Professional Documents
Culture Documents
Kimberly Benazir May R. Codilla Notes
Some notes taken from Dexter Caligdong
***Caveat: Use this material at your own risk***
• The purpose in granting to the Commission the quasi-judicial "(e) Dependents - The dependents shall be the
power to settle conflicting claims is to expedite and to settle the following:
same within the shortest time possible. "(1) The legal spouse entitled by law to
receive support from the member;
• As long as no action has been filed in the regular courts putting "(2) The legitimate, legitimated or legally
in issue the validity of a second or subsequent marriage, the adopted, and illegitimate child who is
Commission may pass upon the question of who between two or unmarried, not gainfully employed, and
more women claiming the benefit is entitled thereto. has not reached twenty-one (21) years of
age, or if over twenty-one (21) years of
• While the Social Security Commission performs administrative as age, he is congenitally or while still a
well as quasi-judicial functions and that it can sue in the RTC minor has been permanently
either as regards its administrative actions, or in the enforcement incapacitated and incapable of self-
and protection of its private rights, the rule is otherwise when the support, physically or mentally; and
acts complained of form part of its quasi-judicial functions. "(3) The parent who is receiving regular
support from the member.
• In exercising its quasi-judicial powers, the Commission ranks "(j) Employment - Any service performed by an
with the RTC. It necessary follows that an RTC has no jurisdiction employee for his employer except:
to issue writs against the Commission. **VIP Section 8(j) paragraph 1 of the
Republic Act 1161 as amended by
• The Court of Appeals is the appellate jurisdiction of the Social Republic Act No. 8282
Security Commission. "(1) Employment purely casual and not
for the purpose of occupation or
business of the employer;
Section 8 of RA 1161 as amended by RA 8282 "(2) Service performed on or in
"(c) Employer- Any person, natural or juridical, connection with an alien vessel by an
domestic or foreign, who carries on in the employee if he is employed when such
Philippines any trade, business, industry, vessel is outside the Philippines;
undertaking, or activity of any kind and uses the "(3) Service performed in the employ of
services of another person who is under his the Philippine Government or
orders as regards the employment, except the instrumentality or agency thereof;
Government and any of its political subdivisions, "(4) Service performed in the employ of a
branches or instrumentalities, including foreign government or international
corporations owned or controlled by the organization, or their wholly-owned
Government: Provided, That a self-employed instrumentality: Provided, however, That
person shall be both employee and employer at this exemption notwithstanding, any
the same time. foreign government, international
organization or their wholly-owned
"(d) Employee - Any person who performs instrumentality employing workers in the
services for an employer in which either or both Philippines or employing Filipinos outside
mental or physical efforts are used and who of the Philippines, may enter into an
receives compensation for such services, where agreement with the Philippine
Social Legislation and Agrarian Reform Law 2
Kimberly Benazir May R. Codilla Notes
Some notes taken from Dexter Caligdong
***Caveat: Use this material at your own risk***
Government for the inclusion of such • Domestic services – that which is rendered in connection with
employees in the SSS except those the maintenance of the residence of the employer and for the
already covered by their respective civil purpose of ministering to his wants and those of the members of
service retirement his household.
systems: Provided, further, That the
terms of such agreement shall conform • The nature of the services, and not the duration thereof, is
with the provisions of this Act on determinative of coverage and non-coverage under the Act.
coverage and amount of payment of
contributions and • Non-coverage on the basis of casual employment:
benefits: Provided, finally, That the i. Services must not be merely irregular, temporary or
provisions of this Act shall be intermittent, but the same must also be in connection with the
supplementary to any such agreement;
business or occupation of the employer.
and
ii. Engaged to perform tasks or services which are not usually
"(5) Such other services performed by
temporary and other employees which necessary and desirable in the usual trade.
may be excluded by regulation of the
Commission. Employees of bona fide *Irregular- no definite assurance.
*Intermittent- not continuous.
independent contractors shall not be
deemed employees of the employer Dependent vs Beneficiary
engaging the service of said contractors. - before the death of the member the wife, children,
parents are called as dependents. They are called
beneficiaries at the time of death or after the death of the
IMPORTANT CONCEPT:
SSS member.
