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Social Legislations: Bar Questions 2013-1987

I. Year 2013

1. Because of the stress in caring for her four (4) growing children, Tammy
suffered a miscarriage late in her pregnancy and had to undergo an operation. In
the course of the operation, her obstetrician further discovered a suspicious-
looking mass that required the subsequent removal of her uterus (hysterectomy).
After surgery, her physician advised Tammy to be on full bed rest for six (6)
weeks. Meanwhile, the biopsy of the sample tissue taken from the mass in
Tammy’s uterus showed a beginning malignancy that required an immediate
series of chemotherapy once a week for four (4) weeks.

(a) What benefits can Tammy claim under existing social legislation?

Answer: Assuming she is employed, Tammy is entitled to a special
leave benefit of two months with full pay (Gynecological Leave) pursuant to
R.A. 9710 or the Magna Carta of Women. She can also claim Sickness
Leave benefit in accordance with the SSS Law.

(b) What can Roger, Tammy’s 2nd husband and the father of her two (2)
younger children, claim as benefits under the circumstances?

Answer: Under R.A. 8187 or the Paternity Leave Act of 1996, Roger
can claim paternity leave of seven (7) days with full pay if he is lawfully
married to Tammy and cohabiting with her at the time of the miscarriage.

II. Year 2012

1. Jennifer, a receptionist at Company X, is covered by the SSS. She was
pregnant with her fourth child when she slipped in the bathroom of her home and
had a miscarriage. Meanwhile, Company X neglected to remit the required
contributions to the SSS. Jennifer claims maternity leave benefits and sickness
benefits. Which of these two may she claim?

a) None of them;
b) Either one of them;
c) Only maternity leave benefits;
d) Only sickness benefits.

Answer: c) Only maternity leave benefits [Sec. 14-A (c), RA 1161
(SSS Law) as amended by RA 8282]

2. H files for a seven-day paternity leave for the purpose of lending
support to his wife, W, who suffered a miscarriage through intentional
abortion. W also filed for maternity leave for five weeks. H and W are

Rules Prescribing the Retirement Age for Underground Mine Employees. c) 15. Can A claim maternity benefits? If yes. she can avail of the maternity benefits under the law. 2010 1. . III. b) 10. why is she not entitled? Answer: Yes. The SSS Law does not discriminate based on the civil status of a female member-employee. 22 (b)(2) of the Magna Carta of Women (RA No. b) Paternity leave shall be denied because W is with her parents. As long as said female employee has paid at least three (3) monthly contributions in the twelve-month period immediately preceding the semester of her childbirth. May 9. has been an active member of the Social Security System for the past 20 months. 1998]. she is entitled to one hundred percent (100%) of her average salary credit for seventy-eight (78) days. 9710). d) Maternity leave shall be denied because grant of paternity leave bars claim for maternity leave. among others (See Section 14-A. provided she notifies her employer of her pregnancy and the probable date of her childbirth. how many days can she go on maternity leave? If not. which is a few blocks away from H’s house. Answer: (b) Paternity leave shall be denied because W is with her parents [RA 8187. legally married but the latter is with her parents.1. c) Maternity leave shall be denied because it does not cover aborted babies. How many years of service is the underground mine employee required to have rendered in order to be entitled to retirement benefits? a) 5. Since A gave birth through C-section. 8282) The same maternity benefits are ensured by Sec. Answer: 5 [Section 2. She became pregnant out of wedlock and on her 7th month of pregnancy. 0005-04-1998. RA No. single. she was informed that she would have to deliver the baby through caesarean section because of some complications. d) 20. Section 2] `3. A. Which of the following statements is the most accurate? a) Paternity leave shall be denied because it does not cover aborted babies.

