SLIDE 1 History of SSS Introduction The concept of social security evolved from an age-old search of man for protect

ion against poverty, which breeds grave social ills that not only threaten his s urvival but also erode his sense of human dignity. It, therefore, becomes the du ty of the State to operate a mechanism that would provide such protection to its people. Legislative History On Jan. 26, 1948, Pres. Manuel A. Roxas proposed a bill seeking to establish a s ocial security system for wage earners and low-salaried employees. This was reco mmended to Congress in his State of the Nation Address. After the death of President Roxas, Pres. Elpidio Quirino created the Social Sec urity Study Commission on July 7, 1948. The creation of the Commission was his f irst official act upon his assumption to office. Based on the report of the Stud y Commission, a draft of the Social Security Act was submitted to Congress. In 1954, Rep. Floro Crisologo, Senators Cipriano Primicias and Manuel Briones in troduced bills based on the report of the Social Security Study Commission in th e House of Representatives and in the Senate. These bills were consolidated and enacted into Republic Act (RA) 1161, better known as the Social Security Act of 1954. However, business and labor groups objected to the Social Security Act resulting in a deferment of its implementation. In 1957, amendatory bills were presented in Congress. These bills were the bases of RA 1792, which amended the original Social Security Act. On Sep. 1, 1957, the Social Security Act of 1954 or the Social Security Law (SS Law) was finally implemented, marking a significant milestone in the social secu rity program. Thus, with the implementation of the SS law, the government also adopted the soc ial insurance approach to social security, covering the employed segment of the labor force in the private sector. In 1993, household helpers earning at least P 1,000 were included in the compulsory coverage of employees. In 1980, some groups of self-employed persons were also required to contribute t o the social security fund from which benefits are paid upon the occurrence of a contingency provided by law. Self-employed farmers and fisherfolks were include d in the program in 1992, while workers in the informal sector earning at least P1,000 a month such as ambulant vendors and watch-your-car boys, were covered in 1995. The Social Security System (SSS) administers social security protection to worke rs in the private sector. On the other hand, the Government Service Insurance Sy stem (GSIS) takes care of workers in the public sector. Programs of SSS The SSS administers two programs namely: 1. The Social Security Program; and 2. The Employees? Compensation Program (EC). Social Security provides replacement income for workers in times of death, disab ility, sickness, maternity and old age. On May 1, 1997, Pres. Fidel V. Ramos signed RA 8282, further strengthening the S SS. Also known as the Social Security Act of 1997, it amended RA 1161, providing for better benefit packages, expansion of coverage, flexibility of investments, stiffer penalties for violators of the law, condonation of penalties of delinqu ent employers and the establishment of a voluntary provident fund for members.

The EC program, started in 1975, provides double compensation effective June 198 4 to the worker when the illness, death, or accident occurs during work-related activities. EC benefits are granted only to members with employers other than th emselves. SSS used to administer the Medicare program for hospitalization and other medica l needs of the private sector workers; and the Government Service Insurance Syst em (GSIS), for the public sector workers. However, with the passage of Republic Act 7875 or the National Health Insurance Act of 1995, the SSS and GSIS transfer red the administration of the Medicare program to the Philippine Health Insuranc e Corporation (PhilHealth) for an integrated and comprehensive approach to healt h development effective July 1999. SSS retirement, death, and total disability pensioners prior to the effectivity of RA 7875 on March 4, 1995 are entitled to hospitalization benefits under PhilHealth. Pensioners upon the effectivity of RA 7875 on March 4, 1995 and thereaft er are no longer covered except when they meet the qualification requirements se t by Phil-Health. SLIDE 2 Social Security System Policy It is the policy of the State to establish, develop, promote and perfect a sound and viable tax-exempt social security system suitable to the needs of the people throughout the Philippines which shall promote social justice and provide meani ngful protection to members and their families against the hazards of disability , sickness, maternity, old-age, death and other contingencies resulting in loss of income or financial burden. (Sec. 2, RA 8282) Effectivity: May 24, 1997 Vision Viable protection through generations. Universal protection provided to all residents of the Philippines, citizens and non-citizens alike, regardless of creed, gender, age, geographic location and ec onomic status, especially the disadvantaged. Equitable - fair and uniform coverage to all; benefits shall be meaningful and a ble to sustain a decent standard of living. World-class service - prompt, accurate and courteous service shall be provided. Compulsory Coverage Coverage of Employees a. A private employee who is not over 60 years old b. A household-helper earning at least P1,000 a month is covered starting Sept. 1, 1993. A household-helper is any person who renders domestic or household services excl usively to a household employer such driver, gardener, cook, governess, and othe r similar occupations. c. A Filipino seafarer upon the signing of the standard contract or employment b etween the seafarer and the manning agency which, together with the foreign ship owner, act as employers. d. An employee of a foreign government, international organization or their whol ly-owned instrumentality based in the Philippines, which entered into an adminis trative agreement with the SSS for the coverage of its Filipino workers. Coverage of Employers a. An employer, or any person who uses the services of another person in bu siness, trade, industry or any undertaking. A social, civil, professional, charitable and other non-profit organization whic h hire the services of employees are considered employers.

b. A foreign government, international organization or its wholly-owned instrume ntality such as embassy in the Philippines, may enter into an administrative agr eement with the SSS for the coverage of its Filipino employees. Coverage of Self-Employed Persons A self-employed person, regardless of trade, business or occupation, with an inc ome of at least P1,000 a month and not over 60 years old, should register with t he SSS. Included but not limited to are the following self-employed persons: sel f-employed professionals; business partners, single proprietors and board direct ors; actors, actresses, directors, scriptwriters and news correspondents who do not fall with the term employee; professional athletes, coaches, trainers and jock eys; farmers and fisherfolks; and workers in the informal sector such cigarette vendors, watch-your-car-boys, hospitality girls, among others. RP v. Asiapro Cooperative Respondent Asiapro, as a cooperative, is composed of owners-members. Its primary objectives are to provide savings and credit facilities and to develop other li velihood services for its owners-members. In the discharge of the aforesaid primary objectives, respondent cooperative ent ered into several Service Contracts with Stanfilco a division of DOLE Philippine s, Inc. and a company based in Bukidnon. The owners-members do not receive compe nsation or wages from the respondent cooperative. Instead, they receive a share in the service surplus which the respondent cooperative earns from different are as of trade it engages in, such as the income derived from the said Service Cont racts with Stanfilco. The owners-members get their income from the service surpl us generated by the quality and amount of services they rendered, which is deter mined by the Board of Directors of the respondent cooperative. In order to enjoy the benefits under the Social Security Law of 1997, the owners -members of the respondent cooperative, who were assigned to Stanfilco requested the services of the latter to register them with petitioner SSS as self-employe d and to remit their contributions as such SSS sent a letter to Asiapro that based on the Service Contracts it executed wit h Stanfilco, respondent cooperative is actually a manpower contractor supplying employees to Stanfilco and for that reason, it is an employer of its owners-memb ers working with Stanfilco. Thus, respondent cooperative should register itself with petitioner SSS as an employer and make the corresponding report and remitta nce of premium contributions in accordance with the Social Security Law Who should determine e-e? Since the existence of an employer-employee relationship between the respondent cooperative and its owners-members was put in issue and considering that the com pulsory coverage of the SSS Law is predicated on the existence of such relations hip, it behooves the petitioner SSC to determine if there is really an employeremployee relationship that exists between the respondent cooperative and its own ers-members. The question on the existence of an employer-employee relationship is not within the exclusive jurisdiction of the National Labor Relations Commission (NLRC). A rticle 217 of the Labor Code enumerating the jurisdiction of the Labor Arbiters and the NLRC provides that: ART. 217. JURISDICTION OF LABOR ARBITERS AND THE COMMISSION. (a) . . . . xxx xxx xxx 6. Except claims for Employees Compensation, Social Security, Medic are and maternity benefits, all other claims, arising from employer-employee rel ations, including those of persons in domestic or household service, involving a n amount exceeding five thousand pesos (P5,000.00) regardless of whether accompa nied with a claim for reinstatement. Although the aforesaid provision speaks merely of claims for Social Security, it would necessarily include issues on the coverage thereof, because claims are un deniably rooted in the coverage by the system. Hence, the question on the existe nce of an employer-employee relationship for the purpose of determining the cove rage of the Social Security System is explicitly excluded from the jurisdiction

of the NLRC and falls within the jurisdiction of the SSC which is primarily char ged with the duty of settling disputes arising under the Social Security Law of 1997. In determining the existence of an employer-employee relationship, the following elements are considered: (1) the selection and engagement of the workers; (2) t he payment of wages by whatever means; (3) the power of dismissal; and (4) the p ower to control the worker's conduct, with the latter assuming primacy in the ov erall consideration. The most important element is the employer's control of the employee's conduct, not only as to the result of the work to be done, but also as to the means and methods to accomplish. All elements are present in this case. First. It is expressly provided in the Service Contracts that it is the responde nt cooperative which has the exclusive discretion in the selection and engagemen t of the owners-members as well as its team leaders who will be assigned at Stan filco. Second. The weekly stipends or the so-called shares in the service surplus given by the respondent cooperative to its owners-members were in reality wages, as t he same were equivalent to an amount not lower than that prescribed by existing labor laws, rules and regulations, including the wage order applicable to the ar ea and industry; or the same shall not be lower than the prevailing rates of wag es. It cannot be doubted then that those stipends or shares in the service surpl us are indeed wages, because these are given to the owners-members as compensati on in rendering services to respondent cooperative's client, Stanfilco Third. It is also stated in the above-mentioned Service Contracts that it is the respondent cooperative which has the power to investigate, discipline and remov e the owners-members and its team leaders who were rendering services at Stanfil co. Fourth. It is the respondent cooperative which has the sole control over the man ner and means of performing the services under the Service Contracts with Stanfi lco as well as the means and methods of work. Also, the respondent cooperative i s solely and entirely responsible for its owners-members, team leaders and other representatives at Stanfilco. SSS v. CA Whether or not an agricultural laborer who was hired on "pakyaw" basis can be co nsidered an employee entitled to compulsory coverage and corresponding benefits under the Social Security Law. SC: There was no shred of evidence to show that Tana was only a seasonal worker. All witnesses, including Ayalde, testified that Tana and his family resided in the plantation. The only logical explanation for this set up was that Tana was worki ng for most part of the year exclusively for Ayalde. A closer scrutiny of the re cords revealed that while Ayalde may not have directly imposed on Tana the manne r and methods to follow in performing his tasks, she did exercise control throug h her overseer. Under the circumstances, the relationship between Ayalde and Tan a has more of the attributes of employer-employee than that of an independent co ntractor hired to perform a specific project. Lazaro v. SSC Is a sales supervisor of a company engaged in the sale of home appliances an emp loyee of such company? SSC, as upheld by the Court of Appeals, found that Laudato was a sales superviso r and not a mere agent. As such, Laudato oversaw and supervised the sales agents of the company, and thus was subject to the control of management as to how she implements its policies and its end results. SC disinclined to reverse this fin ding, in the absence of countervailing evidence from Lazaro and also in light of the fact that Laudato's calling cards from Royal Star indicate that she is inde ed a sales supervisor. SSC v. Alba

Whether an administrator could be considered an employer? Yes. Far Alba was no ordinary administrator. He was no less than the son of the hacie nda's owner and as such he was an owner-in-waiting prior to his father's death. Lamboso testified that he was selected and his services were engaged by Far Alba himself. Corollarily, Far Alba held the prerogative of terminating Lamboso's em ployment. Lamboso also testified in a direct manner that he had been paid his wa ges by Far Alba. This testimony was seconded by Lamboso's co-worker. Not to be forgotten is the definition of an employer under Article 167 (f) of th e Labor Code which deals with employees' compensation and state insurance fund. It defines a person as "any individual, partnership, firm, association, trust, c orporation or legal representative thereof". Plainly, Far Alba, as the hacienda administrator, acts as the legal representative of the employer and is thus an e mployer within the meaning of the law liable to pay the SS contributions. Voluntary Coverage Coverage of Separated Members A member who is separated from employment or ceased to be self-employed/OFW/nonworking spouse and would like to continue paying his/her contributions. Coverage of Overseas Filipino Workers (OFWs) A Filipino recruited in the Philippines by a foreign-based employer for employme nt abroad; having a source of income in the foreign country; and permanent resid ent in a foreign country. Coverage of non-working Spouse of SSS Members A person legally married to a currently employed and actively paying SSS member who devotes full time in the management of household and family affairs may be c overed on a voluntary basis provided there is approval of the working spouse. Th e person should never have been a member of the SSS. The contributions will be b ased on 50% of the working spouses last posted monthly salary credit but in no ca se shall it be lower than P1,000. Effectivity of coverage Compulsory coverage 1. For an employee on the first 2. For an employer on the first Employer is given 30 days from for coverage to SSS. 3. For self-employed upon payment of l coverage.

day of employment day the employer hires employee/s. date of employment to report the employee first valid contribution, in case of initia

Voluntary coverage 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 contribu tion. Legal Dependents of Member The legal beneficiaries of a member are: Legally married dependent spouse until he or she remarries; Dependent legitimate, legitimated or legally adopted and illegitimate children. These two are primary beneficiaries. If single, benefits will go to dependent parents who are considered seco ndary beneficiaries. In absence of both primary and secondary, any other person designated by member. Dependents (1) The legal spouse entitled by law to receive support from the member; (2) The legitimate, legitimated or legally adopted, and illegitimate child who is unmarried, not gainfully employed, and has not reached twenty-one (21) years of

age, or if over twenty-one (21) years of age, he is congenitally or while still a minor has been permanently incapacitated and incapable of self-support, physi cally or mentally; and (3) The parent who is receiving regular support from the member SSS v. Bailon Clemente G. Bailon (Bailon) and Alice P. Diaz (Alice) contracted marriage in Bar celona, Sorsogon. More than 15 years later, Bailon filed before the then Court of First Instance ( CFI) of Sorsogon a petition to declare Alice presumptively dead. By Order, the CFI granted the petition. Close to 13 years after his wife Alice was declared presumptively dead, Bailon c ontracted marriage with Teresita Jarque (respondent) in Casiguran, Sorsogon. Bailon, who was a member of the Social Security System (SSS) since 1960 and a re tiree pensioner thereof, died. Respondent thereupon filed a claim for funeral benefits, and was granted P12,000 by the SSS Cecilia Bailon-Yap (Cecilia), who claimed to be a daughter of Bailon and one Eli sa Jayona (Elisa) contested before the SSS the release to respondent of the deat h and funeral benefits. She claimed that Bailon contracted three marriages in hi s lifetime, the first with Alice, the second with her mother Elisa, and the thir d with respondent, all of whom are still alive; she, together with her siblings, paid for Bailon's medical and funeral expenses; and all the documents submitted by respondent to the SSS in support of her claims are spurious SSS cancelled the pension. Respondent protested asserting that her marriage with Bailon was not declared be fore any court of justice as bigamous or unlawful, hence, it remained valid and subsisting for all legal intents and purposes as in fact Bailon designated her a s his beneficiary. When raised to SSC, it held that Teresita Jarque-Bailon is not the legitimate sp ouse and primary beneficiary of SSS member Clemente Bailon. SC: That the SSC is empowered to settle any dispute with respect to SSS coverage, be nefits and contributions, there is no doubt. In so exercising such power, howeve r, it cannot review, much less reverse, decisions rendered by courts of law as i t did in the case at bar when it declared that the December 10, 1970 CFI Order w as obtained through fraud and subsequently disregarded the same, making its own findings with respect to the validity of Bailon and Alice's marriage on the one hand and the invalidity of Bailon and respondent's marriage on the other. In interfering with and passing upon the CFI Order, the SSC virtually acted as a n appellate court. The law does not give the SSC unfettered discretion to trifle with orders of regular courts in the exercise of its authority to determine the beneficiaries of the SSS. In the case at bar, as no step was taken to nullify, in accordance with law, Bai lon's and respondent's marriage prior to the former's death in 1998, respondent is rightfully the dependent spouse-beneficiary of Bailon. Employment services excluded 1. Purely casual employment and not for the purpose of occupation or busine ss of the employer 2. Services performed or in connection with an alien vessel by an employee if he/she is employed when such vessel is outside the Philippines 3. Services performed in the employ of the Philippine government 4. Service performed in the employ of a foreign government or international organization, or their wholly-owned instrumentality unless there is an agreemen t with the Philippine Government for the inclusion of such employees in the SSS 5. Such other temporary services performed by temporary employees which may be excluded by regulation. Employees of bona fide independent contractors shall not be deemed employees of the employer engaging the service of said contractor s.

