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SOCIAL SECURITY SYSTEM (SSS) July 7, 1948- After the death of Pres. Roxas, Pres.

July 7, 1948- After the death of Pres. Roxas, Pres. Elpidio Quirino created the Social Security
Study Commission. The creation of the commission was his first official act upon assumption to
CONCEPT OF SSS, HISTORY AND ITS PROGRAMS office. Based on the report of the Social Security Study Commission, a draft of the Social Security
Act was passed to Congress.
1954- Rep. Floro Crisologo, Senators Cipriano Primicias and Manuel Briones introduced bills
-SS evolved from an age-old search of man for protection against poverty, which breeds grave based on the reports of the Social Security Study Commission in the House of Representative and
social ills that not only threaten his survival but also erode his sense of human dignity. It in the Senate. These bills were consolidated and enactedinto RA 1161, better known as SSA of
therefore becomes the duty of the state to operate a mechanism that would provide such 1954.
protection to its people. This is the mother of the ss law because RA 8282 is an amendment to RA 1161. But this was not
Poverty in the context of contingency as contemplated in the SS law. Contingencies contemplated implemented, there was a deferment of the implementation.
in SS law which the program seeks to address: death, old age, retirement, sickness, pregnancy, or
disability. However, business and labor groups objected the Social Security Act resulting in a deferment of
-the system established a program which relieves financial want by restoring income lost its implementation.
through inability to work due to death, old age, sickness, pregnancy or disability Businessmen objected because they were asked to contribute. Labor groups objected because it
Example, if a covered member of sss dies, he may be left by his surviving spouse who may not was not clear to them what is the impact of the ss law to their private benefit plan contained in
have any work or any source of income; or a covered employee retires. the collective bargaining agreement. Kinsa man ang labaw, ss law o private benefit plan.
-so workers are protected from anxieties arising out of contingencies
-but another phenomenon has aroused a deep anxiety for working class- globalization (ie, cost- 1957-amendatory bills were presented in Congress. These bills were based of RA 1792, which
cutting, productivity enhancement, downsizing of personnel, termination of jobs.) These may be amended the original SSA(ie pilot plan deleted, concept of the integration was introduced
financial but these are not contingencies in the eyes of the ss law. Termination of job and (existing private benefit plan)).
unemployment not included in the contingency. Why is it that a law was passed, the implementation of which can be different? It is because of
this pilot plan, there was that provision in the ss law that provides for pilot test in certain areas.
Why social legislation? Two aspects Because of the objection wla g.pursue ang pilot test because the pilot test was dependent on the
-a form of social security: to insure the well-being and economic security of the people. Because executive branch. So of course because of this amendment, there were no more objections.
it restores income to that financial want
-a form of social insurance: membership is mandatory (General Rule) as a rule requiring the Sept. 1, 1957- the SSA of 1954 or the Social Security Law (SS Law) was finally implemented,
shared payment of contributions and contributions will pay for benefit and operating cost. marking a significant milestone in the social security program.
In coverage there are two aspects one is compulsory and one is voluntary. Voluntary OFWS
directly hired abroad, or non working spouses of covered employees sa SSS. Also considered Thus, with the implementation of the SS Law, the government also implemented the social
social insurance because payment of contributions is shared, so there is this responsibility insurance approach to social security, covering the employed segment of the labor force. In 1993,
coming from the employer and coming from the employee. household helpers earning at least P1000 were included in the compulsory coverage of
LEGISLATIVE HISTORY 1980-some groups of some self-employed persons were also required to contribute to the social
security fund from which benefits are paid upon the occurrence of the contingency provided by
Jan 26. 1848- Pres. Manuel A. Roxas proposed a bill seeking to establish a SSS for wage earners law. Self-employed farmers and fisherfolks were included in the program in 1992.
and low-salaried employees. This was recommended to Congress in his State of the Nation
Adress. The SSS administers social security protection to workers in the private sectors. On the other
NOTE: it was not as exhaustive as what we have now because the system was for wage earners hand the GSIS takes care of workers in the public sector.
and low salary employees. It does not even mention about self employed persons.


jan. 1, 1992- beginning of the compulsory coverage of the self-employed farmers and fishermen august 2000-direct housing loan program for trade union members and OFWs was offered; and
earning at least P1500 per month or P18000 per annum. the retirement age of underground mine workers was lowered from 60 to 55 yrs old.

feb 1992- RA 7192 ( An act promoting the integration of women as full and equal partners of Last week there was a bill filed, seeking to amend gsis law, that for government workers, the
men in development and national building and for other purposes) is signed into law providing retirement age should be lowered from 65 to 55. Reasons: (1) d daw kamao modern technology
among others for the voluntary coverage of non-working spouses of the SSS members under the Page | 2
ang tiguwang. (2) tungod sa age, d na productive. Civil service: (1) it will have an impact on the
SSS. funds of gsis, members will no longer contribute for an additional 10 yrs. (2) longer enjoyment of
benefits, problema asa kuhaon ang funds.
april 23, 1992- under ra7322 (an act increasing maternity benefits in favor of women workers in july 2001- the flexifund program for overseas Filipino workers was offered, which was provident
the private sector.) an increase in daily maternity benefits from 45-60days for normal delivery, fund that allowed OFWs to contribute beyond the maximum level so they can available of higher
abortion, miscarriage and from 60-78 days for ceasarian. benefits. Also in 2001, the covenant of service (COS) program, SSS commitment to significantly
reduce the processing time of members benefits, was lauched.
sept 1, 1993-beginning of compulsory coverage of household helpers earning at least P1000 a
month under RA 7655 (an act increasing the minimum wage of household helpers) April 2002- a daily remittance scheme for members belonging in the informal settler was offered.

may 3 1994- RA 7688 entitled an act giving representation to women in the social security Sept 2002- various service initiatives were launched such as:
commission, amending for the purpose Sec. 3(a) of RA 1161 as amended is approved.
1. online inquiry system through the SSS website.
SSC is the quasi judicial body which has jurisdiction over any dispute in respect to coverage, 2. Text-SSS which allowed their members to inquire on their contributions and loan
contributions, penalties under section 5 of SS law. records through mobile phone.
Because of this representation of women, the ssc, composing of the secretary of labor, president 3. Branch teller system, which allowed specific branches to directly receive contributions
of the sss, and representatives coming from the workers and the employers, it is now mandated and loan payments
that for every representative of workers and employers one should be a woman. 4. The sickness, maternity and employees compensation (SMEC) payment through bank
program which allowed employers to directly receive their reimbursement for SMEC
may 1 1994-ra 7699 an act instituting limited portability scheme in the social security insurance payments advanced to their employers through their respective bank accounts.
systems by totalizing the workers creditable services or contributions in each of the systems is
1. social security program
oct 15 1995-effectivity of the implementing guidelines on the expansion of coverage to self- 2. Employees compensation program (EC)- started in 1975, provides double taxation
employed persons with a monthly net income of P1000. effective june 1984 to the worker when the illness, death or accident occurs DURING
You have informal settlers. You have ambulant vendors and washyourkaraboys?(boy band ni!?). WORK-RELATED activities. EC benefits are granted only to members with employers
Ayaw laita, they are covered, supposedly compulsory ni. Self employed. By this time, note that other than themselves.
there is a difference in the administration of these workers in the private sector and public
sector. Private sector you have SSS, public you have GSIS. Ang kada employer mureport sa sss, duha jud na ia ireport. Social security, ang magbayad siya ug
ang employee. Employees compensation, ang mubayad employee ra.
jan 1 1996-self-employed coverage is extended to all self-employed persons regardless of trade,
business or occupation, with a monthly ney income of P1000. Bar question: on leave siya then girecall ang leave kay naay emergency sa office. Along the way,
namatay. The question is whether it is work related.
may 24 1997-ra 8282 otherwise known as social security act of 1997 amending the SSL (RA
1161)was approved which increased the amounts of various benefits, expanded the membership SSS used to administer the medicare program for hospitalization and other medical needs of the
coverage of SSS and offered for condonation program for late contribution payments. private sector workers; and the GSIS, for public sector workers. However, with the passage of RA
7875 or the National Health Insurance Act of 1995, the SSS and GSIS transferred the
administration of the medicare program to the Philippine Health Insurance Corporation Do not be confused, under sss, the quasi judicial body is called the commission, ssc. In gsis, it is
(PhilHealth) for an integrated and comprehensive approach to health developments effective called gsis. Section 5 talks about disputes, but only with respect to coverage, benefits,
July 1999. contributions, penalties, or any other matter related thereto.