in very productive and lucrative posts. a CPA-lawyer and Managing Partner of an accounting firm. 8(d) – any person who performs services for an employer in which either or both mental and physical efforts are used and who receives compensation for such service. Miss Maganda. (a) Did Renan commit acts of sexual harassment in a work-related or employment environment? Reasons. if not all. b. Atty.” 2. After the seminar. he persuaded her to accompany him to the mountain highway in Antipolo for sight-seeing. a. Renan told Maganda that most. Renan. (b) Can a member of a cooperative be deemed an employee for purposes of compulsory coverage under the Social Security Act? Explain. irrespective of employment status. of the lady supervisors in the firm are where they are now. Renan requested Maganda to stay. purportedly to discuss some work assignment. Suggested answer: Yes. conducted the orientation seminar for newly-hired employees of the firm. Renan asked Maganda to go out with him for dinner and ballroom dancing. This conclusion is predicated upon the following consideration: . Suggested answer: Atty. under the SSS Law. because of his favorable endorsement. The Section 8(d) SSS Law defines an employee as – “Sec. Thereafter. subject to compulsory coverage. an employee of a cooperative. (a) State briefly the compulsory coverage of the Government Service Insurance Act. Answer: The following are compulsorily covered by the GSIS pursuant to Sec. All employees receiving compensation who have not reached the compulsory retirement age.IV. not over sixty (60) years of age is. Members of the judiciary and constitutional commissions for life insurance policy. During all these. among them. where there is an employer-employee relationship. Left alone in the training room. Year 2009 1. 3 of RA 8291. Renan is guilty of sexual harassment.

89[c]). Membership in SSS is in compliance with a lawful exercise of the police power of the State. As Tito’s employer.. designed to provide social security to workingmen. industry. The SSS Law covers any person natural. It may discerned. Rayala. It is enough that Atty. undertaking or activity and uses the services of another under his order as regards employment (Sec. Atty. and may not be waived by agreement of any party (Phil. 2. would you grant his request? Why? Suggested answer: No. Renan’s act result in creating an intimidating. he asked his employer to stop deducting from his salary his SSS monthly contribution. The acts of Atty. with equal certitude from the acts of the offender (Domingo vs. 3. V. 546 SCRA 90 [2008]). it is not essential that the demand.00 a month. request or requirement of a sexual favor. I am bound by law to remit to SSS Tito’s monthly contribution. juridical. 1. domestic or foreign. regardless of whether it is accepted or not by Miss Maganda.000. hostile or offensive environment for Miss Maganda. Renan has authority. He is barely able to make ends meet with his salary of Php 4. Year 2007 . business. 4. Renan towards Miss Maganda resound with deafening clarity the unspoken request for a sezual favor. VI. reasoning out that he is waiving his social security coverage. One day. The compulsory coverage of employers and employees under the SSS Law is actually a legal imposition on the employers and employees. it is not necessary that the demand. Year 2008 Tito Paciencioso is an employee of a foundry shop in Malabon. While the law calls for a demand. In sexual harassment. Inc. carrying in the Philippines trade. 17 SCRA 1077[1966]). Metro Manila. request or requirement be made as a condition for continued employment or promotion to a higher position. Blooming Mills. influence or moral ascendancy over Miss Maganda. v. requent or requirement of a sexual favor be articulated in a categorical oral or written statement. SSS. If you were Tito’s employer. Co.