RA 8282 provides that casual employees engaged
by a person or entity for an undertaking not
related to the latter’s business, trade or industry is Beneficiaries of the SSS follow a rule of EXCLUSION
exempted from the mandatory coverage of the
SSS Law. Funeral benefits can be claimed by anyone as long as there
is a receipt showing the expenses incurred.
***VIP (Section 8(k) of Republic Act No. 161 as
amended by Republic Act No. 8282 Is it required that a dependent parent is a legitimate
"(k) Beneficiaries - The (1) dependent spouse parent?
until he or she remarries, (2)the dependent - there is no distinction, as long as recognized by the
legitimate, legitimated or legally adopted, and member he is entitled to receive benefits
illegitimate children, who shall be the primary - since the law is silent, as long as the law does not
beneficiaries of the member: Provided, That the distinguish we shall not distinguish
dependent illegitimate children shall be entitled to
fifty percent (50%) of the share of the legitimate, "(l) Contingency - The retirement, death,
legitimated or legally adopted disability, injury or sickness and maternity of the
children: Provided, further, That in the absence of member.
the dependent legitimate, legitimated children of
the member, his/her dependent illegitimate Scope of the Term Employer
children shall be entitled to one hundred percent In RE: Petition for exemption from coverage of the SSS
(100%) of the benefits. In their absence, (3) the Roman Catholic Archbishop of Manila vs SSS
dependent parents who shall be the secondary Under the law is sufficiently comprehensive as to include
beneficiaries of the member. In the absence of all religious entities not organized for profit. This is made
the foregoing, any other person designated by the more evident by the fact that the law itself enumerates the
member as his/her secondary beneficiary. kinds of employment excepted; employment in the
Primary beneficiaries: aforesaid institutions or entities is not among them.
i.Dependent spouse until he or she remarries
ii.Dependent children The funds contributed to the System are not public funds,
but funds belonging to the members which are merely held
Secondary beneficiaries: in trust by the Government.
i. In the absence of the primary beneficiaries, the dependent
parents
Payment shall be made to the priest not because he is a
ii. In the absence of the foregoing, any other person
priest but because he is an employee.
designated by the member.
Test to Determine Existence of Employer- Employee
Degree of Dependence – it has been held that a Relationship
spouse who lived separately from the deceased cannot
qualify as a beneficiary; she could not be considered a Investment Planning Corporation vs SSS
dependent spouse. Control Test – whether the employer controls or has
reserved the right to control the employee not only as to
result of the work to be done but also as to the means and
Dependence required – entitlement to benefits as a methods by which the same is to be accomplished.
primary beneficiary requires not only legitimacy but
Social Security System vs Court of Appeal and Manila
also dependence upon the member employee. Thus, a
Cosmos Aerated waters Factory
spouse of deceased member, who cohabited with 4 factors in determining whether or not there is an
another man, though legitimate, cannot be considered employer-employee relationship
dependent. 1. Selection and engagement of employment
2. Payment of wages
Discussion: 3. Power of dismissal
Wife as to the beneficiary 4. Power to control employees conduct
- No need for court of legal separation, as long as there is proof
that the spouse is unfaithful, he or she cannot claim benefits ** penumbral sui generis each case must be determined
- must be cohabiting
on its own fact and all features of relationship are to be
- did not give any ground to disqualify him or her
considered.
• Rule of exclusion applies – if there are primary beneficiaries, the
second beneficiaries cannot get anything. Two Requirement of casual employee to be excluded in
the SSS Compulsory coverage
• If no one will claim, the State will not be the heir of the
member; it will just revert back to the pension fund.
