Social Security Act of 1997

Roman Catholic Archbishop of Manila v. Social Security Commission (1 SCRA 10)

Facts: Roman Catholic Archbishop of Manila, thru counsel, filed a request with the respondent Social
Security Commission a request that they be exempted from coverage of RA No. 1161, otherwise known
as the Social Security Law of 1954 because said act is a labor law and does not cover religious and
charitable institutions

ISSUE: a religious institution invoking ejusdem generis whether ‘employer” be limited to

undertaking an activity which has an element of profit or gain

STATUTE: “any person, natural or juridical, domestic or foreign, who carried in the Philippines
any trade, business, industry…. and uses the services of another person, who under his orders as
regard the employment, except the Government, and any of its political subdivisions branches or
instrumentalities and GOCCs”.

HELD: No. the rule of ejusdem generis  applies only when there is uncertainty. The definition is
sufficiently comprehensive to include charitable institutions and charities not for profit

The law explicitly states those which are not covered by the contribution and the petitioner is not
amongthose cited

Contributions are intended for the protection of said employees against the hazards of
disability,sickness, old age and death in line with the constitutional mandate to promote social justice to
insurethe well-being and economic security of all the people

Luzon Stevedoring Corporation vs Social Security System (16 SCRA 6)

ISSUE: Whether or not the temporary employees are exempt from the compulsory coverage.

HELD: No. The Social Security Act was amended by Republic Act No. 2658 on June 18, 1960.
The amendment broadened the coverage of the Social Security System, increased its benefits and
liberalized the terms and conditions for their enjoyment.  Sections 9 and 10 were made to read as
follows:

“SEC. 9. Compulsory Coverage. — Coverage in the System shall be compulsory upon all
employees between the ages of sixteen and sixty, inclusive, and their employers: . . .”

“SEC. 10. Effective date of coverage. — Compulsory coverage of the employer shall take
effect on the first day of his operation, and that of the employee on the date of his employment.”
Eliminated was the six months’ service requirement. Without such requirement, all employees
regardless of tenure, such as the employees in question, would qualify for compulsory
membership in the SSS; except of course those classes of employees contemplated in Section
8(j) of the Social Security Act. With such removal, it is the intent of Congress to broaden and
include temporary workers to the compulsory coverage. On the other hand, in regards section 8,
paragraph 10 being invoked by LSC, no such regulation has been cited to buttress the claim for
exemption. Perforce, no exemption could be granted as there is no way of telling whether or not
the employees in question belong to a group or class designated by regulation of the Social
Security Commission as exempt.

SSS vs. CA (120 SCRA 707)

ISSUE: Whether or not SSS is immune from suit or be liable for damages
HELD: Negative.. The SSS has a distinct legal personality and it can be sued for damages. The
SSS doesn’t enjoy immunity from suit by express statutory consent. It has corporate power
separate and distinct from the government. SSS own organic act specifically provides that it can
sue and be sued in court. These words “sue and be sued” embrace all civil process incident to a
legal action. So that even assuming that the SSS, as it claims, enjoys immunity from suit as an
entity performing governmental function, by virtue of the explicit provision of theaforecited
enabling law, the government must be deemed to have waived immunity in respect of theSSS,
although it does not thereby concede its liability that statutory law has given to the private citizen
are medy for the enforcement and protection of his rights. The SSS thereby has been required to
submit to the jurisdiction of the court; subject to its right to interpose any lawful defense

There should be no question on this score considering that the SSS is a juridical entity with a
personality of its own. It has corporate powers separate and distinct from the Government. SSS’
own organic act specifically provides that it can sue and be sued in Court. These words “sue and
be sued” embrace all civil process incident to a legal action. So that, even assuming that the
SSS, as it claims, enjoys immunity from suit as an entity performing governmental functions, by
virtue of the explicit provision of the aforecited enabling law, the Government must be deemed
to have waived immunity in respect of the SSS, although it does not thereby concede its
liability. That statutory law has given to the private-citizen a remedy for the enforcement and
protection of his rights. The SSS thereby has been required to submit to the jurisdiction of the
Courts, subject to its right to interpose any lawful defense. Whether the SSS performs
governmental or proprietary functions thus becomes unnecessary to belabor. For by that
waiver, a private citizen may bring a suit against it for varied objectives, such as, in this case, to
obtain compensation in damages arising from contract and even for tort.
Nathan010993@gmail.com

The new Social Security Commission

By
Susie Bugante -
February 1, 2017

column-susie bugantePart One

BEFORE the end of 2016, the new Social Security Commission (SSC), the policy-making body
of the Social Security System (SSS), had been appointed by the Duterte administration.

Under Republic Act (RA) 8282, also known as the social-security law, the SSC shall be
“composed of the secretary of labor and employment or his duly designated undersecretary, the
SSS president and seven appointive members, three of whom shall represent the workers’ group,
at least one of whom shall be a woman; three from the employers’ group, at least one of whom
shall be a woman; and one from the general public, whose representative shall have adequate
knowledge and experience regarding social security, to be appointed by the President of the
Philippines”.