Year 2006 As a condition for her employment . Who is right? Decide. The law is compensating the female worker because of her maternal function and resultant loss of compensation. the continued employment of said individual (Sec. requests or otherwise requires any sexual favor from the latter as a condition for. what action or actions will you take? Explain. I will file a complaint for work-related sexual harassment which. The Social Security Law. 2005 1. discriminate or otherwise prejudice a woman employee merely by reason of her marriage. She asked Owen. discharge. disability or retirement? Please explain your answer briefly. inter alia. RA 7877). 136 of the Labor Code which provides that it is unlawful for an employer to require as a condition of continued employment or continuation of employment that a woman employee shall not get married. which administers the Maternity Benefit Program does not require that the relationship between the father and the mother of the child be legitimate. is pregnant with her fifth child. AB. influence or moral ascendancy over another demands. she will be considered resigned or separated from the service. Suggested answer: As counsel for Josephine. VIII. She complained to higher authorities but to no avail. or to stipulate expressly or tacitly that upon getting married a woman employee shall be deemed resigned or separated. 3. insinuating some sexual favors. . the personnel manager. Josephine got married. She hires you as her counsel. The law is morality free. 7699 beneficial or advantageous to SSS and GSIS members in terms of their creditable employment services in the private sector or the government. as the case may be. if the company can reconsider the agreement. He told Josephine he can do something about it. for purposes of death. or to actually dismiss. VII. single and living-in with CD (a married man). She applied for maternity leave but her employer refused the application because she is not married. otherwise. Josephine signed an agreement with her employer that she will not get married. I will likewise file a complaint for illegal dismissal citing Art. occurs when a person who has authority. as in the case at bar. Suggested answer: AB is right. How are the “portability” provisions of Republic Act No.

The law did not distinguish and we should not therefore distinguish. The HRD manager of the assurance firm denied his application. . and they got married. Weto or the HRD manager? Suggested answer: (a) The contention of Weto is correct. They had four (4) children. In October this year. The important fact is that his is the first child of Jovy with Weto. their creditable employment services and contributions are carried over and transferred from one system to the other. He then fell in love with Jovy. 2. therefore.Suggested answer: The “portability” provisions of Republic Act No. (a) Whose contention is correct. Jovey is Weto’s legitimate spouse with whom he is cohabiting. 7699 allows the transfer of funds for the account and benefit of the worker who transfers from one system to another. The fact that Jovy is his second wife and that Weto had 4 children with his first wife is beside the point. disability or retirement benefits. his entitlement to paternity leave benefits would begin to run anew. In the event the employees transfer from the private sector to the public sector. 3. conformably with the provisions of the Paternity Leave Law which took effect in 1996. He has accordingly filed his application for paternity leave. His wife of six (6) years died last year. To deny Weto this benefit would be to defeat the rationale for the law. Weto’s new wife is expected to give birth to her first child. on the ground that Weto had already used up his entitlement under that law. RA 8187). The paternity leave was intended to enable the husband to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly- born child (Sec. Weto argued that he has a new wife who will be giving birth for the first time. or vice-versa. The law provides that every married male is entitled to a paternity leave of seven (7) days for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting (Sec. This is advantageous to the SSS and GSIS members for purposes of death. 2. his co-employee. RA 8187). Mans Weto had been an employee of Nopolt Assurance Company for the last ten (10) years.

Perry Winkle called Carissa into his office a few days before submitting her performance ratings. as a female employee. she is not entitled to the benefit. Winkle’s warning of “watch out” clearly manifests that the refusal of such sexual favor would jeopardize Carissa’s continued employment. He denied having demanded. In her reply affidavit. a third rating of “below average” will result in termination. A rating of “outstanding” is rewarded with a merit increase. According to the bank’s personnel policy. Winkle’s insistence in inviting Carissa “to spend the night with him in his rest house” is pregnant with sexual meaning as to imply the request or demand for a sexual favor. Mr. if Jovy. In his counter-affidavit. Winkle renewed his invitation. (b) Is Jovy entitled to maternity leave benefits? Suggested answer: Yes. Suggested answer: I will hold Mr. Carissa found that her third and last rating was again “below average. She was given a “below average” rating in the last two periods. Undaunted. otherwise. Winkle with the Department of Labor and Employment. and . A few days later. 14-A. Carissa claimed that there was no need for a prior referral to the Committee on Decorum and Discipline of her complaint. 3. was due for her performance evaluation which is conducted every six months. Mr. b. Perry Winkle guilty of sexual harassment. as amended). a comely bank teller. influence or moral ascendancy over Carissa. he claimed that he was enamored with Carissa. He also alleged that the complaint was premature because Carissa failed to refer the matter to the Committee on Decorum and Discipline for investigation and resolution before the case against him was filed.” Carissa then filed a complaint for sexual harassment against Mr. She politely declined. and Carissa again declined. This resolution is predicated mainly upon the following considerations: a. Perry Winkle exercises authority. Mr. Mr. RA 1161. He then warned her to “watch out” because she might regret it later on. Carissa. Mr. c. has paid at least three (3) monthly contributions in the twelve-month period immediately preceding the semester of her childbirth (Sec. He invited her to spend the night with him in his rest house. Resolve the case with reasons. much less received any sexual favors from her in consideration of giving her an “outstanding” rating.

