SOCIAL LEGISLATION Transcript from the lectures of Fr.

Augustine Nazareno

2011

Prepared by: Rizada, Resci angelli/Tumanda, Raia/ Villamil, Guillermo/ Uy, Dexter/ Orallo, Kenneth II-Manresa 2011-2012
November 11, 2011 Social Legislation Work related injury or death. The steam engine was created in which it consumed a lot of coal. Coal was mined and a lot of employees were contracted to do such task (some of which were minors). Sometimes the mine yields this very deadly chemical, Carbon monoxide, which is tasteless, colorless and you cannot detect it. Why were children employed in the mines, because ultimately down below, when you passed through timbered carrels, only children can pass. Now if there is a release of carbon monoxide, the smaller your stature, the more vulnerable you are. When the minors die, the only law is the law on damages, it can be mitigated. That the cause of the death is the negligence of the employer. Now, If it a single action, it can be prolonged by series of appeals, which the employee cannot sustain. So the first legislation that they have was employees compensation. They put up a law in which all employers now are mandated to procure insurance against deaths and injuries that occur in the work place. So that the employee that meets with death or injuries does not have to litigate, why, because the employers need not to pay, because the insurance will. Now, that worked for awhile, but when the insurance company would somehow raise the premium once there is a death that occurs in the work place, because actuarially that is mandated. If a death has occurred in your work place that is an indication that statically your place is more prone to absorb accidents that cause injury or death, so it raises the premiums. The only way to eliminate that is by spending more safety measures in your work place to eliminate or minimize the possibility of injury or death. So the employer was left to the choice of either paying a higher premium or spending more to make the work place much safer. So the employers met and they finally convinced the government to absorb the obligation. Now its the government that collects contributions from the employers and the government becomes the insurer of all the work places. And because the pool is so large, it does not matter anymore, whether you have a safe working place or non-safe work place, your risk is statically better absorbed because actuarially the pool is so large that the diminution statically becomes insignificant. So what do we have now, the system has eliminated litigation. It is a no fault system. The employer, whether or not he is at fault or not, that is no longer the issue. The only issue is whether or not it is a work related injury, sickness or death. That is the issue. If you can prove that it is work related, then the state insurance fund which is pulled together through all sectors, including the government, which is the employees compensation fund, it is the fund that pays for your expenses or in case of death, to your survivors. Under employees compensation, they are called survivors and under the civil law, they are called heirs. Now, what are the three things under employees compensation: 1. Work related death the worst 2. Work related injury 3. Work related sickness Now, on Article 166, you are introduce on one of the important features of the fund, namely thatn it is tax excempt. In which the state promotes and develops a tax-exempt employees compensation program whereby employees and their dependents, in the event of work-connected disability or death, may promptly secure adequate income benefit and medical related benefits. Under the SSS Law there is also sickness benefit, it is tax free. It means the fund/investment is governed by law, it earns income. The income is tax free. When you also give it out or pay it out to the employees, the employees will not pay income tax, it is alsotax free. That is an important feature of employees compensation. Now, you take a look at the definitions called commission, SSS, & GSIS (because this covers private and public sector). For the private sector, the SSS governs. For the public sector, the trustee is the GSIS. Now if you are denied by the GSIS/SSS, you may go to the Employees Compensation Commission (ECC). System means SSS or GSIS. Employers mean any person, natural or juridical, employing services of the employee. Employee means any person compulsorily covered by the GSIS under commonwealth act 186 and including members of the Armed Forces of the Philippines and any person employed as casual, emergency, temporary, substitute or contractual, or any person compulsorily covered by the SSS under republic act 1161. So Article 167 (g) which defines an employee tells us, that member of the armed

