The State affirms labor as a primary social economic force.

It shall protect the rights of workers and promote their welfare.

Article 2, Section 18 of the Constitution of the Republic of the Philippines

CONTEXT
THE JEEPENY DRIVERS AND THE SSS

Unique to the Filipino Experience is the Pinoy Jeepney. Jeepneys are the most popular means of public transportation in the Philippines. They were originally made from US military jeeps left over from World War II and are known for their flamboyant decoration and crowded seating. They have become a ubiquitous symbol of Philippine culture.1

Behind the flamboyance of the Filipino Jeepney lies the lone driver who in long hours, labours on this means of transportation delivering hundreds of passengers to their destination. Most often than not, this driver is the bread winner of a family of six who struggles to make ends meet and whose limited education leaves them little choice on a bountiful livelihood. By average, a jeepney driver earns a daily income of Php 300.00 to 500.00 where half of the gross income goes to the wealthy

With little means, the drivers family faces a complex web of socioeconomic challenges.

operator; a quarter to gasoline expenses and what remains is for the daily expenses for the
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www.wikipedia.org/wiki/jeepney International Humanitarian Rights| Right to Social Security

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family. This leaves the family vulnerable to sudden price increases on gas and other basic commodities. Moreover, the family lacks a sense of financial security since they rely on no other source of income but which comes from the physical strength of the father. Driving is nonetheless a stressful and risky job. With little means, the drivers family faces a complex web of socio-economic challenges. The State, compelled by the constitutions declaration that Social Justice shall be promoted in all phases of national development2, acted on the need to establish an effective social security mechanism for its people. The Social Security System (SSS) is an agency which is created to establish a social security protection to workers in the private sector, wage earners as well as self-employed persons. It is implemented in accordance with the Republic Act 1161, better known as Social Security Act of 1954.3 Presently, as reported by the press, SSS admits that it still lacks information dissemination on its services to jeepney drivers.4 In our locality, this is also a fact. The Alliance of Progressive Labor5, in their general observation, is convinced that jeepney drivers or their operators are not aware that they are covered by the SSS as provided for by law and jurisprudence. Some reports even reveal that some operators deliberately withheld contribution to save cost. This present state exposes needy families to unnecessary financial risks that would affect not only their sources of income when retirement comes but also the very future of their families.

Corollary to the rights of workers is also the right to social security

2 3

ARTICLE 2, SECTION 2 CONSTITUTION OF THE PHILIPPINES http://en.wikipilipinas.org/index.php?title=Social_Security_System 4 http://www.abs-cbnnews.com/video/nation/metro-manila/11/27/11/sss-admits-lack-info-drive-jeepney-drivers

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APL is a nation-wide organization that stands for social unionism and the advancement of workers rights.
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Corollary to the rights of workers is also the right to social security. It is in this particular right that this group seeks to examine and provide concrete actions to remedy the present local challenges.

CASES
THE STORY OF MR. TERIO

Mr. Allan Nagac-Terio worked as a jeepney driver for Mr. Antonio Tatads fleet of jeepneys for 3 years. The agreement between the operator and Mr. Terio was to deduct SSS contribution from his gross salary. The operator was to deposit the contribution directly to his SSS account. This is a common arrangement among business operators. Last year, Mr. Terio updated his SSS account and discovered that the operator irregularly performed his obligation of remitting the SSS contribution. The account report revealed that the operator was not faithful in remitting the SSS contribution with a total of 14 months of undelivered remittances. This story was revealed after the SSS Forum with the Jeepney operators. The story of Mr. Terio is just one of the countless others whose right to social security is prejudiced by their operators.

THE STORY SUSAN YLLANANS HUSBAND

Susan Yllanans husband has been a jeepney driver for almost most of his adult life. He opened up this concern during the forum that their previous operator had a fifty-fifty
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agreement on the payment of the SSS monthly premium. However, they have absconded in payment and the operator refused to pay for the penalty violating their agreement. Recently, he was terminated from the service. Up to this point, they have neither updated their SSS status nor have any idea how much penalty they are going to pay or if they really need to pay. They have neglected the payment and asked for relief if ever the penalty is iniquitous considering their means.

RIGHTS VIOLATED

INTERNATIONAL INSTRUMENTS

The Universal Declaration of Human Rights recognises the right to social security in articles 22, which states that: "Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality."

And article 25, which enshrines the right to an adequate standard of living, stating that: "(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are
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entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection."

