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AGREEMENT BETWEENJAPAN AND THE REPUBLIC OF THE PHILIPPINESON SOCIAL SECURITY

AGREEMENT BETWEENJAPAN AND THE REPUBLIC OF THE PHILIPPINESON SOCIAL SECURITY
Japan and the Republic of the Philippines (hereinafterreferred to in this Agreement as “the Philippines”),
Being desirous of regulating their mutual relations in
the field of social security,
Have agreed as follows:
PART I
GENERAL PROVISIONS
Article 1
Definitions
1.

For the purpose of this Agreement:(a)“a Contracting State” and “the other Contracting
State” mean Japan or the Philippines, as thecontext requires;(b)“territory” means,
as regards Japan,
the territory of Japan,
as regards the Philippines,
the territory of the Philippines in accordancewith the 1987 Philippine Constitution andinternational law;
Note:

(c)

Nothing in this subparagraph shall affectthe rights and obligations of theContracting States under internationallaw, including those under the United
Nations Convention on the Law of the Sea.

“national” means,
as regards Japan,
a Japanese national within the meaning of the law
on nationality of Japan,
as regards the Philippines,
a Filipino citizen within the meaning of the 1987
Philippine Constitution;

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(d)

“legislation” means,
as regards Japan,
the laws and regulations of Japan concerning theJapanese pension systems specified in paragraph 1
of Article 2,
as regards the Philippines,
the laws specified in paragraph 2 of Article 2;(e)“competent authority” means,
as regards Japan,
any of the Governmental organizations competentfor the Japanese pension systems specified inparagraph 1 of Article 2,
as regards the Philippines,
the President and Chief Executive Officer of theSocial Security System, or the President andGeneral Manager of the Government Service
Insurance System, to the extent that eachauthority is responsible under the legislation of
the Philippines;(f)“competent institution” means,
as regards Japan,
any of the insurance institutions, or any
association thereof, responsible for the
implementation of the Japanese pension systems
specified in paragraph 1 of Article 2,
as regards the Philippines,
the Social Security System or the Government
Service Insurance System, to the extent that each
institution is responsible under the legislationof the Philippines;(g)“period of coverage” means,
as regards Japan,
a period of contributions under the legislationof Japan and any other periods taken into accountunder that legislation for establishingentitlement to benefits,

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as regards the Philippines,
a period of contributions used to acquire theright to a benefit under the legislation of thePhilippines, but does not include periods forwhich contributions have been refunded,however, a period which shall be taken into
account, for the purpose of establishingentitlement to benefits under the legislation ofa Contracting State, pursuant to other agreements
on social security comparable with thisAgreement, shall not be included;(h)“benefit” means,a pension or any other cash benefits under thelegislation of a Contracting State.

2.
For the purpose of this Agreement, any term notdefined in this Agreement shall have the meaning assigned
to it under the applicable legislation.
Article 2
Matters Covered
This Agreement shall apply,1.
as regards Japan, to the following Japanese pension
systems:(a)the National Pension (except the National PensionFund); and(b)

the Employees’ Pension Insurance (except the
Employees’ Pension Fund);however, for the purpose of this Agreement, theNational Pension shall not include the Old Age
Welfare Pension or any other pensions which are
granted on a transitional or complementary basis
for the purpose of welfare and which are payable
wholly or mainly out of national budgetary
resources; and2.

as regards the Philippines, to the following laws:(a)

Republic Act No. 8282, otherwise known as theSocial Security Act of 1997, as it relates toretirement, disability and death benefits;

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(b)

Republic Act No. 8291, otherwise known as theGovernment Service Insurance System Act of 1997,
as it relates to retirement, disability, deathand survivorship benefits; and(c)

Republic Act No. 7699, otherwise known as thePortability Law of 1994, as it relates tototalizing periods of contribution and service
under the laws specified in subparagraphs (a) and(b).
Article 3
Persons Covered

This Agreement shall apply to a person who is or has
been subject to the legislation of a Contracting State, as
well as family members or survivors who derive rights fromsuch person.
Article 4
Equality of Treatment
Unless otherwise provided in this Agreement, thepersons specified in Article 3, who ordinarily reside in
the territory of a Contracting State, shall receive equal
treatment with nationals of that Contracting State in theapplication of the legislation of that Contracting State.
Article 5
Payment of Benefits Abroad
1.
Unless otherwise provided in this Agreement, any
provision of the legislation of a Contracting State which
restricts entitlement to or payment of benefits solely
because the person ordinarily resides outside the territoryof that Contracting State shall not be applicable topersons who ordinarily reside in the territory of the other
Contracting State.
2.
Benefits under the legislation of a Contracting State
shall be paid to the persons specified in Article 3, whoordinarily reside in the territory of a third State, under
the same conditions as if they were nationals of thatContracting State.