influence or moral ascendancy – should have demanded. The law only requires that the GSIS member was in the service at the time of his death so that his beneficiaries may claim survivorship benefits. he was on leave. Zhop filed a claim with the GSIS for death benefits. her claim was denied because (i) when Odeck was killed. he – as a person of authority. Resolve with reasons whether GSIS is correct in denying the claim. He was just on leave. Zhop. be said to have violated the Anti-Sexual Harassment Act of 1995 if he clearly discriminates against women in the adoption of policy standards for employment and promotions in the enterprise? Explain. and (ii) she was not the dependent spouse of Odeck when he died. 7877). was Odeck’s surviving spouse whom he had abandoned for another woman years back. a policeman. Winkle’s invitation for such sexual favor will clearly result in an intimidating. he was shot to death by one of the protagonists. RA No. However. the employer is guilty of discrimination against women employees which is declared to be unlawful by the Labor Code. When she learned of Odeck’s death. Instead. He intends to report back to work after his leave. d. For an employer to commit sexual harassment. Odeck was still in the service. Mr. he is not guilty of sexual harassment. While resting in their house. Odeck. Odeck rushed to the scene intending to pacify the protagonists. IX. Suggested answer: When an employer discriminates against women in the adoption of policy standards for employment and promotion in his enterprise. was on leave for a month. Suggested answer: The GSIS is not correct in denying the claim. Carissa is correct in stating that there was no need for a prior referral of her complaint to the Committee on Decorum and Discipline because nothing in the law shall preclude the victim of sexual harassment from instituting a separate and independent action for damages and other affirmative relief (Section 6. the sole proprietor of a business enterprise. 4. 2003 Can an individual. a housemaid. requested or . hostile or otherwise offensive working environment for Carissa. because Odeck was on leave when he was killed. he heard two of his neighbors fighting with each other. However.

On the question of whether or not he can avail himself of this benefit 50 days after the delivery of his wife. [Philippine Blooming Mills Co. she can claim maternity benefit. In August 2000. no such act was committed by the sole proprietor. 2000 1. also out of wedlock. However. The Collective Bargaining Agreement of the Golden Corporation Inc. Sara Mira is an unwed mother with three children from three different fathers. 50 days after the first delivery by his wife? Suggested answer: A male employee may go on Paternity Leave up to four (4) children (Sec. it is integration and not exemption from SSS law. SSS. Still. X. 17 SCRA 107 (1966). The company and the union jointly filed a petition with the Social Security System for exemption from coverage. 3. Suggested answer: Yes. 14-A. the plan may be integrated with the SSS plan. Mira claim maternity benefits under the Social Security Act of 1997? Reason. it is the best welfare plan in the Philippines. Inc. if the private plan is superior to that of the SSS. Will the petition for exemption from coverage prosper? Reason. 1161 as amended by RA No. The welfare plan of the company is funded solely by the employer with no contributions from the employees. request or requirement for submission is accepted by the object of said act. 2.otherwise required a sexual favor from his employee whether the demand. for example. Admittedly. Suggested answer: No. Entitlement thereto is not dependent on the claimant’s being legally married (Sec. v. In 1999. Ms. because coverage under the SSS is compulsory where employer- employee relations exist. and again by a different father. In the question. and the Golden Corporation Workers Union provides a package of welfare benefits far superior in comparison with those provided for in the Social Security Act of 1997. the answer is: Yes. Social Security Act of 1997). RA 8187). XI. Can Ms. 8282] . RA No. she became a member of the Social Security System. she suffered a miscarriage. 2002 How many times may a male employee go on Paternity Leave? Can he avail himself of this benefit. he can because the Rules Implementing Paternity Leave Act says that the availment should not be later than 60 days after the date of delivery.