Article 9 of the International Covenant on Economic,

Social

and Cultural

Rights (ICESCR) recognises "the right of everyone to social security, including social insurance." The right to social security is furthermore recognised in Article 10, which states that "special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits."[4] State parties to the ICESCR have the obligation to respect, protect and fulfil the right to social security. In the General Comment no 19 (2007) On the Right to Social Security the UN Committee on Economic, Social and Cultural Rights clarified that the right to social security as enshrined in the ICESCR encompasses:

"the right to access and maintain benefits, whether in cash or in kind, from (a) lack of work-related income caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family member; (b) unaffordable access to health care; (c) insufficient family support, particularly children and adult dependents"

Social security is understood to encompass the following nine branches: adequate health service, disability benefits, old age benefits, unemployment benefits, employment injury insurance, family and child support, maternity benefits, disability protections, and provisions for survivors and orphans. State parties to the ICESCR have the obligation to fulfil the right to social security by adopting "the necessary measures, including the implementation of a social security scheme". State parties must ensure that "the social security system will be adequate, accessible for everyone and will cover
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"Social Security...is not a dole or a device for giving everybody something for nothing. True Social Security must consist of rights which are earned rights -guaranteed by the law of the land."

-- Harry S. Truman, August 13, 1945

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social risks and contingencies". State parties also have an obligation to facilitate the right to social security by sufficiently "recognising this right within the national political and legal systems, preferably by way of legislative implementation" and "adopting a national social security strategy".6

CONSTITUTION OF THE PHILIPPINES

Though it is noted that the provisions articulated in Article II of the Constitution are a mix of self-executing and non self-executing provisions, it is worth noting that the Constitution, as the highest expression of the sovereign will of the Filipino people has made it a duty of the state to enhance the dignity of labor and the security it necessarily follows.

The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Article 2, Section 8 The State shall promote social justice in all phases of national development Article 2, Section 10 The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Article 2, Section 18

The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
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Felice, William F. (2010). The global new deal: economic and social human rights in world politics. Rowman & Littlefield. pp. 122123. ISBN 9780742567276. International Humanitarian Rights| Right to Social Security

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It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth. Article 13, Section 3

LAW

RA 8282 AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY

SYSTEM THEREBY AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 1161, AS AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW
"SEC. 9. Coverage. - (a) Coverage in the SSS shall be compulsory upon all employees not over sixty (60) years of age and their employers: Provided, That in the case of domestic helpers, their monthly income shall not be less than One thousand pesos (P1,000.00) a month: Provided, further, That any benefit already earned by the employees under private benefit plans existing at the time of the approval of this Act shall not be discontinued, reduced or otherwise impaired: Provided, further, That private plans which are existing and in force at the time of compulsory coverage shall be integrated with the plan of the SSS in such a way where the employer's contribution to his private plan is more than that required of him in this Act, he shall pay to the SSS only the contribution required of him and he shall continue his contribution to such private plan less his contribution to the SSS so that the employer's total contribution to his benefit plan and to the SSS shall be the same as his contribution to his private benefit plan before the compulsory coverage: Provided,further, That any changes, adjustments, modifications, eliminations or improvements in the benefits to be available under the remaining private plan, which may be necessary to adopt by
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reason of the reduced contributions thereto as a result of the integration, shall be subject to agreements between the employers and employees concerned: Provided, further, That the private benefit plan which the employer shall continue for his employees shall remain under the employer's management and control unless there is an existing agreement to the contrary: Provided, finally, That nothing in this Act shall be construed as a limitation on the right of employers and employees to agree on and adopt benefits which are over and above those Provided under this Act.

"SEC. 19. Employer's Contributions. - (a) Beginning as of the last day of the month when an employee's compulsory coverage takes effect and every month thereafter during his employment, his employer shall pay, with respect to such covered employee, the employer's contribution in accordance with the schedule indicated in Section Eighteen of this Act. Notwithstanding any contract to the contrary, an employer shall not deduct, directly or indirectly, from the compensation of his employees covered by the SSS or otherwise recover from them the employer's contributions with respect to such employees. "(b) The remittance of such contributions by the employer shall be supported by a quarterly collection list to be submitted to the SSS at the end of each calendar quarter indicating the correct ID number of the employer, the correct names and the SSS numbers of the employees and the total contributions paid for their account during the quarter. "SEC. 19-A. Contributions of the Self-Employed Member. - The contributions to the SSS of the self-employed member shall be determined in accordance with Section Eighteen of this Act: Provided, That the monthly earnings declared by the self-employed member at the time of his registration with the SSS shall be considered as his monthly compensation and he shall pay both the employer and the employee contributions: Provided, further, That the contributions of self-employed persons earning One thousand pesos (P1,000.00) monthly or below may be reduced by the Commission. "The monthly earnings declared by the self-employed member at the time of his registration shall remain the basis of his monthly salary credit, unless he makes another declaration of his monthly earnings, in which case such latest declaration becomes the new basis of his monthly salary credit.
JURISPRUDENCE

