Supreme Court E-Library
Information At Your Fingertips

August 29, 1997

This Memorandum of Agreement made and executed in Pasay City, Metro Manila, this 29th day of August, 1997, by and between:

The DEPARTMENT OF FOREIGN AFFAIRS, represented herein by its Secretary, Hon. Domingo L. Siazon, Jr., hereinafter referred to as "DFA;"

The DEPARTMENT OF LABOR AND EMPLOYMENT, represented herein by its Secretary, Hon. Leonardo A. Quisumbing, hereinafter referred to as "DOLE:"

AND

The SOCIAL SECURITY SYSTEM, represented herein by its President and Chief Executive Officer, Hon. Renato C. Valencia, hereinafter referred to as "SSS;"

WITNESSETH:

WHEREAS, the upliftment of the welfare of the Filipino migrant workers is a high priority program of the government in recognition of the significant role and contribution of the migrant workers to the country's economic growth and development;

WHEREAS, social security protection is one form of protection which ensures the promotion of the welfare and well-being of the Filipino migrant workers and their families;

WHEREAS, covering the Filipino migrant workers on a voluntary basis is a giant step towards the fulfillment of the government's promise to improve the well-being of the migrant workers and their families;

WHEREAS, the SSS recognizes the indispensable role of DFA and DOLE in the successful implementation of this program for Filipino migrant workers through the existence of their personnel and offices assigned abroad;

WHEREAS, for and consideration of the foregoing premises, die Parties hereby mutually agree, stipulate and bind themselves to the following terms and conditions;

ARTICLE I

SCOPE OF COVERAGE

This Agreement shall cover Filipino migrant workers, whether deployed abroad or departing for employment abroad, recruited through authorized channels and earning a monthly income of at least P3,000.00.

ARTICLE II

CONTRIBUTIONS AND BENEFITS

1. The contributions of qualified Filipino migrant workers to the SSS shall be in accordance with the Schedule of Social Security and Medicare Contributions for Filipino Migrant Workers provided in the Guidelines on the Voluntary Coverage of Filipino Migrant Workers which shall form part of this Agreement.

2. Payment of SSS contributions shall be made through any of the SSS authorized collecting banks.

3. The covered Filipino migrant workers shall be entitled to all benefits and privileges granted to regular SSS members for as long as they meet the qualifying conditions for entitlement thereto. These benefits and privileges shall be in addition to any benefits and privileges they are entitled to from their foreign employers, the social security system in the host country, OWWA or DFA, if any.

ARTICLE III

FUNCTIONS

1. The Department of Foreign Affairs shall:

a. Assist in the information dissemination through the identified diplomatic and consular posts;

b. Assist in the distribution of brochures and forms (SSS Forms OW-1, E-4 and Salary Loan Applications) in the identified diplomatic and consular posts;

c. Accommodate SSS personnel in diplomatic and consular posts under the following conditions:

(1) The number of SSS personnel in the Philippine Embassies and Consulates shall not exceed the number to be determined by DFA;

(2) The status of the SSS personnel while in the Philippine Embassies and Consulates shall be determined solely by DFA;

(3) The identification of posts where SSS may assign its personnel shall be agreed upon between SSS and DFA;

(4) SSS shall pay an appropriate rental for the use of the office space assigned to its personnel and the necessary maintenance and operating expenses as determined by DFA; and

(5) The terms and conditions for the use of portions of Philippine Embassies and Consulates as SSS offices shall be formulated by DFA.

2. The Department of Labor and Employment shall:

(1) Assist in the information dissemination; and

(2) Distribute brochures and forms (SSS Form OW-1, E-4 and Salary Loan Application).

2. The Social Security System shall:

a. Formulate the guidelines on the voluntary coverage of Filipino migrant workers which shall be immediately furnished to DFA and DOLE, including any amendments on the guidelines, policies and procedures in tlae implementation of the voluntary coverage of Filipino migrant workers;

b. Conduct, at its expense, seminars for DFA and DOLE personnel on the guidelines, policies and procedures in the implementation of the volmatary coverage of Filipino migrant workers upon the request of DFA or DOLE;

c. Provide the other Parties free information campaign materials relative to the voluntary coverage of Filipino migrant workers including brochures, posters, and stickers which shall be transmitted at its expense to the identified diplomatic and consular posts;

d. Process the SSS applications received from DFA in accordance with existing guidelines, policies and procedures;

e. Provide DFA with a list of approved and/or disapproved applications which shall be the exclusive responsibility of SSS;

f. Provide office spaces for POEA personnel at local branch offices of SSS whenever and wherever necessary;

g. Dispatch teams in order to promote the SSS programs for OFWs in coordination with DFA;

h. Observe and be bound by the provisions of Sec. 28, R.A. 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, providing for the One-Country Team Approach; and

i. Hold DFA free from all liabilities and accountabilities attributable to the SSS and its personnel.

ARTICLE IV

EFFECTIVITY

1. This Memorandum of Agreement shall become effective upon signing and shall be in force and effect unless otherwise tenninated by any of the Parties.

2. Any Party may terminate this Agreement by giving written notice thirty (30) days prior to the intended date of termination.

ARTICLE V

AMENDMENTS

Any amendment, modification or alteration of the terms and conditions of this Agreement may be made at any time during the period of its effectivity: Provided, however, that such amendments, modifications or alterations shall be in writing and with the concurrence of all Parties.

IN WITNESS WHEREOF, the Parties have hereunto caused their respective authorized representatives to affix their signatures this 29thday of August 1997 at Pasay.