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CONGRESS OF THE PHILIPPINES )

FIFTEENTH CONGRESS )

First Regular Session )

HOUSE OF REPRESENTATIVESHouse Resolution No. 828

Introduced by Representative Ben P. Evardone

A RESOLUTION

TO EXPRESS THE SENSE OF THE HOUSE OF REPRESENTATIVES URGING HIS

EXCELLENCY PRESIDENT BENIGNO SIMEON C. AQUINO III TO UNDERTAKE A

THOROUGH REVIEW OF THE JAPAN-PHILIPPINES ECONOMIC PARTNERSHIP

AGREEMENT (JPEPA) AND CARRY OUT NECESSARY STEPS THAT WOULD

PUSH THE JAPANESE GOVERNMENT TO FULFILL ITS COMMITMENTS UNDER

THE AGREEMENT.

WHEREAS, the Japan-Philippines Economic Partnership Agreement (JPEPA) was signed by theHeads of Government of aforesaid countries on 9 September 2006 with the aim of creating larger and newmarkets, improving efficiency and enhancing consumer welfare that would boost the vibrancy ofeconomies and thereby expand trade and investment not only between the Philippines and Japan but alsoin the region;

WHEREAS, the Senate of the Philippines, pursuant to Senate Resolution No. 131, concurred inthe ratification of the Agreement on 08 October 2008;

WHEREAS, one of the objectives of the Agreement is the liberalization and facilitation of tradeof goods and services primarily between the contracting parties to be implemented in accordance with theterms and conditions set out in the respective schedules of the Philippines and Japan;

WHEREAS, members of the international community such as the United States of America andthe European Union have criticized the JPEPA as containing iniquitous provisions unduly favoring Japanat the expense of the Philippines;

WHEREAS, in the trade in goods and services chapter of the JPEPA, Japan was able toexclude 651 tariff lines, 238 of which are agricultural products while the Philippines excluded only 6tariff lines;

WHEREAS, there were reports that the Philippines was not able to get a commitment fromJapan to eliminate the latters trade-distorting subsidies, while Malaysia, Indonesia, and Thailand got thecommitment in question;

WHEREAS, the Philippine Government has undertaken steps to implement its commitmentsunder the Agreement, such as the reduction of the rates of duties on certain imported articles as providedfor under the tariff and customs Code of 1978, as amended, pursuant to Executive Order No. 767 datedNovember 7, 2008;

WHEREAS, recent data on the Philippines foregone revenues due to removal of tariffs need tobe evaluated to determine the impact of JPEPA on the Philippine trade balance with Japan and theeconomy as a whole;

WHEREAS, under Art. 93, JPEPA, on performance requirement, neither party can impose orenforce as a condition for investment activities requirements such as research and development (R&D)requirements, technology transfer and hiring and appointment of nationals as executives, managers, orboard members, effectively tying the hand of and reducing the policy space available for succeedingpolicymakers without getting any substantial benefit in return;

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WHEREAS, Art. 93, JPEPA is disadvantageous to a developing country like the Philippinessince the country might be stuck in low value-added manufacturing activities, and hence, fail to move tohigher value-added activities.

WHEREAS, in terms of trade of services between the parties, JPEPA also established a formalarrangement, subject to certain conditions, for the acceptance of 1,000 Filipino health professionals (400

nurses and 600 care workers) to work in Japan for the first two years JPEPA would be in force,considering that the demand for health professionals in Japan has been increasing with Japans ageingpopulation;

WHEREAS, despite efforts of both the government and non-government sectors to maintain theinternational standards demanded of professional health workers like nurses, JPEPA makes a registeredFilipino nurse inferior to a Japanese nurse as the former will enter Japan not as professional nurses but astrainees. Moreover, a Filipino nurse has to undergo the rigorous nursing licensure examinations in Japanwritten in Japanese language for her to obtain a permanent employment;

WHEREAS, Filipino nurses and caregivers are subjected to more stringent requirements beforethey could enter Japan compared to their counterparts in Indonesia. Pursuant to Japan-Indonesia Trade

Agreement, Japan can accept an Indonesian nurse with three-year nursing course with or without anational licensure examination and at least two years working experience, while under the JPEPA, aFilipino nurse must be a duly-registered/licensed nurse who completed a 4-year nursing course, plus threeyears of work experience;

WHEREAS, after almost three years of JPEPA implementation, recent data would show that theterms and conditions imposed by Japan pursuant to JPEPA are so stringent and unfair, especially thelanguage proficiency and nursing examinations, that the failing rate for Filipino nurses is almost 100%,making the Filipino nurses prospects of securing steady employment in Japan an elusive dream;

WHEREAS, nursing associations in the Philippines reportedly declined Japans offer under theJPEPA as the said agreement allegedly shortchanges the professional qualifications of Filipino nurses,

claiming that those who may be enticed to seek Japanese employment are exposed to potential abuse anddiscrimination because Filipino nurses will go to Japan not to fully practice the nursing profession but tobecome trainees first;

WHEREAS, recent data showing discrimination on Filipino nurses in terms of rate of pay revealthat a Filipino nurse receives $400 per month as a trainee, which amount is deplorable because theaverage cost of living allowance in Japan is generally around $800 and even higher in Tokyo with $1,000per month;

WHEREAS, the trainee status of Filipinos is also apparent when one compares the Filipinonurses monthly salary with a registered Japanese nurse and nurse aide, which is around $2,000 and$1,400, respectively;

WHEREAS, other countries offer higher and fairer employment contract to Filipino nurses,which include USA (salary of $3,500 per month), Canada ($3,250 per month), and United Kingdom($2,100): Now, therefore, be it

Resolved, as it is hereby resolved, to express the sense of the House of Representatives urging

His Excellency President Benigno Simeon C. Aquino III to undertake a thorough review of the Japan-

Philippines Economic Partnership Agreement (JPEPA) and carry out necessary steps that would push the

Japanese Government to fulfil its commitments under the agreement.

Adopted,

(Sgd.) BEN P. EVARDONE

Representative

Lone District of Eastern Samar

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