The first part will be Employees Compensation which is part of the Labor Code, covering articles 166 up to 210. The second law that we will take is Social Security Law and third is the GSIS Law. Now, it is used to be that covering social legislation is the Agrarian Reform Law. But since it has been eliminated in the coverage of the Bar Examination, because most of the Bar Examiners is in manila and there is no agrarian reform there. However, we will still tackle this. I am asking you to read this 38 page paper on the propose corrections of the social security law in the Philippines. This was written for the United Nations and this is dated 2003, 9 years ago. This is already outdated, in the sense that the problem has worsen. Now, although I say this because you should have a background on the political philosophy behind Social Legislation and part of it is the Social Security Law. It is only now that we are beginning to admit and experience is beginning to show that social security as it is cannot belong in due time and you will find out by reading this why it cannot. In fact social security, as sometime we call it, in the economist, it is the greatest ponzi scheme that was ever been deviced in our time. In ordinary language, it is sometimes termed as Pyramiding. Pyramiding is just a copy of what Mr Ponzi did, an Italian, who in the early 20 th century, convinced everybody to invest their money with him in return of a very fabulous return. That is the same thing with social security. Like what the logic, can a system guarantee to you monthly retirement benefits, of close to of your salary just because you have contributed the equivalent of 8% of your salary. That is the pay as go system. When social security began, it had no fund yet and yet to were beginning to pay retirement benefits. So just like a ponzi scheme which promises fabulous returns, a pyramiding scheme can go on for as long as they are new entrants who continue to put their money because they will pay the interest to the members from the new comers, and the new comers must be more than the old members. This is the whole idea of the pyramiding scheme, to support the structure of payment. If there will be no new people coming in to give their money, new ones, thats when the pyramid collapses. That is what is being experience now in Europe; the governments have been borrowing money to support their social security, precisely because most of the countries in Europe the population have gone to the level of zero. Even if they are continuing to receive and allowed this workers, so there are less and less people contributors to the social security and they are borrowing. Now, there is no hope for a defined benefits retirement fund, a retirement fund that defines the actual benefits that you will get, there is no hope for that, because we will be short. The only surviving retirement fund, will be a retirement fund that is define contributions, where the contribution is fixed but the benefits that would be given will be computed later on at the time that you will want to get your benefits. But if you guarantee everything, defined benefits, you will not be able to grant those benefits because of inflation. Now obviously a fund, if it wants to run after the benefits that it will grant, which is chased by inflation, will have to go to investment undertakings that promise higher returns. Once you do that, you put the whole fund at risk because the rule in investment is High return, high risk. So, as much as possible, a retirement fund should rely on the miracle of compounded interest which is very small. So learn about defined benefits, defined contribution, pay as you go basis, and accrued liabilities of a retirement fund. Now, we begin with employees compensation, Article 166 of the Labor Code. ARTICLE 166. Policy. The State shall promote and develop a taxexempt employees compensation program whereby employees and their dependents, in the event of work-connected disability or death, may promptly secure adequate income benefit and medical related benefits. Employees Compensation came out of the industrial revolution. In fact it was the first labor legislation that came out from the industrial revolution. Since, employee employer relationship only began in the industrial revolution. There was no law prohibiting the employment of children and the working hours is 12 hours.

SOCIAL LEGISLATION Transcript from the lectures of Fr. Augustine Nazareno

2011

Prepared by: Rizada, Resci angelli/Tumanda, Raia/ Villamil, Guillermo/ Uy, Dexter/ Orallo, Kenneth II-Manresa 2011-2012
forces have their own retirement fund. They are not covered by the GSIS, but for purposes of insurance against work related sickness, injury or death, they are covered. The justices of the Supreme Court and judges, they have their own retirement fund, they are not covered by the GSIS. But for purposes of work related sickness, injury or death, they are covered under the Employees Compensation Fund. Now, I will leave you to go through the meaning of dependence & beneficiaries. Lets skip to Article 167 (k) Injuries. Injury means, any harmful change in the human organism from any accidents arising out of or in the course of employment, the important thing is out of and in the course of employment. This have been interpreted by the SC as injury that occurs while at the work place, during working hours, that is the meaning of arising out of and in the course of employment. In the next paragraph is Sickness, which means any illness, definitely accepted as an occupational disease (defined and listed by the ECC). That is one kind of sickness that is compensable under ECC. The second kind is any illness caused by the employment subject to proof that the risk of contracting the same is increase by the working conditions. For this purpose the commission is empowered to determine and approve the occupational diseases and work related illnesses that may be considered compensable base on the peculiar hazards of the employment. You do not have to prove anymore, you just have to prove that this is your work and your sickness is this. If that is on the list, its accepted right away by the SSS and ECC that it is work related. Example, Ice cream taster, if you are found to have cancer, you just have to prove that you are hired by Selecta and you have cancer and that will be acceptable already by the SSS and ECC. Another example, Black Lung Disease of underground coal mining, which is listed as occupational disease. You need only to prove that your employer is a coal mine and their process is underground mining and you have been designated or employed as an underground miner and that subsequently from your x-ray, they have found these black stains in your lungs. Then you are eligible for grants under the employees compensation fund. Now, what is the distinction between sickness and injury, When is t injury and when is it sickness. The SC held that it is injury if the change is sudden and it is sickness if the change is slow and accumulative. This is important because the benefits between injury and sickness are not the same. If it is injury, you can claim not any hospitalization; you can also claim rehabilitation (prosthetics and therapy). We will continue next time. Art. 167. Definition of terms. As used in this Title, unless the context indicates otherwise: g. "Employee" means any person compulsorily covered by the GSIS under Commonwealth Act Numbered One hundred eighty-six, as amended, including the members of the Armed Forces of the Philippines, and any person employed as casual, emergency, temporary, substitute or contractual, or any person compulsorily covered by the SSS under Republic Act Numbered Eleven hundred sixty-one, as amended. k. "Injury" means any harmful change in the human organism from any accident arising out of and in the course of the employment COMMONWEALTH ACT NO. 186 AN ACT TO CREATE AND ESTABLISH A GOVERNMENT SERVICE INSURANCE SYSTEM, TO PROVIDE FOR ITS ADMINISTRATION, AND TO APPROPRIATE THE NECESSARY FUNDS THEREFOR REPUBLIC ACT NO. 1161 AN ACT TO CREATE A SOCIAL SECURITY SYSTEM PROVIDING SICKNESS, UNEMPLOYMENT, RETIREMENT, DISABILITY AND DEATH BENEFITS FOR EMPLOYEES PRESIDENTIAL DECREE NO. 1909

