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SSS
2.) IN RE: PETITION VS. SSS
Facts:
Facts:
The petitioners are owners of fishing boats. As
owners, they enter into agreement with the so-called On September 1, 1958, the Roman Catholic
patrons or pilots, whereby the latter take charge of Archbishop of Manila filed with the Social Security
petitioners’ fishing vessels, equipment, and gear used for Commission a request that "Catholic Charities, and all
fishing. Once entrusted with the equipment, the pilot hires religious and charitable institutions and/or organizations,
the crew to man the boat and secures their provisions. which are directly or indirectly, wholly or partially,
These men have no regular income. If the trip yields a operated by the Roman Catholic Archbishop of Manila," be
catch, the proceeds thereof are divided into three parts: exempted from compulsory coverage of Republic Act No.
1161, as amended, otherwise known as the Social Security
1st part goes to the owner of the boat; Law of 1954. It claimed that the said Act is a labor law and
2nd part is set aside to cover expenses like crude oil does not cover religious and charitable institutions but is
and for maintenance of the boat;and limited to businesses and activities organized for profit,
3RD part is divided among the men. however, it was denied by the SSC.
In the present case, neither the pilots nor the crew- From the above legal provisions, it is apparent that the
members receive compensation from the boat-owners. They coverage of the Social Security Law is predicated on the
only share in their own catch produced by their own efforts. existence of an employer-employee relationship of more or
There is no showing that outside of their one-third share, less permanent nature and extends to employment of all
the boat-owners have anything to do with the distribution kinds except those expressly excluded.
of the rest of the catch among the pilots and the crew-
members. The latter perform no service for the boat- In the case at bar, the definition of the term
owners, but mainly for their own benefit. "employer" is, we think, sufficiently comprehensive as to
include religious and charitable institutions or entities not
The services rendered by the fishermen are no organized for profit, like herein appellant, within its
different from the agricultural labor performed by a share meaning. This is made more evident by the fact that it
or leasehold tenant or worker, which is specifically contains an exception in which said institutions or entities
excluded from the definition of "employment", and are not included. And, certainly, had the Legislature really
exempted from the coverage of the Social Security Act. 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.
Facts:
Issue:
Held:
No.
Under the Social Security Act, the term "Employee —
Any person who performs services for an 'employer' in
which either or both mental and physical efforts are used
and who received compensation for such services, where
there is an employer-employee relationship.