poblete construction vs asiain- asiain was an employee of poblete construction until his death and his

family filed a petition to sss against poblete construction to recover asiain's salary and contribution.
poblete construction stated that asiain's wife has no capacity to sue and that sss has no jurisdiction over
the subject matter of the case. sss stated that it has jurisdiction over the granting of the salary of asiain
but nothing else. sc ruled that poblete construction should have reported asiain for sss coverage even if
he did not want to because he did not want his salary to be decreased due to the sss contribution.
poblete construction has the duty to report asiain for sss coverage and this duty does not depend on the
employee's willingness to be covered. if the employee dies or is injured without being reported to sss
coverage employer covers for the amount that is equivalent to the benefits of the employee referred to
as damages. sss has jurisdiction over case since filing, determination and settlement of claims for sss are
governed by the rules and regulations of ssc and claims is broad enough to include damages.