FURTHER AMENDING PRESIDENTIAL DECREE NO. 361 ESTABLISHING THE RETIREMENT AND SEPARATION BENEFITS SYSTEM REPUBLIC ACT NO. 9227 - October 23, 2003 AN ACT GRANTING ADDITIONAL COMPENSATION IN THE FORM OF SPECIAL ALLOWANCES FOR JUSTICES, JUDGES AND ALL OTHER POSITIONS IN THE JUDICIARY WITH THE EQUIVALENT RANK OF JUSTICES OF THE COURT OF APPEALS AND JUDGES OF THE REGIONAL TRIAL COURT, AND FOR OTHER PURPOSE November 18, 2011 Soc Leg ON SOCIAL SECURITY REFORM: The terminologies here are hardly legal but largely economics. In Cornell, Social Legislation/Social Security is a 4-year course and it is mathematical because it is qualified as a form of insurance. Although now by admission, it is considered an actuarial anomaly. When you say pay as you go system, what does that mean? What does paying as you go mean? Those who retire now are paid by the contributors now. Those who will retire later will be paid by the contributors later. But the fund the social security fund has a permanent debt. What is that permanent debt? The permanent debt are those who retired first. Pagabrisa system, sugodnapangretire, gibayranna to sanagcontribute. Kato untangiretiresanagcontribute, gibayadsanagcontributekaron. So they are saying now that the retirement benefit under social security is one of the biggest, if not the biggest, Ponzi scheme that has ever been devised. Ponzi scheme, u know Mr Ponzi, he was the 19th century Italian who began the first pyramiding scheme. Pyramiding: nay taomusaadsaimo, bayrantika 3% a month for your deposit with me. Can you imagine that? 3% a month?Unsanangnegosyoha?Must be shabu. That kind of return of a business must be of such a fantastic nature. Now, if somebody will offer you that and he has no visible means of business? That means that he can only pay you that 3% a month for as long as he can convince others to put in their money. So he starts with one. Katong ibayad sa isa katong makuha niya sa marecruit niya na duha. Unsa may ibayad nimo sa duha? Katong makuha nimo sa upat. Sa upat, gikan sa walo. So it becomes a pyramid. Until finally, you run out of people to dupe to put their money there. And that is when as they say in the west, the shit hits the fan. Thats the end. Why? Because the pyramiding stops. Now, lets switch and we go over to the SSS. Pagsugod sa SSS naa man dayon magretire. After magbayad ug usa duh aka contribution retire na.asa man to kuhaon ang ibayad ato, utang na to sa system. So the system depends on a continuous stream of contributors which must be greater in number than those who retire. Thats the logic of the system. Why does it have to be greater? Because, just imagine, you only contribute how much of your salary, just over 8% of your salary, actually 5%, your employer contributes the other part. Now, by what logic can you demand that youll be receiving monthly almost 2/3 or of your salary as your retirement benefit when you only contributed 8%? Why can you assume that it can earn fantastically high in returns just because its SSS? The basic rule on investment is: HIGH RETURN, HIGH RISK. If you wish that to really earn high, you will put that in high earning ventures which are normally speculative. So it has an equal chance of earning high and losing high. So the law prohibits the investment of the sss fund in other than what it considers as safe investments, fixed instruments that are either government or government-guaranteed or they are allowed to invest in shares of stock that are traded in the local market. These are all relatively safe ventures. Ug nay mutintalsa SSS administrator naibutangimongkwartadinhikaytagaaan taka 3% per month. They say in investment if it sounds too good to be true, it is so because it is really too good to be true. Ug nay mangulitaonimo, maminawka.Syempre what you will hear is that which you like to hear. You will not spend time in listening to how ugly and how unattractive you are. No. so what he will say is that which is pleasant to the ear