shook her hand and patted her on the shoulder. commit sexual harassment? Reason. by the above acts. Did the Personnel Manager. 1983 until his untimely demise on May 27. The Personnel Manager replied: “You will be more attractive if you will wear micro-mini dresses without the undergarments that ladies normally wear. while interviewing an attractive female applicant for employment. 1997. by the above reply. because the Personnel Manager. Anti-Sexual Harassment Act] (b) In the course of an interview. Suggested answer: Yes. . the Personnel Manager’s reply to the applicant’s question whether she qualifies for the position she is applying for does not constitute sexual harassment. 1997. On May 27. On April 27. [Sec. He was immediately brought to a clinic for emergency treatment but was pronounced dead on arrival.” Did the Personnel Manager. Under the circumstances.(a) A Personnel Manager. 5. which reads: “You are hereby designated to prepare the MODEL DAM project. Pitoy Mordeno was employed as a public school teacher at the Marinduque High School from July 1. You are hereby instructed to complete this MODEL DAM on or before the scheduled date of the contest. He also asked the applicant if he could invite her for dinner and dancing at some future time. 1997. 4. 1997. inviting the applicant for dinner or dancing creates a situation hostile or unfriendly to the applicant’s chances for a job if she turns down the invitation. stared directly at her for prolonged periods. is in a position to grant or not to grant a favor (a job) to the applicant. 3(a)(3). a man. he came to contact with a live wire and was electrocuted. the manager accompanied the applicant to the door. while working on the MODEL DAM Project in his house. which he took home to enable him to finish it before the deadline.” Mordeno complied with his superior’s instruction and constructed an improvised electric microdam. a memorandum was issued by the school principal. The death certificate showed that he died of cardiac arrest due to accidental electrocution. commit an act of sexual harassment? Reason. RA No. But the Manager’s statement may be offensive if attire or physical look is not a criterion for the job being applied for. The Personnel Manager did not ask for or insinuate a request for a sexual favor in return for a favorable action on her application for a job. After the interview. Suggested answer: No. 7877. albeit in a friendly manner. which will be the official entry of the school in the forthcoming Division Search for Outstanding Improvised Secondary Science Equipment for Teachers to be held in Manila on June 4. another female applicant inquired from the same Personnel Manager if she had the physical attributes required for the position she applied for.

which was denied on the ground that Pitoy Mordeno’s death did not arise out of and in the course of employment and therefore not compensable because the accident occurred in his house and not in the school premises. Is the cause of death of Pitoy Mordeno (cardiac arrest due to accidental electrocution in his house) compensable? Why? Suggested answer: Yes. (b) the Revised Government Service Insurance Act and (c) the Employees Compensation Act. 3. a. 9. RA 8291) shall be compulsory for all permanent employees below 60 years of age . Coverage in the SSS shall also be compulsory upon all self-employed persons earning P1. (his only son) filed a claim for death benefits with the Government Service Insurance System (GSIS). Answer: (a) Coverage of SSS (Sec. Not being a beneficiary. the death need not be work connected. To be compensable under the GSIS Law. Filipinos recruited in the Philippines by foreign-based employers for employment abroad may be covered by the SSS on a voluntary basis. Pepay Palaypay (Pitoy Mordeno’s common-law wife for more than twenty years) and Pitoy Mordeno Jr.800 or more per annum. 1997 State the respective coverages of (a) the Social Security Law. Pepay Palaypay is not entitled to receive survivorship benefits. Is Pepay Palaypay entitled to file a claim for death benefits with the GSIS? Why? Suggested answer: The beneficiaries of a member of the GSIS are entitled to the benefits arising from the death of said member. (b) Membership in the Government Service Insurance System (Art. Death benefits are called survivorship benefits under the GSIS Law. RA 8282) shall be compulsory upon all employees not over sixty years of age and their employers. XII. She is not a beneficiary because she is a common-law wife and not a legal dependent spouse. b.