Duties of employee-members Among others: Secure SS number Ensure they are reported for coverage by their employers Pay their monthly share. Duties of employer-members Among others: Require presentation of SS number of prospective employee 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 cont ributions; pat their share of contributions including Employees Compensation and remit these contributions to SSS or accredited banks within first 10 calendar da ys following the month when said contributions are due and applicable Submit a summary of all contributions Issue official receipts and maintain official records of employment and deductio ns Remit to SSS all salary, educational, stocks investment or privatization loan am ortization of their employees and submit a form Submit a summary of all employees loan amortization Advance SS and EC sickness benefits once approved by SSS Advance SS maternity benefits due File for reimbursement for all legally advanced sickness and maternity benefits Benefits under social security program Covered employees are entitled to a package of benefits under social security an d EC in the event of death, disability, sickness, maternity, and old-age Self-employed and voluntary members also get same benefits except those benefit s under the EC program Sickness benefit A daily cash allowance paid for the number of days a member is unable to work du e to sickness or injury. The amount is equivalent to 90% of the members average d aily salary credit. Requirements: 1. He is unable to work due to sickness or injury and confined either in a hospital or at home for at least 4 days; 2. He has paid at least 3 months of contributions within the 12-month period imm ediately before the semester of sickness/injury In computing, exclude the semester of sickness. A semester refers to two consecu tive quarters ending in the quarter of sickness. A quarter refers to three conse cutive months ending March, June, September or December. 3. He has used up all company sick leaves with pay; and 4. He has notified the employer or SSS, if separated, voluntary or selfemployed. Notify employer within 5 calendar days after start of sickness/injury and employ er must notify SSS within 5 days after receipt of notification. Notice is not re quired if members confinement is in hospital or member got sick while working or within company premises. For example: SSS member gets sick in October 2006 for 20 days. a. The semester of sickness would be from July 2006 to December 2006. b. The 12-month period would be from July 2005 to June 2006 (where the six highest monthly salary credits will be chosen). In no case shall the daily sickness benefit be paid longer than one hundred twen ty (120) 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 carr ied forward and added to the total number of compensable days allowable in the s ubsequent year.

Effect of failure or delay in notification If employees notifies beyond period, confinement shall be deemed to have started not earlier than the fifth day. If employer notifies beyond period, employer shall be reimbursed only for each d ay of confinement starting from the 10th calendar day immediately preceding the date of notification to SSS. If employee notified the employer but the latter failed to notify SSS, employer shall have no right to recover the daily sickness allowance advanced. Prescribed period in filing a claim of a member confined in hospital/home: 1. For hospital, claim for benefit must be filed within 1 year from last da y of confinement; 2. For home, 1 year from start of illness. Failure to file the claim within the prescribed period will result to de nial of claim. Maternity Benefit It is a daily cash allowance granted to female member who was unable to work due to childbirth or miscarriage. It is equivalent to 100% of members average daily salary credit multiplied by 60 days for normal delivery pr miscarriage, 78 days for caesarian section delivery. Qualifications for entitlement: 1. She has paid at least three monthly contributions within the 12-month pe riod immediately preceding the semester of her childbirth or miscarriage 2. She has given the required notification of her pregnancy through her emp loyer if employed, or to SSS if separated, voluntary or self-employed. For example: SSS member gives birth in December 2006. 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 Jul y 2005 to June 2006. Deliveries covered: Only for the first four deliveries or miscarriages shall be paid starting May 24 , 1997 (effectivity of RA 8282) Notice required: As soon as pregnancy is confirmed, member must notify immediately employer or SS S, if unemployed, etc. and probable date of childbirth at least 60 days from dat e of conception. Employer must in turn notify SSS after receipt of notification. Failure to observe the rule may result in denial. Can a member apply for sickness benefit if she has been paid maternity benefit? No, because as a rule, no member can be entitled to two benefits for the same pe riod. Disability Benefit 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 bein g. Impairment any loss or abnormality of psychological, physiological, or anatomica l structure or function. Who is qualified? A member who suffers partial or total permanent disability with at least one mon thly contribution paid to the SSS prior to the semester of contingency. Some partial permanent disabilities: one thumb one big toe

one index finger one middle finger one ring finger one little finger hearing of one ear hearing of both ears sight of one eye

one hand one arm one foot one leg one ear both ears

Some total permanent disabilities: 1. Complete loss of sight of both eyes 2. Loss of two limbs at or above the ankles or wrists 3. Permanent complete paralysis of two limbs 4. Brain injury resulting to incurable imbecility or insanity 5. Such cases as determined and approved by SSS Ortega v. SSC Claims under the Labor Code for compensation and under the Social Security Law f or benefits are not the same as to their nature and purpose. On the one hand, the pertinent provisions of the Labor Code govern compensabilit y of work-related disabilities or when there is loss of income due to work-conne cted or work-aggravated injury or illness. On the other hand, the benefits under the Social Security Law are intended to pr ovide insurance or protection against the hazards or risks of disability, sickne ss, old age or death, inter alia, irrespective of whether they arose from or in the course of the employment. And unlike under the Social Security Law, a disability is total and permanent un der the Labor Code if as a result of the injury or sickness the employee is unab le to perform any gainful occupation for a continuous period exceeding 120 days regardless of whether he loses the use of any of his body parts. Types of disability benefits: Monthly pension cash benefit paid to a disabled member who has paid at least 36 monthly contributions to the SSS prior to the semester of disability. In addition to monthly pension, supplemental allowance of P500 is paid to the to tal or partial disability pensioner. Lump sum amount granted to those who have not paid the required 36 monthly contr ibutions. Is monthly pension for life? The member who suffers from permanent total disability shall receive monthly pen sion for life. However, the said monthly pension shall be suspended: (1) if he r ecovers from his permanent total disability; (2) if he resumes employment; (3) i f he fails to report for annual physical exam upon notice by SSS. Domiciliary se rvice (if member is unable to report to SSS for exam) can be requested. The member who suffers from permanent partial disability shall receive his month ly pension for the duration of a certain number of months assessed based on the degree of his disability. Prescriptive period in filing a disability claim: 10 years from the date of occurrence of disability. Retirement Benefit It is a cash benefit either in monthly pension or lump sum paid to a member who can no longer work due to old age. Who may qualify? 1. A member who is 60 years old, separated from employment or ceased to be selfemployed, 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 12

0 monthly contributions prior to the semester of retirement. Dycaico v. SSS Bonifacio S. Dycaico, member of the SSS, In his self-employed data record, he na med the petitioner, Elena P. Dycaico, and their eight children as his beneficiar ies. At that time, Bonifacio and Elena lived together as husband and wife withou t the benefit of marriage. In June 1989, Bonifacio was considered retired and began receiving his monthly p ension from the SSS. He continued to receive the monthly pension until he passed away on June 19, 1997. A few months prior to his death, however, Bonifacio marr ied the petitioner on January 6, 1997. Shortly after Bonifacio's death, the petitioner filed with the SSS an applicatio n for survivor's pension. Her application, however, was denied on the ground tha t under Section 12-B(d) of Republic Act (Rep. Act) No. 8282 or the Social Securi ty Law 2 she could not be considered a primary beneficiary of Bonifacio as of th e date of his retirement. Sec. 12-B. Retirement Benefits xxx xxx xxx (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 pensio n. . . . SSC opined that under Section 12-B(d) of Rep. Act No. 8282, the primary benefici aries who are entitled to survivor's pension are those who qualify as such as of the date of retirement of the deceased member. Hence, the petitioner, who was n ot then the legitimate spouse of Bonifacio as of the date of his retirement, cou ld not be considered his primary beneficiary. 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 fo r it violates the due process and equal protection clauses of the Constitution. Due process: The proviso "as of the date of his retirement" in Section 12-B(d) of Rep. Act No . 8282 runs afoul of the due process clause as it outrightly deprives the surviv ing spouses whose respective marriages to the retired SSS members were contracte d after the latter's retirement of their survivor's benefits. There is outright confiscation of benefits due such surviving spouses without giving them an oppor tunity to be heard. Equal protection: Results in the classification of dependent spouses as primary beneficiaries into two groups: (1) Those dependent spouses whose respective marriages to SSS members were c ontracted prior to the latter's retirement; and (2) Those dependent spouses whose respective marriages to SSS members were c ontracted after the latter's retirement. For Underground Mineworkers: 1. Has reached the age of 55 years old and is an underground mineworker for at l east 5 years (either continuous or accumulated) prior to the semester of retirem ent but whose actual date of retirement is not earlier than March 13, 1998; sepa rated from employment or in the case of self-employed, has ceased self-employmen t, and has paid at least 120 monthly contributions prior to the semester of reti rement. 2. has reached the age of 60 years old whether employed or not and has paid at l east 120 monthly contributions prior to the semester of retirement. Types of retirement benefits: 1. Monthly pension 2. Lump sum amount Aside from retirement benefit, retiree is entitled to a 13th month pension payab le every December. All retiree pensioners prior to effectivity of RA 7875 on Mar ch 4, 1995 are automatically considered members of PhilHealth and he and his leg al dependents are entitled to its hospitalization benefits.

Death Benefit It is a cash benefit either in monthly pension or lump sum paid to the beneficia ries of a deceased member. Types of death benefit: 1. Monthly pension 2. Lump sum amount Beneficiaries: Primary: (1) Legitimate dependent spouse until the person remarries; (2) depende nt legitimate, legitimated or legally adopted and illegitimate children who are not yet 21 years old. Secondary: In the absence of primary, dependent parents. In their absence, any other person designated by member in record. Signey v. SSS Who is entitled to the social security benefits of a Social Security System (SSS ) member who was survived not only by his legal wife, but also by two common-law wives with whom he had six children? In the case at bar, the existence of a prior subsisting marriage between the dec eased and Editha is supported by substantial evidence. Petitioner, who has fully availed of her right to be heard, only relied on the waiver of Editha and faile d to present any evidence to invalidate or otherwise controvert the confirmed ma rriage certificate registered under LCR Registry No. 2083 on 21 November 1967. S he did not even try to allege and prove any infirmity in the marriage between th e deceased and Editha. SSC found (affirmed by CA and SC) based on the SSS field investigation report th at even if Editha was the legal wife, she was not qualified to the death benefit s since she herself admitted that she was not dependent on her deceased husband for support inasmuch as she was cohabiting with a certain Aquilino Castillo. Resolving the determinative question of who between petitioner and the illegitim ate children of the deceased are the primary beneficiaries lawfully entitled to the social security benefits accruing by virtue of the latter's death, CA held t hat based on Section 8 (e) of R.A. No. 8282, a surviving spouse claiming death b enefits as a dependent must be the legal spouse. Petitioner's presentation of a marriage certificate attesting to her marriage to the deceased was futile, accor ding to the appellate court, as said marriage is null and void in view of the pr evious marriage of the deceased to Editha as certified by the Local Civil Regist rar of Cebu City. The appellate court also held that the law is clear that for a child to be quali fied as dependent, he must be unmarried, not gainfully employed and must not be 21 years of age, or if over 21 years of age, he is congenitally or while still a minor has been permanently incapacitated and incapable of self-support, physica lly or mentally. And in this case, only the illegitimate children of the decease d 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 petitio ner is disqualified to be a beneficiary and the absence of any legitimate childr en of the deceased, it follows that the dependent illegitimate minor children of the deceased should be entitled to the death benefits as primary beneficiaries. Whoever claims entitlement to the benefits provided by law should establish his or her right thereto by substantial evidence. Since petitioner is disqualified t o be a beneficiary and because the deceased has no legitimate child, it follows that the dependent illegitimate minor children of the deceased shall be entitled to the death benefits as primary beneficiaries. The SSS Law is clear that for a minor child to qualify as a "dependent, the only requirements are that he/she mu st be below 21 years of age, not married nor gainfully employed. In this case, the minor illegitimate children Ginalyn and Rodelyn were born on 1 3 April 1996 and 20 April 2000, respectively. Had the legitimate child of the de ceased and Editha survived and qualified as a dependent under the SSS Law, Ginal yn and Rodelyn would have been entitled to a share equivalent to only 50% of the share of the said legitimate child. Since the legitimate child of the deceased predeceased him, Ginalyn and Rodelyn, as the only qualified primary beneficiarie

s of the deceased, are entitled to 100% of the benefits. SSS v. De Los Santos The obvious conclusion then is that a wife who is already separated de facto fro m her husband cannot be said to be "dependent for support" upon the husband, abs ent any showing to the contrary. Conversely, if it is proved that the husband an d wife were still 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 th at she is capable of providing for herself. Respondent herself admits that she left the conjugal abode on two (2) separate o ccasions, to live with two different men. The first was in 1965, less than one y ear after their marriage, when she contracted a second marriage to Domingo Talen s. The second time she left Antonio was in 1983 when she went to the US, obtaine d a divorce, and later married an American citizen. In fine, these uncontroverted facts remove her from qualifying as a primary bene ficiary of her deceased husband. Monthly pension depends on members paid contributions, including the credited yea rs of service (CYS) and the number of dependent minor children but not to exceed five. In addition to death benefit, beneficiaries are entitled to 13th month pension p ayable every December and funeral benefit expenses which is paid to whoever shou ldered the funeral expenses of the deceased member. Funeral grant is P20,000 (ef fective Sept. 1, 2000). If deceased member is survived by legitimate, legitimated or legally adopted and illegitimate children, how is monthly pension to be divided? If survived by less than five, the illegitimate minor children will be entitled to 50% of the share of the legitimate, legitimated or legally adopted and 100% o f the dependents pension (equivalent to 10% of the members monthly pension or P250 whichever is higher). Only five minor children, beginning from the youngest, ar e entitled to dependents pension. When there are more than 5, the legitimate, leg itimated or legally adopted shall be preferred. For how long will the dependent child receive the pension? When the child reaches 21 years old, gets married, gets employed or dies. Howeve r, the dependents pension is granted for life to children who are over 21 years o ld, provided they are incapacitated and incapable of self-support due to physica l or mental disability which is congenital and acquired during minority. Contributions SSS 10.4% of the monthly salary credit not exceeding P15,000 and payable by both employer (7.07%) and employee (3.33%) effective Jan. 1, 2007. EC Starting Jan. 1, 2007, P10 for a monthly salary credit of P14,500 and below a nd P30 for employees with an MSC of P15,000 and payable only by employer. SS Number The SS number assigned to a member is the lifetime number and must always be use d in all transactions with the SSS. The member should not secure another number at any other time. If the member wishes to secure another SS card and cannot remember the SS number , it is advisable to inquire from the SSS servicing branch. If a member has more than one SS number, this will cause delay in processing of the claim for benefits or loans in the future. Thus, it is important that a memb er should have only one SS number. Therefore, he/she should write or visit the S SS servicing branch to request for the cancellation of the other number/s and co nsolidation of all of the contributions under the retained number. From then on, the retained number should be used in all transactions with the SSS. Right to Institute Sec. 22 - The right to institute the necessary action against the employer may be