SOCIAL LEGISLATION Transcript from the lectures of Fr. Augustine Nazareno

2011

Prepared by: Rizada, Resci angelli/Tumanda, Raia/ Villamil, Guillermo/ Uy, Dexter/ Orallo, Kenneth II-Manresa 2011-2012
and doubly appealing to the heart. That is the same thing in investment. Just this afternoon, the markets again went down. When I say markets, I mean the North American marketsNew York, Toronto, South Americathe European market, London etc, Asian markets Japan, HK, Singapore. They are connected. They are down now, red. It was slightly on the rise because the Greeks finally elected a banker as their PM, one who finally understands the credit crisis of that country. But then it soured again because Spain found it difficult to sell its bonds, its sovereign bonds, and it badly needs it to pay for their maturing obligations this December. They say the danger level is 7%. If you begin selling your bonds at 7%, that is already the danger sign. Technically a country is not an ordinary person. When it borrows money, it is presumed to be perpetual. It does not die. Its not like you and me. Muabotkasaakongedad 65, muduolkasabangko, bisannaa pa kaydala collateral, hanapankag mu-co-sign. Mangitasilag co-maker namedyobata-bata pa. kaynanimahonakagyuta. Because once you die, then settlement of the estate comes in. it complicates matters. But if there is a comaker who is joint and solidary, then it continues. But a sovereign, it does not die. It just goes on. So there should be no fear in lending to a sovereign. When does the fear come in? the fear comes in when the amount of debt of a sovereign is increasing at a faster rate than its GDP or gross domestic product is increasing because a time will come when it can no longer pay. That is what is difficult. Its not the size of the debt that is the problem, its the ability to pay. What is this Coalition Against Foreign Debt in the Philippines. They dont understand. Kuhaonnimongkinadak-ansa debt, divide it by the number of population and say this is what an individual Filipino owes. Pagkamunggos. I consider it a myth that experience is the best teacher. Experience is not the best teacher. If it were, you need ten times the length of your lifetime to learn. You will need to experience everything. That is why you need to read and sit down and learn from others experience, that, in the end, is the most fruitful learning. Because there is just not enough time for you to experience. Mao nangmalini Mao Tsetung. He sent the people out. *story about Mao*Mao was an ignorant man, he was uneducated. The deaths he caused, millions. Acupuncture and herbal medicine were popular but he never used them. He had his staff buy him modern medicine. Blah.. He never took a shower again from the time he ascended. Can you learn this story from experience? Some people are prone to the conspiracy theory. Everything they see is a conspiracy. Just because I am paranoid doesnt mean that nobody is really following me. Our SSS is still good, why? Because there are more contributing in the fund than those who are retiring. Its still a pyramiding scheme. To me that is the best argument against the RH Bill. The moment that goes down, thats the end of your retirement. LECTURE PROPER: GSIS and SSS are the administrators of the Employees Compensation Fund. The Employees Compensation Fund is still a form of insurance. It has not increased the employees compensation contribution since its conception. Pila man? There is no counterpart on the part of the employee. Only the employer pays the ECC, P20 only. And because all employers pay it, whether it is private or public, the public is also paid because they are covered by the workmens insurance at the workplace. It has an excess fund. This fund is so much in excess that they are moving in the Congress now for a separate body to govern the employees compensation fund. Can you imagine? Why? Because it would seem that actually there should be more cases that should be approved by the sss and GSIS that should be covered by the employees compensation, but they are denying. So there is a buildup of excess of the fund. Remember, ang uban naa sa public sector-GSIS the other is SSS. Now, we were talking about sickness. What kind of sickness? There are two ways by which sickness becomes compensable under employees compensation. Look at this Art. 167 (L), Definition of Terms. Sickness means any illness definitely accepted as an occupational disease listed by the commission. So that is one kind of sickness that is compensable under employees compensation. They are already from experience listed down as occupational disease. You have this profession, most likely you will have this disease. Another way by which sickness becomes compensable under the employees compensation is any illness caused by employment subject to proof that the risk of contracting the same is increased by working conditions. That is called the increased risk doctrine. Do you have to prove a causal connection between the working conditions and the disease? No, you dont have to. Why? Because there are certain diseases the causes of which are yet unknown. So what do you have to prove? You just have to prove that the risk of contracting the same has been increased by the working conditions. Example: Here is a superintendent of public schools, when she retired she underwent a physical examination and found out that she had cancer of the rectum. What is her work? supervising various schools and this involves going to the hinterlands of Bohol and rode what is called habal-habal 3x a week shed take those trips. Can she prove that riding habal2x 3x a week could cause you to grow a tumor in the anus? No, she cannot. But between somebody who is in an airconditioned room sitting on a soft chair doing her work and somebody who is out there in the heat of the sun riding a motorcycle, the medical practitioners will tell you that the one out there has more chances of growing a tumor in her anus that the one who is sitting pretty in an airconditioned room. The SC overturned the denial of GSIS and awarded her (patay man siya), awarded the beneficiaries from the employees compensation. That is different from: Example 2: Black Lung Disease, that is already listed in the list of the Secretary of Labor and it is now with the ACC. Black Lung Disease is an occupational disease of underground coal miners. So to qualify for that award, all you have to do is to prove that your employer is engaged in mining coal, that you work as an underground miner, you have worked there 5 years, and you submit the findings of the medical experts that you have now black lung disease. You will be awarded because it is already known that the cause of black lung disease is the working conditions of an underground miner. So, in some of the commentators on Labor Code, you will find a list of the occupational diseases. INJURY. When do you get compensation for injury? Art. 167 (K) what is injury? Injury means the harmful change in the human organism from any accident arising from of and in the course of employment. This phrase: arising from of and in the course of employment. Is translated to mean: The injury must occur at the workplace and during working hours. That is the rule. All you have to prove is: you were there, the accident occurred during the working hours and within the employers premises. Now, is that a hard and fast rule? That is the issue here. Because the SC has laid down the rule following US jurisprudence: Going and Coming Rule. Going to the workplace and coming from the workplace is NOT COVERED. Paingonka, not covered. Pauli kana, not covered. AS A GENERAL RULE. But the SC MAKES AN EXCEPTION. There are certain decided cases. There is a road 50 meters from the factory. If you take the side road, the only purpose is to get to the road. Because the road leads to nowhere else. There is a case of a worker going out of the factory to the waiting shed (blue). While he was in the middle of the side road