any progression of her ailment is no longer compensable.upon appointment to permanent status. (c)Coverage in the State Insurance Fund (Art. In 1985. Is the GSIS correct in denying the claim? Explain. Provided. The GSIS granted the claim and awarded Efrenia permanent partial disability benefits. and any person employed as casual. She has been in the government service since 1951 up to November. 168. 626. she accidentally slipped. In March. After an X-ray examination. temporary. substitute or contractual. Labor Code) shall be compulsory upon all employers and their employees not over sixty (60) years of age. whether elected or appointed. in the service of an employer is a covered employee if he receives compensation for such service. 1996 Efrenia Reyes was a classroom teacher assigned by the Department of Education. Efrenia filed with the GSIS a petition for conversion of her disability status to permanent total disabilities with corresponding adjustment of benefits. Her back hit the edge of a desk. or any person compulsorily covered by the SSS are covered by the Employees Compensation Program. . 1985 her condition worsened. as amended. Any person. She later complained of weak lower extremities and difficulty in walking. subject to regulations as it may prescribe. while she was teaching her Grade 1 pupils the proper way of scrubbing and sweeping the floor. that an employee who is over 60 years of age and paying contributions to qualify for the retirement or life insurance benefit administered by the System shall be subject to compulsory coverage. XIII. 1982. GSIS denied the claim stating that after Efrenia’s retirement. Culture and Sports (DECS) in Panitan. emergency. and for all elective officials for the duration of their tenure. she filed with the GSIS a claim for disability benefits under Presidential Decree No. After she underwent a surgical operation on her spine in November. she was found to be suffering from Pott’s disease and was advised to undergo an operation. In 1990. (Art. 170) Any person compulsorily covered by the GSIS including the members of the Armed Forces of the Philippines. 1985 when she retired at 55 due to poor health. Capiz. The Employees Compensation Commission shall ensure adequate coverage of Filipino employees employed abroad.

Was Reyes still an “employee” for the purpose of applying the above provision of the Labor Code? Liberally construing said provision. charges SAMSON for the equipment supplied to the guards such as uniforms. Reyes may be considered still as an employee so that she could receive additional benefits for the progression of her ailment. in turn. Answer: Liability lies against the State Insurance Fund administered by the SSS. Thus. impleaded SAMSON as third- party defendant before the Arbiter. Decide who should be held liable. XIV. in turn. pistols and ammunition and cost of training of guards JARILLO wants replaced. . During a storm. if any employee under permanent partial disability suffers another injury which results in a compensable disability greater than the previous injury. Jarillo is deemed to be the employer of the guards in view of the direct payment of wages to the guards. JARILLO undertook to pay directly to the guards the agreed wages. the State Insurance Fund shall be liable for the income benefit of the new disability even after her retirement. The contract between SAMSON and JARILLO expressly stipulated that Samson’s security guards are its employees and not that of JARILLO. This is a case of death in connection with the employees’ work. JARILLO. the provisions of the Labor Code dealing with employees compensation should determine her right to benefits. JARILLO. 1994 Samson Security Agency (SAMSON) undertook to provide 24 hours security service to Jarillo Realty (JARILLO) in the latter’s construction operations.Answer: Considering that the disability of Reyes is work connected. if there are benefits arising from employer-employee relationship. which are subsequently deducted from the monthly payments to SAMSON under its contract with JARILLO. To facilitate payment. According to said provisions. SAMSON undertook to hold JARILLO free from any liability whatsoever resulting from injuries which its (SAMSON’s) guards may suffer or be exposed to suffer as guards of JARILLO’s construction operations. several scaffoldings of JARILLO fell and killed two (2) guards whose families later sued JARILLO. Jarillo should be held answerable.