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It is the policy of the Republic of the Philippines to establish, develop, promote and perfect a -atlantic filed a complaint for specific performance and damages against SSS before RTC of
sound and viable tax-exempt social security service suitable to the needs of the people Batangas City
throughout the Philippines which shall promote social justice and provide meaningful protection -from the averment in the complaint, private respondents are seeking to implement the deed of
to members and their beneficiaries against the hazards of disability, sickness, maternity, old age, assignment which they had drafted and submitted to SSS sometime in July 2001, pursuant to
death, and other contingencies resulting in loss of income or financial burden. Towards this end, SSSs letter addressed to AG&P dated 23 April 2001 approving AG&P and SEMIRARAs
the State shall endeavor to extend social security protection to workers and their beneficiaries. delinquencies through dacion en pago, which as of 31 March 2001, amount to P29,261,902.45.
(sec 2 ra 8282) When the deed of assignment was submitted sss did not sign it because there was a conflict as to
the amount of delinquencies. Mao na adto sila sa court to compel sss to sign the dacion en pago.
Hazards here referring to contingencies, but I am more concerned on this phrase and other Sss filed a motion to dismiss on the ground lack of jurisdiction. Citing section 5, RTC dismissed.
contingencies. It is a catch all phrase, it is supposed to cover anything that is not mentioned but -ca reversed RTC decision and held that the subject of complaint(kuwang and slide)
in truth, there are no other contingencies. These are the only contingencies stated in the law:
disability, sickness, maternity, old age, death. In fact, the definition of contingency under the law ISSUE: which body has the jurisdiction to entertain the controversy arising from the non-
mentions only these, no catch all phrase. That means ma.terminate ka, ma.unemployed, dli ka implementation of a dacion en pago agreed upon by the parties as a means of settlement of
maka claim under sa ss law kay no benefit granted to you by the law itself even if it is part of the private respondents liabilities?
policy. Probably they are looking forward, that may happen in the future, but not now.
SC; from the allegations of respondents complaint, it readily appears that there is no longer
VISION dispute with respect to respondents accountability to SSS. Respondent, had in fact admitted
Viable- protection through generations their delinquency and offered to settle them by way of dacion en pago subsequently approved by
universal-protection provided to all residents of the phil., citizens and non-citizens alike (for non the SSS in Resolution no. 270s-2001.
citizens it requires reciprocity), regardless of creed, gender, age, geographic location, economic
status, especially the disadvantaged. - The controversy lies in the non-implementation of the approved and agreed dacion en pago on
Equitable- fair and uniform coverage to all; benefits shall be meaningful and able to sustain a the part of the SSS. As such, respondents filed a suit to obtain its enforcement which is, doubtless,
decent standard of living. a suit for specific performance and one incapable of pecuniary estimation beyond the
World-class service - prompt, accurate and courteous service shall be provided. competence of the Commission.