SOCIAL LEGISLATION Transcript from the lectures of Fr. Augustine Nazareno

2011

Prepared by: Rizada, Resci angelli/Tumanda, Raia/ Villamil, Guillermo/ Uy, Dexter/ Orallo, Kenneth II-Manresa 2011-2012
(star) all of a sudden, there is a shot that rings and it hits him in the over and above this, you have 2 weeks, you charge it against teh 2 weeks sick leave. now, there is a 2011 decision where SC said, 2 weeks sick leave is NOT convertible to cash unless employer says so. coz the whole purpose of SL is to provide for sickness. if you convet it, in a sense, you give incentive to a worker even if ge is not sick. for VL, it is convertible. if the employer agrees, it is. but for SL, even the employer cannot make this sick leave convertible to cash. the reason is practical. first of all, the work will not be done well. if the sickness is communicable, they could pass on teh sicknes to workmmates. so SL is not convertible to cash. what if you've used up already all these? nahurot na nimu?? the next level is the SSS sick leave. SSS sick leave credits, before you can avail of the the sickness benefits under SSS, you must prove that you have exhausted all your sick leave credits granted by the employer. EXHAUSTED. how do you prove that? get a certification from your employer. you will get therefore the equivalent of an average daily credit w/ cis actually lower than your salary. the benefits in SSs is never your full salary in a day. y? the difference between the full salary and benefits in SS is a disincentive for you. for if they are entirely the same, you will abuse it. that is a DISINCENTIVE to insurance in your part. that is hte same thing with respect to car insurance. remember in car insurance, you will always count a minimum insured's counterpart. the higher the insured's benefits are, the higher his counterpart is. e.g. comprehensive coverage. they will put a proviso in the insurance that before you collect all damage, the 1st 1K is yours. let us say, there is a collision. the adjuster comes and reports to the insurer. once the latter accepts the amount, you have to pay the counterpart, 1K, then they fix it. say 80K, the insurance will just have to pay 79K. the 1K is the disincentive for you to abuse your insurance. how do you aubse it? if walay counterpart, tuyuon n man nimu gubaon imung car. then you go to the insurance company then you will make a report. then the insurance pays coz there is no counterpart. but since there is a counterpart, you will not do that. coz the damage is not enough for the insura first we talk here about an ordinary sickness. what happens if we go to EXTRAORDINARY SICKNESS. as defined in teh labor code. see 284. EXTRAORINARY SICKNESS--not curable by 6months rest and medication. normally, you are just healthy and below 60y/o. from the old studies, TB is curable w/i 6mos rest and medication. if you are diagnosed as such, you are entitled to a sick leave without pay. Problem is if you have multiple resistant TB. resistant to medication. that is when you need public health officer certification. what is this? that the sickness cannot be cured even with 6mos rest and medication. once there is taht certificaiton, you are now entitled to ____ . He is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year...discharged kana. terminated ka. this is for EXTRAORDINARY SICKNESS. (Art. 284. Disease as ground for