TAPANG is a duly licensed security agency and a bona fide independent contractor. DAVAO GOLD. 1992. The records of the SSS show that Serangco designated as his beneficiaries Marietta Uy. son. Also. and their indirect employer. On May 10. the true and real employer being DAVAO GOLD. 1979. Gloria Seranco. DAVAO GOLD maintains that it has no employer-employee relationship with TAPANG’s security guards assigned to secure its mining area since it has no control over hiring/dismissal of its guards. a self-employed person is both an employee and employer at the same time. TAPANG claims that there is no employer- employee relationship. Social Security Law) XVI. born June 30. where there is an employer-employee relationship. By way of answer to the complaint. died on May 1. an SSS member for 20 years. daughter. born July 16. 1982 and depended upon him for support. Eduardo Serangco. 1992 1. TAPANG SECURITY. copy of a marriage contract duly certified and sealed by the civil registrar of Pasig. Gloria and Jose Serangco. (Sec. Who is deemed an “employer” for purposes of coverage under the SSS Law? b. Marietta Uy opposed Josefa Costa’s claim. . A person is deemed an “employee” for purposes of coverage under the Social Security Law if such person performs services for an employer in which either or both mental and physical efforts are used and who received compensation for such services. On May 16. keeping a certain percentage of the amount for office expenses and supervisory fees. assigned to guard the mining area of DAVAO GOLD CORPORATION. wife. a. since it has only two (2) office employees whose duties are to monitor their assignment and hours of work and to pay the salaries under the agency contract of the security guards from the funds remitted by DAVAO GOLD. filed a complaint against both their direct employer. 1993 Seventy (70) private security guards of TAPANG SECURITY AGENCY CORPORATION.XV. Josefa Costa filed a claim for death benefits alleging that she was married to the late Eduardo Serangco on October 15. 1992. Answer: a. 1992. 1981. On the other hand. and Jose Serangco. Under the above facts whose duty is it to bring the security guards for compulsory coverage pursuant to the SSS Law? Discuss. the SSS granted Marietta Uy funeral benefits. are entitled to death benefits because they were the primary beneficiaries designated by the deceased Serangco. when they discovered they could not avail of the benefits of the Social Security System law for the failure of respondents TAPANG or DAVAO GOLD to remit its contributions to the System. She attached to her claim. contending that she her children. 8(d). Rizal.

To whom shall the SSS award death benefits? Why? Answer: Under the Social Security Law. death benefits are to be paid to the primary beneficiaries of the deceased employee. who are unmarried. assuming that they are also unmarried and are not gainfully employed. xxx” Then in Article XIII of the Constitution. . (Article 8(e). Thus. provided that they are congenitally incapacitated and incapable of self-support. On the other hand. legitimated or legally adopted children. among others: “The State shall. it is also stated that “the State shall promote industrialization and full employment based on sound agricultural development and agrarian reform. Gloria and Jose Serangco are dependent children because they are still not over twenty one years of age. or over twenty one years of age. in dealing with the national economy and patrimony. The marriage of the deceased employee to Costa is bigamous.” In Article XII of the Constitution. not gainfully employed and not over twenty one years of age. in dealing with social justice and human rights. As such primary beneficiaries. there is this provision. by law. If there are no primary beneficiaries then to the secondary beneficiaries. What is the foundation of the agrarian reform program under the 1987 Constitution? Who are the direct beneficiaries of the program? Answer: The 1987 Constitution enunciates in Article II as one of the state policies that “the State shall promote comprehensive rural development and agrarian reform. 1991 1. The legitimate wife of the deceased employee is Marietta Uy and not Josefa Costa. The primary beneficiaries of a deceased employee are the dependent spouse until he or she remarries and dependent children. (k). a dependent spouse is the legitimate spouse dependent for support upon the employee and dependent children are legitimate. Marietta is primary beneficiary together with her children Gloria and Jose. Social Security Law) Considering the above provisions of the Social Security Law. XVII. the SSS should award to them the death benefits arising from the death of Eduardo Serangco.