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3.
Payments of benefits under this Agreement tobeneficiaries who reside in the territory of the other
Contracting State are made in the currency of either
Contracting State or in any other freely convertible
currency in accordance with the relevant laws andregulations of the Contracting States. In case provisions
for restricting the exchange of currencies or remittanceare introduced by either Contracting State, the Governmentsof both Contracting States shall immediately consult on themeasures necessary to ensure the payments of benefits by
the Contracting State which imposes such restrictions.
PART IIPROVISIONS CONCERNING
THE APPLICABLE LEGISLATION
Article 6
General Provisions
Unless otherwise provided in this Agreement, a person
who works as an employee or a self-employed person in the
territory of a Contracting State shall, with respect tothat employment or self-employment, be subject only to thelegislation of that Contracting State.
Article 7Special Provisions
1.
Where a person, who is covered under the legislationof a Contracting State and employed in the territory ofthat Contracting State by an employer with a place ofbusiness in that territory, is sent by that employer,
either from that territory or from a territory of a third
State, to work on that employer’s behalf in the territoryof the other Contracting State, the employee shall be
subject only to the legislation of the first Contracting
State as if that employee were working in the territory of
the first Contracting State, provided that the period ofsuch detachment is not expected to exceed five years.
2.
If the detachment referred to in paragraph 1 of this
Article continues beyond five years, the competentauthorities or the competent institutions of bothContracting States may agree that the employee remains
subject only to the legislation of the first Contracting
State for a period not exceeding three years.

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3.
Where a person, who is covered under the legislationof a Contracting State and who ordinarily works as a selfemployed person in the territory of that Contracting State,works temporarily as a self-employed person in the
territory of the other Contracting State, that person shallbe subject only to the legislation of the first Contracting
State as if that person were working in the territory of
the first Contracting State, provided that the period of
the self-employed activity in the territory of the other
Contracting State is not expected to exceed five years.
4.
If the self-employed activity in the territory of theother Contracting State referred to in paragraph 3 of this
Article continues beyond five years, the competentauthorities or the competent institutions of bothContracting States may agree that the self-employed person
remains subject only to the legislation of the firstContracting State for a period not exceeding three years.
Article 8
Members of Diplomatic Missions,
Members of Consular Posts and Civil Servants
1.
This Agreement shall not affect the provisions of theVienna Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations.
2.
Subject to paragraph 1 of this Article, where any
civil servant of a Contracting State or any person treatedas such in the legislation of that Contracting State issent to work in the territory of the other Contracting
State, that person shall be subject only to the legislationof the first Contracting State as if that person were
working in the territory of the first Contracting State.
Article 9
Exceptions to Articles 6 to 8
At the request of an employee and an employer or aself-employed person, the competent authorities or thecompetent institutions of both Contracting States may agree
to grant an exception to Articles 6 to 8 in the interest ofparticular persons or categories of persons, provided thatsuch persons or categories of persons shall be subject tothe legislation of one of the Contracting States.