factory
head and he falls dead. Way swerte. Now, the SSS denied his claim because hes no longer at the workplace, and therefore covered by the going and coming rule. But the SC says that the side road, since it has no other purpose than to lead to the factory, it is an extension of the factory itself. It is still within the premises. As to the time that it was after working hours, it was held that it was so close to the time of work as to be legally included as time worked, therefore, it is still compensable death. That goes with the liberal interpretation of social legislation. Injury, let us say for public employees, principally soldiers. What is the workplace of these soldiers? If you are a member of the armed forces, youre covered by employees compensation for cases of work-related injury or death. Where is the workplace? Very wide workplace for a man in military uniform. The SC overturned here the denial of the GSIS. These two soldiers were given permission by their commanding officer in Cotabato to take a leave and go home to their residence which is Lanao, which is also classified as not exactly a safe area because skirmishes are known to occur there. So they were allowed to carry their firearms with them as protection and they were allowed to go. So they took the bus from Cotabato City, arrived in Marawi, they rode a tricycle going to their barrio. Now, riding in the tricycle, the two of them with their firearms, naglisod man silakayguot man angtricyle. What happened? Nakalabitang firearm, namataytungisa, naigo. Muingonkagaksidente. Is that work-related injury or accident? That is the issue. work-relatedba or due to negligence? The GSIS ruled that it was negligence. They were nowhere in danger, according to the GSiS board which denied the claim. The firearm went off because of the lack of care of those who were holding it. The fund was not to answer for the negligence. The SC said this court takes judicial notice that a combatant is in danger of 2 kinds of firefight: friendly fire or enemys fire. Theirs is such a thing in battle as death from friendly fire. According to the Court, that is a given. It does not need proof. Danger from friendly fire and enemy fire is a statistical reality in the life of a member of the armed forces. What occurred was an accident as a result of friendly fire. Therefore, it is work-related death and compensable under the ECF. What is the difference between sickness and injury? Sickness to occur requires the passage of considerable amount of time. Injury is instantaneous. Heart attack? Pataydayon. But the condition that comprised the heart attack is over a long period of time. SOC LEG NOVEMBER 25, 2011 we have seen sickness, injury. this is how you deal wit sickness in the employment (refer to drawing on board). sickness is normall covered by sick leave. the minimum benefit of sick leave, there is none in the ___. what is the minimum? 5 days service incentive leave. that is in labor standards. if you are sick in the very least, you charge it against your 5 days service incentive leave. if you have sick leave, let's say,

termination. An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.)
The 4th kind of sickness is WORK-RELATED SICKNESS. 1. Occupational disease-- tha tis already listed. for certain occupations, that is hte certain kind of disease. all you have to do that you are part of this particular occupation, and you have this disease, then you are entitled to the benefits under teh ECC, state insurance fund compensation.