JURISDICTION Court Review. The decision of the Commission upon any disputed matter may be reviewed
SEC.5 Settlement of Disputes. - (a) Any dispute arising under this Act with respect to coverage, both upon the law and the facts by the Court of Appeals. For the purpose of such review, the
benefits, contributions and penalties thereon or any other matter related thereto, shall be procedure concerning appeals from the Regional Trial Court shall be followed as far as
cognizable by the Commission, and any case filed with respect thereto shall be heard by the practicable and consistent with the purposes of this Act. Appeal from a decision of the
Commission, or any of its members, or by hearing officers duly authorized by the Commission Commission must be taken within fifteen (15) days from notification of such decision. If the
and decided within twenty (20) days after the submission of the evidence. The filing, decision of the Commission involves only questions of law, the same shall be reviewed by the
determination and settlement of disputes shall be governed by the rules and regulations Supreme Court. No appeal bond shall be required. The case shall be heard in a summary manner,
promulgated by the Commission. and shall take precedence over all cases, except that in the Supreme Court, criminal cases
wherein life imprisonment or death has been imposed by the trial court shall take precedence.
No appeal shall act as a supersedeas or a stay of the order of the Commission unless the
Commission itself, or the Court of Appeals or the Supreme Court, shall so order.
Notice here that the law uses the word appeal. Appeal from the decision of the commission. So -since the existence of EE rel. between the respondent coop and its owners-members was put in
whether it is by petition for review, verified petition for review or a notice of appeal. issue and considering that the compulsory coverage of the SSS law is predicated on the existence
of such relationship, it behooves the petitioner SSC to determine if there is really an EE rel
The Old Rule says it is by mere notice of appeal but in the recent Rule, it is by verified petition for existing between respondent coop and its owners-members.
review. Page | 4
Notice of appeal: (1) you only have one piece of paper (2) Material date when you The same four-fold test, the same elements.
receive the copy of the decision and (3) you furnish the opposing council correctly, then Independent contracting and labor only employees = not covered by SS law.
notice of appeal is complied. The problem of the notice of appeal is once the notice of
appeal is perfected the entire records will all be elevated to the higher court, in this case -the question on the existence of EE rel. is not within the exclusive jurisdiction of NLRC. ART 217
the court of appeals. But there will be a problem there. why? Because the SSC is a quasi- of LC enumerating the jurisdiction of the Labor Arbiters and the NLRC provides that:
judicial body, its not the same with regular courts.
But if it is verified petition of review, the entire records will remain at the SSC. What we ART. 217- Jurisdiction of Labor Arbiters and the Commission:
will file at the CA is the petition for review which will contain the facts of the case, the
material dates, the issues, the arguments but you need to attach true copies of the Xxx xxxx xxx
relevant documents that you cite or you will cite in your petition for review. 6. except claims for employees compensation, SS, medicare and maternity benefits, all other
claims arising from EE relations including those of persons in domestic or household service
Criminal offenses for violations of the law are within the jurisdiction of the regular courts. including an amount exceeding P5000 regardless of whether accompanied with a claim for
REPUBLIC VS ASIAPRO CCOPERATION (sure daw mugawas sa exam kay nigawas sa bar)
-although the provision speaks merely of claims for SS, it would necessarily include issues on the
-respondent Asiapro, as cooperative is composed of owners-members. Its primary objective is to coverage thereof, because claims are undeniably rooted in the coverage by the system. Hence, the
provide savings and credit facilities and to develop other livelihood services for its owners- question on the existence of EE relationship for the purpose of determining the coverage of SSS is
members. explicitly excluded from the jurisdiction of the NLRC and falls with the jurisdiction of SSC which
is primarily charged with the duty of settling disputes arising under SSL of 1997.
Are members of the cooperative covered compulsorily under SSS?
-in determining the existence of an EE relationship, the ff elements are considered:
-In the discharge of the primary objective, respondent entered into several service contracts with (4-fold test ni, kamu nlng supply remember labor kay kapuy type.. heheh..) The most important.
Stanfilco- a division of DOLE Phil Inc. and a company based in Bukidnon. The owners-members Element is the employers control of the employees conduct, not only as to the result of the work
do not receive compensation or wages from the respondent cooperative, Instead, they receive a to be done but also as to the means and methods to accomplish.
share in the service surplus which the cooperative earns from different areas of trade it engages
in such as the income derived from the said service contracts with stanfilco. The owners- Connect this to the case of Co vs People
members get their income from the service generated by the quality and amount of service they SSC cannot determine the relationship in all instances.
rendered which is determined by the board of directors of the cooperative.
-in order to enjoy the benefits under the SS Law of 1997 the owners-members of the cooperative Facts: There was already a ruling from the labor case filed from the supposed employee against
who were assigned to stanfilco requested the service of the latter to register them with the supposed employer. That there was no EE relationship. The ruling was final and executory.
petitioner SSS as self-employed and to remit their contributions as such. Despite that, gikiha gihapon ang kadtong supposed employer in the fiscals office for violation of
-SSS sent a letter to stanfilco that based on the service contract it executed with stanfilco, the the SS law. Nakalusot ang kiha, naabot sa RTC. Ni.file ug motion to quash on the ground of lack of
cooperative is a manpower contractor supplying employees for stanfilco and for that reason, it is jurisdiction. And the court sustained, saying that there is no more need to determine the EE
an employer of its owners-members working with stanfilco. Thus, respondent cooperative relationship because that has already been determined by the Labor Courts that there was
should register itself with SSS as an employer and make the corresponding report and absence of EE relationship. And since SS law coverage is predicated on the existence then there
remittance of prenimum contributions in accordance with SSL. should be no more criminal case to be filed against the supposed employer.
SC: the mandatory coverage -Respondent protested asserting that her marriage with Bailon was not declared before any
court of justice as bigamous or unlawful, hence, it remained valid and subsisting for all legal
Sir: In my opinion, if there is already a final and executory ruling of the labor code, SSC does not intents and purposes as in fact Bailon designated her as his beneficiary.
have to make the ruling on the EE relationship. Why? Because that will not end the issue and you -When raised to SSC, it held that Teresita Jarque-Bailon is not the legitimate spouse and primary
may have a ruling of the SSC which may be different to that of the Labor Courts. beneficiary of SSS member Clemente Bailon.
Questionable ruling of SSC: the CFI order of presumptive death of Alice was obtained throughPage | 5
SC: ALL ELEMENTS ARE PRESENT IN THIS CASE (Asiapro) fraud. Why? Because it was disclosed in the investigation that Alice was afterall alive. Note:
1. expressly provided in the service contract that respondent coop has the exclusive nihimo ug ruling ang SSC in relation to that order of CFI.
jurisdiction in the selection and engagement of the owners-members as well as team
leaders who will be assigned at stanfilco. SC:
2. The weekly stipends or the so called share in the service surplus given by the That the SSC is empowered to settle any dispute with respect to SSS coverage, benefits
respondent cooperative to its owners-members WERE IN REALITY WAGES, as the same and contributions, there is no doubt. In so exercising such power, however, it cannot
were equivalent to an amount not lower than that prescribed by the labor laws, rules review, much less reverse, decisions rendered by courts of law as it did in the case at bar
and regulations including the wage order applicable to the area and industry or the when it declared that the December 10, 1970 CFI Order was obtained through fraud and
same shall not be lower than the prevailing rates of wages. It cannot be doubted then subsequently disregarded the same, making its own findings with respect to the validity
that those stipends or share in the service surplus are indeed wages because these are of Bailon and Alice's marriage on the one hand and the invalidity of Bailon and
given to the owners-members as compensation in RENDERING SERVICES to respondent respondent's marriage on the other.
cooperatives client, stanfilco. In interfering with and passing upon the CFI Order, the SSC virtually acted as an
If share jud, if naay makuha naa, if wala, wala. Mura bag dividends sa corporation. appellate court. The law does not give the SSC unfettered discretion to trifle with orders
3. Power to investigate cooperative of regular courts in the exercise of its authority to determine the beneficiaries of the SSS.
4. Control of cooperative
Provision before (although lahi na karon kay affidavit na kinahanglan under the Family
SSS vs BAILON Code): a subsequent marriage is terminated by final judgment of annulment in a case
(common law relationship is very common) instituted by the absent spouse when he appears or either of the spouses in the subsequent
-clemente bailon and alice diaz contracted a marrage in Barcelona, sorsogon. marriage.
-more than 15yrs, bailon filed before the CFI of sorsogon a petition to declare Alice
presumptively dead. In the case at bar, as no step was taken to nullify, in accordance with law, Bailon's and
-by order, CFI granted the petition. (not disclosed in the case why CFI granted the petition) respondent's marriage prior to the former's death in 1998, respondent is rightfully the
-close to 13 yrs after his wife Alice was declared presumptively dead, bailon contracted another dependent spouse-beneficiary of Bailon.
marriage with Teresita Jarque(respondent) in Casiguran, Sorsogon.
-Bailon who was a member of SSS since 1960 and a retiree pensioner thereof, died. SIGNEY vs SSS (common-law relationship)
-respondent thereupon filed a claim for funeral benefits and was granted P12000 by SSS.
Signey was the common-law wife. The legitimate wife was Editha. Pagkamatay sa covered
-Cecilia Bailon-Yap who claimed to be daughter of Bailon and one Elisa Jayona contested before member, ang ni.file for application for the benefits was Signey. During the investigation of SSS, it
the SSS the release to the respondent of the death and funeral benefits. She claimed that Bailon was found out that uy minyo man diay with Editha. Proof was marriage certificate registered
contracted 3 marriages in his lifetime, 1st with Alice, 2nd with her mother Elisa, and 3rd with with the LCR. Application of Signey was denied. Signey went to the SSC, this time iya g.attach ang
respondent, all of whom are still alive. She, together with her siblings, paid for Bailons medical waiver executed by the legitimate wife, Editha. SSC denied despite the waiver.
and funeral expenses; and all the documents submitted by respondent to the SSS in support of SSC Reason: even if Editha was the legitimate wife, she is not entitled to any benefit because she
her claim are spurious. was not dependent to her husband who died. Why? Kay nag.common-law relationship man pud
xa. Pari delicto. Since wa may right si Editha, it follows that Signey also doesnt have any right on
-SSS cancelled the pension. the basis of the waiver. Signey went to SC.