commenced within twenty (20) years from the time the delinquency is known or th e assessment is made by the SSS, or from the time the benefit accrues, as the ca se may be. Lo v. CA Private respondents application was denied because the SSS records showed that he became a member only in 1983, and contributions in his favor were remitted only from October 1983 to September 1984. As private respondent knew that SSS contri butions were deducted from his salary since compulsory SSS coverage took effect in 1957, he filed a petition with the Social Security Commission against Jose Lo and his son Rafael Lo, who took over the management of the company. The Commiss ion upheld private respondent's claim and ordered petitioner and Jose Lo to remi t to the SSS the unpaid contribution in favor of private respondent, including p enalties and charges. Petitioner filed a petition for review with the Court of Appeals, which affirmed the decision of the Commission. When the appellate court denied his motion for reconsideration, petitioner filed this petition for review by certiorari. He con tended that the lower court erred in ruling that the claim had not yet prescribe d. Petitioner claimed that Payment of SS premium, as stated in the Decision, is an obligation created by law hence, without need of demand, it becomes due on th e date when such payment should be made. Hence, under Article 1150 [of the Civil Code], the right of action to recover unremitted SS premium accrues on the date it is payable and may be brought beginning such date. SC: Supreme Court dismissed the petition, and affirmed the decision of the Court of Appeals. Section 22 (b), par. 2, of Republic Act No. 1161, or the SSS Law, expr essly provides that the right to institute the necessary action against the empl oyer may be commenced within twenty 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. The provision is clear that the period of prescription commence s to run only upon the discovery of the violation, which took place in 1985. Whe n the complaint was filed on August 14, 1985, less than one year had passed sinc e private respondent discovered the delinquency. Therefore, the claim was timely instituted. Penal Clause Who are liable and what are the penalties. Who can file? (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 appr opriate cases under the Revised Penal Code: Provided, That such criminal action may be filed by the SSS in the city or municipality where the SSS office is loca ted, if the violation was committed within its territorial jurisdiction or in Me tro Manila, at the option of the SSS. Garcia v. SSC SSC found Garcia, the sole surviving director of Impact Corporation, petitioner herein, liable for unremitted SSS contributions. Issue is whether or not petitioner, as the only surviving director of Impact Cor poration, can be made solely liable for the corporate obligations of Impact Corp oration pertaining to unremitted SSS premium contributions and penalties therefo re. Petitioner challenges the finding of the Court of Appeals that under Section 28 (f) of the Social Security Law, a mere director or officer of an employer corpor ation, and not necessarily a "managing" director or officer, can be held liable for the unpaid SSS premium contributions. Section 28 (f) of the Social Security Law provides the following: (f) If the act or omission penalized by this Act be committed by an associat ion, partnership, corporation or any other institution, its managing head, direc tors or partners shall be liable to the penalties provided in this Act for the o

ffense. SC: This Court though finds no need to resort to statutory construction. Section 28 (f) of the Social Security Law imposes penalty on: (1) the managing head; (2) directors; or (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 director" or "managing partner. The law is clear and unambiguous Although a corporation once formed is conferred a juridical personality separate and distinct from the persons comprising it, it is but a legal fiction introduc ed for purposes of convenience and to subserve the ends of justice. The concept cannot be extended to a point beyond its reasons and policy, and when invoked in support of an end subversive of this policy, will be disregarded by the courts. Tan v. Ballena In answer to criminal complaint for violation of SS law, petitioners interposed the defenses of lack of criminal intent and good faith as their failure to remit was brought about by alleged economic difficulties, and they have already agree d to settle their obligations with the SSS through a memorandum of agreement to pay in installments. SC: As held by the Court of Appeals, the claims of good faith and absence of crimina l intent for the petitioners' acknowledged non-remittance of the respondents' co ntributions deserve scant consideration. The violations charged in this case per tain to the SSS Law, which is a special law. As such, it belongs to a class of o ffenses known as mala prohibita. Social Security Commission Composed of the Secretary of Labor and Employment or his duly designated underse cretary, the SSS president and seven (7) appointive members, three (3) of whom s hall 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), t he general public whose representative shall have adequate knowledge and experie nce regarding social security, to be appointed by the President of the Philippin es. To carry out the purposes of this Act, the Social Security System, hereinafter r eferred to as SSS, a corporate body, with principal place of business in Metro Man ila, Philippines is created. The System shall be directed and controlled by the SSC. Any dispute arising under RA 8282 with respect to coverage, benefits, contributi ons and penalties thereon or any other matter related thereto, shall be cognizab le by the Commission, and any case filed with respect thereto shall be heard by the Commission, or any of its members, or by hearing officers duly authorized by the Commission and decided within twenty (20) days 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. SSS v. Atlantic Gulf Which body has jurisdiction to entertain a controversy arising from the non-impl ementation of a dacion en pago agreed upon by the parties as a means of settleme nt of private respondents' liabilities? From the allegations of respondents' complaint, it readily appears that there is no longer any dispute with respect to respondents' accountability to the SSS. R espondents had, in fact, admitted their delinquency and offered to settle them b y way of dacion en pago subsequently approved by the SSS. The controversy lies in the non-implementation of the approved and agreed dacion en pago on the part of the SSS. As such, respondents filed a suit to obtain its enforcement which is, doubtless, a suit for specific performance and one incapa

ble of pecuniary estimation beyond the competence of the Commission. Court Review. The decision of the Commission upon any disputed matter may be rev iewed both upon the law and the facts by the Court of Appeals. For the purpose o f such review, the procedure concerning appeals from the Regional Trial Court sh all be followed as far as practicable and consistent with the purposes of this A ct. Appeal from a decision of the Commission must be taken within fifteen (15) d ays from notification of such decision. If the decision of the Commission involv es only questions of law, the same shall be reviewed by the Supreme Court. No ap peal bond shall be required. The case shall be heard in a summary manner, and sh all take precedence over all cases, except that in the Supreme Court, criminal c ases wherein life imprisonment or death has been imposed by the trial court shal l take precedence. No appeal shall act as a supersedeas or a stay of the order o f the Commission unless the Commission itself, or the Court of Appeals or the Su preme Court, shall so order. Criminal offenses for violations of the law are within the jurisdiction of the r egular courts. SLIDE 3 Participating Agencies HLURB Housing Land Use and Regulatory Board a national government agency tasked as the planning, regulatory and quasi-judici al body for land use development and real estate and housing regulation. These r oles are done via a triad of strategies namely, policy development, planning and regulation Executive Order No. 419 (1973) created the Task Force on Human Settlements (TFHS) under the Development Academy of the Philippines (DAP) Presidential Decree No. 933 (1976) renamed the TFHS in to Human Settlements Commission (HSC). Presidential Decree No. 1396 (1978) renamed HSC as the Human Settlements Regulatory Commission (HSRC) and was design ated as the regulatory arm of the Ministry of Human Settlements. Executive Order No. 648 (1981) reorganized the HSRC and transferred the implementation of P.D. No. 957 (Subdivi sion and Condominium Buyer's Protective Decree) from NHA to HSRC Executive Order No. 90 (1986) renamed the HSRC as the Housing and Land Use Regulatory Board (HLURB) and was de signated as the regulatory body for housing and land development under the Housi ng and Urban Development Coordinating Council (HUDCC) Mandates LAND USE PLANNING Laws that Ensure Rational Land Use and Sustainable Urban and Regional Developmen t Executive Order No. 72 - Providing for the Preparation and Implementation of the Comprehensive Land Use Plans of Local Government Units Pursuant to the Local Go vernment Code of 1991 and Other Pertinent Laws Memorandum Circular No. 54 - Prescribing the Guidelines of Sec. 20, R.A. 7160, A uthorizing Cities/Municipalities to Reclassify Lands into Non-Agricultural Uses Executive Order No. 124 - Establishing Priorities and Procedures in Evaluating A reas for Land Conversion in Regional Agricultural/Industrial Centers, Tourism De velopment Areas Sites for Socialized Housing Planning is the key to orderly and rational land development in any local govern ment unit, i.e. a city or municipality. A Comprehensive Land Use Plan (CLUP) prescribes the developmental pace, directio ns and strategies for the optimum use of land resources in a community as well a s its role in provincial, regional and national development. The CLUP is enacted into a zoning ordinance for purposes of enforcement REAL ESTATE MANAGEMENT Laws that Regulate the Relationship between Sellers, Developers and Buyers of Su bdivision Lots and Condominium Units, and provide Quasi-Judicial and Criminal Re

medies for Breach of Statutory and Contractual Obligations URBAN LAND REFORM Laws that protect the rights of tenants and occupants of lands within Urban Land Reform Zones/Areas for Priority Development (ULRZ/APD) Functions Update and revise National Urban Development and Housing Framework (RA No. 7279) Assurance of compliance to balanced housing development requirement (Sec 18, R.A . 7279) Operate as the lead agency for the HUDCC for the Socialized Housing One-stop Pro cessing Centers (SHOPCs) and issuance of permits, clearances, certifications and licenses for the implementation of socialized housing projects (EO No. 184) NHA National Housing Authority Created under PD 757 by then President Ferdinand Marcos, NHA covers the whole ar chipelago with projects in all 81 provinces, 136 cities, and 1,495 municipalitie s. NHA is the sole national agency mandated to engage in housing production for low income families. It traces its roots to the Peoples Homesite Corporation (PHC), the first governme nt housing agency established on 14 October 1938 and to the National Housing Com mission (NHC) which was created seven years later, on 17 September 1945. These t wo Agencies, the PHC and the NHC, were eventually merged on 4 October 1947 into the Peoples Homesite and Housing Corporation (PHHC). Ministry of Human Settlements (MHS) was created in 1978. NHA was placed as an at tached agency to the MHS. On 26 March 1986, Executive Order No. 1 was issued placing the NHA as well as th e other agencies attached to the abolished MHS, under the administrative supervi sion of the office of the President. Subsequently, Executive Order No. 90 was is sued on 17 December 1986, rationalizing the housing structure in the government along lines of specialization and concentration. EO 90 identified the key housin g agencies to implement the National Shelter Program and defined their respectiv e mandates. Under the said Executive Order, NHA was placed under the policy and program supervision of the housing and Urban Development Coordinating Council (H UDCC), the umbrella agency for shelter charged with the main function of coordin ating the activities of various government housing agencies engaged in productio n, finance and regulation. Executive Order No. 20 on 28 May 2001 reaffirmed mass housing as a centerpiece p rogram in the poverty alleviation efforts of government. Said EO likewise reaffi rmed HUDCCs administrative supervision over the housing agencies including the NH A History and update Since its creation in 1975 to 2009, NHA produced housing units for resettlement of families in danger areas, government infrastructure projects and victims of c alamities. In 2009, it concluded its most ambitious project, the Northrail and Southrail re location and resettlement of 92,000 families residing along the PNR right of way from Mabalacat, Pampanga to Cabuyao, Laguna within five years. NHA developed resettlement sites for 10,212 families affected by typhoons Ondoy and Pepeng under the reconstruction program; completed the relocation and resett lement of 3,347 censused families affected by the development of the vital road infrastructure that provides east and west access to mainline NLEX, the NLEX-C5 Northern Link Project, Phase 2, Segment 8.1; and provided assistance to some 30, 000 families rendered homeless by typhoon Reming under the Bicol Calamity Assist ance and Rehabilitation Efforts (CARE). NHA also generated housing units from its regular programs consisting of resettl ement, slum upgrading, sites and services, core housing, medium rise housing and other housing assistance programs. NHA, under its Charter, PD 757 is mandated to provide and maintain adequate hous ing for the greatest possible number of people; undertake housing development, r

esettlement and other activities as would enhance the provision of housing to ev ery Filipino; and harness and promote private participation in housing ventures in terms of capital expenditures, land expertise, financing and other facilities for the sustained growth of the housing industry Mandates PD 757 dated 31 July 1975 NHA was tasked to develop and implement a comprehensive and integrated housing p rogram to embrace, among others, housing development and resettlement, sources a nd schemes of financing, and delineation of government and private sector partic ipation. EO 90 dated 17 December 1986 NHA was mandated as the sole national government agency to engage in shelter pro duction focusing on the housing needs of the lowest 30 percent of the urban popu lation. RA 7279 (UDHA) dated 24 March 1992 NHA was tasked to provide technical and other forms of assistance to local gover nment units (LGUs) in the implementation of their housing programs; to undertake identification, acquisition and disposition of lands for socialized housing; an d to undertake relocation and resettlement of families with local government uni ts. RA 7835 (CISFA) dated 08 December 1994 NHA was tasked to implement the following components of the National Shelter Pro gram Resettlement, Medium Rise Public and Private Housing, Cost Recoverable Prog rams and Local Housing Program. EO 195 dated 31 December 1994 NHA was mandated to focus on socialized housing through the development and impl ementation of a comprehensive and integrated housing development and resettlemen t; fast tracking the determination and development of government lands suitable for housing and ensuring the sustainability of socialized housing funds by impro ving its collection efficiency, among others. Executive Order No. 20 dated 28 May 2001 Reaffirmed mass housing as a centerpiece program in the poverty alleviation effo rts of government and reaffirmed HUDCCs administrative supervision over all housi ng agencies including the NHA Programs Community-Based Housing Program Tenurial Assistance Community resources are mobilized for resolution of land tenure issues and/or si te development through the Land Tenure Assistance Program (LTAP), Community Mort gage Program (CMP) and Community Land Acquisition Support Program (CLASP). Under LTAP, the NHA extends credit assistance to Community Associations for the acqui sition of land they occupy or intend to be resettled. Under other community-base d approaches, the NHA acts as conduit between community associations/cooperative s and financing institutions such as the National Home Mortgage Finance Corporat ion (NHMFC), Home Development Mutual fund (HDMF OR Pag-IBIG Fund) and other gove rnment and non-government institutions. Technical Assistance The NHA extends technical assistance to community associations/cooperatives or L ocal Government Units (LGUs) in terms of community organization, negotiation wit h land owner, preparation of required development plans, formulation of disposit ion and collection schemes and coordination with other national government agenc ies for processing of required documents Core Housing Entails acquisition and development of raw land as well as construction of housi ng units. The Program provides service lots with core housing designed to match the afford ability of target market consisting mostly of low-salaried government and privat e sector employees. Under this program, projects are implemented under joint venture arrangement wit h private sector or LGUs. Partners invest or contribute equity in the project in

