Social Welfare Legislation A. Social Security Act Government Service Insurance Act

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2005 CENTRALIZED BAR OPERATIONS
Social Welfare Legislation A. Social Security Act; Government Service Insurance Act;
SSS
GSIS
Policy Objectives:
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 meaningful protection to members and their beneficiaries against the hazards of disability, sickness, maternity, old age, and death, and other contingencies resulting in loss of income or financial burden. (sec. 2 RA 8282) 1. Any person a. natural, juridical, domestic, foreign who b. carries on in the Philippines trade, business, industry, undertaking Uses services of another, under his order as regards employment [8 (c)] 1. National government, political subdivisions, branches, agencies, instrumentalities Government owned and/or controlled financial institutions with original charters Constitutional Commissions and judiciary [2 (c)] the
Covered Employer:
c.
2.
3.
2. Self-employed both employer and employee [8 (c) ] 1. Any person who performs services for an employer in which either or both mental and physical efforts are used and who received compensation for such services, where there is an employeremployee relationship; 1.
Covered Employee:
Any person, receiving compensation while in the service of an employer as defined herein, whether by election or appointment, irrespective of status of appointment Barangay officials Sanggunian Officials [sec. 2(d)]
A self-employed person shall be both employee and employer at the same time [8 (d)]
2. 3.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Rotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
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1. Spouse 1. Spouse Legal spouse entitled by law to receive support [8 (e) (1)] 2. Child a. legitimate b. legitimated c. Legally adopted d. Illegitimate child who is unmarried, and not gainfully employed and has not reached 21 years of age or he is congenitally incapacitated or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally; [8(e)(2)] 3. Parent Who was receiving regular support from the member. [8(e)(3)] dependent 2. Child a. b. c. d. Legitimate and for support legitimate .legitimated Legally adopted illegitimate who is unmarried, not gainfully employed, not over the age of majority, or is over the age of majority but incapacitated and incapable of self-support due to a mental or physical defect acquired prior to age of majority;
Dependents:
3. Parents
legitimate parents dependent upon the member for support
Beneficiaries:
1. Primary a. Dependent spouse until he or she remarries b. Dependent legitimate, legitimated, or legally adopted, and illegitimate children, provided, that the dependent illegitimate children shall be entitled to 50% of the share of the legitimate, legitimated, or legally adopted children, c. In the absence of legitimate. Legitimated or legally adopted child, the ill. child shall receive 100% benefit
1. Primary a. Legal dependent spouse until he/ she remarries and b. The dependent children
2. Secondary Dependent parents
2. Secondary a. The dependent parents and b. Subject to the restrictions on dependent children, the legitimate descendants
1.
Others In the absence of all the foregoing, any other person designated by the covered employee as secondary beneficiary. [8(k) and 15

San Beda College of Law

MEMORY AID
IN
126 LABOR LAW
Compulsory a. Employees not over 60 years of age and their employers; [9 (a)] b. Domestic helpers whose monthly income shall not be less than Php 1000 a month. [9 (a)]. c. Self-employed persons including but not limited to: Self-employed professionals Partners and single proprietors of businesses Actors, actresses, directors, scriptwriters and news correspondents Professional athletes, coaches, trainers and jockeys Individual farmer and fishermen [9-A]
Coverage
Compulsory All employees receiving compensation who have not reached the compulsory retirement age, irrespective of employment status, Except: a. members of the armed forces of the Philippines and the Philippine National Police, subject to the condition that they must settle first their financial obligation with the GSIS, and b. Contractuals who have no employer and employee relationship with the agencies they serve. c. Members of the judiciary and constitutional commissions who shall have life insurance only.
Voluntary a. Filipinos recruited by foreignbased employers for employment abroad [9 (c) ] b. Spouses who devote full time to managing the household and family affairs, unless they are also engaged in other vocation or employment which is subject to mandatory coverage [9(b)] c. Employees separated from employment may continue to pay contributions to maintain his right to full benefits. d. Self-employed with no income (11-A) By Agreement Any foreign govt, intl organization, or their wholly-owned instrumentality employing workers in the Philippines, may enter into an agreement with the Philippine government for the inclusion of such employees in the SSS except those already covered by their respective civil service retirement systems.
LABOR LAW COMMITTEE