-SC will not disturb findings of fact of the SSS which are supported by substantial evidence and
affirmed by SSC and the CA. Who is an employee under SSS law?
(c)-Employee- Any person, natural or juridical, domestic or foreign, who carries on in the
-it is well-known rule in the proceedings before the administrative bodies, technical rules of Philippines any trade, business, industry, undertaking, or activity of any kind and uses the
procedure and evidence are not binding. The impt. Consideration is that both parties were services of another person who is under his orders as regards the employment, except the
afforded an opportunity to be heard and they avail themselves of it to present their respective Government and any of its political subdivisions, branches or instrumentalities, including Page | 6
position on the matter in dispute. corporations owned or controlled by the Government (covered by GSIS): Provided, That a self-
-it must likewise be noted that under sec 2, rule 1 of the ssc revised rules of procedure, the rules employed person shall be both employee and employer at the same time.
of evidence prevailing in the court
In the case of Alba, this was based on the 4-fold test. An administrator can be an employee based
SC: Jurisdiction on criminal offenses on the 4 elements.
-criminal offense. SS law does not expressly state who has jurisdiction.
Very Important: EE Relationship because in SS law there are employees that are excluded
sec 28: (i) criminal action arising from violation of the provisions of this act may be commenced from coverage, so even if they perform services and the receive compensation, they are excluded
by the SSS or the employee concerned either under this act or in appropriate cases under the because of the ABSENCE of employer-employee relationship.
RPC; provided, that such criminal action may be filed by the SSS in the city or municipality where
the SSS office is located, if the violation was committed within its territorial jurisdiction or in (j) Employment - Any service performed by an employee for his employer except:
metro manila, at the option of SSS.
(1) Employment purely casual and not for the purpose of occupation or business of the
In the case example of "self-employed" questions, SSS can actually commence a criminal action employer;
(self-employed person will never(?) sue himself)
(2) Service performed on or in connection with an alien vessel by an employee if he is employed
Appropriate case in the RPC: So employer can actually face 2 cases: 1 is the SS law and the when such vessel is outside the Philippines;
other one in the RPC
(3) Service performed in the employ of the Philippine Government or instrumentality or agency
Venue: No express provision. According to SSS, they have the option. Either they file it at the thereof;
(1)SSC or (2)regular court citing article 28(i). The trend now is they are filed in the regular
courts, RTC passing through the office of the city prosecutor and once it has probable cause then (4) Service performed in the employ of a foreign government or international organization, or
it will go to the RTC. their wholly-owned instrumentality: Provided, however, That this exemption notwithstanding,
any foreign government, international organization or their wholly-owned instrumentality
If jurisdiction is not based on section 28(i), can it be based on section 5? employing workers in the Philippines or employing Filipinos outside of the Philippines, may
- Section 5 talks about dispute, respect to coverage and ETC. But section 5 does not talk enter into an agreement with the Philippine Government for the inclusion of such employees in
about jurisdiction on criminal action and i dont think that the phrase "any other matter" the SSS except those already covered by their respective civil service retirement
can be the basis of such jurisdiction. But we have BP129 that says if jurisdiction in systems: Provided, further, That the terms of such agreement shall conform with the provisions of
criminal cases does not fall within the exclusive jurisdiction of any court tribunal or this Act on coverage and amount of payment of contributions and benefits: Provided, finally, That
body then RTC shall exercise exclusive original jurisdiction. So this one is my own the provisions of this Act shall be supplementary to any such agreement; and
opinion, its not the SSC's but its on RTC based on BP129.
(5) Such other services performed by temporary and other employees which may be excluded by
THE revised rules of SSC(1997) does not define a dispute. regulation of the Commission. Employees of bona fide independent contractors shall not be
Opinion ni sir: a criminal violation is not with SSC deemed employees of the employer engaging the service of said contractors.
IS the consent of SSS required before any criminal case may be filed?
-No. Sec.28(i) Employment services excluded. You can find this also on SS book.
- FOCUS on number 1 and number 5. Ayalde. A closer scrutiny of the records revealed that while Ayalde may not have directly
- Employees of bonafide independent contractor shall not be deemed employees of the imposed on Tana the manner and methods to follow in performing his tasks, she did exercise
employeer engaging the service of the said contractors. (For purposes of the bar, this control through her overseer. Under the circumstances, the relationship between Ayalde and
will be important.) Tana has more of the attributes of employer-employee than that of an independent contractor
- 1. "purely casual employment" and not for the purpose of occupation for business of the hired to perform a specific project.
employee . Page | 7
o The person that is engaged there is actually an employee, but is purely casual SSC vs Rizal Poultry
and not for the purpose of occupation or business of the employee.
Issue: whether res judicata applies to as to preclude the SSC from resolving anew the existence of
case of MANSAL VS. GUCHECO Meaning of number (1). The work of the mechanic is purely er-ee relationship, which issue was previously determined in the NLRC case?
casual because it is not part of the business in the operation of the lumber business.
SC: res judicata in the concept of conclusiveness of judgment applies. The judgment in the
BAR: I think it was a warehouse or building selling merchandise. naguba ang atop because of the NLRC case pertaining
storm and the carpenter is hired to fix the roof.
Q: whether the carpenter should be compulsorily covered? QUESTIONS:
Answer is # 1. It was purely casual employment and the services performed by the - What if there is an NLRC decision?
carpenter are not for the purpose of occupation for business of the employer. - which decision is final and executor?
- But there can be a lot of arguments here. What is purely casual, that is not also defined - In a criminal case violation of the SS law or in the case of RIZAL POULTRY, what is the
under SS law. effect of the SSC?

Agricultural laborer- the finding is also based on the presence of the elements of employer The answer is the same. In the case of Co, the final executory decision was binding on this
employee relationship. criminal case. Take note, the final decision of NLRC came prior to the criminal case.
In like manner in RIZAL POULTRY, there was also a finding of NLRC before the case of SSC.
LAZARO CASE: Is a sales supervisor of a company engaged in the sale of home appliances an
employee of such company? How do you avoid that if you are the lawyer of the employee? Can you do it simultaneously if you
SSC, as upheld by the Court of Appeals, found that Laudato was a sales supervisor and not a mere file a labor case and a criminal case so that regardless of the finding, then at least you will have a
agent. As such, Laudato oversaw and supervised the sales agents of the company, and thus was choice either you will win or probably not. You will probably lose both.
subject to the control of management as to how she implements its policies and its end
results. SC disinclined to reverse this finding, in the absence of countervailing evidence from In SS and Labor, the question is whether or not there is an employer-employee relationship.
Lazaro and also in light of the fact that Laudato's calling cards from Royal Star indicate that she is Issue is money claims. It falls under the jurisdiction of the NLRC. In criminal, not just money
indeed a sales supervisor. claims. So what it safe is to sue simultaneously.

What if the case happened at the SSC 1st? and then you have the final decision of the SSC and
SSS vs CA then here comes the claiming employee filing a labor case against the employer? (Hala! Wa gi-
tubag ni sir, joke, wa man guro ni apil)
Whether or not an agricultural laborer who was hired on "pakyaw" basis can be considered an
employee entitled to compulsory coverage and corresponding benefits under the Social Security COMPULSORY COVERAGE (Memorize!) importance of the word compulsory NO CHOICE
Law. hahahaha

SC: There was no shred of evidence to show that Tana was only a seasonal worker. All witnesses, Even if the household helper requests not to be covered, which normally happens, nganu man?
including Ayalde, testified that Tana and his family resided in the plantation. The only logical maibanan man akoang sweldo ayaw lng deducti noh anyway naa btw para SS ayaw nlng i-deduct.
explanation for this set up was that Tana was working for most part of the year exclusively for Assuming imong gi report, wa nimo gi-deduct, ang employer manubag sa balaod! Dili ang
employee and remember wala rabai relationship. Inig kiha sa employeer sa employee, aw kapapa a social, civil, professional, charitable and other non-profit organization which hire the
ang employer . services of employees are considered employers.

Coverage of Employees Coverage of Self-Employed Persons

a. A private employee who is not over 60 years old A self-employed person, regardless of trade, business or occupation, with an income of
b. A household-helper earning at least P1,000 a month is covered starting Sept. 1, 1993. at least P1,000 a month and not over 60 years old, should register with the SSS. Included but Page
not | 8
A household-helper is any person who renders domestic or household services limited to are the following self-employed persons: self-employed professionals; business
exclusively to a household employer such driver, gardener, cook, governess, and other similar partners, single proprietors and board directors; actors, actresses, directors, scriptwriters and
occupations. news correspondents who do not fall with the term employee; professional athletes, coaches,
c. A Filipino seafarer upon the signing of the standard contract or employment between the trainers and jockeys; farmers and fisherfolks; and workers in the informal sector such cigarette
seafarer and the manning agency which, together with the foreign ship owner, act as employers. vendors, watch-your-car-boys, hospitality girls, among others.
d. An employee of a foreign government, international organization or their wholly-owned
instrumentality based in the Philippines, which entered into an administrative agreement with VOLUNTARY COVERAGE (Memorize!)
the SSS for the coverage of its Filipino workers.
Coverage of Separated Members
Are laborers continuously assigned to construction projects as carpenters, wielders, are A member who is separated from employment or ceased to be self-employed/OFW/non-
compulsory covered? working spouse and would like to continue paying his/her contributions.

Case of CHUA vs CA: there was still an EE-ER relationship, so covered. mao na, probationary Coverage of Overseas Filipino Workers (OFWs)
employees, they are covered under SSS. why? Regardless of the nature of the employment. A Filipino recruited in the Philippines by a foreign-based employer for employment
abroad; having a source of income in the foreign country; and permanent resident in a foreign
EFFECTIVITY: first day of employment. country.