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Article 10
Spouse and Children
1.
As regards the spouse or children, coming with aperson who works in the territory of Japan and who issubject only to the legislation of the Philippines inaccordance with Article 7, paragraph 2 of Article 8 or
Article 9, the legislation of Japan concerning the Japanesepension system specified in paragraph 1(a) of Article 2
shall not apply to them provided that the requirements
specified in the laws and regulations of Japan concerning
the enforcement of the agreements on social security are
fulfilled. However, when they so request, the foregoingshall not apply.
2.
As regards the spouse or children, coming with aperson who works in the territory of the Philippines andwho is subject only to the legislation of Japan inaccordance with Article 7, paragraph 2 of Article 8 or
Article 9, the legislation of the Philippines shall not
apply to them provided that they do not work as an employee
or as a self-employed person in the territory of thePhilippines.
Article 11
Compulsory Coverage
Articles 6, 7, paragraph 2 of Article 8 and Article 10
shall apply only to compulsory coverage under thelegislation of each Contracting State.
PART IIIPROVISIONS CONCERNING BENEFITS
Chapter 1
Provisions concerning Japanese Benefits
Article 12
Totalization
1.
Where a person does not have sufficient periods ofcoverage to fulfill the requirement for entitlement toJapanese benefits, the competent institution of Japan shalltake into account, for the purpose of establishingentitlement to those benefits under this Article, theperiods of coverage under the legislation of thePhilippines insofar as they do not coincide with theperiods of coverage under the legislation of Japan.

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However, the foregoing shall not apply to lump-sum
payments under the Japanese pension systems specified inparagraph 1 of Article 2 on account of death or withdrawal.
2.
In applying paragraph 1 of this Article, the periodsof coverage under the legislation of the Philippines shallbe taken into account as periods of coverage under the
Employees’ Pension Insurance and as corresponding periodsof coverage under the National Pension.
Article 13
Special Provisions concerning Disability Benefits
and Survivors’ Benefits
1.
Where the legislation of Japan requires forentitlement to disability benefits or survivors’ benefits(except lump-sum payments under the Japanese pension
systems specified in paragraph 1 of Article 2 on account ofdeath) that the date of the first medical examination or ofdeath lies within specified periods of coverage, thisrequirement shall be deemed to be fulfilled for the purposeof establishing entitlement to those benefits if such adate lies within the periods of coverage under thelegislation of the Philippines.
However, if entitlement to disability benefits orsurvivors’ benefits (except lump-sum payments under theJapanese pension systems specified in paragraph 1 of
Article 2 on account of death) under the National Pension
is established without applying this Article, this Article
shall not be applied for the purpose of establishingentitlement to disability benefits or survivors’ benefits(except lump-sum payments under the Japanese pension
systems specified in paragraph 1 of Article 2 on account ofdeath) based on the same insured event under the Employees’
Pension Insurance.
2.
Paragraph 1 of Article 5 shall not affect theprovisions of the legislation of Japan which require aperson who is aged 60 or over but under 65 on the date of
the first medical examination or of the death to resideordinarily in the territory of Japan for the acquisition ofentitlement to the Disability Basic Pension or theSurvivors’ Basic Pension.

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Article 14
Calculation of the Amount of Benefits
1.
Where entitlement to a Japanese benefit is establishedby virtue of paragraph 1 of Article 12 or paragraph 1 of
Article 13, the competent institution of Japan shallcalculate the amount of that benefit in accordance with thelegislation of Japan, subject to paragraphs 2 to 5 of this
Article.
2.
With regard to the Disability Basic Pension and otherbenefits, the amount of which is a fixed sum granted
regardless of the periods of coverage, if the requirements
for receiving such benefits are fulfilled by virtue ofparagraph 1 of Article 12 or paragraph 1 of Article 13, theamount to be granted shall be calculated according to the
proportion of the sum of the periods of contribution andthe premium-exempted periods under the pension system fromwhich such benefits will be paid to the theoretical periodof coverage referred to in paragraph 4 of this Article.
3.
With regard to disability benefits and survivors’
benefits under the Employees’ Pension Insurance, insofar as
the amount of those benefits to be granted is calculated on
the basis of the specified period determined by thelegislation of Japan when the periods of coverage under the
Employees’ Pension Insurance are less than that specified
period, if the requirements for receiving such benefits are
fulfilled by virtue of paragraph 1 of Article 12 orparagraph 1 of Article 13, the amount to be granted shallbe calculated according to the proportion of the periods ofcoverage under the Employees’ Pension Insurance to thetheoretical period of coverage referred to in paragraph 4of this Article. However, when the theoretical period ofcoverage exceeds that specified period, the theoretical
period of coverage shall be regarded as equal to thatspecified period.
4.
For the purpose of paragraphs 2 and 3 of this Article,“theoretical period of coverage” means the sum of thefollowing periods (except that it shall not include theperiod after the month in which the day of recognition of
disability occurs or the period beginning with the month inwhich the day following the day of death occurs):(a)the period from the month in which the day of
attainment of age 20 occurs through the month
preceding the month in which the day of
attainment of age 60 occurs, except the period
before April 1, 1961;

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(b)

periods of contribution under the legislation ofJapan which do not coincide with the period
referred to in subparagraph (a) of thisparagraph; and(c)periods of coverage under the legislation of thePhilippines which do not coincide with periods
referred to in subparagraph (b) of thisparagraph, in case the month in which the day ofrecognition of disability occurs or the month
preceding the month in which the day following
the day of death occurs is before the period
referred to in subparagraph (a) of thisparagraph.

