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I SSS and remit the overdue SSS premiums.

Tito Pacencioso is an employee of a foundry


Who has the obligation to report the RSC
shop in Malabon, Metro Manila. He is barely
members for membership with the SSS, with
able to make ends meet with his salary of
the concommitant obligation to remit SSS
P4,000.00 a month. One day, he asked his
premiums? Why? (6%)
employer to stop deducting from his salary
his SSS monthly contribution, reasoning out
that he is waiving his social security
IV
coverage.
Odeck, a policeman, was on leave for a month.
If you were Tito's employer, would you grant While resting in their house, he heard two of
his request? Why? (6%) his neighbors fighting with each other. Odeck
rushed to the scene intending to pacify the
protagonists. However, he was shot to death
II by one of the protagonists. Zhop, a
housemaid, was Odecks surviving spouse
Carol de la Cruz is the secretary of the
whom he had abandoned for another woman
proprietor of an auto dealership in Quezon
years back. When she learned of Odecks
City. She resides in Caloocan City. Her office
death, Zhop filed a claim with the GSIS for
hours start at 8:00 a.m. and end at 5:00 p.m.
death benefits. However, her claim was
On July 30, 2008, at 7 a.m. while waiting for
denied because (a) when Odeck was killed, he
public transport at Rizal Avenue Extension as
was on leave; and (b) she was not the
has been her routine, she was sideswiped by a
dependent spouse of Odeck when he died.
speeding taxicab resulting in her death. The
father of Carol filed a claim for employee's
Resolve with reasons whether GSIS is correct
compensation with the Social Security
in denying the claim. (5%)
System. Will the claim prosper? Why? (6%)

V
III
A, single, has been an active member of the
Assume that in Problem 5, Mario, an RSC
Social Security System for the past 20 months.
member disgusted with the non-payment of
She became pregnant out of wedlock and on
his night shift differential and overtime pay,
her 7th month of pregnancy, she was
filed a complaint with the DOLE Regional
informed that she would have to deliver the
Office against RSC and PizCorp. After
baby through caesarean section because of
inspection, it was found that indeed Mario
some complications. Can A claim maternity
was not getting his correct differential and
benefits? If yes, how many days can she go on
overtime pay and that he was not declared an
maternity leave? If not, why is she not
SSS member (so that no premiums for SSS
entitled? (3%)
membership were ever remitted). On this
basis, the Regional Director issued a
compliance order holding PizCorp and RSC
solidarily liable for the payment of the correct
differential and overtime pay and ordering
PizCorp to report Mario for membership with
VI
[a] State briefly the compulsory coverage of
the Government Service Insurance Act. (2%)
[b] Can a member of a cooperative be deemed
an employee for purposes of compulsory
coverage under the Social Security Act?
Explain. (2%)

VII
Mans Weto had been an employee of Nopolt
Assurance Company for the last ten (10)
years. His wife of six (6) years died last year.
They had four (4) children. He then fell in love
with Jovy, his co-employee, and they got
married. In October this year, Wetos new wife
is expected to give birth to her first child. He
has accordingly filed his application for
paternity leave, conformably with the
provisions of the Paternity Leave Law which
took effect in 1996. The HRD manager of the
assurance firm denied his application, on the
ground that Weto had already used up his
entitlement under that law. Weto argued that
he has a new wife who will be giving birth for
the first time, therefore, his entitlement to
paternity leave benefits would begin to run
anew.

(a) Whose contention is correct, Weto or the


HRD manager?

(b) Is Jovy entitled to maternity leave


benefits? (6%)