So advice karon sa mga clients. Naay mo sud, ask if you have an SS na. In the same manner in the Coverage of non-working Spouse of SSS Members
criminal case for example, if your client is sued for the violation of the SS law in the fiscals office, A person legally married to a currently employed and actively paying SSS member who
once mo bayad ka sa SS, mo exist na ang SSS but the question there, what is the effect of your devotes full time in the management of household and family affairs may be covered on a
payment kung dunay labor case gifile later on? Because for me, that may be considered as an voluntary basis provided there is approval of the working spouse. The person should never have
admission that there existed an EE-ER relationship. That is practical why? you try to avoid been a member of the SSS. The contributions will be based on 50% of the working spouses last
criminal case. posted monthly salary credit but in no case shall it be lower than P1,000.

The employer is given 30 days from day to employment to the report the employer coverage to EFFECTS OF COVERAGE
the SSS.
Compulsory coverage
Coverage of Employers 1. For an employee on the first day of employment
a. An employer, or any person who uses the services of another person in business, trade, 2. For an employer on the first day the employer hires employee/s.
industry or any undertaking. Employer is given 30 days from date of employment to report the employee for coverage
A social, civil, professional, charitable and other non-profit organization which to SSS.
hire the services of employees are considered employers. 3. For self-employed upon payment of first valid contribution, in case of initial coverage.
b. A foreign government, international organization or its wholly-owned instrumentality
such as embassy in the Philippines, may enter into an administrative agreement with the Voluntary coverage
SSS for the coverage of its Filipino employees. 1. For OFW upon first payment of contribution, in case of initial coverage.
2. For non-working spouse upon first payment of contribution.
3. For separated member on the month the person resumed payment of contribution. member. In the absence of all the foregoing, any other person designated by the member as
his/her secondary beneficiary.
The legal beneficiaries of a member are:
Legally married dependent spouse until he or she remarries; Duties of employee-members
Dependent legitimate, legitimated or legally adopted and illegitimate children.
These two are primary beneficiaries. Among others: Page | 9
Secure SS number
Spouse- common-law relationship has no right to claim. Until he or she remarries ha. Why? Ensure they are reported for coverage by their employers
There is an assumption in law that if there is a separation de facto, the assumption is there is no Pay their monthly share.
more dependence. If they are living together, one is dependent to another. Question here is, what
if one is working? Duties of employer-members

Children- take note, there is also the word "dependent". Dependent, not gainfully employed, not Among others:
yet reached the age of 21 yrs. old. Important phrase here: "not gainfully employed". No definition Require presentation of SS number of prospective employee
here in SS, in GSIS, there is. Report all employees for SS coverage within 30 days from date of employment
Deduct from the employees the monthly SS contributions based on schedule of
If single, benefits will go to dependent parents who are considered secondary beneficiaries. contributions; pat their share of contributions including Employees Compensation and
remit these contributions to SSS or accredited banks within first 10 calendar days
In absence of both primary and secondary, any other person designated by member. following the month when said contributions are due and applicable
Submit a summary of all contributions
Dependents Issue official receipts and maintain official records of employment and deductions
Remit to SSS all salary, educational, stocks investment or privatization loan amortization
(e) Dependents - The dependents shall be the following: of their employees and submit a form
"(1) The legal spouse entitled by law to receive support from the member; Submit a summary of all employees loan amortization
"(2) The legitimate, legitimated or legally adopted, and illegitimate child who is unmarried, not Advance SS and EC sickness benefits once approved by SSS
gainfully employed, and has not reached twenty-one (21) years of age, or if over twenty-one (21) Advance SS maternity benefits due
years of age, he is congenitally or while still a minor has been permanently incapacitated and File for reimbursement for all legally advanced sickness and maternity benefits
incapable of self-support, physically or mentally; and
"(3) The parent who is receiving regular support from the member. Benefits under social security program
Gainful employment?
Covered employees are entitled to a package of benefits under social security and EC in
Beneficiaries the event of death, disability, sickness, maternity, and old-age
Self-employed and voluntary members also get same benefits except those benefits
The legal beneficiaries of members are: under the EC program

(k) Beneficiaries - The dependent spouse until he or she remarries, the dependent legitimate, Sickness Benefit
legitimated or legally adopted, and illegitimate children, who shall be the primary beneficiaries A daily cash allowance paid for the number of days a member is unable to work due to
of the member: Provided, That the dependent illegitimate children shall be entitled to fifty sickness or injury. The amount is equivalent to 90% of the members average daily
percent (50%) of the share of the legitimate, legitimated or legally adopted children: Provided, salary credit.
further, That in the absence of the dependent legitimate, legitimated children of the member, Requirements:
his/her dependent illegitimate children shall be entitled to one hundred percent (100%) of the 1. He is unable to work due to sickness or injury and confined either in a hospital or at
benefits. In their absence, the dependent parents who shall be the secondary beneficiaries of the home for at least 4 days;
Effect of failure or delay in notification
2. He has paid at least 3 months of contributions within the 12-month period If employees notifies beyond period, confinement shall be deemed to have started not
immediately before the semester of sickness/injury earlier than the fifth day = meaning the deadline.
In computing, exclude the semester of sickness. A semester refers to two consecutive If employer notifies beyond period, employer shall be reimbursed only for each day of
quarters ending in the quarter of sickness. A quarter refers to three consecutive months confinement starting from the 10th calendar day immediately preceding the date of
ending March, June, September or December. notification to SSS. Page | 10
Why 10th? Because that is also the deadline given to employees to submit reports to SSS.
3. He has used up all company sick leaves with pay; and If employee notified the employer but the latter failed to notify SSS, employer shall have
Why? Because if there is a company paying, so why will the system pay you? Supposedly, it is the no right to recover the daily sickness allowance advanced.
fact that you will not receive anything from the company due to your inability to work where the Why no right to recover? because in the first place, the employer advances the sickness
system will compensate. benefit equivalent to 90%.

4. He has notified the employer or SSS, if separated, voluntary or self-employed. Prescribed period in filing a claim of a member confined in hospital/home:
Notify employer within 5 calendar days after start of sickness/injury and 1. For hospital, claim for benefit must be filed within 1 year from last day of confinement;
employer must notify SSS within 5 days after receipt of notification. Notice is not 2. For home, 1 year from start of illness.
required if members confinement is in hospital (why? Because it can easily be checked) Failure to file the claim within the prescribed period will result to denial of claim.
or member got sick while working or within company premises. (within the company
premises = the employer is supposed to know that you got sick) Point stressed by Sir: of all the benefits, you have to concentrate on maternity and death. Why
death? You have to know the beneficiaries and there are issues on dependency. Maternity? You
Note: Requirement 2 is very common to all benefits have to know the issues on maternity.