Social Legislation and Agrarian Reform Law 3
Kimberly Benazir May R. Codilla Notes
Some notes taken from Dexter Caligdong
***Caveat: Use this material at your own risk***
-married and cohabiting male members with his wife Philippines, or which is not recognized by the
Philippines, shall not be entitled to receive any benefit
under this Act:Provided, further, That notwithstanding
Signey vs SSS the foregoing, where the best interest of the SSS will be
Case tells us who are to be considered as dependent served, the Commission may direct payments without
spouses and the requirements: regard to nationality or country of
1. not enough that they are legally married residence: Provided, further, That if the recipient is a
2. must cohabit with the husband minor or a person incapable of administering his own
3. not given grounds for separation or have not given affairs, the Commission shall appoint a representative
under such terms and conditions as it may deem
grounds to be disqualified proper: Provided, further, That such appointment shall
not be necessary in case the recipient is under the
Waiver not accepted custody of or living with the parents or spouse of the
- benefits in the SSS law cannot be waived or transferred member in which case the benefits shall be paid to such
under the SSS Law parents or spouse, as representative payee of the
recipient. Such benefits are not transferable and no
power of attorney or other document executed by those
Dycaico vs SSS entitled thereto in favor of any agent, attorney or any
- issue is Section 12 B(d) of RA 8282: they cohabited for a other person for the collection thereof on their behalf
longer time but got married after the retirement of the SSS shall be recognized, except when they are physically
member unable to collect personally such
benefits: Provided, further, That in case of death
benefits, if no beneficiary qualifies under this Act, said
SSS released new guidelines after the Dycaico case: benefits shall be paid to the legal heirs in accordance
SSS Order 2010-025 with the law of succession.
1. Spouses are living together as husband and wife without
any legal impediment to marry each other prior to the Discussion:
retirement of the member Such benefits are non-transferable and no power of
2. Surviving spouse was recorded as the beneficiary spouse attorney or other document executed by those entitled
recorded in the SSS forms prior to the retirement of the thereto, in favor of any agent, attorney or any other person
member for the collection thereof on their behalf shall be
3. Circumstance: A child was born during the existence of recognized; except when the beneficiary is physically
the marriage between the retired pensioner and the unable to collect personally such benefits.
surviving spouse In case of death benefits, if no beneficiary qualifies under
4. Marriage shall be formed during the time the spouses this Act, said benefits shall be paid to the legal heirs in
were living together as husband and wife has no legal accordance with the law on succession. (*descending
impediment to marry each other order)(*if minor or incompetent, there must be a guardian)
5. Marriage between the surviving spouse and the
pensioner is established no to have been contracted not for "SEC. 16. Exemption from Tax, Legal Process and Lien. --
a fraudulent purpose. The branch concerned shall conduct All laws to the contrary notwithstanding, the SSS and all its
an appropriate investigation to satisfy such requirement assets and properties, all contributions collected and all
accruals thereto and income or investment earnings
Indicator of a marriage celebrated in good faith: therefrom as well as all supplies, equipment, papers or
Retired pensioner and the surviving spouse have documents shall be exempt from any tax, assessment, fee,
charge, or customs or import duty; and all benefit payments
subsequently lived together as husband and wife.
made by the SSS shall likewise be exempt from all kinds of
taxes, fees or charges, and shall not liable to attachments,
"SEC. 17. Fee of Agents, Attorneys, Etc. - No
garnishments, levy or seizure by or under any legal or
agent, attorney or other person in charge of the
equitable process whatsoever, either before or after receipt
preparation, filing or pursuing any claim for benefit
by the person or persons entitled thereto, except to pay any
under this Act shall demand or charge for his
debt of the member to the SSS. No tax measure of
services any fee, and any stipulation to the
whatever nature enacted shall apply to the SSS, unless it
contrary shall be null and void. The retention or
expressly revokes the declared policy of the State in
deduction of any amount from any benefit granted
Section 2 hereof granting tax-exemption to the SSS. Any
under this Act for the payment of fees for such
tax assessment imposed against the SSS shall be null and
services is prohibited: Provided, however, That
void.
any member of the Philippine Bar who appears as
counsel in any case heard by the Commission
• Sec. 19 (Employer’s Contributions)
shall be entitled to attorneys' fees not exceeding
ten percent (10%) of the benefits awarded by the
Commission, which fees shall not be payable Notwithstanding any contract to the contrary, an employer
before the actual payment of the benefits, and any shall not deduct, directly or indirectly, from the
stipulation to the contrary shall be null and void. compensation of his employees covered by the SSS or
otherwise recover from them the employer’s contributions
"SEC. 19. Employer's Contributions. - (a) with respect to such employees.