CHAIRPERSON: Francis Benedict Rotutar ASSISTANT CHAIRPERSON: Juanito Lim, Jr. SUBJECT HEADS: Aimee Roselle Sabilala(Labor Standards), Elsa Villaflor(Labor Relations), Maria Fe Taal (Special Laws) EDP: Flora Sherry Basquiez ASST. EDPS: Jennifer Trinidad, Ma. Jasmine Isip, Emil Bien Ongkiko, Kareen Faye Pioquinto
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Excluded employment: 1. Employment purely casual and not for the purpose of occupation or business of the employer 2. Service performed on or in connection with an alien vessel by an employee if he is employed when such vessel is outside the Philippines. 3. Service performed in the employ of the Philippine government or instrumentality or agency thereof. 4. Service performed in the employ of a foreign government, international organization, or their wholly owned instrumentality; 4. Services performed by temporary employees which may be excluded by regulation of the commission. 1. Compulsory Covered Employee a. His employers contribution on his account and his obligation to pay contribution arising from that employment shall cease at the end of the month of separation b. Employee shall be credited with all contributions paid on his behalf and entitled to benefits according to the provisions of this Act and he may , however, continue to pay the total contributions to maintain his right to full benefit. 2. Effect of Interruption of Business or professional Income a. If the self-employed realizes no income in any given month, he shall not be required to pay contributions for that month. He may, however, be allowed to continue paying contributions under the same rules and regulations applicable to separated employee member; PROVIDED that no retroactive payment of contributions shall be allowed other than as prescribed under section 22-A hereof.
Effect of Separation from Employment
A member separated from the service shall continue to be a member, and shall be entitled to whatever benefits he has qualified to in the event of any contingency compensable under this act.


MEMORY AID
IN
128 LABOR LAW
Each Employer shall immediately report to the SSS names, ages, civil status, occupations, salaries and dependents of all his employees who are subject to compulsory coverage; [24 (a)] Self-employed Member Each covered self-employed person, shall within 30 days from the first day he started the practice of his profession or business operations, register and report to the SSS his name, age, civil status, and occupation, average monthly net income and his dependents. Employees contribution Employers contribution based on salary
Reporting Requirement
The employer shall report to the GSIS the names of all its employees, their corresponding employment status, positions, salaries and such other pertinent information, including subsequent changes therein, if any, as may be required by the GSIS.
Amount bracket
Funding
Compensationall actual remuneration for employment, including the mandated cost of living allowance, as well as the cash value of any remuneration paid in any medium other than cash except that part of the remuneration received during the month in excess of the maximum salary credit as provided under sec. 18 [8(f)] Where an employer refuses or neglects to pay the same shall be collected by the SSS in the same manner as taxes are made collectible under the National Internal Revenue Code, as amended. Failure or refusal of the employer to pay or remit the contributions herein prescribed shall not prejudice the right of the covered employee to the benefits of the coverage. [22(b)]
Employer contribution Member contribution Government guarantees the fulfillment of the obligations of the GSIS to its members as and when they fall due.
Effect of non-remittance
Government guarantees the fulfillment of the obligations of the GSIS to its members as and when they fall due.
LABOR LAW COMMITTEE

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Benefits
1. 2. 3. 4. 5. 6. 7. 8.
Monthly pension Dependents pension Retirement benefits Death Permanent disability Funeral Sickness Maternity
All 1. 2. 3. 4. 5. 6. 7.
Members Life Insurance Retirement Permanent disability Temporary disability Survivorship Separation Funeral
Judiciary & Constitutional Commissions Life insurance only