Under the present administration, appointed as chairman of the SSC is the former dean of the
University of the East College of Law and employer representative Amado D. Valdez; SSS
president and CEO is former Insurance Commissioner Emmanuel F. Dooc. Also sitting in the
SSC are Labor Secretary Silvestre H. Bello III as ex officio member; three labor representatives:
Arthur L. Amansec, Gonzalo T. Duque and Anita B. Quitain; two other employer
representatives: Diana Pardo-Aguilar and Jose Gabriel M. La Viña; and representing the public
Michael G. Regino.

Dean Valdez heads the governing board that is responsible in the governance of the SSS in terms
of providing policy directions, monitoring and overseeing management actions, and with powers
and duties specified by Section 4 of the SS law. The chairman also performs quasijudicial
functions through the decisions rendered in cases involving disputes on SS coverage, benefits,
contributions and penalties, which fall under the exclusive jurisdiction of the SSC. He also chairs
the SSC Risk Management Committee, and is a member of the Investment Oversight and Audit
Committees.

A legal luminary, an educator and a constitutionalist, Valdez served as the dean of the UE
College of Law in 2000 and from 2005 to 2014. He was a director of the Bureau of Agrarian
Legal Assistance and member of the Cabinet Assistance System during the term of President
Corazon Aquino. In 2001 he served as government corporate counsel with the rank of presiding
justice of the Court of Appeals. He was also a senior undersecretary at the Office of the President
and concurrent executive director of the Presidential Commission on the Visiting Forces
Agreement.

Prior to this, Valdez was a general attorney at the Law Center of the US Naval Base in Subic Bay
and was an associate of Martin, Davis & Lewis law firm in Los Angeles, California. Valdez’s
professional and civic involvement includes holding top positions, such as president and
chairman emeritus of the Pamantasan ng Lungsod ng Maynila and Ospital ng Maynila; president
of the International Association of Constitutional Law-Philippine Branch and the Philippine
Association of Law Schools; member of the Board of Trustees of the Philippine Judicial
Academy and Universidad de Manila or City of College of Manila; director of the Rotary Club
of Manila, Philex Mining Corp. and John Hay Management Corp., and board member of the
Metropolitan Waterworks and Sewerage System, among others.

As president and CEO of the SSS, Emmanuel F. Dooc, who is a lawyer, is responsible for the
overall planning, organizing, directing, controlling, monitoring and coordinating the activities of
the SSS to achieve its overall objectives and targets. He is also responsible for defining the
corporate vision, setting the tone and cultivating values appropriate to the SSS as a civil service
and a government financial institution. He sits as the vice chairman of the SSC and is also a
member of the Risk Management and Investment Oversight committees; and a resource person
for Audit, Governance, Organization and Appointments, Information Technology and Coverage
and Collection committees.

A Baldomero B. Aguinaldo awardee for 2016, Dooc was recognized for his pioneering
leadership in the field of insurance, such as ensuring that millions of Filipinos are secured by
inclusive and quality coverage, and helping raise the life-insurance coverage rate to 37.35
percent of the population through microinsurance, among many other achievements. The
Baldomero B. Aguinaldo award is given by the Department of Finance (DOF) to outstanding
officials of the DOF and its attached agencies.
Dooc holds a Bachelor of Science degree in Elementary Education from Mabini Colleges. He
topped the teachers’ competitive examination in the school division of Camarines Norte, and
even earned a Certificate on Teaching the Visually Impaired (graduate degree) from the
Philippine Normal University—degrees that helped him as a public-school teacher for various
special groups. He later earned his Bachelor of Laws degree from San Beda College.

He started his corporate career as a lawyer at the Tax Division of SGV and Co. He later moved
to Hong Kong in 1988 to work as vice president for operations at the head office of American
International Assurance Ltd. In 1997 he moved back to Manila to serve as first vice president
and general counsel of Philam Life and General Insurance Co. Later on, he was appointed as
chief compliance and governance officer for all member-companies of the Philam Group, before
being promoted to senior vice president and chief compliance and governance officer of Philam
Life and General Insurance Co.

He was appointed by then-President Benigno S. Aquino III as acting insurance commissioner on

January 5, 2011, a post he held until the passage of RA 10607, otherwise known as the Revised
Insurance Code of 2012. He was reappointed to a fresh six-year term under the new Code on
December 4, 2013. However, President Duterte later chose him to head the SSS, instead.

Dooc’s professional accomplishments and vast experience in the insurance industry are expected
to bring increased positive developments to the SSS’s efforts in continually improving its
operations, services and finances.

Circular No. 4-A - Increase in funeral benefit of all SSS members.   [It states:  "Pursuant to Social Security
Commission Resolution No. 582 dated 19 August 1998, the funeral benefit has been
increased from P12,000.00 to P15,000.00.  Effectivity:  01 September 1998"].

Circular No. 36-V - Implementing guidelines on the processing of sickness/maternity benefits pursuant to R. A. No.
8282,