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"...The drivers did not invest a single centavo in the business and the respondent is the exclusive owner of the jeeps. The management of the business is in the respondent's hands. For even if the drivers of the jeeps take material possession of the jeeps, still the respondent as owner thereof and holder of a certificate of public convenience is entitled to exercise, as he does and under the law he must, supervision over the drivers by seeing to it that they follow the route prescribed by the Public Service Commission and rules and regulations promulgates by its as regards their operation. X X X The only features that would make the relationship of lessor and lessee between the respondent and the drivers, x x x x are the fact that he does not pay them fixed wage but their compensation is the excess of the total amount of fares earned or collected by them over and above the amount x x x which they agreed to pay to the respondent, the owner of the jeeps, and the fact that the gasoline burned by the jeeps is for the account of the drivers. These two features are not, however, sufficient to withdraw the relationship between them from the employer-employee, x x x. Not having any interest in the business because they did not invest anything in the acquisition of the jeeps and did not participate in the management thereof, their service as drivers of the jeeps being their only contribution o the business the relationship of lessor and lessee cannot be sustained. In the lease of chattels the lessor loses control over the chattel leased although the lessee cannot make sure thereof, for he would be responsible for damages to the lessor should he do so. In this case, there is a supervision and sort of control that owner of the jeeps exercise over the drivers.. It is an attempt by ingenious scheme to withdraw the the relationship between the owner of the laws enacted to promote industrial peace."( NATIONAL LABOR UNION vs. DINGLASAN, L-7945, 23 March 1956.)

...It is already settled that the relationship between jeepney owners/operators and jeepney drivers under the boundary system is that of employer-employee and not of a lessor-lesse. The fact that the drivers do not receive fixed wages but only get the amount in excess of so-called boundary that they pay to the owner/operator is not sufficient to negate the relationship between them as employers and employee. (Primo E. Caong Jr., et al. Vs. Avelino Regualos, G.R. No. 17948, January 26, 2011)

ADMINISTRATIVE

CIRCULAR NO. 79-T

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TO: All Jeepney Operators and Driver For the guidance of all concerned, the bases of coverage, premium contribution, and allowable daily deduction or earnings of jeepney drivers are hereby published: I. BASIS OF COVERAGE The Supreme Court held that jeepney drivers are employees of jeepney operators in the case of the NATIONAL LABOR UNION vs. DINGLASAN, L-7945, 23 March 1956. The Court RULED: "...The drivers did not invest a single centavo in the business and the respondent is the exclusive owner of the jeeps. The management of the business is in the respondent's hands. For even if the drivers of the jeeps take material possession of the jeeps, still the respondent as owner thereof and holder of a certificate of public convenience is entitled to exercise, as he does and under the law he must, supervision over the drivers by seeing to it that they follow the route prescribed by the Public Service Commission and rules and regulations promulgates by its as regards their operation. X X X The only features that would make the relationship of lessor and lessee between the respondent and the drivers, x x x x are the fact that he does not pay them fixed wage but their compensation is the excess of the total amount of fares earned or collected by them over and above the amount x x x which they agreed to pay to the respondent, the owner of the jeeps, and the fact that the gasoline burned by the jeeps is for the account of the drivers. These two features are not, however, sufficient to withdraw the relationship between them from the employer-employee, x x x. Not having any interest in the business because they did not invest anything in the acquisition of the jeeps and did not participate in the management thereof, their service as drivers of the jeeps being their only contribution o the business the relationship of lessor and lessee cannot be sustained. In the lease of chattels the lessor loses control over the chattel leased although the lessee cannot make sure thereof, for he would be responsible for damages to the lessor should he do so. In this case, there is a supervision and sort of control that owner of the jeeps exercise over the drivers.. It is an attempt by ingenious scheme to withdraw the the relationship between the owner of the laws enacted to promote industrial peace." As such employees, jeepney drivers are therefore covered under Sec. 10 of the Social Security Law. II. BASIS OF PREMIUM CONTRIBUTIONS