Beginning as of the last day of the month when an
employee's compulsory coverage takes effect and • Sec. 22 (Remittance of Contributions)
every month thereafter during his employment, his
employer shall pay, with respect to such covered The contributions payable under this Act in cases where an
employee, the employer's contribution in employer refuses or neglects to pay the same shall be
accordance with the schedule indicated in Section collected by the SSS in the same manner as taxes are
Eighteen of this Act. Notwithstanding any contract made collectible under the NIRC.
to the contrary, an employer shall not deduct, Failure or refusal of the employer to pay or remit the
directly or indirectly, from the compensation of his contributions herein prescribed shall not prejudice the right
employees covered by the SSS or otherwise of the covered employee to the benefits of the coverage.
recover from them the employer's contributions • The imposition upon and payment by the delinquent
with respect to such employees.
employer of the 3% penalty, for late remittance of
"SEC. 15. Non-Transferability of Benefits. - The SSS premium contributions, is mandatory and cannot be waived
shall promptly pay the benefits Provided in this Act to by the System.
such persons as may be entitled thereto in accordance
with the provisions of this Act: Provided, That the SSS
shall pay the retirement benefits on the day of • The Act attaches greater importance to the
contingency to qualified members who have submitted requirements that the employer makes a timely report of
the necessary documents at least six (6) months the employee’s name and personal data for coverage under
before: Provided, further, That the beneficiary who is a
national of a foreign country which does not extend the System than that of timely remittance of premiums.
benefits to a Filipino beneficiary residing in the
Social Legislation and Agrarian Reform Law 5
Kimberly Benazir May R. Codilla Notes
Some notes taken from Dexter Caligdong
***Caveat: Use this material at your own risk***
NOTE:
Read RA 8282
Kasambahay Law
Paternity Law
RULINGS
OF
CASES:
any
right
to
work
on
their
part.
All
these
considerations
1. Investment
Planing
vs
SSS
clash
frontally
with
the
concept
of
employment.
The
specific
question
of
when
there
is
"employer-‐ 5. SSS
vs
Manila
Jockey
employee
relationship"
for
purposes
of
the
Social
Security
Act
has
not
yet
been
settled
in
this
jurisdiction
The
logic
of
the
situation
indeed
dictates
that
where
the
by
any
decision
of
this
Court.
But
in
other
connections
element
of
control
is
absent;
where
a
person
who
wherein
the
term
is
used
the
test
that
has
been
works
for
another
does
so
more
or
less
at
his
own
generally
applied
is
the
so-called
control
test,
that
pleasure
and
is
not
subject
to
definite
hours
or
is,
whether
the
"employer"
controls
or
has
reserved
conditions
of
work,
and
in
turn,
is
compensated
the
right
to
control
the
"employee"
not
only
as
to
according
to
the
result
of
his
efforts
and
not
the
the
result
of
the
work
to
be
done
but
also
as
to
the
amount
thereof,
we
should
not
find
that
the
means
and
methods
by
which
the
same
is
to
be
relationship
of
employer
and
employee
exists."
accomplished.
6. Republic
vs
Asiapro
Cooperative
Where
the
element
of
control
is
absent;
where
a
In
the
case
at
bar,
the
pilots
are
not
under
the
orders
of
person
who
works
for
another
does
so
more
or
less
the
boat-‐owners
as
regards
their
employment.
They
go
at
his
own
pleasure
and
is
not
subject
to
definite
out
to
sea
not
upon
direction
of
the
boat-‐owners,
but
hours
or
conditions
of
work,
and
in
turn
is
upon
their
own
volition
as
to
when,
how
long
and
compensated
according
to
the
result
of
his
effort,
where
to
go
fishing.