SOCIAL LEGISLATION Transcript from the lectures of Fr. Augustine Nazareno

2011

Prepared by: Rizada, Resci angelli/Tumanda, Raia/ Villamil, Guillermo/ Uy, Dexter/ Orallo, Kenneth II-Manresa 2011-2012
the other one is it is not listed as an occupational disease but covered under the so-called, "INCREASED RISK DOCTRINE". means that the disease, the risk of contracting the disease increased or you had the tendency or susceptibility to incur disease but the risk was increase because you worked. it is this was that football player, so..disability! then you are elgibile for DISABILITY BENEFITS. its like a pension. if you ave dependent children,e ach dependenet child are entitled to a part of teh pension. that comes in under letter (i). 2. article 167 (i) "Dependent" means the legitimate, legitimated or legally adopted or acknowledged natural child who is unmarried, not gainfully employed, and not over twenty-one (21) years of age or over twenty-one (21) years of age provided he is incapacitated and incapable of self-support due to a physical or mental defect which is congenital or acquired during minority; the legitimate spouse living with the employee and the parents of said employee wholly dependent upon him for regular support. NOTE: please notice very well, coz when we go to SSS, there is another list of primary and secondary beneficiaries and dependents. thsi one recognizes the ilelgitaimate and legitamate, acknowledged natural child and legitimated. there is a difference under teh SSS and GSIS law. So, you know now the dependents and the beneficiaries. let us go to this MONTHLY SALARY CREDIT. 3. 167 (x) : "Monthly salary credit" means the wage or salary base for contributions as provided in Republic Act Numbered Eleven hundred sixty-one, as amended, or the wages or salary. - certificaiton of wages wh/c is the basis of your contribution 4. (y)- "Average monthly salary credit" in the case of the SSS means the result obtained by dividing the sum of the monthly salary credits in the sixty-month period immediately following the semester of death or permanent disability by sixty (60), except where the month of death or permanent disability falls within eighteen (18) calendar months from the month of coverage, in which case, it is the result obtained by dividing the sum of all monthly salary credits paid prior to the month of contingency by the total number of calendar months of coverage in the same period. these are all actuarial formulas. that is particular branch, "actuarial science". marriage between statistics and probability. mathematics and probability. a speicific recognized branc of mathematics. :) 5. (z)--"Average daily salary credit" in the case of the SSS means the result obtained by dividing the sum of the six (6) highest monthly salary credits in the twelve-month period immediately preceding the semester of sickness or injury by one hundred eighty (180), except where the month of injury falls within twelve (12) calendar months from the first month of coverage, in which case it is the result obtained by dividing the sum of all monthly salary credits by thirty (30) times the number of calendar months of coverage in the period. (formula ncecssary because if there are increasese in your basic

what is to be proved when you allege this before hte State insurance fund claim that you make, you do not prove the causal relation between your work and workplace and the disease. no direct causal relation..all you have to prove was that the risk was increased. that is all that you have to prove. please bear in mind that pregnancy is not a disease. tha tis completely different, altough it has benefits. these are the 4 kidns of sickness. if yo uknow this, you will konw the whole story of sickness. analyze teh sickness under the 4 categories. (FR: you know this multiple resistant TB. this is due to the overuse or underuse or underuitilization of antibiotics. mentions history of antibiotics..:) the raising of poultry-- the sickness of 1 is the sickness of all. duol mankaayo. what will you do? they already placed antibiotics in teh feeds to prevent the birds. another-- naa kay samad, sa kadako, hilantan ka na. resitahan ka sa doctor. 12 capsules, 250mg amoxillin. twice a day. inum ka, pag-abot sa kalima, okay na man. dili na diay kinahanglan. hutda to tanan para mklara tanan nimung infection. so improper use of antibiotics. imung immune system, natandog na, dili na mu-work sa imu ang amoxicillin. wala na, mangita naka ug mas kusgan pa ana.-->in short, you become resistant to first level antibiotics. that is the result of over use or under use.) let us take a look at the definitions: 1. beneficiaries-- Article 167 (j)-- "Beneficiaries" means the dependent spouse until he/she remarries and dependent children, who are the primary beneficiaries. In their absence, the dependent parents and subject to the restrictions imposed on dependent children, the illegitimate children and legitimate descendants, who are the secondary beneficiaries: Provided, That the dependent acknowledged natural child shall be considered as a primary beneficiary when there are no other dependent children who are qualified and eligible for monthly income benefit. primary: "spouse"--depenent spouse or suriving spouse until he/she remarries "dependent children" secondary: 1. dependent parents , subject 2. subject to dependent children, illegitimate children and legita if you have illegitimate decendants, wala na silay labot! Provided, That the dependent acknowledged natural child shall be considered as a primary beneficiary when there are no other dependent children who are qualified and eligible for monthly income benefit. example of dependent child tha tis not eligible: 30yr old son who is not otherwise incompetent physically and mentally who still continues to live wit his parents. he is not qualified as primary dependent becoz he should be outside on his own already! that goes also if tha tis a30yr old daughter. Beneficiaries come in when there is DISABILITY. yo uunder go an injury, such tha tyou are rendered no longer capable of caryring your duties. work-related injury. you are no longer, despite the sickness benefit of the System, the SIF, rehab benefits, because here, you can be eligible for rehabilitaiton benefits. naputlan ka ug tiil, part of the benefit for sickness work-related, coz your injury was work-related, you can get prosthetics. so naa naka. then you can avail of therapy to learn how to work with your prosthetics. that is part. now, because you can no longer work, even with that, y? coz you are a professional