terms of land or funds for land development and house construction Resettlement and Slum Upgrading NHA-Administered Resettlement Program This involves acquisition and development of large tracts of raw land to generat e service lots or core housing units for families displaced from sites earmarked for government infrastructure projects and those occupying danger areas such as waterways, esteros and railroad tracks. Resettlement Assistance Program for Local Government Units. NHA assists in the d evelopment of resettlement sites by LGUs under its Resettlement Assistance Progr am for LGUs. This is implemented as joint undertaking between the LGU and NHA. T he LGUs primary contribution is land while the NHA provides funds to cover cost o f land development. LGUs recover project cost from beneficiaries and utilize pro ceeds exclusively for project maintenance or to acquire and/or develop new reset tlement sites. Slum Upgrading Entails acquisition and on-site improvement of occupied lands through introducti on of roads or alleys and basic services such as water and power. Land tenure is sue is resolved through sale of homelots to bonafide occupants NHA Sites and Services Entails acquisition and development of raw land into service homelots to serve a s alternative to informal settlements as well as catchment areas for inmigration and population growth. This approach is adopted in urban centers where populati on growth and overspill is anticipated and where beneficiaries intend to acquire housing on incremental basis Medium Rise Housing An in-city housing alternative that entails the construction of three-to-five-st orey buildings. The Medium Rise Public Housing Program is implemented directly b y NHA, utilizing the allocation for the Program under RA 7835 and units are made available under lease arrangement. On the other hand, the Medium Rise Private Housing Program is implemented direct ly by NHA or in joint venture with other government agencies and/or the private sector. Tenure is on ownership basis. Chavez v NHA Power of NHA to reclaim land for socialized housing was upheld by SC. Such power is implied from its charter, PD 757, and in RA 7279 LGU Local Government Units LGUs shall set up an effective mechanism, together with the appropriate agencies like the Population Commission, the National Economic and Development Authority and the National Statistics Office, to monitor trends in the movements of popul ation from rural to urban, urban to urban, and urban to rural areas (RA 7279, Se c. 37) To minimize rural to urban migration and pursue urban decentralization, the loca l government units shall coordinate with the National Economic and Development A uthority and other government agencies in the formulation of national developmen t programs that will stimulate economic growth and promote socioeconomic develop ment in the countryside (RA 7279, Sec. 38) LGUs shall be charged with the implementation of this Act in their respective lo calities, in coordination with the Housing and Urban Development Coordinating Co uncil, the national housing agencies, the Presidential Commission for the Urban Poor, the private sector and other nongovernment organizations. They shall prepare a comprehensive land use plan for their respective localities in accordance with the provisions of this Act (RA 7279, Sec. 39) What is the role of other housing agencies? Housing and Urban Development Coordinating Council: provide local government units with necessary support NHA

 upon request of local government units, shall provide technical and other forms of assistance in the implementation of their respective urban development and ho using programs with the objective of augmenting and enhancing local government c apabilities in the provision of housing benefits to their constituents National Home Mortgage Finance Corporation shall administer the Community Mortgage Program (CMP) under RA 7279 and promulga te rules and regulations necessary to carry out the provisions CMP is a mortgage financing program of the National Home Mortgage Finance Corpor ation which assists legally organized associations of underprivileged and homele ss citizens to purchase and develop a tract of land under the concept of communi ty ownership (RA 7279, Sec. 31) Home Insurance Guaranty Corporation shall design an appropriate guarantee scheme to encourage financial institutions to go into direct lending for housing Others EO 129, EO 178, October 1993 Ramos Admin National Committee Against Squatting Syndicates and Professional Squatters Local Committee Against Squatting Syndicates and Professional Squatters November 1999 Estrada Admin National Police Task Force on Squatting Syndicates and Professional Squatters

SLIDE 4 RA 7279 (Lina Law) It was considered landmark legislation and was filed by Senator Jose Joey D. Lina, Jr., youngest member of Senate from 1987 to 1992. The Act lays down the groundwork for a comprehensive and continuing urban develo pment and housing program. It addresses the right to housing of the homeless and underprivileged Filipino p eople. This law seeks to provide social housing to the marginalized sector by addressin g their access to land and housing, relocation, demolitions, and promoting priva te sector participation in housing. The law also mandates local government units to provide shelter to qualified ben eficiaries and to undertake measures to curtail the activities of professional s quatters and squatting syndicates. In addition, the Act also mandates the formulation of a National Urban Developme nt and Housing Framework to guide policymakers in the determination of areas for urbanization and development of concomitant programs to address the urbanizatio n problems. Program Objectives (Section 2) a) Uplift the conditions of the underprivileged and homeless citizens in urban a reas and in resettlement areas by making available to them decent housing at aff ordable cost, basic services, and employment opportunities; b) Provide for the rational use and development of urban land in order to bring about the following: (1) Equitable utilization of residential lands in urban and urbanizable areas wi th particular attention to the needs and requirements of the privileged and home less citizens and not merely on the basis of market forces; (2) Optimization of the use and productivity of land and urban resources ; (3) Development of urban areas conducive to commercial and industrial activities which can generate more economic opportunities for the people; (4) Reduction in urban dysfunctions, particularly those that adversely a ffect public health, safety and ecology; and (5) Access to land and housing by the underprivileged and homeless citiz ens. c) Adopt workable policies to regulate and direct urban growth and expansion tow

ards a dispersed urban net and more balanced urban-rural interdependence; d) Provide for an equitable land tenure system that shall guarantee security of tenure to Program beneficiaries but shall respect the rights of small property o wners and ensure the payment of just compensation; e) Encourage more effective peoples participation in the urban development proces s; and f) Improve the capability of local government units in undertaking urban develop ment and housing programs and projects Section 3 Professional Squatter: 1. refers to individuals or groups who occupy lands w/o the express consent of landowner and who have sufficient income for legitimate housing. 2. person who have previously been awarded homelots or housing units by the Government but who sold, leased or transferred the same to settle illegally in same place or in another urban area. 3. Non-bona fide occupants and intruders of lands reserved for socialized h ousing. Term does not apply to individuals or groups who simply rent land housing from p rofessional squatters or squatting syndicates. Section 27 Any person or group identified as such shall be summarily evicted and their dwel lings or structures demolished, and shall be disqualified to avail of the benefi ts of the Program. A public official who tolerates or abets the commission of th e abovementioned acts shall be dealt with in accordance with existing laws. professional squatters or members of squatting syndicates shall be imposed the p enalty of six (6) years imprisonment or a fine of not less than Sixty thousand p esos (P60,000) but not more than One hundred thousand pesos (P100,000), or both, at the discretion of the court Socialized housing refers to housing programs/projects covering house and lots o r homelots only undertaken by Government or private sector for the underprivileg ed and homeless citizens. Underprivileged and homeless citizens refers to beneficiaries of this Act and to individuals or families residing in urban & urbanizable areas whose income or c ombined household income falls within the poverty threshold as defined by NEDA a nd who do not own housing facilities. Samahan ng Masang Pilipino v. BCDA: Petitioner maintains that its members have been occupying peacefully and continu ously lots in Fort Bonifacio covered by a title in the name of USA which has not been duly cancelled and that BCDA sent 30-day notices of eviction to its member s. It asserts the illegality of the imminent eviction. Petitioner sought an inju nction from SC. President Ramos issued EO No. 40, 7 series of 1992, specifying, among others, th e portions of Metro Manila military camps to be utilized to generate capital for the BCDA. Among these Metro Manila military camps is Fort Bonifacio. SC: Those with financial capacity and resources to build their own housing facilitie s are not underprivileged and homeless citizens under RA 7279. The photos of the structures reveal that these were built with cement and other strong materials c osting a lot of money and such structures are not shanties of small value. In fact, they would even be considered as professional squatters under Section 3 (m) of RA 7279 . Urban areas refers to all cities regardless of population density refers to municipalities w/ a population density of at least 500 persons per sq uare kilometer Urbanizable areas refers to sites and lands which, considering present characteristics and prevail

ing conditions, display marked and great potential of becoming urban areas withi n a period of 5 years. Coverage (Sec. 4) Program covers all lands in urban and urbanizable areas, including areas that ma y be identified by LGUs suitable for socialized housing. Exemptions (lands) covered under CARP actually used for national defense & security actually used, reserved or otherwise set aside for government offices, faciliti es, etc. (if not used for 10 years from effectivity, lands shall be covered. those used or set aside for parks, forest, watersheds, etc. those actually & primarily used for religious, charitable or educational purpose s, cultural or historical sites, hospitals, cemeteries or memorial parks. Priorities in Acquisition of land (Sec.9) Lands for socialized housing shall be acquired in the following order: 1.) those owned by government, subdivisions, instrumentalities, agencies , including GOCCs 2.) alienable lands of public domain 3.) unregistered or abandoned & idle land 4.) those within the declared APDs, etc. not yet acquired 5.) BLISS sites not yet acquired 6.) privately owned lands Filstream v. CA reiterated in Heirs of J. B.L.Reyes SC: Private lands rank last in the order of priority. Expro proceedings are to be resorted only when the other modes of acquisition ha ve been exhausted; Compliance w/ this is mandatory. Since there is no showing that City of Manila resorted to the other lands before resorting to Filstreams land, the right to due process has been violated.

Modes of Acquisition (Sec. 10) Expro shall be resorted only when the other mode of acquisition (community mortg age, land swapping, land assembly, land banking, donation, joint venture, negoti ated purchase) have been exhausted. land owned by small property owners shall be exempted from UDHA (whose only real property consist of residential land not exceeding 300 sq. m. (highly urbanized ) and 800 sq. m. (in other urban areas). Lagcao v. Hon. Labra SC: for failure to exhaust Sec. 10, ordinance authorizing Mayor to expropriate was i nfirmed. Limitations on disposition of land (Sec. 14) should beneficiary unlawfully sell, transfer or dispose his lot or right, transa ction shall be void & he shall lose right to land, forfeit amortizations paid & shall be banned from the benefits under UDHA for 10 years from violation. Eligibility criteria of beneficiary (Sec.16) a) Filipino citizen b) Must be underprivileged & homeless citizen c) Must not own any real property whether urban or rural d) Must not be a professional squatter or member of squatting syndicate

Eviction & demolition (Sec. 28) Eviction or demolition as a practice shall be discouraged When eviction/demolition may be allowed: 1. persons or entitles occupy danger areas such as esteros, railroad trade, gar bage dumps, riverbanks & other public places (summary/extrajudicial). 2. government infrastructure projects w/ available funding are about to be implemented (summary/extrajudicial) Samahang ng Masang Pilipino v. BCDA: SC: The second instance particularly partakes of a government infrastructure project with available funding that is about to be implemented. In the instant case, w hat is applicable is the second case of an extrajudicial summary eviction and de molition BCDA has shown that the use of lots are required to raised funds for conversion of Clark & Subic military reservations. 3. when there is court order (judicial). Tagbilaran Integrated Settlers v. CA SC: UDHA covers only lands in urban areas (stalls in commercial lot are not impliedl y covered.) there was no allegation or proof that the lot falls w/in UDHA. EXECUTION OF EVICTION/DEMOLITION: (Mandatory Requirements) 1.) notice to affected person at least 30 days prior to date 2.) adequate consultations on matter of settlement w/duly designated representat ive of families to be resettled and the affected communities in areas they are t o be relocated 3) presence of local government official during eviction 4) proper identification of all persons taking part in demolition 5) Only during regular office hours from Mondays to Fridays & during good weathe r 6) No use of heavy equipment except permanent structure 7) Proper uniform for PNP 8) Adequate relocation (temporary/ permanent) provided that in case of eviction thru court order, relocation shall be undertaken by LGU & NHA, should relocation not be possible, financial assistance in amount equivalent to prevailing minimu m daily wage multiplied by 60 days shall be extended to affected families by LGU . Serapion v CA Even assuming R.A No. 7279 to be applicable, its moratorium period has already l apsed as Sec. 44, Art. XII, of the law provides for a period of only three (3) y ears from the date of its effectivity. Since the law has been effective since 24 March 1992, there is no longer any impediment to the proper eviction of petitio ners from the land of private respondents as decreed in the final and executory decision of 7 September 1992 of the MeTC of Valenzuela, Metro Manila Manapat v. CA SC : Socialized housing falls within the confines of public use R.A. No. 7279 was enacted in 1992, almost two decades after the expropriation ca ses against the property owners herein were instituted with the RTC in 1977. The law looks forward, not backward. In these consolidated cases, the Court finds t hat the language of R.A. No. 7279 does not suggest that the Legislature has inte nded its provisions to have any retroactive application. On the contrary, Sectio n 49 of the said law indicates that it "shall take effect upon its publication i n at least two (2) national newspapers of general circulation. The law's prospect ive application being clearly stated, the Court cannot agree with the dispositio n of the appellate court that the subject lots not exceeding 300 sq m are exempt from expropriation

Questions on RA 7279 On the requirements of balanced Housing Development (Sec. 18) How is the requirement of 20% socialized housing compliance computed, i s it based on the gross area or the saleable area of the project? On the Gross area of the main subdivision project Is this requirement of 20% compliance based only on area or also on pro ject cost? At the option of the developer, it can be based on either Section 18 Socialized housing shall include a system to be specified in the Framework plan w hereby developers of proposed subdivision projects shall be required to develop an area for socialized housing equivalent to at least twenty percent (20%) of th e total subdivision area or total subdivision project cost, at the option of the developer, within the same city or municipality, whenever feasible, and in acco rdance with the standards set by the Housing and Land Use Regulatory Board and o ther existing laws. Balanced Housing Development may be complied by developers in any of the followi ng manner: a) Development of new settlement; b) Slum upgrading or renewal of areas for priority development either throu gh zonal improvement programs or slum improvement and resettlement programs; c) Joint-venture projects with either the local government units or any of the housing agencies; or d) Participation in the community mortgage program. Alternative Modes of Compliance (Sec. 18) Bonds of the Home Guaranty Corporation (HLURB Board Resolution No. 857, s. 2010) Participation in the construction of educational facilities such as public schoo l buildings in socialized housing projects or resettlement areas (HLURB Board Re solution No. 850, s. 2009) Investments in Pag-Ibig Bonds (HLURB Board Resolution No. 848, s. 2009) What housing projects are covered? All housing projects whose selling price is above PHP180,000 in highly urbanized areas and above, PHP 150,000 in non-urbanized areas Are residential condominiums covered? No, per Opinion of the Department of Justice, the law applies only to subdivisio ns; condominiums are a different type of project, and there is no legal basis fo r requiring them to be covered by this requirement SLIDE 5 URBAN LAND REFORM What is the Urban Land Reform Law? Presidential Decree No. 1517 issued on June 11, 1978 is what is known as the Urban Land Reform Law. It was a piece of legislation that instituted the Ur ban Land Reform Program of the government. Briefly, this program aims to rationa lize with due process and through equitable means the existing pattern of land u se and ownership in urban and urbanizable areas. As such, it involves the imposi tion of certain limitations on the use by the owner of his property. Policies to liberate our human communities from blight, congestion, and hazard and to pro mote their development and modernization; to bring out the optimum use of land as a national resource for public welfare r ather than as a commodity of trade subject to price speculation and indiscrimina te use; to provide equitable access and opportunity to the use and enjoyment of the frui ts of the land; to acquire such lands as are necessary to prevent speculative buying of land for public welfare; and to maintain and support a vigorous private enterprise system responsive to commu