Much
less
do
the
boat-‐owners
in
the
relationship
of
employer-employee
does
not
any
way
control
the
crew-‐members
with
whom
the
exist.
former
have
no
relationship
whatsoever.
These
crew-‐
members
simply
join
every
trip
for
which
the
pilots
After
a
study
of
the
records
and
applying
the
"control
allow
them,
without
any
reference
to
the
owners
of
the
tests,"
there
appears
to
be
no
question
that
the
vessel.
existence
of
an
employer-‐employee
relationship
between
Romeo
Carreon
and
QTC
has
been
established.
8. Roman
Catholic
Archbishop
of
Manila
vs
SSS
4. Manila
Golf
&
Country
Club
vs
IAC
In
the
case
at
bar,
the
definition
of
the
term
Caddies
must
submit
to
some
supervision
of
their
"employer"
is,
we
think,
sufficiently
comprehensive
conduct
while
enjoying
the
privilege
of
pursuing
their
as
to
include
religious
and
charitable
institutions
occupation
within
the
premises
and
grounds
of
or
entities
not
organized
for
profit,
like
herein
whatever
club
they
do
their
work
in.
For
all
that
is
appellant,
within
its
meaning.
made
to
appear,
they
work
for
the
club
to
which
they
attach
themselves
on
sufference
but,
on
the
This
is
made
more
evident
by
the
fact
that
it
other
hand,
also
without
having
to
observe
any
contains
an
exception
in
which
said
institutions
or
working
hours,
free
to
leave
anytime
they
please,
to
entities
are
not
included.
And,
certainly,
had
the
stay
away
for
as
long
they
like.
Legislature
really
intended
to
limit
the
operation
of
the
law
to
entities
organized
for
profit
or
gain,
it
would
not
It
is
not
pretended
that
if
found
remiss
in
the
have
defined
an
"employer"
in
such
a
way
as
to
include
observance
of
said
rules,
any
discipline
may
be
meted
the
Government
and
yet
make
an
express
exception
of
them
beyond
barring
them
from
the
premises
which,
it
it.
may
be
supposed,
the
Club
may
do
in
any
case
even
absent
any
breach
of
the
rules,
and
without
violating
There
is
no
merit
in
the
claim
that
the
inclusion
of
religious
organizations
under
the
coverage
of
the
Social
Social Legislation and Agrarian Reform Law 7
Kimberly Benazir May R. Codilla Notes
Some notes taken from Dexter Caligdong
***Caveat: Use this material at your own risk***
Security
Law
violates
the
constitutional
prohibition
a
dependent,
the
only
requirements
are
that
he/she
against
the
application
of
public
funds
for
the
use,
must
be
below
21
years
of
age,
not
married
nor
benefit
or
support
of
any
priest
who
might
be
gainfully
employed.
employed
by
appellant.
The
funds
contributed
to
the
Section
8(e)
and
(k)
of
R.A.
No.
8282
provides:
System
created
by
the
law
are
not
public
funds,
but
funds
belonging
to
the
members
which
are
merely
held
SEC.
8.
Terms
Defined.For
the
in
trust
by
the
Government.
purposes
of
this
Act,
the
following
terms
shall,
unless
the
context
At
any
rate,
assuming
that
said
funds
are
impressed
indicates
otherwise,
have
the
with
the
character
of
public
funds,
their
payment
as
following
meanings:
retirement
death
or
disability
benefits
would
not
constitute
a
violation
of
the
cited
provisions
of
the
x
x
x
Constitution,
since
such
payment
shall
be
made
to
the
priest
not
because
he
is
a
priest
but
because
he
is
an
(e)
Dependents
The
employee.
dependent
shall
be
the
following:
(1)
The
legal
spouse
entitled
by
law
to
receive
support
from
the
member;
2)
The
legitimate,
legitimated,
9. Ben
Sta.
