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The Social Security Law implements the general welfare mandate of the
Constitution and constitutes a legitimate exercise of the police power of the
State.
As held in the case of Philippine Blooming Mills Co., Inc., et al. vs. SSS:
Membership in the SSS is not a result of bilateral, consensual agreement
where the rights and obligations of the parties are defined by and subject to
their will, RA 1161 requires compulsory coverage of employees and
employers under the System. It is actually a legal imposition on said
employers and employees, designed to provide social security to the
workingmen. Membership in the SSS is therefore, in compliance with the
lawful exercise of the police power of the State, to which the principle of nonimpairment of the obligation of contract is not a proper defense.
Because of the broad social purpose of the Social Security Act, all doubts in
construing the Act should favor coverage rather than exemption.
In Re: Petition for Exemption from Coverage by the SSS
Roman Catholic Archbishop of Manila v. SSC
The request was based on the claim that the said Act is a labor law and does
not cover religious and charitable institutions but is limited to businesses and
activities organized for profit.
The definition of the term "employer" in the SS Law includes religious and
charitable institutions or entities not organized for profit.
This is made more evident by the fact that it contains an exception in which
said institutions or entities are not included. And, certainly, had the
Legislature really intended to limit the operation of the law to entities
organized for profit or gain, it would not have defined an "employer" in such a
way as to include the Government and yet make an express exception of it.
Definitions:
Employer:
o
Any person who carries on any trade, business, industry, or activity
and uses the services of another person who is under his orders
o
Except the Government
Employee:
o
Any person who performs services for an employer
o
Both mental and physical efforts are used
o
Receives compensation for such services
o
Employer-employee relationship
Dependents:
o
Legal spouse entitled by law to receive support from the member
o
Legitimate/legitimated/legally adopted/illegitimate, unmarried, not
gainfully employed, less than 21y/o (if over, permanently
incapacitated or incapable of self-support) child
o
Parent receiving regular support
Beneficiaries:
o
Primary: Dependent spouse until he or she remarries
o
Or: Dependent legitimate/illegitmate/legally adopted/illegitmate
children
(illegitimate:
50%
of
the
share
of
legitimate/legitimated/legally adopted)
o
Secondary: Dependent parents
o
If none: any other person designated by the member
Coverage (Universal Coverage)
Compulsory Coverage
o
All employees not over 60 years old and their employers
o
Any benefit earned by the employers under private benefit plans
existing shall not be discontinued, reduced, or impaired
o
Self-employed
Voluntary Coverage
o
Spouses who devote full-time managing the household
o
Filipinos recruited by foreign-based employers for employment
abroad
Effective Date of Coverage
Employee shall be credited with all contributions paid on his behalf and
entitled to benefits
Employee may continue to pay the total contributions to maintain his right to
full benefit
Effect of Interruption of Business or Professional Income:
Under the control test, We ascertain whether the employer controls or has
reserved the right to control the employee not only as to the result of the work
to be done but also as to the means and methods by which the same is
accomplished.
SSS v. Court of Appeals & Central Azucarera de Bais
Where the employer therefore "controls or has reserved the right to control
the "employee" not only as to the result of the work to be done but also as to
the means and methods" by which it could be performed, then the employeeemployer
relationship
should
be
considered
as
existing.
Republic of the Philippines represented by the SSC & SSS v. Asiapro
Cooperative
The power of control refers to the existence of the power and not necessarily
to the actual exercise thereof. It is not essential for the employer to actually
supervise the performance of duties of the employee; it is enough that the
employer
has
the
right
to
wield
that
power.
Victor De Jesus vs. Court of Appeals
Prior consent of the Social Security System (SSS) is not essential before an
employee can commence a criminal action arising from a violation of the
Social Security Law.
Whether under the Social Security Law or "in appropriate cases under the
Revised Penal Code," the employee can institute criminal suits independently
of the SSS.
SSS is not vested with legal competence to adjudicate criminal complaints
and must necessarily seek recourse in the regular courts for the prosecution
of criminal actions arising from violations of the Revised Penal Code and the
Social Security Law
Pensions:
Monthly Pension
Dependents Pension
Benefits:
Sickness Benefit
o
Member who paid at least 3 monthly contributions in the 12mo.
period immediately preceding the semester of sickness or injury
o
Confined for more than 3 days in the hospital or elsewhere with
SSS approval
o
Paid by employer or by SSS a daily sickness benefit (90% of daily
average salary credit)
o
For each day of compensable confinement
o
Conditions:
Re-employment/Resumption of self-employment
KYLEENVR
Employees Contributions
Employer shall not deduct from the compensation of his employees covered
by the SSS or otherwise recover from them the employers contributions with
respect to such employees
Monthly earnings declared at the time of his registration remains the basis of
his monthly salary credit, unless he makes another declaration.
Government Contribution
Congress shall also appropriate from time to time sums needed to assure the
maintenance of an adequate working balance of SSS funds assessed by
periodic actuarial studies
Remittance
Contributions shall be remitted to SSS within the first 10d of each month
following the month for which they are applicable or as the SSC prescribes
Penalty:
o
Employers who fail to remit and pay contributions shall have a
penalty of 3% per month from the date they failed to pay
Self-Employed:
o
Remit quarterly on dates and schedules as the SSC may specify
o
No retroactive payment
4
Employer shall report to SSS the names, ages, civil status, occupations,
salaries, and dependents of all employees subject to compulsory coverage
Self-Employed:
o
Register and report name, age, civil status, occupation and average
monthly net income, and dependents
o
Within 30d from when he started his profession/business
Damages
Misrepresentation by employer
o
Employer misrepresents the true date of employment; or
o
Remit contributions less than those required; or
o
Fail to remit any contribution due
o
Pay damages equiv. to difference of the amount of benefit and the
amount payable on the basis of the contributions actually remitted
United Christian Missionary Society v. Social Security Commission
Good faith or bad faith is irrelevant because penalty attaches from the
moment the remittance of premium dues is delayed.
The SSC is a mere trustee of the funds, which actually belongs to the
members.
KYLEENVR
In this case, Valderrama already paid more than its back premiums and a
portion of the penalties imposed. Therefore, their unpaid balance must be
deemed remitted and condoned pursuant to PD 24.
Whoever has the liability at the time of adjudication of SSC bears the
satisfaction of claims.
Penal Clause
Any person who obtains or receive any money without being entitled
with intent to defraud
Whoever buys, sells, offers, uses, any stamp, coupon, etc prescribed for
the collection of payment of contributions
R1/R1-A - employers
Membership coverage has expanded and has now included jeepney drivers,
market vendors, etc.
Benefits are NOT transferrable and NO SPA or other documents for collection
on their behalf shall be recognized.
o
Except when physically unable to collect personally
o
If death benefits, legal heirs (succession)
If there is an erroneous payment, SSS may recover.
o
At times, good or bad faith matters
KYLEENVR
Protect the family and its members particularly women and children
Violence Against Women and Children
Dating Relationship parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis
(g) Causing or attempting to cause the woman or her child to engage in any sexual
activity which does not constitute rape, by force or threat of force, physical harm, or
through intimidation directed against the woman or her child or her/his immediate
family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through
another that alarms or causes substantial emotional or psychological distress to the
woman or her child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or
her child, including, but not limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access to the woman's
child/children.
Protection Orders