nity requirements in the use and development of urban lands. Section 3 Tenant rightful occupant of land and its structure but does not include: those whose presence on the land is merely tolerated and without the benefit of contract, those who enter the land by force or deceit, or those whose possession is under litigation It has already been ruled that occupants of the land whose presence therein is d evoid of any legal authority, or those whose contracts of lease were already ter minated or had already expired, or whose possession is under litigation, are not considered "tenants" under the Section 3 (f). Urban lands - refer to the lands which conform to any of the following criteria: 1. In their entirety, all cities and municipalities which have the population de nsity of at least 1,000 persons per square kilometer and where at least 50 perce nt of the economically active population are engaged in non-agricultural activit ies. 2. All barangays comprising the former poblacion or barangays including a part o f the former poblacion of cities or municipalities which have a population densi ty of greater than 500 but less than 1,000 persons per square kilometer; and whe re at least 50% of the economically active population engaged in non-agricultura l activities. 3. All barangays not included in items 1 and 2 above which have a population siz e of at least 1,000 and where at least 50% of the economically active population are engaged in non-agricultural activities. Urbanizable lands - refers to sites and land areas which, considering present ch aracteristics and prevailing conditions, display a marked and high probability o f becoming urban lands within the period of five to ten years Section 4 President shall proclaim urban and urbanizable lands to be known as urban land r eform zones No urban land can be disposed of or used or constructed unless conforms with dev elopment and zoning plans of Ministry of Human Settlements Section 6 Within the Urban Zones legitimate tenants who have resided on the land for ten y ears or more who have built their homes on the land and residents who have legal ly occupied the lands by contract, continuously for the last ten years shall not be dispossessed of the land and shall be allowed the right of first refusal to purchase the same within a reasonable time and at reasonable prices, under terms and conditions to be determined by the Urban Zone Expropriation and Land Manage ment Committee created by Section 8 of this Decree B.E. San Diego, Inc. v CA We agree that in reckoning the ten-year period under Section 2 of P.D. 2016, the trial court should count backward from 1978, the year P.D. 1517 was issued, ins tead of waiting until the lapse of ten years after 1978. We see no error in the opinion of the National Housing Authority that "tenant fa milies who should benefit from this Urban Land Reform Program are those who have been residing in the area for ten years or more prior to the issuance of the sa id P.D. 1517." Section 7 In cases where the tenants and residents, referred to in Section 6 of this Decre e, are unable to purchase the said lands, the Government shall acquire the land and/or improvements thereon by expropriation or other land acquisition technique

provided for under Section 11 of this Decree. PD 2016 Prohibiting the eviction of occupant families from land identified and proclaime d as areas for priority development (APD) or as urban land reform zones and exem pting such land from payment of real property taxes Solanda Enterprises v CA (Tondo, Manila); Tagbilaran Integrated Settlers v CA; Heirs of Bobadilla v Castillo; Vidal v Escueta SC: Under PD 1517, preemptive rights can be exercised only when the land is site dec lared as APD or ULRZ. In this case, site is not APD or ULRZ, so private resp has no right of first refusal. Pendency of an appeal of an action for annulment of sale and reconveyance of dis puted land cannot be pleaded as defense in ejectment because the latter deals on ly with physical possession A certification from HLURB which stated that land is outside of APD or ULRZ An ordinance (of Manila) expressing intent to expropriate land will not abate an illegal detainer suit Valderrama v. Bacalde (Tondo, Manila) Lot was covered under APD Issue was whether the right of first refusal was complied with SC: No, alleged offer was not sufficiently shown, no document presented, verbal offe r may not be sufficient Albano was mandated to declare to Land Management Committee her proposal but fai led (PD 1517, Sec. 9) PD 1517, Sec. 9 Upon the proclamation by the President of an area as an Urban Land Reform Zone, all landowners tenants and residents thereupon are required to declare to the Mi nistry any proposal to sell, lease or encumber lands and improvements thereon, i ncluding the proposed price, rent or value of encumbrances and secure approval o f said proposed transaction. The Ministry shall have the pre-emptive right to acquire the above mentioned lan ds and improvements thereon which shall include, but shall not be limited to lan ds occupied by tenants as provided for in Section 6 of this Decree. Alcantara v Reta (Davao City) Petitioners filed complaint with RTC for exercise of right of first refusal unde r PD 1517. SC: Requisites for exercise of right of first refusal: 1. a legitimate tenant of land for 10 years or more; 2. must have built his home on land by contract; and 3. has resided continuously for the last 10 years SC: No proof here that land is ULRZ, in fact, a request was filed by petitioners wit h NHA that the land be declared as ULRZ Contract means a meeting of mind between 2 persons whereby one binds himself, wit h respect to the other, to give something or to render some service (NCC, Art. 13 05) From the moment Reta demanded petitioners to vacate, verbal lease ceased to exis t as there was termination of lease; Reta did not also offer the lot for sale so no right of first refusal. Inducil v Tops Taxi Respondent TOPS Taxi, Inc. filed a complaint denominated "Purchase of Real Estat

e with Damages against petitioner in RTC Respondent alleged that petitioner owned a parcel of land located in Sta. Mesa H eights, Quezon City. Since 1976, this lot was occupied by respondent, with whom petitioner had a verbal lease agreement. Throughout the 17 years of the lease, r espondent complied with all the conditions set by petitioner and, in good faith, introduced about P500,000 worth of permanent improvements. An offer to by was received by petitioner; Respondent complained citing preferential priority RTC dismissed the complaint, CA reversed on the ground that the right of first r efusal was violated. Issue: Does respondent have a pre-emptive right to buy petitioner's property? SC: it should be evident that the intended beneficiaries of the Urban Land Reform Ac t are the members of the urban poor. The repeated mention of this socio-economic class, as well as the word "human," points to a specific intent on the part of the law to grant relief to economically disadvantaged people, particularly famil ies unable to acquire the lots they occupy due to the decision of the landowners to sell them to speculators. Further perusal of this decree shows that, under S ection 7, in the event that such residents are unable to buy the lands they occu py, the government shall acquire the lots for them via expropriation Respondent, by contrast, was neither an individual nor a member of the urban poo r, judging from the fact that it was more than willing to match the P1,800,000 p rice paid by Solim and Tan in acquiring the contested parcel of land. Its insist ence that it was a "resident" within the contemplation of PD 1517, being nothing more than a ludicrous attempt to shoehorn itself into the scope of the decree, deserves no consideration. We cannot abide by such a pretense. P.D. No. 1517, in referring to the preemptive or redemptive right of a lessee sp eaks only of urban land under lease on which a tenant has built his home and in which he has resided for ten years or more. we also ruled out the possibility that the law could apply to juridical persons such as the respondent. Under no possible interpretation of PD 1517 could respondent's taxi garage be co nsidered a "house" or a "home." Such an interpretation runs contrary to the spir it of the said decree. Respondent therefore cannot claim a pre-emptive right to purchase the property. Dimaculangan v Casalla Issue: Whether petitioner is a tenant under PD 1517 SC: No, initially, he was a tenant of a structure but later he waived; In a Kasunduan, petitioner acknowledged that he did not build the structure but merely rented it from Casalla Apartment dwellers are excluded from PD 1517 (Sec. 6) Protective mantle of P.D. No. 1517 and P.D. No. 2016 extends only to landless ur ban families who meet these qualifications: a) they are tenants as defined under Section 3 (f) of P.D. No. 1517; b) they built a home on the land they are leasing or occupying; c) the land they are leasing or occupying is within an APD and ULRZ; and d) they have resided on the land continuously for the last 10 years or more . Estreller v Ysmael Respondents filed an action against petitioners for recovery of possession with RTC claiming entry through stealth and refusal to vacate when required; Petitioners claimed that the land was already declared by QC government as APD RTC ruled in favor of respondents, affirmed in toto by CA SC: Petitioners claim that they are lawful lessees of the property. However, they fa

iled to prove any lease relationship or, at the very least, show with whom they entered the lease contract. Respondents, on the other hand, were able to prove t heir right to enjoy possession of the property. Thus, petitioners, whose occupat ion of the subject property by mere tolerance has been terminated by respondents , clearly do not qualify as "tenants" covered by these social legislations. R.A. No. 7279 provides for the procedure to be undertaken by the concerned local governments in the urban land development process, to wit: conduct an inventory of all lands and improvements within their respective local ities, and in coordination with the National Housing Authority, the Housing and Land Use Re gulatory Board, the National Mapping Resource Information Authority, and the Lan d Management Bureau, identify lands for socialized housing and resettlement area s for the immediate and future needs of the underprivileged and homeless in the urban areas; acquire the lands; and dispose of said lands to the beneficiaries of the program Is urban land reform the same as agrarian reform? No. Agrarian reform (AR) involves the diffusion of land ownership through th e imposition of retention limits for owners of large tracts of land. It is manda tory in the sense that the landowner cannot refuse not to sell the agricultural land in excess of the retention limit to the tenants who till the same. In urban land reform (ULR), on the other hand, a landowner cannot ordina rily be compelled to sell the land to the tenant. It is only when the land is e xpropriated that he or she is forced to sell, but only after due process. In th e event, however that landowner voluntarily decides to sell the property, the te nant has a pre-emptive right to buy the property or the right of first refusal bef ore it can be legally sold to another. The law compels him merely to offer it of fer it first to the tenant. In AR, all agricultural lands are covered although exemptions may be app lied for. On the other hand, ULR applies only to selected parcels of urban land . Is the right of first refusal available to all urban tenants? No. PD 1517 limited its application to Urban Land Reform Zones or specif ic parcels of land later identified and proclaimed. What are Areas for Priority Development or APDs? The term Areas for Priority Development (APDs) was used in the pertinent decrees and proclamations interchangeably or alternatively with the term Urban Land Reform Zones (ULRZs). From all indications they have the same meaning. The y refer to the 244 areas in Metro Manila specifically described and identified i n Proclamation 1967, and other sites later identified and proclaimed. How many APDs/ULRZs are there at present? There are at present 284 APDs/ULRZs. In addition to the 244 APDs in Metro Manila under Proclamation No. 1967 and Dagat-Dagatan, Tondo under Proclamation No. 2284,nineteen (19) Slum Improvem ent and Resettlement (SIR) sites were included pursuant to Proclamation No. 1810 (Declaring that all sites under the Zonal Improvement Program (ZIP) and SIR area s shall become ULRZs upon proclamation by the President). These are located in t he regional cities of Bacolod,Cebu, Cagayan de Oro & Davao. Subsequently, pursua nt to the same decree, the National Housing Authority identified and proclaimed 20 more APD sites -19 in Metro Manila and one in Cebu City. In Summary: Number of APDs/ULRZs By Proclamation No. 1967 244 By Proclamation No. 2284 1

By Proclamation No. 1810 19 By NHA Approval 20 Total 284 What is the significance of a parcel of lands being within an APD/ULRZ? Within an APD/ULRZ : 1. Legitimate tenants who have resided on the land for ten years or more wh o have built their homes on the land, and residents who have legally occupied th e lands by contract, continuously for the last ten years shall not be dispossess ed of the land and shall be allowed the right of first refusal to purchase the same within a reasonable time and at reasonable prices. 2. No urban land can be disposed of or used or constructed on unless its d isposition or use conforms with the development and zoning plans. This is implem ented through the requirement of development use permit or locational clearance for projects within these areas. 3. In cases where the tenants and residents are unable to purchase the said lands, the government may acquire the same by expropriation or other land acqui sition techniques in accordance with the policies of existing laws. May apartment dwellers invoke the right of first refusal? No. The law is explicit that it applies only to urban land. Nidoy v CA The right of first refusal under Section 6 of Presidential Decree No. 1517, appl ies only to tenants who have resided for (10) years or more on the leased land d eclared as within the Urban Land Reform Zone, and who have built their homes on that land. It does not apply to apartment dwellers. Petitioner, who rents one of the units in the apartment building, is merely an apartment dweller although th e land is within the Urban Land Reform Zone. Arlegui v CA as lessees of the residential apartment unit, the Genguyons have no right of fir st refusal to speak of. Apartment dwellers are excluded from the protective mant le of the Urban Land Reform Law. The said law grants the right of first refusal only to legitimate tenants who have built their homes on the land they are leasi ng. The Genguyons did not lease the land only. Neither did they build a home the reon. How do we know whether or not the land that we own or the land that we lease is within an APD or ULRZ? HLURB prepared books of detailed maps and land use plans for 254 APD sit es declared under Proclamation 1967 and 2284 and has condensed this to a Locatio nal Reference Handbook which is available to the public. This handbook presents the physical location of the sites through maps in relation to their immediate v icinity and provides the precise location and complete boundary description. If necessary, HLURB also issues a certification whether or not a piece of property is within or outside of an APD. Did the Urban Development and Housing Act of 1992 (Republic Act No.7279) repeal the Urban Land Reform Law ? No. UDHA is actually more expansive than the ULR law. As to Coverage: PD 1517: Limited to areas proclaimed RA 7279: All land in urban and urbanizable areas, including existing areas prio rity development sites, and in other areas that may be identified by the local g overnment units as suitable for socialized housing. SLIDE 6 RA 8291 Introduction 1987 Constitution has given constitutional recognition to the obligation of the

state to retirees by providing that the state shall from time to time review to upgrade the pensions and other benefits due to retirees of both government and p rivate sector (Art. XVI, Sec. 8) Another feature of 1987 Constitution is to the effect that pensions or gratuitie s are not considered as additional, double or indirect compensation (Art. IX, B, The Civil Service Commission, Sec. 8, par. 2). As a consequence, a retiree who is reappointed to a government position shall re ceive the compensation for the position without violating the constitutional pr ohibition imposed on elective or appointive public officers or employees against receiving additional, double or indirect compensation (id., par. 1). Objectives and scope: Revised the 20-year old charter of GSIS (PD 1146) Aims to expand and increase the coverage and benefits of GSIS; Introduce institutional reforms for GSIS to have more flexibility and thus perfo rm its mission of providing social security protection more effectively. Effectivity June 24, 1997, 15 days after it was published on June 9, 1997. It was approved o n May 30, 1997 Repeal of retirement laws PD 1146 RA 660 RA 1616

Who are covered? Compulsory for all employees: Appointive or elective Whether temporary, casual, permanent or contractual w/ e-e relationship (so those under job orders are not covered) Who are receiving basic pay or salary but not per diems, honoraria or allowances ; and Who have not reached the compulsory retirement age of 65 yrs. When coverage takes effect? Upon the employees assumption to duty pursuant to a valid appointment or election and oath of office. Are elective officials still covered after their term of office expires? Compulsory coverage shall cease upon expiration of term. They have the option to continue with life insurance so long as they will pay bo th the employee and employer shares. On social security coverage, said official shall continue to be a member and sha ll be entitled to benefits that provide for contingencies (death, disability or separation) subject to satisfaction of eligibility conditions. Who are not covered? Employees who have separate retirement schemes under special laws and are theref ore covered by their respective retirement laws, such as the members of the Judi ciary, Constitutional Commissions, and other similarly situated government offic ials; Uniformed members of AFP & PNP including BJMP; Those who are not receiving basic pay or salary Contractuals who have no employer and employee relationship with the agencies th ey serve When does a contractual have e-e relationship with his employer? Person was selected and engaged by the employer Employer pays the salary

Employer has the power of dismissal Employer has the power to control the means and the result of the work to be don

Compensation Is the basic pay or salary received by an employee pursuant to this election/app ointment. Does not include per diems, bonuses, overtime pay, honoraria, allowances and any other emoluments received in addition to basic pay (RA 8291, Sec. 1) Contributions Member Employer First P10,000 In excess of P10,000 9% 2% 12% 12%

