CONGRESS OF THE PHILIPPINES )

FIFTEENTH CONGRESS )
First Regular Session )

HOUSE OF REPRESENTATIVES
House 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 the
Heads of Government of aforesaid countries on 9 September 2006 with the aim of creating larger and new
markets, improving efficiency and enhancing consumer welfare that would boost the vibrancy of
economies and thereby expand trade and investment not only between the Philippines and Japan but also
in the region;

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

WHEREAS, one of the objectives of the Agreement is the liberalization and facilitation of trade
of goods and services primarily between the contracting parties to be implemented in accordance with the
terms 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 and
the European Union have criticized the JPEPA as containing iniquitous provisions unduly favoring Japan
at the expense of the Philippines;

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

WHEREAS, there were reports that the Philippines was not able to get a commitment from
Japan to eliminate the latter’s trade-distorting subsidies, while Malaysia, Indonesia, and Thailand got the
commitment in question;

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

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

WHEREAS, under Art. 93, JPEPA, on performance requirement, neither party can impose or
enforce 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, or
board members, effectively tying the hand of and reducing the policy space available for succeeding
policymakers without getting any substantial benefit in return;

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

WHEREAS, in terms of trade of services between the parties, JPEPA also established a formal
arrangement, 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 Japan’s ageing
population;

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

WHEREAS, Filipino nurses and caregivers are subjected to more stringent requirements before
they 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 a
national licensure examination and at least two years working experience, while under the JPEPA, a
Filipino nurse must be a duly-registered/licensed nurse who completed a 4-year nursing course, plus three
years of work experience;

WHEREAS, after almost three years of JPEPA implementation, recent data would show that the
terms and conditions imposed by Japan pursuant to JPEPA are so stringent and unfair, especially the
language 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 Japan’s offer under the
JPEPA 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 and
discrimination because Filipino nurses will go to Japan not to fully practice the nursing profession but to
become trainees first;

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

WHEREAS, the trainee status of Filipinos is also apparent when one compares the Filipino
nurses’ 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