Rita
vs
SSS
or
legally
adopted,
and
illegitimate
child
who
is
unmarried,
not
What
the
Memorandum
of
Agreement
did
was
to
gainfully
employed
and
has
not
record
the
understanding
between
the
SSS
on
the
one
reached
twenty-one
years
(21)
of
hand
and
the
DOLE
on
the
other
hand
that
the
latter
age,
or
if
over
twenty-‐one
(21)
years
would
include
among
the
provisions
of
the
Standard
of
age,
he
is
congenitally
or
while
still
Contract
of
Employment
required
in
case
of
overseas
a
minor
has
been
permanently
employment,
a
stipulation
providing
for
coverage
of
the
incapacitated
and
incapable
of
self-‐
Filipino
seafarer
by
the
SSS.
support,
physically
or
mentally;
and
It
may
be
noted
that
foreign
shipowners
and
manning
3)
The
parent
who
is
agencies
had
generally
expressed
their
conformity
to
receiving
regular
support
from
the
the
inclusion
of
Filipino
seafarers
within
the
coverage
member.
of
the
Social
Security
Act
even
prior
to
the
signing
of
the
DOLE-‐SSS
Memorandum
of
Agreement.
x
x
x
It
is
worthy
of
special
note
that
by
extending
the
(k)
Beneficiaries
The
benefits
of
the
Social
Security
Act
to
Filipino
dependent
spouse
until
he
or
she
seafarers
on
board
foreign
vessels,
the
individual
remarries,
the
dependent
legitimate,
employment
agreements
entered
into
with
the
legitimated
or
legally
adopted,
and
stipulation
for
such
coverage
contemplated
in
the
illegitimate
children,
who
shall
be
DOLE-SSS
Memorandum
of
Agreement,
merely
give
the
primary
beneficiaries
of
the
effect
to
the
constitutional
mandate
to
the
State
to
member:
Provided,
That
the
afford
protection
to
labor
whether
"local
dependent
illegitimate
children
shall
or
overseas."
be
entitled
to
fifty
percent
(50%)
of
the
share
of
the
legitimate,
legitimated
10. Dycaico
vs
SSS
or
legally
adopted
children:Provided,
further,
That
in
the
absence
of
the
dependent
legitimate,
legitimated
or
For
if
it
were
the
intention
of
Congress
to
prevent
sham
marriages
or
those
entered
in
contemplation
legally
adopted
children
of
the
of
imminent
death,
then
it
should
have
prescribed
a
member,
his/her
dependent
illegitimate
children
shall
be
entitled
definite
duration-of-relationship
or
durational
to
one
hundred
percent
(100%)
of
the
period
of
relationship
as
one
of
the
requirements
for
entitlement
to
survivors
pension.
benefits.
In
their
absence,
the
The
proviso
as
of
the
date
of
his
retirement
in
Section
dependent
parents
who
shall
be
the
secondary
beneficiaries
of
the
12-‐B(d)
of
Rep.
Act
No.
8282
runs
afoul
of
the
due
member.
In
the
absence
of
all
of
the
process
clause
as
it
outrightly
deprives
the
surviving
spouses
whose
respective
marriages
to
the
retired
SSS
foregoing,
any
other
person
members
were
contracted
after
the
latters
retirement
designated
by
the
member
as
his/her
secondary
beneficiary.
of
their
survivors
benefits.
There
is
outright
confiscation
of
benefits
due
such
surviving
spouses
SEC.
13.
Death
Benefits.
Upon
the
death
of
a
member
without
giving
them
an
opportunity
to
be
heard.
who
has
paid
at
least
thirty-‐six
(36)
monthly
11. Signey
vs
SSS
contributions
prior
to
the
semester
of
death,
his
primary
beneficiaries
shall
be
entitled
to
the
monthly
pension
–xxx-.
Whoever
claims
entitlement
to
the
benefits
provided
by
law
should
establish
his
or
her
right
thereto
by
substantial
evidence.
Since
petitioner
is
disqualified
to
be
a
beneficiary
and
because
the
deceased
has
no
legitimate
child,
it
follows
that
the
dependent
illegitimate
minor
children
of
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