Who is responsible for remittance of contributions? employer Date of remittance? First ten days of calendar month following the month to which contributions appl y. Effect of non-remittance? All loan privileges of member shall be suspended Determination of eligibility to and computation of benefits will be made subject to deduction of contribution arrearages and service loans accounts plus surchar ges from proceeds of claim Penalties on delayed remittances? Aside from penal provisions, interest of not less than 2% per month. Penal Provisions? Official or employee who fails to include in annual budget the amount correspond ing to e-e contributions or who fails by more than 30 days to remit the amount f rom the time such amount becomes due Employee, who after deducting, fails to remit to GSIS within 30 days from date t hey should be remitted Penal provisions? Heads of offices of national government, etc. who shall fail, refuse or delay th e payment, turn-over, remittance or delivery of such amounts to GSIS Membership in GSIS Enjoyment of life insurance, retirement and other social security protection suc h as disability, survivorship, separation and unemployment benefits Members of judiciary and constitutional commissions are covered by GSIS with lif e insurance only; retirement laws are governed by special laws

Is part time service included in the computation of total service rendered? As a rule, all full-time service with compensation from date of original appoint ment or election shall be computed for purpose of determining retirement benefit s. service shall mean full-time service w/ compensation. Part time service w/ compe sation shall be converted to full time equivalent. Part-time shall be converted using a 40-hour per week and 52-week per year as ba sis. Valdez v. GSIS Petitioner would want SC to reverse CA ruling rejecting his assertion that his s

ervices rendered in the MECO, MMSU, PHIVIDEC and as OIC Vice-Governor of Ilocos Norte should be credited in the computation of his retirement benefits . SC: Aside from having been rendered part-time in said agencies, the said positions w ere without compensation as defined in Section 2 (i) of R.A. No. 8291. Benefits Contingencies compensable? Retirement Separation Unemployment Disability Survivorship Death (Life Insurance and Funeral) New benefits? Unemployment benefit Separation benefit Improvement of existing benefits? Increase in Average Monthly Compensation (AMC) Limit: from AMC limit of P3,000 t o P10,000 Improvement of existing benefits? Increase in the Revalued Average Monthly Compensation (RAMC): from P140 to P700 Full enjoyment of 5-year lump sum benefit (no more discounted per PD 1146 where retiree receives only 52.17 months while it is full 60 months at present) Liberalization of eligibility requirements Allocation of at least 40% of the Social Insurance Fund (SIF) to member Loans Retirement Conditions: rendered at least 15 yrs. of service at least 60 year old at time of retirement not receiving monthly pension from permanent total disability Options: - lump sum payment of basic monthly pension multiplied by 60 plus basic monthly pension for life upon expiration of 5 years period - cash payment of 18 times the basic monthly pension plus basic monthly pension for life payable immediately upon retirement but without 5-year guaranteed perio d. If rendered at least 15 years service but is less than 60 years at time of separ ation or resignation, member will be entitled to cash payment equivalent to 18 t imes his basic monthly pension payable at the time of separation or resignation and upon reaching the age of 60 years, he will be entitled to basic monthly pens ion payable monthly for life. This is denominated as separation benefit but in reality a combination of separa tion and retirement benefits. Entitlement to retirement is premised on service of at least 15 years. Member who is 60 years old upon retirement but with less than 15 years of servic e is not entitled to retirement. What he gets is a separation benefit consisting of cash benefit equivalent to 100% of his average monthly compensation for each year of service he paid contributions but not less than P12,000 provided he has at least 3 years but less than 15 years of service. Member who has at least 15 years of service may retire at 60 or may continue in the service until 65 (compulsory retirement age) If he has less than 15 years, he may be allowed to continue in the service in ac

cordance with existing civil service rules and regulations. Extension of service is no longer mandatory in contrast to PD 1146. Notice by employer It shall be the duty of the Employer to notify its Employee at least Ninety (90) days in advance of the date of his/her compulsory retirement. Separation Separation benefit A cash payment of 18 times the Basic Monthly Pension at time of separation and a life pension to start at the age of 60 will be given to those who separate from the service with at least 15 years service and are below 60 years of age. Under PD 1146, separated member will have to wait until he is 60 years of age to receive any separation benefit. Separation: Who are eligible? Types: - rendered at least 3years but less than 15 years (cash payment equivalent to 100% of Average Monthly Compensation for every year of service payable upon reaching 60 or upon separation whichever comes later if not receiving monthly pension from permanent total disability) - rendered at least 15 years & who is below 60 at time of resignation/separatio n (cash payment equivalent to 15 times the basic Monthly Pension payable upon sepa ration plus monthly pension starting 60) Separation IRR, Rule II, Sec. 2.5: Member separated for cause automatically forfeit Unless terms of resignation or separation provide otherwise Member separated not for cause shall continue to be member & entitled subject to qualification & other prescrip tion Unemployment The benefit is paid when a permanent employee is involuntarily separated from th e service as a result of the abolition of his office or position usually resulti ng from reorganization. Who is eligible? Permanent employee who has paid 12 monthly contributions. Duration of benefit depends on length of service ranges from 2 mos. to a maxim um of 6 mos. Equivalent of benefit 50% of the average monthly compensation Options Those who have more than 15 years service may either avail of retirement or separation benefits as the case may be. Disability Any loss or impairment of the normal functions of the physical or mental faculti es of a member, which reduces or eliminates his capacity to continue with his cu rrent gainful occupation or engage in any other gainful occupation (IRR, Sec. 1 .18) Evaluation of disability as a contingency is vested solely in GSIS ( IRR, Sec. 9 .3.1) General condition for entitlement is that the disability was not due to misco nduct , notorious negligence, habitual intoxication or willful intention to kil l himself or another (IRR, Sec. 9.3.2) Permanent Total Disability A member who becomes permanently and totally disabled when he/she is in the ser vice and has paid at least 180 monthly contributions (monthly income benefit for life equivalent to basic monthly pension plus cash payment equivalent to 18 ti

mes his basic monthly pension effective on date of disability) A member who becomes permanently and totally disabled are eligible when (a) he i s in the service at time of disability or (b) separated from the service and has paid at least 36 monthly contributions within the last 5 years immediately prec eding the disability or has paid a total of at least 180 monthly contributions ( monthly income benefit for life equivalent to the basic monthly pension) A member who becomes permanently and totally disabled when he is separated from service with at least 3 years of service but has not paid 36 monthly contributio ns within the last 5 years is still eligible (cash payment equivalent to 100% of the AMC) for every year of service but not less than P12,000) Disabilities considered permanent total? Complete loss of sight in both eyes Loss of two limbs at or above ankle or wrist Permanent complete paralysis of 2 limbs Brain injury resulting in incurable imbecility or insanity Other cases as may be determined by GSIS Permanent Partial Disability A member who becomes permanently and partially disabled when - when he is in the service at time of disability; or - separated from service and has paid 36 monthly contributions within the last 5 years immediately preceding the disability or has paid a total of at least 180 monthly contributions. Permanent Partial? Any finger Any toe One arm One hand One foot or leg One or both ears Hearing of one or both ears Sight of one eye Other cases as may be determined Temporary Total Disability Accrues or arises when there is complete but temporary incapacity to continue wi th a member's present employment or engage in any gainful occupation due to the loss or impairment of the normal function of the physical and/or mental facultie s of the member. In effect, this loss or impairment can be reversed to the point where the member can continue with his previous employment or engage in another gainful occupation Gainful employment Any productive activity that provides the member with income at least equal to t he minimum compensation of government employees (IRR, Sec. 1.17) Temporary Total Disability A member who suffers temporary total disability for reasons not due to grave mis conduct, notorious negligence, habitual intoxication or willful intention to kil l himself or another may be entitled if: - he is in service at time of disability and has exhausted sick leave credits; or - if separated, has rendered at least 3 years of service and has paid at least 6 monthly contributions in the twelve month period immediately preceding his disa bility. Disability A written notice of sickness or injury shall be given by a member or anybody in his/her behalf within five (5) working days from the date of the occurrence of t he contingency. An application for disability benefits must be filed with the GSIS within Four ( 4) years from the date of the occurrence of the contingency, fully supported by required papers and documents.

Disability - forfeiture of disability benefits if member refuses or deliberately fails to: (a) have himself/herself medically treated by a physician when required by the G SIS; or (b) take the prescribed medication; or (c) have himself/herself confined in a hospital without justifiable reason, when such confinement is required by the GSIS; or (d) avail himself/herself of such rehabilitation facilities as may be duly recom mended by the GSIS and made available for him/her; or (e) observe such precautionary and/or preventive measures as prescribed by a phy sician or expressly required of him/her to prevent the aggravation or continuanc e of his/her disability. (f) report on his/her re-employment. Survivorship Those granted to surviving and qualified beneficiaries of the deceased member or pensioner to cushion them against the adverse economic, psychological and emoti onal loss resulting from the death of a wage earner or pensioner. Who are eligible? If at time of death, a member was in the service and has rendered at least 3 yea rs of service (primary beneficiaries to receive survivorship pension plus cash p ayment; secondary beneficiaries or legal heirs entitled to cash payment) If at time of death, a member was in the service with less than 3 years service or was separated from the service with at least 3 years of service and has paid 36 monthly contributions within the 5-year period immediately preceding his dea th or has paid a total of at least 180 monthly contributions prior to death (pri mary beneficiaries to receive survivorship pension plus cash payment; secondary beneficiaries or legal heirs entitled to cash payment) Primary Beneficiaries The legitimate spouse, until he/she remarries, and the dependent children. Secondary Beneficiaries (a) the dependent parents; and (b) the legitimate descendants Who are dependents? (a) the legitimate spouse dependent for support; (b) any legitimate, legitimated and/or legally adopted child, including any ille gitimate child, who is unmarried, not gainfully employed, who has not attained t he age of majority, or being at the age of majority but incapacitated and incapa ble of self-support due to a mental or physical defect acquired prior to age of majority; and (c) the parents dependent upon the member for support. GSIS v. Montesclaros Facts: SB member Nicolas Montesclaros married Milagros Orbiso. Nicolas was a 72-year ol d widower when he married Milagros who was then 43 years old. Nicolas died. Mila gros then filed with the GSIS a claim for survivorship pension under PD 1146. Th e GSIS denied the claim because under Section 18 of PD 1146, the surviving spous e has no right to survivorship pension if the surviving spouse contracted the ma rriage with the pensioner within three years before the pensioner qualified for the pension. SC: Section 18 of Presidential Decree No. 1146 void for being violative of the const itutional guarantees of due process and equal protection of the law. The proviso is unduly oppressive in outrightly denying a dependent spouse's claim for survi vorship pension if the dependent spouse contracted marriage to the pensioner wit hin the three-year prohibited period. There is outright confiscation of benefits due the surviving spouse without giving the surviving spouse an opportunity to be heard. The proviso also violated the equal protection clause because it discr iminates the dependent spouse who contracts marriage to the pensioner within thr

ee years before the pensioner qualified for the pension. Funeral Shall be paid upon the death of: (a) an active member; or (b) a member who has been separated from the service, but who is entitled to fut ure separation or retirement benefit; or (c) a member who is a pensioner (excluding survivorship pensioners); or (d) a retiree who at the time of his/her retirement is at least 60 years old but opts to retire under RA 1616; or (e) a member who retired under RA 1616 prior to the effectivity of RA 8282 with at 20 years service regardless of age. Amount is initially P12,000 but shall be increased to at least P18,000 after fiv e years. The funeral benefit shall be paid to one of the following in the order in which they appear herein below: (a) the surviving spouse; (b) the legitimate child who spent for the funeral services; or (c) any other person who can show incontrovertible proofs of having borne the fu neral expenses. Compulsory Life Insurance All employees, including the members of the Judiciary and the Constitutional Com missioners, but excluding the uniformed members of the Armed Forces of the Phili ppines (AFP), the Philippine National Police and the Bureau of Fire Protection ( BFP) and Bureau of Jail Management and Penology. Life Insurance Benefits Maturity Benefit. Upon maturity of the life insurance, the face amount less any indebtedness against the policy, shall be paid to the member; Death Benefit. When a member dies prior to the maturity of his/her insurance and during its continuance, the GSIS shall pay to the designated Beneficiaries or t o his/her legal heirs, as the case may be, the face amount less any indebtedness thereon. Accidental Death Benefit When the death of the member is accidental in accordanc e with Section 10.9.2 of IRR, the GSIS shall pay the designated beneficiaries or the legal heirs, as the case may be, an additional amount equivalent to the fac e amount of his/her compulsory insurance; Waiver of Premiums. When a member is separated due to total and permanent disabi lity, the contributions that may become due and payable during the period of dis ability shall be deemed waived and considered paid. Cash Surrender Value (CSV). After his/her insurance shall have been in force for one (1) year, a member separated from the service prior to the maturity of the insurance may be paid the cash value less any indebtedness thereon unless the te rms of his/her separation provide otherwise; Insurance Loans. Upon application, a member who has been insured for at least on e (1) year may be granted an insurance loan in an amount not exceeding Fifty Per cent (50%) of the cash value of his/her insurance at the time of application. Dividends. An annual dividend may be granted to all members of the GSIS whose li fe insurance is in force for at least one (1) year, based on records submitted b y the employer. A Dividend Allocation Formula shall be determined and circulariz ed by the GSIS for this purpose. Adjudication of Claims GSIS has original under RA 8291 w/ respect & exclusive jurisdiction to settle any dispute arising to: coverage entitlement to benefits collection & payment of contributions

- any other matter related to the any or all of the foregoing wh ich is necessary for their determination Which body of GSIS vested with Quasi-Judicial Functions? Board of Tru stees Prescriptive Period ? - 4 years from date of contingency except life & retirem ent which do not prescribe. Tax Exemption RUBIA V. GSIS - exemption of GSIS from execution does not cover refu nd of amortization payment CITY OF DAVAO V. RTC - on real property taxes, GSIS tax- exempt status in previous law was withdrawn under RA 7160 but restored under Sec. 39 RA 8291 Legal Fees A.M. No. 08-2-01-0, February 11, 2010 Facts: GSIS seeks exemption from the payment of legal fees imposed on government-owned or controlled corporations under Section 22, Rule 141 (Legal Fees) of the Rules of Court. GSIS anchors its petition on Section 39 of its charter, RA 8291. Issue: May the legislature exempt GSIS from legal fees imposed by the Court on governme nt-owned and controlled corporations and local government units? SC: Since the payment of legal fees is a vital component of the rules promulgated by this Court concerning pleading, practice and procedure, it cannot be validly an nulled, changed or modified by Congress. As one of the safeguards of this Court' s institutional independence, the power to promulgate rules of pleading, practic e and procedure is now the Court's exclusive domain. That power is no longer sha red by this Court with Congress, much less with the Executive. Congress could not have carved out an exemption for the GSIS from the payment of legal fees without transgressing another equally important institutional safegu ard of the Court's independence fiscal autonomy. Any exemption from the payment of legal fees granted by Congress to government-owned or controlled corporations and local government units will necessarily reduce the JDF and the SAJF. Undoub tedly, such situation is constitutionally infirm for it impairs the Court's guar anteed fiscal autonomy and erodes its independence. What is the effect of re-employment? A member who is re-employed is considered a new entrant if he was paid separatio n or retirement benefits corresponding to his previous services. Portability of benefits (Portability law RA 7699) A member of GSIS who does not qualify for old age and other benefits by reason of non-fulfillment of the required period of service may be able to qualify for such benefits by making use of the period during which he rendered services to a private employer and for which contributions were paid to SSS. This is allowed under RA 7699 (approved May 1, 1994) The Act instituted a limited portability scheme in the GSIS and SSS by totalizi ng the workers creditable services or contributions in each of the Systems. Portability refers to transfer of funds for the benefit and account of a worker who transfers from one system to the other (RA 7699, Sec. 2 [b]). Totalization refers to the process of adding up the periods of creditable servic es or contributions in each of the Systems for purposes of eligibility and compu tation of benefits, For purposes of totalization, overlapping periods of members hip shall be considered once only (Sec. 3) Overlapping period refers to the period during which a worker contributes simult aneously to GSIS and SSS.