For example (from the guidebook of SSS): SSS member gets sick in October 2006 for 20 days. Maternity Benefit
a. The semester of sickness would be from July 2006 to December 2006. two quarters It is a daily cash allowance granted to female member who was unable to work due to
including the October 2006 childbirth or miscarriage.No marriage requirement.
b. The 12-month period would be from July 2005 to June 2006 (where the six highest It is equivalent to 100% of members average daily salary credit (wala pa niy
monthly salary credits will be chosen). deduction ha?) multiplied by 60 days for normal delivery or miscarriage, 78 days for
It is during the 12-month period where SSS would have to know whether there was payment caesarian section delivery.
of at least three months contribution.
Qualifications for entitlement: (same with sickness)
MSC = Monthly Salary Credits 1. She has paid at least three monthly contributions within the 12-month period
If maglahi2x ug sweldo kay balhin2x ug amo, it is the 6 th highest MSC that will be chosen. immediately preceding the semester of her childbirth or miscarriage
2. She has given the required notification of her pregnancy through her employer if
In no case shall the daily sickness benefit be paid longer than one hundred twenty (120) employed, or to SSS if separated, voluntary or self-employed.
days in one (1) calendar year, nor shall any unused portion of the one hundred twenty (120)
days of sickness benefit granted under this section be carried forward and added to the total For example: SSS member gives birth in December 2006.
number of compensable days allowable in the subsequent year. a. The semester of contingency would be from July 2006 to December 2006.
b. The 12-month period before the semester of contingency would be from July 2005 to
Limit as to number of days (above) because in sickness, the salary credit will have to be June 2006.
multiplied with the number of days that the member gets sick hence the maximum (stated
above). Deliveries covered: (Important aspect)
Only for the first four deliveries or miscarriages shall be paid starting May 24, 1997
(effectivity of RA 8282)
Miscarriages include abortion. SSS website only mentioned abortion, no qualification whether it Who is qualified?
is intentional or unintentional but according to SSS abortion should only cover unintentional.
Why? According to them, there is a criminal responsibility on intentional abortion. A member who suffers partial or total permanent disability with at least one monthly
But is it not that regardless or criminal liability for as long as the facts comply with the contribution paid to the SSS prior to the semester of contingency.
requirements, in (sirs) opinion, it should cover intentional abortion but I have no basis for that.
Because for me, the purpose of SS law is to benefit the employee. What is the purpose of SS law Some partial permanent disabilities: Page | 11
with respect the employer? To oblige the employer because remember the employer does not get one thumb one big toe
anything from the SS law. Employer has a lot of obligations and responsibilities under the SS law. one index finger one hand
one middle finger one arm
Note: Delivery of twins/triplets/quadra/etc. = one delivery only one ring finger one foot
one little finger one leg
Notice required: hearing of one ear one ear
As soon as pregnancy is confirmed, member must notify immediately employer or SSS, if hearing of both ears both ears
unemployed, etc. and probable date of childbirth at least 60 days from date of conception. sight of one eye
Employer must in turn notify SSS after receipt of notification. Failure to observe the rule may
result in denial. Some total permanent disabilities:
1. Complete loss of sight of both eyes
Can a member apply for sickness benefit if she has been paid maternity benefit? 2. Loss of two limbs at or above the ankles or wrists
No, because as a rule, no member can be entitled to two benefits for the same period. 3. Permanent complete paralysis of two limbs
4. Brain injury resulting to incurable imbecility or insanity
Disability Benefit 5. Such cases as determined and approved by SSS
Disability any restriction or lack (lack from impairment) of ability to perform an activity in the
manner or within the range considered normal for a human being. ORTEGA VS SSC
Impairment any loss or abnormality of psychological, physiological, or anatomical structure or
function. -Claims under the Labor Code for compensation and under the Social Security Law for benefits
are not the same as to their nature and purpose.
There is a difference on disability between the SS law and the Labor code. -On the one hand, the pertinent provisions of the Labor Code govern compensability of work-
On SS law, what is important is the part of the body that gets injured, so you have related disabilities or when there is loss of income due to work-connected or work-aggravated
partial permanent and total permanent. injury or illness.
Labor code, there can be total or permanent disability as a result of the injury, the -On the other hand, the benefits under the Social Security Law are intended to provide insurance
employee is unable to perform any gainful occupation or continuous feat exceeding 120 or protection against the hazards or risks of disability, sickness, old age or death, inter alia,
days regardless of whether he loses the use of any of his body parts. Labor code is on the irrespective of whether they arose from or in the course of the employment.
PERIOD. -And unlike under the Social Security Law, a disability is total and permanent under the Labor
The salient difference is the nature and purpose because under the labor code, it is to Code if as a result of the injury or sickness the employee is unable to perform any gainful
compensate work related disabilities. Under SS, regardless whether or not it is a work related occupation for a continuous period exceeding 120 days regardless of whether he loses the use of
disability. any of his body parts.

Can you claim under both? There is no prohibition and in fact, each system is governed by Types of disability benefits:
different contributions. SS: it is a shared responsibility, employer and employee contributes. Monthly pension cash benefit paid to a disabled member who has paid at least 36
Labor code: under employees compensation, only the employer contributes. monthly contributions to the SSS prior to the semester of disability.
In addition to monthly pension, supplemental allowance of P500 is paid to the total or
partial disability pensioner.
Lump sum amount granted to those who have not paid the required 36 monthly If you work 63, 64, what happens to pension? Same as disability, suspended (madugay ka,
contributions. nagpension ka nagbayad pa jud ka sa system) but at the age of 65, hunong na ka, because 65 is
-normally lesser if you compute it as a whole just like retirement. mandatory.
- Those working above 65 are no longer covered by SS but they are receiving pension at
Is monthly pension for life? the same time, some employers are paying them salaries.
The member who suffers from permanent total disability shall receive monthly pension Page | 12
for life. However, the said monthly pension shall be suspended: (1) if he recovers from his Dycaico v SSS (not applicable anymore ingun si sir)
permanent total disability; (2) if he resumes employment; (3) if he fails to report for annual
physical exam upon notice by SSS. Domiciliary service (if member is unable to report to SSS for Bonifacio S. Dycaico, member of the SSS, In his self-employed data record, he named the
exam) can be requested. petitioner, Elena P. Dycaico, and their eight children as his beneficiaries. At that time,
Bonifacio and Elena lived together as husband and wife without the benefit of marriage.
The member who suffers from permanent partial disability shall receive his monthly In June 1989, Bonifacio was considered retired and began receiving his monthly pension
pension for the duration of a certain number of months assessed based on the degree of his from the SSS. He continued to receive the monthly pension until he passed away on June
disability. 19, 1997. A few months prior to his death, however, Bonifacio married the petitioner on
January 6, 1997.
Prescriptive period in filing a disability claim: (Take note of this) Shortly after Bonifacio's death, the petitioner filed with the SSS an application for
survivor's pension. Her application, however, was denied on the ground that under
10 years from the date of occurrence of disability. (employee filing claims against the Section 12-B(d) of Republic Act (Rep. Act) No. 8282 or the Social Security Law 2 she
system) could not be considered a primary beneficiary of Bonifacio as of the date of his
In order to contextualize, the other prescriptive period is section 22: claims against the employer Sec. 12-B. Retirement Benefits. xxx xxx xxx
= 20 years (employee filing claims against employer) (d) Upon the death of the retired member, his primary beneficiaries as of the date of
his retirement shall be entitled to receive the monthly pension. . . .
In the SS website, since the law is silent as to the period on retirement and death and maternity =
no prescribed period. Does it follow that section 22 would apply (20 years)? NOT necessarily -SSC opined that under Section 12-B(d) of Rep. Act No. 8282, the primary beneficiaries who are
since section 22 is a claims against the EMPLOYER i.e. (employer was not able to report). entitled to survivor's pension are those who qualify as such as of the date of retirement of the
- According to SS Commission, the other benefits not covered, it is IMPRESCRIPTIBLE, deceased member. Hence, the petitioner, who was not then the legitimate spouse of Bonifacio as
that is if you have complied with the notices of requirement. of the date of his retirement, could not be considered his primary beneficiary.

