Bulayungan, Robert V. jr.

Idea, Dennie Vieve DP.

QUASI-JUDICIAL PROVISIONS sections 5, 6 & 7

Where to file complaint in case of dispute with respect to SSS coverage, benefits and
contributions?

The Social Security Commission has the exclusive power and jurisdiction to adjudicate and
settle all disputed claims under the Social Security Act, including plaintiff's claim for refund or
for underpayment of refund. (section 5 (a), R.A. 8282).

During the submission of evidence, who shall be authorized to administer oaths and
affirmation, take deposition and other necessary evidence?
An official or employee thereof shall have the power to administer oath and affirmation, take
depositions, certify to official acts, and issue subpoena and subpoena duces tecum to compel the
attendance of witnesses and the production of books, papers, correspondence and other records
deemed necessary as evidence in connection with any question arising under the Act (section 7,
RA 8282).

When will the Commission render its decision?

Within twenty (20) days after the submission of the evidence.

When does the decision of the Commission becomes final and executory?
Any decision of the Commission, in the absence of an appeal therefrom as herein Provided, shall
become final and executory fifteen (15) days after the date of notification

How will such decision be executed?

The Commission may, motu proprio or on motion of any interested party, issue a writ of
execution to enforce any of its decisions or awards, after it has become final and executory, in
the same manner as the decision of the Regional Trial Court by directing the city or provincial
sheriff or the sheriff whom it may appoint to enforce such final decision or execute such writ
(section 5 (d), RA 8282).

What will happen in case of refusal to comply with the decision of the Commission?
Any person who shall fail or refuse to comply with such decision, award or writ, after being
required to do so shall be punished for contempt.

In case of unfavourable decision, where to file an appeal?

The decisions of the Commission are reviewable both upon law and facts by the Court of
Appeals, and that if the appeal from its decision is only on questions of law, the review shall be
made by the Supreme Court (Enorme v. SSS, G.R. No. L-22569, citing section 5 (a) and (c), RA
8282).

How long can you file an appeal?

Appeal from a decision of the Commission must be taken within fifteen (15) days from
notification of such decision and judicial review thereof shall be permitted only after any party
claiming to be aggrieved thereby has exhausted his remedies before the Commission.

Who is the legal representative of the Social Security Commission?

The Secretary of Justice shall be the ex-officio counsel of the SSS. He or his representative shall
act as legal adviser and counsel thereof (section 6(b), RA 8282).

Who shall be the ex-officio auditor of SSC? What are his responsibilities?
The Chairman of the Commission on Audit shall be the ex-officio Auditor of the SSS (section 6
(a), RA 8282).
He or his representative shall check and audit all the accounts, funds and properties of the SSS in
the same manner and as frequently as the accounts, funds and properties of the government are
checked and audited under existing laws, and he shall have, as far as practicable, the same
powers and duties as he has with respect to the checking and auditing of public accounts, funds
and properties in general.