SOLO PARENTS Republic Act No. 8972 approved on November 7, 2000 Otherwise known as THE SOLO PARENTS WELFARE ACT of 2000 Policy It is the policy of the State to promote the family as the foundation of the nati on, strengthen its solidarity and ensure its total development. (RRI of RA 8972) Construction These Rules shall be liberally construed in favor of the solo parent and applied in accordance with and in furtherance of the policy and objectives of the law. I n case of conflict and/or ambiguity, which may arise in the implementation of th ese Rules, the concerned agencies shall issue the necessary clarification. (RRI o f RA 8972) SOLO PARENT individual who falls under any of the following categories: (1) A woman who gives birth as a result of rape and other crimes against chasti ty even without a final conviction of the offender, provided that the mother kee ps and raises the child; (2) Parent left solo or alone with the responsibility of parenthood due to death of spouse; Parental responsibility - with respect to their minor children shall refer to the rights and duties of the parents as defined in Article 220 of Executive Order No . 209, as amended (RRI of RA 8972) (3) Parent left solo or alone with the responsibility of parenthood while the s pouse is detained or is serving sentence for a criminal conviction for at least one (1) year; The law applies to the spouses of prisoners, whether or not a final judgment has been rendered, provided they are in detention for a minimum period of one (1) ye ar. (RRI of RA 8972) SOLO PARENT individual who falls under any of the following categories: (4) Parent left solo or alone with the responsibility of parenthood due to p hysical and/or mental incapacity of spouse as certified by a public medical pr actitioner; (5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, a s long as he/she is entrusted with the custody of the children; (6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a ch urch as long as he/she is entrusted with the custody of the children; Children Refer to those living with and dependent upon the solo parent for suppor t who are unmarried, unemployed and below eighteen (18) years of age, or even ei ghteen (18) years and above but are incapable of self-support and/or mentally an d/or physically challenged. (RRI of RA 8972) SOLO PARENT individual who falls under any of the following categories: (7) Parent left solo or alone with the responsibility of parenthood due t o abandonment of spouse for at least one (1) year; (8) Unmarried mother/father who has preferred to keep and rear her /his c hild / children instead of having others care for them or give them up to a welf are institution; (9) Any other person who solely provides parental care and support to a ch ild or children; (9) Any other person who solely provides parental care and s upport to a child or children provided he/she is duly licensed as a foster paren t by the DSWD or duly appointed legal guardian by the court. (RRI of RA 8972)

(10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the pa rents or solo parent. Provided, that such abandonment, disappearance, or absence lasts for at l east one (1) year. (RRI of RA 8972) family member shall include any relative by consanguinity up to the fourt h civil degree. These persons shall include, but are not limited to, any uncle, aunt, grandfather, grandmother, niece, nephew, or cousin. (RRI of RA 8972) A change in the status or circumstance of the parent claiming benefits under the law, such that he/she is no longer left alone with the responsibility of parent hood, shall terminate his/her eligibility for these benefits. BENEFITS: (1) Comprehensive package of social development and welfare services for s olo parents and their families will be developed by the DSWD,DOH, DECS, CHED,TES DA, DOLE, NHA and DILG, in coordination with local government units and a non-go vernmental organization with proven track record in providing services for solo parents. Services: Livelihood development services; Counseling services; Parent effectiveness services; Critical incidence stress debriefing; Special projects for individuals in need of protection which include temporary s helter, counseling, legal assistance, medical care, self-concept or ego-building , crisis management and spiritual enrichment. (2)Section 6 mandates that the employer shall provide for a flexible working sch edule for solo parents provided that the same shall not affect individual and co mpany productivity and that any employer may request exemption from the above re quirements from the DOLE on certain meritorious grounds. "Flexible work schedule" is the right granted to a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer. (RRI of RA 8972) (3) Section 7 is that no employer shall discriminate against any solo parent emp loyee with respect to terms and conditions of employment on account of his/her s tatus. (4) Section 8 provides that in addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be gra nted to any solo parent employee who has rendered service of at least one (1) y ear. The seven-day parental leave shall be non-cumulative. Conditions: A solo parent shall be entitled to parental leave provided that: (a) He/She has rendered at least one (1) year of service whether continuous or broken at the time of the effectivity of the Act; (b) He/She has notified his/her employer of the availment thereof within a r easonable time period; and (c) He/She has presented a Solo Parent Identification Card to his/her employ er. (RRI of RA 8972) Crediting of Existing Leave. If there is an existing or similar benefit under a c ompany policy, or a collective bargaining agreement or collective negotiation ag reement the same shall be credited as such. If the same is greater than the seve n (7) days provided for in the Act, the greater benefit shall prevail. Emergency or contingency leave provided under a company policy or a collective b argaining agreement shall not be credited as compliance with the parental leave provided for under the Act and these Rules. (RRI of RA 8972) (5) Section 9 provides for educational benefits and scholarship programs through the DepEd, CHED and TESDA for solo parents. Benefits: (a) Scholarship programs for qualified solo parents and their children in in

stitutions of basic, tertiary and technical/skills education; (b) Non-formal education programs appropriate for solo parents and their chi ldren. (RRI of RA 8972) (6) Section 10 on the other hand gives solo parents allocation in housing projec ts and shall be provided with liberal terms of payment on said government low-co st housing projects in accordance with housing law provisions prioritizing appli cants below the poverty line as declared by the NEDA. The NHA shall make available housing units to solo parents in its housing project s subject to existing disposition policies or may refer them to other housing pr ojects, as appropriate, provided that: (a) The identified solo parent must be eligible for assistance under the pro visions of this Act; (b) Solo parents applying for housing benefits must meet the qualification c riteria for housing assistance under Republic Act 7279, or the Urban Development and Housing Act (UDHA) and other NHA eligibility criteria under existing polici es, rules and regulations; and (c) Eligible solo parents shall file their application for housing unit dire ctly with the concerned NHA Project Offices. (RRI of RA 8972) (7) Section 11 mandates the Department of Health to develop a comprehensive heal th care program for solo parents and their children. The program shall be implem ented by the DOH through their retained hospitals and medical centers and the lo cal government units (LGUs) through their provincial/district/city/municipal hos pitals and rural health units (RHUs). Procedure in accessing benefits (RRI of RA 8972) A person who needs assistance under the law shall comply with the following proc ess: (a) Visit the Social Welfare and Development Office of the city or municipal ity of her/his residence to manifest her/his need for assistance; (b) Fill up application form for the assistance, indicating but not limited to, the following information: 1. Name 2. Age 3. Address/Area of Domicile 4. Income per month 5. Source/s of income 6. Number of children 7. Circumstances of being solo; (c) Undergo the necessary assessment process as stipulated in Section 9 Arti cle IV of these Rules; (d) A Social Case Study Report shall be prepared by the social worker based on the information/data provided for by the applicant, as well as his/her assess ment of said applicant, indicating therein the appropriate services needed. (e) The Social Case Study Report, together with a referral letter prepared b y the social worker, shall be forwarded by the Office of the City/Municipal Soci al Welfare and Development Office to the agency concerned providing the appropri ate assistance/service. (f) The social worker shall inform the solo parent of the status of his/her application within thirty (30) working days from the filing of such and shall re quire him/her to visit the agency/institution providing the assistance. In case the applicant is not qualified for services under this Act, he/she will be refer red to the appropriate agency/program for assistance. (g) Upon the favorable evaluation of the social worker, a Solo Parent Identi fication Card shall be issued to the solo parent within 30 days upon application duly signed by the city/municipal Social Welfare Officer and the city/municipal mayor. The Solo Parent Identification Card is necessary for the availment of be nefits under the Act and these Rules. Such Identification Card shall be valid fo r only one (1) year, but may be renewed subject to a new assessment and evaluati on; (h) For the public's information and guidance, a list of persons who applied

and those who were able to avail of the benefits under this Act shall be made a vailable by the concerned city/municipal social welfare and development office w hich processed their applications. Review Committee A special review committee comprised of members from the DSWD, DOH, DepEd, DILG, CHED, TESDA, NHA, DOLE and other related government agencies and non-government organizations or civil society involved in the implementation of the provisions of the Act shall be created and headed by the DSWD for the purpose of evaluatin g the efficacy and relevancy of the provisions of the Act to the present situati on. SLIDE 2 PHILHEALTH Legal Bases Constitution, Art. XIII, Sec. II The State shall adopt an integrated and comprehensive approach to health development which endeavor to make essential goods, health and other social serv ices available to all the people at affordable cost. Priority to the needs of th e underprivileged, sick, elderly, disabled, women, and children shall be recogni zed. Likewise, it shall be the policy of the State to provide free medical care to paupers. History THE call to serve the rural indigents echoed since the early '60s when the Phili ppine Medical Association introduced the MARIA Project which prioritized aid to communities in need of medical assistance. The Project would then be considered a valuable precursor to the Medicare program, from which a medical care plan for the entire Philippines was created. On August 4, 1969, Republic Act 6111 or the Philippine Medical Care Act of 1969 was signed by President Ferdinand E. Marcos which was eventually implemented in August 1971. The Philippine Medical Care Commission (PMCC) was tasked to oversee the implemen tation of the program which went for almost a quarter of a century. In the 1990s, a vision for a better, more responsive government health care prog ram was prompted by the passage of several bills that had significant implicatio ns on health financing. The public's clamor for a health insurance that is more comprehensive in terms of covered population and benefits led to the development of House Bill 14225 and Senate Bill 01738 which became "The National Health Ins urance Act of 1995" or Republic Act 7875, signed by President Fidel V. Ramos on February 14, 1995. It paved the way for creation of the Philippine Health Insura nce Corporation (PhilHealth), mandated to provide social health insurance covera ge to all Filipinos in 15 years' time. PhilHealth assumed the responsibility of administering the former Medicare progr am for government and private sector employees from the Government Service Insur ance System in October 1997, from the Social Security System in April 1998, and from the Overseas Workers Welfare Administration in March 2005. IMPLEMENTING RULES & REGULATIONS OF THE NATIONAL HEALTH INSURANCE ACT of 1995 (Republic Act No. 7875 As Amended by Republic Act No. 9241) GUIDING PRINCIPLES Section 11, Article XIII of the 1987 Constitution of the Republic of the Philip pines declares that the State shall adopt an integrated and comprehensive approa ch to health development which shall endeavor to make essential goods, health a nd other social services available to all the people at affordable cost. Priorit y for the needs of the underprivileged, sick, elderly, disabled, women and child ren shall be recognized. Likewise, it shall be the policy of the State to provid e free medical care to paupers. National Health Insurance Program (NHIP) (a) Allocation of National Resources for Health The NHIP shall underscore the i mportance for government to give priority to health as a strategy for bringing a bout faster economic development and improving quality of life. (b) Universality The NHIP shall provide all citizens with the mechanism to g

ain financial access to health services, in combination with other government h ealth programs. The NHIP shall give the highest priority to achieving coverage o f the entire population with at least a basic minimum package of health insuranc e benefits; GUIDING PRINCIPLES (c) Equity The NHIP shall provide for uniform basic benefits. Access to care must be a function of a persons health needs rather than ability to pay; (d) Responsiveness The NHIP shall adequately meet the needs for personal health services at various stages of a members life; (e) Social Solidarity The NHIP shall be guided by community spirit. It must enh ance risk sharing among income groups, age groups, and persons of differing heal th status, and residing in different geographic areas; Coverage The NHIP shall cover the following members and their dependents: 1. Employed 1.1 Government sector 1.2 Private Sector to include household help and sea-based OFWs Sea-based OFW Any person who is employed or engaged in any capacity on board a seagoing ship n avigating the foreign seas other than the government ship used for military or n on-commercial purposes. The definition shall include fishermen, cruise ship pers onnel and those serving foreign maritime mobile offshore and drilling units Dependent the legal dependents of a member who are the: Legitimate spouse who is not a member; Unmarried and unemployed legitimate, legitimated, acknowledged and illegitimate children as appearing in the birth certificate, and legally adopted or stepchild ren below 21 years of age; Children who are 21 years old or above but suffering from congenital disability, either physical or mental or any disability acquired that renders them totally dependent on the member for support; Parents who are 60 years old or above, not otherwise an enrolled member, whose m onthly income is below an amount to be determined by the Corporation in accordan ce with the guiding principles. SECTION 14. GOVERNMENT AND PRIVATE SECTOR EMPLOYEES All government a nd private sector employees, including household help and sea-based OFWs, are co mpulsory members of the NHIP. All officers and uniformed and non-uniformed personnel of the AFP, PNP, BJMP a nd BFP who entered the service after the effectivity of Republic Act No.8291, ot herwise known as the new GSIS Act, on June 24,1997, are likewise compulsory memb ers of the NHIP. SECTION 15. Registration of Employers All government and private sector employe rs are required to register with the Corporation and each shall be issued a perm anent PhilHealth Employer Number (PEN). However, branches/regional offices and s ub-units are required to register with the Corporation separately from their cen tral/main offices. SECTION 18. Obligations of the Employer all government and private emplo yers are required to register their employees with the Corporation and shall be issued a permanent and unique PhilHealth Identification Number. It is likewise the obligation of the employer to report to the corporation its n ewly-hired employees within thirty (30) calendar days from assumption to office. Further, the employer has the obligation to give notice to the Corporation of an employees separation within thirty (30) calendar days from separation. Failure t o remit the premium contribution shall make the employer liable for reimbursemen t of payment for a properly filed claim in case the separated employee or the de pendent/s avail of NHIP benefits, without prejudice to the imposition of other p enalties provided for in this Rules. SECTION 19. Schedule of Premium Contribution - The schedule of premium c ontributions shall be determined by the Corporation on the basis of applicable a

ctuarial studies to be issued to members and employers in the government and pri vate sectors through a PhilHealth circular. Provided, that the amount of premium shall not exceed three percent (3%) of the members respective monthly salaries t o be shared equally by the employer and employee. SECTION 20.Payment of NHIP Premium Contribution The members monthly contribution shall be deducted and withheld automatic ally by the employer from the salary, or earnings. The employers counterpart in t he payment of contribution shall not in any manner be charged to the employee. Failure and/or refusal of the employer to deduct or remit the complete e mployees and employers premium contribution shall not be a basis for denial of a p roperly filed claim. In such case, the Corporation shall be entitled to reimburs ement of claims paid from the erring or negligent employer, without prejudice to the latters prosecution and other liabilities as may be provided. 2. Individually - Paying Members (IPM) 2.1 Self- Employed All self employed professionals Partners and single proprietors of businesses Actors and actresses, directors, scriptwriters and news correspondents who do no t fall within the definition of the term employee in Section 3n of this Rules (e-e relationship) Professional athletes, coaches, trainers and jockeys, and Individual farmers and fisherfolks 2.2 Land-based OFWs A land-based OFW is an OFW other than a sea-based OFW 2.3 Privately sponsored/employed to include employers/employees of international organizations and foreign governments based in the Philippines ers 2.4 Others including but not limited to the following: Individuals who are separated from employment Parents who are not qualified as legal dependents, indigents or retirees/pension Children who are not qualified as legal dependents Unemployed persons who are not qualified as indigents Citizens of the Philippines residing in other countries Citizens of other countries residing and/or working in the Philippines

All self-employed shall be required to enroll All self-employed and voluntary-paying members of SSS who are already enrolled i n Medicare before July 1, 1999 are deemed automatically registered, however they shall be required to update membership All land-based OFWs shall be required to enroll as individually-paying members A member of NHIP separated from employment or whose membership coverage from the indigent program has ceased should pay the required premium as an IPM to ensure continuous entitlement to benefits An IPM whose premium contributions for at least 3 months have not been paid with in the immediate 6 months prior to first day of his/her availment shall not be e ntitled to avail of benefits An IPM who has missed/unpaid premium contribution and has established sufficient regularity of premium payment shall be allowed to retroactively pay within 1 mo nth immediately following the missed period 3. Enrolled Indigents Corporation and LGUs will sign MOA for the implementation of indigent program Identification of indigent members shall be undertaken through social research survey (means test) The means test is the protocol administered at the barangay level to determine the ability of individuals and households to pay varying levels of contributions to the NHIP, ranging from those whose contributions should be totally subsidized b y the government, to those who can afford to subsidize part but not all of the r equired contributions and to those who can afford to pay.