5.
With regard to the Additional Pension for Spouses
which is included in the Old-age Employees’ Pension and anyother benefits that may be granted as a fixed sum in cases
where the periods of coverage under the Employees’ Pension
Insurance equal or exceed the specified period determinedby the legislation of Japan, if the requirements forreceiving such benefits are fulfilled by virtue ofparagraph 1 of Article 12, the amount to be granted shallbe calculated according to the proportion of those periodsof coverage under the Employees’ Pension Insurance to thatspecified period.
Article 15
Exception to Article 4
Article 4 shall not affect the provisions oncomplementary periods for Japanese nationals on the basisof ordinary residence outside the territory of Japan under
the legislation of Japan.
Chapter 2
Provisions concerning Philippine Benefits
Article 16
Totalization of Periods of Coverage
1.
If a person is not entitled to a benefit because that
person has not accumulated sufficient periods of coverage
under the legislation of the Philippines, the competentinstitution of the Philippines shall take into account theperiods of coverage under the legislation of Japan insofar
as they do not coincide with the periods of coverage under
the legislation of the Philippines.

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2.
The competent institution of the Philippines shall not
apply paragraph 1 of this Article if a person, in thecalculation of the amount of benefits, has sufficientperiods of coverage to satisfy the requirements forentitlement to benefits under its legislation.
3.
Notwithstanding any other provision of this Agreement,
if the total duration of the periods of coverageaccumulated by a person under the legislation of thePhilippines is less than one year, the competentinstitution of the Philippines shall not apply paragraph 1of this Article.
4.
If a person is not entitled to a benefit solely on thebasis of the periods of coverage completed under thelegislation of the Philippines, but is entitled to thebenefit through the application of paragraph 1 of this
Article, the competent institution of the Philippines shallcalculate the amount of the benefit payable to that personin the following manner:(a)

It shall first determine the amount of theminimum benefit which would be payable under thelegislation of the Philippines solely on thebasis of the minimum periods of coverage required
under that legislation;(b)

It shall then multiply the amount of the minimum
benefit by the fraction which represents theratio of the periods of coverage actuallycompleted under the legislation of thePhilippines, in relation to the minimum periodsof coverage required under that legislation.
PART IVMISCELLANEOUS PROVISIONS
Article 17
Administrative Collaboration

1.
The competent authorities of both Contracting Statesshall:(a)agree on the administrative measures necessary
for the implementation of this Agreement;(b)designate liaison agencies for the implementationof this Agreement; and

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(c)

communicate to each other, as soon as possible,
all information about changes to their respective
legislation insofar as those changes affect theimplementation of this Agreement.

2.
The competent authorities and competent institutionsof both Contracting States, within the scope of theirrespective authorities, shall provide any assistancenecessary for the implementation of this Agreement. This
assistance shall be provided free of charge.
Article 18
Charges or Fees and Legalization
1.
Insofar as the legislation and other relevant laws andregulations of a Contracting State contain provisions on an
exemption or reduction of administrative charges or
consular fees for documents to be submitted under thelegislation of that Contracting State, those provisions
shall also apply to documents to be submitted in theapplication of this Agreement and the legislation of theother Contracting State.
2.
Documents which are presented for the purpose of thisAgreement and the legislation of a Contracting State shallnot require legalization or any other similar formality by
diplomatic or consular authorities.
Article 19
Communication
1.
In implementing this Agreement, the competentauthorities and competent institutions of both Contracting
States may communicate directly in Japanese, English or
Filipino language with each other and with any concerned
person wherever the person may reside.
2.
In implementing this Agreement, the competentauthorities and competent institutions of a Contracting
State may not reject applications or any other documents
for the reason that they are written in the language of theother Contracting State.

