and Plenipotentiary of the Republic of the Philippines in Spain Opening Ceremony of the Joint Committee Meeting on the Philippines-Spain Convention on Social Security Madrid, 27 November 2000 His Excellency the Secretary of State, Gerard Camps Devesa The Honorable Carlos Garcia Cortazar The Honorable Chairman and members of the Spanish Delegation The Honorable Chairman and members of the Philippine Delegation Friends Good morning. It is indeed a great honor for me to address the Philippines-Spain Joint Committee and to participate in this meeting on the application of the Philippines-Spain Convention on Social Security, which the Ministry of Labor and Social Affairs is graciously hosting from 27 November-1 December .In fact, the work of this Committee brings to mind the increasing and common efforts to nurture and strengthen this theme, a very important one indeed for workers of both countries who significantly serve as a bridge of common understanding between the Philippines and Spain. In this regard, the Philippine Govenrment considers its relations with Spain as one of the priority areas in its foreign policy. The presence of a large community of Filipinos in Spain adds a new dimension to such relations, as they are the new heroes of the Philippines whose remittances to their families contribute significantly to our country's national development : an act of immense sacrifice and heroism which we consider to be of great importance. Thus, the Philippine Delegation is profoundly grateful for the opportunity graciously provided to the Philippine Government through this delegation to be able to cooperate and enhance interaction and in the process, bring shared knowledge of social security matters to a level which meets the challenges of the present. Moreover, the Philippines-Spain Convention of 1989 has brought us closer to our objective of granting greater protection for our peoples' interests in their present status as workers until they reach the period of retirement. Presently, this Joint Committee serves as a catalyst to further strengthen the essential areas of cooperation to improve bilateral interaction within the legal framework of the Convention. As in the past, we now meet in the spirit of cooperation and friendship , with the common intent to arrive at solutions to present as well as future problems. Among us and within these five important days, we have the resources to set in motion the ardent wish to see that the welfare of our peoples in the area of social security will be advanced, developed further, and undoubtedly, strengthened. Thank you.