1. 2. 3. 4. Non-work connected disability, sickness Maternity Old Age Death 1. Non-work connected disability, sickness, death Permanent disability no benefit if due to: a. Grave misconduct b. Notorious negligence c. Habitual intoxication d. Willful intention to kill himself or another 2. 3. 4. Survivorship Separation Unemployment
Basis of Claim
Prescriptive Period
Ten years from the time the right of action accrues obligation created by law (Art. 1144 (2) Civil Code) 1. 2. Benefits non-transferable paid only to such persons entitled Personal claim/ collection power of attorney in favor of another to collect not recognized except if the beneficiary is physically unable to collect personally Beneficiary who is a national of a foreign country which does not extend benefits to a Filipino residing in the Philippines, or which is not recognized by the Philippines shall not be entitled to receive any
Claims for benefits under the GSIS Act, except for life and retirement, shall prescribe after four years from the date of contingency
Benefit Protection
3.


MEMORY AID
IN
130 LABOR LAW
benefits; But SS Commission may direct payments without regard to nationality or country of residence if best interest of the SSS will be served. TAXES / ATTACHMENTS 1. Benefits exempt taxes, fees or charges, 2. Not liable to attachments, garnishments, levy, seizures by or under legal or equitable process whether before or after receipt except pay debts. Benefits exempt taxes, assessments, fees or duties of all kinds. 1. Exempt from attachment, garnishment, execution, levy or other processes issued by the courts, quasijudicial agencies or administrative bodies 2. COA disallowances and from all financial obligations of the members, including his pecuniary accountability arising from or caused or occasioned by his exercise or performance of his official functions or duties, or incurred relative to or in connection with his position or work except when his monetary liability, contractyual or otherwise, is in favor of the GSIS.
Benefit Protection
FEES No fees to agent, attorney or other person-in-charge of preparation, filing or pursuing claim. Any stipulation to the contrary shall be void. Any member of the Philippine Bar who appears as counsel in any case heard by the SS Commission shall be entitled to 10% of the benefits awarded. Any stipulation to the contrary shall be void. Whenever other laws provide similar benefits for the same contingencies covered by this act, The member who qualifies to the benefits shall have the option to choose which benefits will be paid to him. However, if the benefits provided by the law chosen are less than the benefits provided under this act, the GSIS shall pay only the
Exclusivity of Benefits
LABOR LAW COMMITTEE

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difference.
Disputes involving: a. Coverage b. Benefits c. Contributions d. Penalties e. Any other matter related thereto. Agency: Social Security Commission Decided within the mandatory period of 20 days after the submission of evidence
Any dispute arising under this act and any other laws administered by the GSIS
Agency: GSIS Decide the case within 30 days from the receipt of the hearing officers findings and recommendations or 30 days after submission for decision
Dispute settlement
Decision final and executory 15 days after date of notification [5 (b)] Appeals 1. Court of Appeals Rule 43 (31) 2. Supreme Court Rule 45 (31) Appeals shall not stay the execution of the order or award unless ordered by the board, CA or SC Execution of Decision When no appeal is perfected and there is no order to stay by the Board, CA, or by the SC, any decision or award of the board shall be enforced and executed in the same manner as the decisions of the RTC.
Appeals 3. Court of Appeals laws and fact [5 (c)] 4. Supreme Court questions of law. [5 (c)]
Execution of Decision Commission may, motu propio or on motion of any interested party, issue a writ of execution to enforce any of its decisions or awards, after it has become final and executory.


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124

2005 CENTRALIZED BAR OPERATIONS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

2005 CENTRALIZED BAR OPERATIONS

legitimate parents dependent upon the member for support

2. Secondary Dependent parents

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

126 LABOR LAW

LABOR LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

Effect of Separation from Employment

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

128 LABOR LAW

LABOR LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

Judiciary & Constitutional Commissions Life insurance only

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

San Beda College of Law

130 LABOR LAW

LABOR LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

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