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Article 20
Transmission and Confidentiality of Information
1.
The competent authorities or competent institutions ofa Contracting State shall, in accordance with its laws andregulations, transmit to the competent authorities orcompetent institutions of the other Contracting State
information about a person collected under the legislationof that Contracting State insofar as that information isnecessary for the implementation of this Agreement. Unlessotherwise required by the laws and regulations of that
other Contracting State, that information shall be used
exclusively for the purpose of implementing this Agreement.
2.
Information referred to in paragraph 1 of this Article
received by a Contracting State shall be governed by thelaws and regulations of that Contracting State for theprotection of confidentiality of personal data.
Article 21
Submission of Applications, Appeals and Declarations
1.
When a written application for benefits, an appeal or
any other declaration under the legislation of aContracting State is submitted to a competent authority orcompetent institution of the other Contracting State whichis competent to receive similar applications, appeals or
declarations under the legislation of that other
Contracting State, that application for benefits, appeal or
declaration shall be deemed to be submitted on the samedate to the competent authority or competent institution of
the first Contracting State and shall be dealt with,according to the procedure and legislation of the firstContracting State.
2.
The competent authority or competent institution of aContracting State shall send the application for benefits,
appeal or any other declaration submitted in accordancewith paragraph 1 of this Article to the competent authority
or competent institution of the other Contracting State
without delay.
Article 22
Resolution of Disagreement
Any disagreement regarding the interpretation orapplication of this Agreement shall be resolved byconsultation between the Contracting States.

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Article 23
Joint Committee
1.
The Contracting States may establish a Joint Committee
composed of representatives of the competent authorities
and competent institutions of both Contracting States.
This Joint Committee shall be responsible for monitoring
application of this Agreement. This Joint Committee shallmeet when necessary either in Japan or the Philippines uponrequest by either Contracting State.
2.
The Joint Committee referred to in paragraph 1 of this
Article may meet, with the participation of representativesof the relevant authorities of both Contracting States, forthe purpose of consultation referred to in paragraph 3 ofArticle 5 or Article 22 of this Agreement.
Article 24
Headings
The headings of Parts, Chapters and Articles of thisAgreement are inserted for convenience of reference onlyand shall not affect the interpretation of this Agreement.
PART V
TRANSITIONAL AND FINAL PROVISIONS
Article 25
Events and Decisions prior to the Entry into Force1.
This Agreement shall not establish any entitlement tobenefits for any period prior to its entry into force.
2.
In the implementation of this Agreement, periods ofcoverage completed before its entry into force as well asother legally relevant events occurring before its entry
into force shall also be taken into account.
3.
In applying paragraph 1 or 3 of Article 7, in the caseof a person who has been working in the territory of aContracting State prior to the entry into force of thisAgreement, the periods of detachment or self-employed
activity referred to in paragraph 1 or 3 of Article 7 shallbe considered to begin on the date of entry into force of
this Agreement.
4.
Decisions made before the entry into force of thisAgreement shall not affect any rights to be established byvirtue of this Agreement.

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5.
The application of this Agreement shall not, for abeneficiary, result in any reduction in the amount ofbenefits to which entitlement was established before theentry into force of this Agreement.
Article 26
Entry into ForceThis Agreement shall enter into force on the first dayof the third month following the month in which theContracting States shall have completed an exchange of
diplomatic notes informing each other that their respective
constitutional requirements necessary for the entry into
force of this Agreement have been fulfilled.
Article 27
Duration and Termination
1.
This Agreement shall remain in force for an indefinite
period. Either Contracting State may give to the other
Contracting State, through diplomatic channels, written
notice of termination of this Agreement. In that event,
this Agreement shall remain in force until the last day of
the twelfth month following the month in which the noticeof termination was received by the other Contracting State.
2.
If this Agreement is terminated in accordance withparagraph 1 of this Article, rights regarding entitlement
to and payment of benefits acquired under this Agreement
shall be retained.
In witness whereof, the undersigned, being duly
authorized by their respective Governments, have signed
this Agreement.
Done at Manila on the nineteenth day of November, 2015
in duplicate in the English language.

For Japan:

For the Republicof the Philippines:

K. Ishikawa

Albert F. Del Rosario

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