subject to such priorities and reasonable retention limits as the Congress may prescribe.” Taken together. and g) Others directly working on the land. To this end. The State shall further provide incentives for voluntary landsharing. or workers on the land. who are qualified to be awardees of not more than three (3) hectares. A basic qualification of a beneficiary shall be his willingness. Beneficiaries under Presidential Decree No. taking into account ecological. the above provisions could be considered as the foundation of the agrarian reform program. to own directly or collectively the lands they till or in the case of other farm-workers. and subject to the payment of just compensation. The children of landowner. to receive a just share of the fruits thereof. who are landless. developmental. lessees. Actual tenant-tillers in the landholding shall not be ejected or removed therefrom. 27 who have culpably sold. d) Other farmworkers. If. landless residents of the same municipality in the following order of priority: a) Agricultural lessees and share tenants. the State shall encourage and undertake the just distribution of all agricultural lands. b) Regular farmworkers. aptitutde. the State shall respect the right of small landowners. c) Seasonal farmworkers. The DAR shall submit periodic reports on the performance of the beneficiaries to the CARP. Under the Comprehensive Agrarian Reform Law. e) Actual tillers or occupants of public lands. disposed of. due to the landowner’s retention rights or to the number of tenants. or equity considerations. there is not enough land to accommodate any or . f) Collectives or cooperatives of the above beneficiaries. the lands covered shall be distributed as much as possible to landless residents of the same barangay or in the absence thereof.undertake an agrarian reform program founded on the right of farmers and regular farm-workers. shall be given preference in the distribution of the land of their parents. so that any beneficiary guilty of negligence or misuse of the land or any support extended to him shall forfeit his right to continue as such beneficiary. or abandoned their land are disqualified to become beneficiaries under the CARP. The DAR shall adopt a system of monitoring the record or performance of each beneficiary. and ability to cultivate and make the land as productive as possible. In determining the retention limits.

actual use of income. The Comprehensive Agrarian Reform Law provides that in determining just compensation.some of them. among others. at the option of the beneficiaries. Also. the sworn valuation by the owner. it is provided that in the just distribution of all agricultural lands. the person who is deprived of his property should be given the fair and full equivalent value of the property that is taken from him. the same shall be subject. compensation could be in cash and in government financial instruments like Land Bank of the Philippines bonds. under the CARL. Distinguish just compensation under the Comprehensive Agrarian Reform Law of 1988 from just compensation under the Bill of Rights? How is it determined under the former? Answer: In the Bill of Rights. In the provisions of the 1987 Constitution on agrarian reform. Farmers already in place and those not accommodated in the distribution of privately-owned lands will be given preferential rights in the distribution of lands from the public domain. the current value of like properties. it is provided that private property shall not be taken for public use without just compensation. they may be granted ownership of other lands available for distribution under the CARL. it is the courts which may determine ultimately just compensation. ultimately. In both situations. the compensation may be in shares of stock in government owned and controlled corporations. The concepts of just compensation in the Bill of Rights and in agrarian reform are similar in the sense that in both situations. the tax declarations. and the assessment made by government assessors shall be considered. . The social and economic benefits contributed by the farmers and the farmworkers and by the Government to the property as well as the non-payment of taxes or loans secured from any government financing institution on the said land shall be considered as additional factors to determine its valuation. 2. to the payment of just compensation. its nature. the cost of acquisition of the land. or in tax credits. At the option of the landowner.