 The premium contribution subsidy shall be shared by the national government and the LGUs 4. Retiree Members 4.1 Oldage retirees and pensioners of the GSIS, including uniformed and non-uniformed personnel of the Armed Forces of the Philippines (AFP), Philip pine National Police (PNP), Bureau of Fire Protection (BFP) and the Bureau of Jail Management and Penology (BJMP) who have reached the compulsory age of retir ement before June 24,1997, and retirees under Presidential Decree 408; 4.2 GSIS disability pensioners prior to March 4,1995; 4.3 SSS pensioners prior to March 4,1995: 4.3.1 SSS permanent total disability pensioners; 4.3.2 SSS death/survivorship pensioners; 4.4 SSS old-age retirees/pensioners; 4.5 Uniformed members o the AFP, PNP, BFP, and BJMP who have reached the compulsory age of retirement on or after June 24,1997, being the effectivity date of RA 8291 which excluded said individuals in the compulsory membership of the GSIS; 4.6 Retirees and pensioners who are members of the judiciary; 4.7 Retirees who are members of Constitutional Commissions and other constitutional offices; 4.8 Former employees of the government and/or private sectors who have accumulated/paid at least 120 monthly premium contributions as provided for by law but separated from employment before reaching sixty (60) year s old and thereafter have reached age sixty (60); 4.9 Former employees of the government and/or private sectors who were

separated from employment without completing 120 monthly premium contributions but continued to pay their premium payment as individuall ypaying members (IPM) until completion of the required 120 monthly premium contributions and have reached age sixty (60) as provided for by law; 4.10 Individually-paying members (IPM), including SSS self-employed and voluntary members, who continued paying premium contributions to PhilHealth, have reached age sixty (60) and have met the required 120 monthly premium contributions as provided for by law; and 4.11 Retired underground mine workers who have reached the age of retirement as provided for by law and have met the minimum required premium contributions.

Five Components (Courtesy of Atty. Karisma Ivee L. Agraviador) Employed Sector Compulsorily covers employees of the private sector and public sector Premium is shared by employer and employee

Annual Premium

Minimum: P1,200 (P4,999 and below) Maximum: P9,000 (P30,000 and above) Individually-paying program Covers self-employed individuals and other members of the informal sector, those who are not members under the other sub-programs, or are not qualified dependen ts of members. Premiums are paid on a quarterly, semi-annual or annual basis. Premium is a flat rate of P1,200 per year. Overseas Workers Program Covers land-based overseas Filipino workers (OFWs). Coverage is good for one year reckoned from the date of payment. Premium is a fl at rate of P900 per year. Sponsored Program Covers poor families through subsidies from government or private sponsors. Spon sors may be local government units, members of the House of Senate or House of R epresentatives, or private sponsors which includes GOCCs, in partnership with th e national government. Premium is at P1,200 per family shouldered through a sharing scheme between the sponsor and the national government. Lifetime Member Program Covers retirees and pensioners aged 60 years old or older who have paid at least 120 monthly contributions to PhilHealth and/or the old Medicare. Members under this program no longer pay premium but enjoy lifetime insurance co verage. BENEFITS SECTION 40. Benefit Package The benefits under the NHIP shall consist of the following: a. In-patient hospital care 1. Room and board 2. Services of health care professionals 3. Diagnostic, laboratory, and other medical examination services 4. Use of surgical or medical equipment and facilities 5. Prescription drugs and biologicals; a. Out patient care 1. Services of health care professionals 2. Diagnostic, laboratory and other medical services 3. Use of surgical or medical equipment and facilities 4. Personal preventive services 5. Prescription drugs and biologicals; a. Health education packages; b. Emergency and transfer services; and c. Such other health care services that the Corporation determined to be ap propriate and cost-effective. Benefit package for confinement of members and their dependents shall not exceed the benefit package provided by the Corporation. BENEFITS SECTION 41. Exclusions Expenses for the following services shall not be covered by the NHIP expert when the Corporation, after actuarial studies, recomm ends their inclusion subject to the approval of the Board: a. Fifth and subsequent normal obstetrical deliveries; b. Non-prescription drugs and devices; c. Alcohol abuse or dependency treatment; d. Cosmetic surgery; e. Optometric services; and f. Cost ineffective procedures as defined by the Corporation. Provided, that such actuarial studies must be done within a period of three (3) years, and then periodically reviewed, to determine the financial sustainability of including the foregoing personal health services in the benefit package prov

ided for under Section 10 of the NHI Act (RA 7875) as amended. BENEFITS SECTION 42. Entitlement to Benefits A member whose premium contribution for at least three (3) months have been paid within the six (6) months prior to the first day of his or his dependents availment, shall be entitled to the benef its of the Program: Provided, that such member can show that he contributed ther eto with sufficient regularity, as evidenced in their health insurance ID card: and Provided further, that he is not currently subject to legal penalties as pro vided for in Section 44 of RA 7875. Conditions: 1. 3 months within 6 months paid premium contributions prior to first da y of his or his dependents availment; and 2) sufficient regularity of premium contribution; and 3) no legal penalties as defined under RA 7875, as amended Example: Patient confined on March 15-16 Condition 1: Paid premium contributions of 3 months from September to February Condition 2: Paid contributions of 9 months from March to February Sufficient Regularity of Premium Contribution The payment of premium contribution of at least nine months within twelve-month period immediately prior to the month of availment. PhilHealth Circular No. 25, s. 2010: Nine months of contribution within 12 months prior to the month of availment for all confinements including availment of out patient benefit. The following need not pay the monthly contributions to be entitled to the Progr ams benefits: 1. Retirees and pensioners of the SSS and GSIS prior to the effectivity of the NHI Act of 1995; 2. Members who reach the age of retirement as provided for by law and hav e paid at least one hundred twenty (120) monthly contributions; and 3. Enrolled indigents. BENEFITS SECTION 43. Requirements for the Availment of Benefits To avail of NHIP benefits, a member must present the PhilHealth Identification Card/Certificate a nd/or any other proof of membership and contribution. SECTION 44. Benefits of Members and their Dependents Confirmed Abroad Me mbers and/or their dependents shall be eligible to avail of benefits for confine ment/s outside the country: Provided, that the conditions for entitlement under this Rules are met and the following requirements are submitted within one hundr ed eighty (180) calendar days from the date of discharge: a. Official receipt or any proof of payment and/or statement of account from the health care institution where the member/dependent was confined; and b. Certification of the attending physician as to the final diagnosis, period of confinement and services rendered. The benefits to be granted shall be paid in the equivalent local rate based on the tertiary hospital category or the applicable case payment rate and the speci alists rate for professional fee. Entitlement to Benefits (Courtesy of Atty. Karisma Ivee L. Agraviador) Before availing, make sure to satisfy the following: Payment of at least three (3) monthly premium contributions within the immediate six (6) months prior to the month of confinement; or confinement within the val idity period for OFW and Sponsored Members; Confinement in a PhilHealth-accredited hospital for at least 24 hours, or availm ent of an outpatient procedure done in an operating room complex of a PhilHealth -accredited facility. The 45-day room and board allowance for the applicable year and the maximum bene

fit per single period of confinement has not been exhausted. Confinement in a PhilHealth-accredited hospital for at least 24 hours, or availm ent of an outpatient procedure done in an operating room complex of a PhilHealth -accredited facility. The 45-day room and board allowance for the applicable year and the maximum bene fit per single period of confinement has not been exhausted. However, Individually-Paying Members shall be required nine (9) months of premiu m payment within the immediate 12-month period prior to confinement for the foll owing procedures/services: 1. Maternity Care Package and other pregnancy related benefits 2. Hemodialysis and Peritoneal Dialysis 3. Chemotherapy administration 4. Radiation oncology services 5. Elective surgeries Exception to 24-hour confinement rule Emergency Cases Patient Died Patient was transferred to a PhilHealth-accredited hospital within 24 hours Period to file claims Phil. Health v. Chinese General Hospital SC: The unreasonably strict implementation of the 60-day rule, without regar d to the causes of delay beyond respondent's control, will be counter-productive to the long-term effectiveness of the NHIP. Instead of placing a premium on par ticipation in the Program, Philhealth punishes an accredited health provider lik e CGH by refusing to pay its claims for services already rendered. The fact is that it was not RA 7875 itself but Section 52 of its Implementing Ru les and Regulations which established the 60-day cut-off for the filing of claim s. DUTIES and RESPONSIBLITIES of a PHILHEALTH MEMBER On Membership Have in possession at all times your PhilHealth Number Card or Identific ation Card. Update your Member Data Record (MDR) for any change in personal informat ion such as change in civil status or addition of a new dependent. Request for a replacement in case of loss of PhilHealth Number Card or I dentification Card. On Contributions Ensure that you promptly and regularly pay your contributions (for Indiv idually Paying Members and Overseas Workers Program Members) to avoid suspension of benefits. DUTIES and RESPONSIBLITIES of a PHILHEALTH MEMBER For Employed Sector Members: For newly hired employees, check if your name is reported by your emplo yer to PhilHealth in the Er2 Form (Report of Employee Members). Ensure that your monthly PhilHealth contributions are deducted from your salary and promptly remitted and reported by your employer to PhilHealth. Report to PhilHealth at once an employer who does not remit premium paym ents. Ensure that you have sufficient qualifying contributions to avail of Ph ilHealth benefits anytime. On Benefit Availment Secure an updated list of PhilHealth accredited facilities from any Phil Health office wherein you can avail of benefits. Submit a properly and completely filled-up PhilHealth Claim Form 1 to th e hospital and ensure that all the information you stated in the said form are t rue and factual . DUTIES and RESPONSIBLITIES of a PHILHEALTH MEMBER On Benefits Availment Ensure that you properly and completely submit all the necessary documen

ts to the hospital including a copy of your Member Data record (MDR) to avail of PhilHealth benefits. Clarify with providers (hospital/doctor),the appropriate and final benef its deducted upon settlement of bills and charges. Ask for a copy of your Statement of Account/billing Statement from the h ospital upon discharge. Ask for an Official Receipt (OR) and Waiver from the Hospital and doctor for payments made in full. Ensure that your claim, if you opt for direct filing, is filed at PhilHe alth within sixty (60) days from the date of discharges for local confinements, and within one hundred eighty (180) days for confinements abroad. DUTIES and RESPONSIBLITIES of a PHILHEALTH MEMBER What else you must do Be aware of amendments and updates on PhilHealth policies and benefits s chedule. Seek clarification from any PhilHealth office on any unclear policy or g uideline. Report at once to PhilHealth any hospital that fails, without valid reas on, to accommodate a PhilHealth member who wishes to avail of benefits. Report at once to PhilHealth any fraudulent transaction that you know ab out. Observe and comply with PhilHealth rules and regulations as there are of fenses in its Implementing Rules and Regulations that a member may be held liabl e for. DUTIES and RESPONSIBILITIES of an EMPLOYER On Registration and Amendment Register your company with PhilHealth for you to be assigned a PhilHealt h Employer Number (PEN). Register your employees with PhilHealth so they can be assigned a PhilH ealth Identification Number (PIN). New employee/s must be enrolled in PhilHealth within thirty (30) days from assumption to office. Notify PhilHealth of an employees separation within thirty (30) calendar days from separation through the Employers Remittance Report (RF-1) Immediately inform PhilHealth of any change in company data such as addr ess, business name, or in case of temporary/permanent cessation of business oper ations. DUTIES and RESPONSIBILITIES of an EMPLOYER On Premium Contributions and Remittances Deduct monthly PhilHealth contributions from employees salary based on th e premium contribution schedule Remit premium contributions of employees, together with the employers cou nterpart premium, to PhilHealth or any accredited bank/agent on before the 10th day of the month following the applicable month. Failure to remit the contributions and submit the remittance report shall make t he employer liable for the reimbursement of payment of a properly filed claim in case the concerned employee or his/her dependent avails of PhilHealth benefits. (Sec.20, Rule III, The Implementing Rules and Regulations of RA 7875) Submit to the PhilHealth the Employers Remittance Report(RF-1) on or befo re the 15the of the month following the applicable month. Settle with PhilHealth any previous arrearages on premium remittances. DUTIES and RESPONSIBILITIES of an EMPLOYER Observe and comply with PhilHealth rules on contributions and remittanc es as there are offenses under its Implementing Rules and Regulations that an e mployer may be held liable for. On Benefits Availment Keep employees updated on amendments in PhilHealth policies and increase in benefits. Properly fill up and certify PhilHealth Claim Form 1 and comply with oth er requirements to enable employees to avail of benefits. Seeks clarification from any PhilHealth office on any unclear guideline

or requirement in benefits availment. Philippine Health Insurance Corporation Attached to the Department of Health for Policy coordination and guidance Quasi-judicial power: to conduct investigations for the determination of a quest ion, controversy, complaint, or unresolved grievance brought to its attention, a nd render decisions, orders, or resolutions thereon. It shall proceed to hear an d determine the case even in the absence of any party who has been properly serv ed with notice to appear. xxx Corporation shall be governed by a Board of Directors composed of eleven member s as follows: The Secretary of Health; The Secretary of Labor and Employment or his representative; The Secretary of the Interior and Local Government or his representative; The Secretary of Social Welfare and Development or his representative; The President of the Corporation; A representative of the labor sector; A representative of employers; The SSS Administrator or his representative; The GSIS General Manager or his representative; A representative of the self-employed sector; and A representative of health care providers. The Secretary of Health shall be the ex officio Chairperson while the President of the Corporation shall be the Vice Chairperson of the Board POINTERS FOR FINALS: Social security as a social legislation Coverage of social security protection Whether solo parents act apply to private and public Prescription under GSIS Whether solo parent can avail of housing projects Retirees under Philhealth Parental leave under Philhealth Demolition and eviction under 7279 When is member entitled to Philhealth benefits Who are beneficiaries of 7279; meaning of beneficiaries; related to beneficiarie s Portability, 7699, in relation to SSS and GSIS members Survivorship benefit under GSIS Maternity leave benefit under SSS Coverage under GSIS