Retirement Benefit SC: The proviso "as of the date of his retirement" in Section 12-B(d) of Rep. Act No. 8282, which
qualifies the term "primary beneficiaries," is unconstitutional for it violates the due process and
It is a cash benefit either in monthly pension or lump sum paid to a member who can no equal protection clauses of the Constitution.
longer work due to old age.
Due process:
Two types: optional (60) or mandatory (65) The proviso "as of the date of his retirement" in Section 12-B(d) of Rep. Act No. 8282 runs afoul
One element in common: payment of monthly contributions of the due process clause as it outrightly deprives the surviving spouses whose respective
marriages to the retired SSS members were contracted after the latter's retirement of their
Who may qualify? survivor's benefits. There is outright confiscation of benefits due such surviving spouses without
1. A member who is 60 years old, separated from employment or ceased to be self- giving them an opportunity to be heard.
employed, and has paid at least 120 monthly contributions prior to the semester of retirement.
2. A member who is 65 years old whether employed or not and has paid at least 120 Equal protection:
monthly contributions prior to the semester of retirement. Results in the classification of dependent spouses as primary beneficiaries into two groups:
(1) Those dependent spouses whose respective marriages to SSS members were
contracted prior to the latter's retirement; and Who is entitled to the social security benefits of a Social Security System (SSS) member who was
(2) Those dependent spouses whose respective marriages to SSS members were survived not only by his legal wife, but also by two common-law wives with whom he had six
contracted after the latter's retirement. children?

For Underground Mineworkers: Page | 13

-In the case at bar, the existence of a prior subsisting marriage between the deceased and Editha
1. Has reached the age of 55 years old and is an underground mineworker for at least 5 is supported by substantial evidence. Petitioner, who has fully availed of her right to be heard,
years (either continuous or accumulated) prior to the semester of retirement but whose actual only relied on the waiver of Editha and failed to present any evidence to invalidate or otherwise
date of retirement is not earlier than March 13, 1998; separated from employment or in the case controvert the confirmed marriage certificate registered under LCR Registry No. 2083 on 21
of self-employed, has ceased self-employment, and has paid at least 120 monthly contributions November 1967. She did not even try to allege and prove any infirmity in the marriage between
prior to the semester of retirement. the deceased and Editha.
2. has reached the age of 60 years old whether employed or not and has paid at least 120
monthly contributions prior to the semester of retirement. -SSC found (affirmed by CA and SC) based on the SSS field investigation report that even if Editha
was the legal wife, she was not qualified to the death benefits since she herself admitted that she
Types of retirement benefits: was not dependent on her deceased husband for support inasmuch as she was cohabiting with a
1. Monthly pension certain Aquilino Castillo.
2. Lump sum amount
Aside from retirement benefit, retiree is entitled to a 13 th month pension payable every -Resolving the determinative question of who between petitioner and the illegitimate children of
December. All retiree pensioners prior to effectivity of RA 7875 on March 4, 1995 are the deceased are the primary beneficiaries lawfully entitled to the social security benefits
automatically considered members of PhilHealth and he and his legal dependents are entitled to accruing by virtue of the latter's death, CA held that based on Section 8 (e) of R.A. No. 8282, a
its hospitalization benefits. surviving spouse claiming death benefits as a dependent must be the legal spouse. Petitioner's
presentation of a marriage certificate attesting to her marriage to the deceased was futile,
Death Benefit according to the appellate court, as said marriage is null and void in view of the previous
It is a cash benefit either in monthly pension or lump sum paid to the beneficiaries of a marriage of the deceased to Editha as certified by the Local Civil Registrar of Cebu City.
deceased member. -The appellate court also held that the law is clear that for a child to be qualified as dependent, he
must be unmarried, not gainfully employed and must not be 21 years of age, or if over 21 years of
Types of death benefit: age, he is congenitally or while still a minor has been permanently incapacitated and incapable of
1. Monthly pension self-support, physically or mentally. And in this case, only the illegitimate children of the
2. Lump sum amount deceased with Gina namely, Ginalyn and Rodelyn, are the qualified beneficiaries as they were still
minors at the time of the death of their father. Considering petitioner is disqualified to be a
Beneficiaries: (take note and do not forget the age) beneficiary and the absence of any legitimate children of the deceased, it follows that the
Primary: (1) Legitimate dependent spouse until the person remarries; (2) dependent dependent illegitimate minor children of the deceased should be entitled to the death benefits as
legitimate, legitimated or legally adopted and illegitimate children who are not yet 21 years old. primary beneficiaries.
Secondary: In the absence of primary, dependent parents.
In their absence, any other person designated by member in record. Technically, the -Whoever claims entitlement to the benefits provided by law should establish his or her right
state can be a beneficiary but that is remote. thereto by substantial evidence. Since petitioner is disqualified to be a beneficiary and because
the deceased has no legitimate child, it follows that the dependent illegitimate minor children of
When RA 1161(1954) was amended in 1997, Congress did not amend age supposedly to conform the deceased shall be entitled to the death benefits as primary beneficiaries. The SSS Law is clear
with the Family Code. that for a minor child to qualify as a "dependent, the only requirements are that he/she must be
below 21 years of age, not married nor gainfully employed.
-In this case, the minor illegitimate children Ginalyn and Rodelyn were born on 13 April 1996
Signey vs SSS and 20 April 2000, respectively. Had the legitimate child of the deceased and Editha survived and
qualified as a dependent under the SSS Law, Ginalyn and Rodelyn would have been entitled to a In addition to death benefit, beneficiaries are entitled to 13th month pension payable
share equivalent to only 50% of the share of the said legitimate child. Since the legitimate child of every December and funeral benefit expenses which is paid to whoever shouldered the funeral
the deceased predeceased him, Ginalyn and Rodelyn, as the only qualified primary beneficiaries expenses of the deceased member. Funeral grant is P20,000 (effective Sept. 1, 2000).
of the deceased, are entitled to 100% of the benefits.
If deceased member is survived by legitimate, legitimated or legally adopted and
Member survived by two common law wives with 6 children. Beneficiary: legally married. illegitimate children, how is monthly pension to be divided? Page | 14
Legally and legitimate spouse until the member remarries; so common law wives cannot be If survived by less than five, the illegitimate minor children will be entitled to 50% of the
beneficiaries. share of the legitimate, legitimated or legally adopted and 100% of the dependents pension
(equivalent to 10% of the members monthly pension or P250 whichever is higher). Only five
Question: common-law wife but not staying in the same house = doesnt matter as long as it is a minor children, beginning from the youngest, are entitled to dependents pension. When there
ROMANTIC RELATIONSHIP. are more than 5, the legitimate, legitimated or legally adopted shall be preferred. Among the
three, walay g.ingon kinsay priority.
Take note: the law uses the word REMARRIES but SS Commission interprets this to include
common-law relationships. That is why at present, the surviving spouse is not supposed to For how long will the dependent child receive the pension?
receive the check. He has to inform the SSS if naminyo na xa or naa xay kapuyo. When the child reaches 21 years old, gets married, gets employed or dies. However,
the dependents pension is granted for life to children who are over 21 years old, provided they
Under the labor code, attorneys fees is 10% in the claims; SS law, you cannot charge, there is a are incapacitated and incapable of self-support due to physical or mental disability which is
prohibition no fee shall be charged ANY FEE. In the first place you have the option for SSS to be congenital and acquired during minority.
the claimant.
SSS vs De los Santos (impt: take note daw)
SSS 10.4% of the monthly salary credit not exceeding P15,000 and payable by both employer
The obvious conclusion then is that a wife who is already separated de facto from her (7.07%) and employee (3.33%) effective Jan. 1, 2007.
husband cannot be said to be "dependent for support" upon the husband, absent any EC Starting Jan. 1, 2007, P10 for a monthly salary credit of P14,500 and below and P30 for
showing to the contrary. Conversely, if it is proved that the husband and wife were still employees with an MSC of P15,000 and payable only by employer.(work related injury only).
living together at the time of his death, it would be safe to presume that she was
dependent on the husband for support, unless it is shown that she is capable of SS NUMBER
providing for herself.
Respondent herself admits that she left the conjugal abode on two (2) separate The SS number assigned to a member is the lifetime number and must always be used
occasions, to live with two different men. The first was in 1965, less than one year after in all transactions with the SSS. The member should not secure another number at any other
their marriage, when she contracted a second marriage to Domingo Talens. The second time.
time she left Antonio was in 1983 when she went to the US, obtained a divorce, and later If the member wishes to secure another SS card and cannot remember the SS number, it
married an American citizen. is advisable to inquire from the SSS servicing branch.
In fine, these uncontroverted facts remove her from qualifying as a primary beneficiary If a member has more than one SS number, this will cause delay in processing of the
of her deceased husband. claim for benefits or loans in the future. Thus, it is important that a member should have only one
SS number. Therefore, he/she should write or visit the SSS servicing branch to request for the
Take note of the minor (below 21 ha) childrens monthly pension. cancellation of the other number/s and consolidation of all of the contributions under the
retained number. From then on, the retained number should be used in all transactions with the
Monthly pension depends on members paid contributions, including the credited years of SSS.
service (CYS) and the number of dependent minor children but not to exceed five. Beginning
from youngest.