wage, your monthly wage which is the basis of your montly contributaion, will also change. it is not the same amount as your montly credit. it will come out SMALLER.)

In the case of the GSIS, the average daily salary credit shall be the actual daily salary or wage, or the monthly salary or wage divided by the actual number of working days of the month of contingency. WHAT ARE THE DEFENSES THAT BAR RECOVERY IN EMPLOYEE'S COMPENSATION? whetehr you are injured at the place of work or you are sick becuase of work-related conditions or you mean death or disability? 1. the injury is not work-connected or the sickness is not occupational. if it is not that, then you cannot get it from teh ECC. get compensation from other sources of sickness benefits then. how do you prove that it is not work-connected with respect to sickness?

SOCIAL LEGISLATION Transcript from the lectures of Fr. Augustine Nazareno

2011

Prepared by: Rizada, Resci angelli/Tumanda, Raia/ Villamil, Guillermo/ Uy, Dexter/ Orallo, Kenneth II-Manresa 2011-2012
a. far-fetched-- many times SSs or gsis will say that sickness itself has an unknown cause. so, for all yo uknow, it is congenital. the cause is your own parents. that is usually the argument of state insurance fund when it comes to cancer. there are many cases now whose causes are known. i.e. macular degeneration. the punishment of reading a lot probably increased the risk of contracting the same. problem of father: he is not enrolled with the SSS :) another defense then--> if you are not enrolled with the sSS, then you are not entitled. :) NOTE: READ the cases assigned. 2. the disability or death was occasioned by the employee's intoxication, willful intention to injure or kill himself or another or his notorious negligence. now, i told you about this case: prolonged hours of work in the arastre, loading and unloading. the kapatas, was given something to drink. iyang gihurot--oil of wintergreen diay! it is unthinkable for somebody not to know na kato iyang giinum kay oil of wintergreen. it could be that he has already drank something else before that. when he took it, patay! poisoning! namatay. now, the Fund argued that he should now tht it was oil of wintergreen or if he did not know, coz he was intoxicated. therefore, the fund has no obligation ot extend benefits to him because he was intoxicated. correct? NO. SC says this court takes judicial notice that there are workplaces w/c require the workers to drink in order to work. its not that in all workplaces, mu-inom ka, reprehensible ka. no! thre are places you have to drink in order to work. example: suppose you are a new graduate of the embalming school. and for the first time, you have to a solo embalming. kanang nag-da nimu ana, they will just have to deliver teh goods and ikaw na bahala ana. muinom ka gamay ana oie aron makatrabaho ka. suppose you are the retriever of a funeral home. the latter has obtained contract from city that if there are dead where there are no claimants, ikaw magdala ana. i.e. kanang gilabay sa river, ikaw mukuha ana. muinom jud ka ana. so also in the arrastre. sakit imung neck, body. to continue working coz the ship has to be loaded, sC says they take judicial notice that you need to drink. so this is not te kind of intoxication that will work to negate the claim under the employees compensation. 3. there was no notice of sickness, injury or death that was given to the employer. --> you have to report immediately coz it has to occur, at or near the workplace. you must report coz that is recorded in the logbook. NOTE: that is also required in pregnancy. the moment you know you are positive, youhave to report to the employer coz it is essential financially. aron marecord daun. once recorded, then it is fixed. advantage: they cannot prove simulation of birth. the latter is one of teh crimes against civil status. Simulation can happen if it is not reported. 4. the claim was filed beyond 3 years form the time the cause of action accrues. because hte prescriptive period is 3 years under ART. 201 of the labor code. those are at least eh 4 defenses. actually there are 7: intoxication, notorious negligence, suicide. (the latter: in teh us, you can claim that: suicide. but under ECC, suicide is not yet accpeted as a valid defense. )