But if you are an employer and an employee, you will have two different numbers (i.e. Sirs
situation). What is the purpose of the employers number? For convenience of the benefits for In this case, aside from Teresas bare allegation that she was dependent upon her husband for
the employee. support and her misplaced reliance on the presumption of dependency

RIGHT TO INSTITUTE Who are liable and what are the penalties.
Page | 15
Sec. 22 - The right to institute the necessary action against the employer may be commenced Selective Penal Clauses:
within twenty (20) years from the time the delinquency is known or the assessment is made by
the SSS, or from the time the benefit accrues, as the case may be.-not apply to criminal violation Who can file?
Disability benefit- 10 years prescription (b)Obtain or receive any money or check without being entitled with intent to defraud any
Sickness- one year from discharge if hospital, on year from sickness if home member or employees.
Example-employee not reported, contribution, penalty under SS commission. Ex- widowed and without reporting new marriage. Kadtong mga surviving spouses engaged in
common-law relationships, cge japon ug dawat, you fall under here.
Lo vs. CA (i) Criminal action arising from a violation of the provisions of this Act may be commenced by
the SSS or the employee concerned either under this Act or in appropriate cases under the
Start work 1957 Revised Penal Code: Provided, That such criminal action may be filed by the SSS in the city or
Discovered 1985 municipality where the SSS office is located, if the violation was committed within its territorial
Filed a case 1985 jurisdiction or in Metro Manila, at the option of the SSS.
(e) fails or refuses to comply with the provisions, refusal to register employees, failure to deduct
According to Lo, prescribed when it was filed on 1985 because sugod trabaho, that should have for sss contribution remittance. For those employer who did not report employees within 30
been when payment was due. 85 57, more than 20 years. days.
(h) employer who after deducting fails to remit, presumption is misappropriation pursuant to
SC: it should be reckoned on the day of discovery which is timely. Article 315 of the RPC, fails to remit within 30 days from the date it became due.

SSS vs Favila Garcia vs SSC

Teresa was separated from Florante (member). Pagkamatay ni Florante, si Teresa ang ni.claim. -SSC found Garcia, the sole surviving director of Impact Corporation, petitioner herein, liable for
There were two allegations: unremitted SSS contributions.
1) Teresa in an illicit relationship Issue is whether or not petitioner, as the only surviving director of Impact Corporation, can be
SC: it hasnt been proven made solely liable for the corporate obligations of Impact Corporation pertaining to unremitted
2) Is Teresa dependent? SSS premium contributions and penalties therefore.
SC: Separation de facto (no need for a court order), therefore it is presumed that you - Petitioner challenges the finding of the Court of Appeals that under Section 28 (f) of the Social
are not dependent. It is incumbent upon Teresa to prove that she was dependent to Security Law, a mere director or officer of an employer corporation, and not necessarily a
Florante. "managing" director or officer, can be held liable for the unpaid SSS premium contributions.
What is the proof required? Mere affidavits: reputable disinterested persons who have - Section 28 (f) of the Social Security Law provides the following:
knowledge that during their separation, she does not have known trade, business, etc.. If (f) If the act or omission penalized by this Act be committed by an association,
walay muperma ug affidavits kay nagtrabaho, then it is the burden of the claimant to partnership, corporation or any other institution, its managing head, directors or partners
prove that even if he/she is earning an income, the income is not sufficient to support shall be liable to the penalties provided in this Act for the offense. (very interesting provision
him/her pursuant to Family Law on Support. daw)

SC: a spouse who claims entitlement to death benefits as primary beneficiary under the SSL must SC:
establish 2 qualifying factors, to wit: 1.
This Court though finds no need to resort to statutory construction. Section 28 (f) of the Social -G.kiha si Panlilio et al: violation of SS law with RTC branch 51 of Manila
Security Law imposes penalty on: -branch 24, there was a petition for suspension of payments and rehabilitation
(1) the managing head; -so when the RTC 24 issued an order, they used the order to file a motion to suspend
(2) directors; or proceedings.
(3) partners, for offenses committed by a juridical person
The said provision does not qualify that the director or partner should likewise be a "managing SC: the rehabilitation of SIHI and the settlement of claims against the corporation is not a legalPage | 16
director" or "managing partner. The law is clear and unambiguous ground for the extinction of petitioners criminal liabilities. It has a different purpose which is to
punish the offender. It would be absurd for one who is engaged in a criminal conduct to escape
Although a corporation once formed is conferred a juridical personality separate and distinct punishment by mere filing of a petition for rehabilitation by corporation of which he is an officer.
from the persons comprising it, it is but a legal fiction introduced for purposes of convenience
and to subserve the ends of justice. The concept cannot be extended to a point beyond its reasons SOCIAL SECURITY COMMISSION
and policy, and when invoked in support of an end subversive of this policy, will be disregarded
by the courts. Composed of the Secretary of Labor and Employment or his duly designated
undersecretary, the SSS president and seven (7) appointive members, three (3) of whom shall
Mendoza vs People represent the workers group, at least one of whom shall be a woman; three (3), the employers
group, at least one (1) of whom shall be a woman; and one (1), the general public whose
The info charging the petitioner reads: charged as proprietor representative shall have adequate knowledge and experience regarding social security, to be
Mendoza: I am not the managing head, not the director, I am the proprietor. Charge should be appointed by the President of the Philippines.
quashed, facts do not constitute an offense.
To carry out the purposes of this Act, the Social Security System, hereinafter
SC: the term managing head in Sec. 28 (broadest connotation, even if you are the president, you referred to as SSS, a corporate body, with principal place of business in Metro Manila,
cannot escape liability) Philippines is created.
The System shall be directed and controlled by the SSC.
Tan vs Ballena
Any dispute arising under RA 8282 with respect to coverage, benefits, contributions and
In answer to criminal complaint for violation of SS law, petitioners interposed the defenses of penalties thereon or any other matter related thereto, shall be cognizable by the Commission,
lack of criminal intent and good faith as their failure to remit was brought about by alleged and any case filed with respect thereto shall be heard by the Commission, or any of its members,
economic difficulties, and they have already agreed to settle their obligations with the SSS or by hearing officers duly authorized by the Commission and decided within twenty (20) days
through a memorandum of agreement to pay in installments. after the submission of the evidence. The filing, determination and settlement of disputes shall be
governed by the rules and regulations promulgated by the Commission.
SC: As held by the Court of Appeals, the claims of good faith and absence of criminal intent for the
petitioners' acknowledged non-remittance of the respondents' contributions deserve scant
consideration. The violations charged in this case pertain to the SSS Law, which is a special law.
As such, it belongs to a class of offenses known as mala prohibita.

In your corporation law, if there is a petition for rehabilitation and there is an order issued by the
court handling the rehab case finding the petition sufficient in substance and thereby suspends
all claims,
Is the suspension of all claims as an incident to a corporate rehabilitation a valid defense?
I sometimes look into the face of my dog Stan and see a wistful sadness and existential angst, when all he is actually
Panililio et al vs RTC-51, City of Manila et al (another interesting case) doing is slowly scanning the ceiling for flies. Merrill Markoe