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In the case of MALATE TAXICAB 7 GARAGE, INC. vs. THE CIR AND NIU (G.R NO. 1-8718, PROM. MAY 11, 1956, 52 O.G No. 6, p. 3034), the Supreme Court said, among other things, that in the absence of evidence to show the amount which a driver earned, the minimum wage as authorized by law is to be adopted. (Also, SSC Res. No. 1064, S '59). Thus, If the earnings of a jeepney driver cannot be determined by records, then the basis o the premium contribution to the SSS is the minimum wage as authorized by law. Based on the present minimum wage law as interpreted by the Dept. of Labor (Bureau of Labor Standards Wage and Hour Bulletin No. 1), the minimum monthly earnings of a jeepney driver is either one of the following: (a) Php183.00 - for those working everyday including Sundays and legal holidays or (b) Php157.00 - For those given a day off in a week. III. DETERMINATION OF DAILY COLLECTION FROM THE DRIVER'S EARNINGS. For purpose of the SSS, whether the driver's monthly earning is Php 183.00 or Php 157.00, his monthly salary credit is Php 175.00 (Sec. 18, SS Act). The total monthly premium contribution is Php 10. 50. Of this amount, the driver will pay only Php. 4.30 as his share, and the operator, Php 6.20. However, if a monthly collection of the driver's share can not be made by the jeepney operator, then the collection may be made daily. This daily collection will amount from FOURTEEN OR SEVENTEEN CENTAVOS. (0.14 or Php 0.17), thus If the driver works for 30 days, the collection is Php 0.15 per day - for the first 10 days or total of Php 1.50 Php 0.14 per day - for the next 20 days or total of Php 2.80 Monthly contribution Php 4.30 If the driver has one day off in a week, the collection is: Php 0.17 per day - for the first 14 days or total of Php 2.38 Php 0.16 per day - for the next 12 days or total of Php 1.92 Monthly contribution Php 4.30 The amount of Php 4.30 (driver's share)and Php 6.20 (operator's share)or a total of Php 10.50 monthly, shall be remmitted to the Social Security System by the
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operator within the first seven days of each calendar month following the month for wich they are applicable. April 3, 1970

SSS coverage for drivers, conductors mandatory

MONDAY, 16 AUGUST 2010 08:00 Due to the effectivity Circular Memorandum #2009-023 issued by the Land Transportation Franchising and Regulatory Board ( LTFRB) on October, 2009 the mandatory SSS coverage for drivers at conductors of public utility vehicles has been duly implemented. This is in line with the Memorandum of Agreement signed by SSS and LTFRB led by President and CEO Romulo Neri and Commissioner Alberto Suansing . It can be recalled that SSS and LTFRB conducted an information campaign for the coverage of drivers and conductors under SSS programs by virtue of SSS Circular No. 79-T stating therein the legal basis of coverage of said members, the monthly contributions and the amount to be deducted from a member based on the computation table allowed by law. According to the circular issued by LTFRB , all Public Land Transport Service Operators are required to submit a Certificate of SSS Coverage of all their drivers and conductors before being issued a permit to transport passengers. A possible cancellation of the franchise will be the penalty should the operator fails to comply with this decree within three consecutive years.

EXPERIENCE
Who is the violator?
The violator in this case is the operator. Since there was a prior agreement on the method of payment, the party obliged to give should comply it in good faith. The record showing the failure to remit on the part of the operator for an unreasonably long period of time
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gives an impression that he acted in bad faith. This act also prejudiced the jeepney driver in his right to social security. RA 8282, Sec 28 provides:

"(h) Any employer who, after deducting the monthly contributions or loan amortizations from his employee's compensation, fails to remit the said deduction to the SSS within thirty (30) days from the date they became due, shall be presumed to have misappropriated such contributions or loan amortizations and shall suffer the penalties Provided in Article Three hundred fifteen of the Revised Penal Code.

REFLECTION
What factors contributed to the violation

In the teams evaluation, we came to the conclusion that there are 2 main factors that contribute the commission of the violation. Though Ignorance of the law excuses no one, the lack of awareness on part of the operators regarding the SSS mandatory contributions and as well as the drivers contributed to the violation. In our forum, SSS also admitted that they had a hard time reaching the transportation sector in their educational missions. It is clear in our understanding that though the law mandates such mandatory contribution for business and their employees, the reality of an information gap has led to this violation.

Secondly, economic considerations are also a major factor. Since our capitalist tradition has always emphasized the maximization of profit, it has done so at the expense of the workers and their dignity. This act is tainted in bad faith. The welfare of the driver is reduced to a mere economic constraint. This insults the very spirit of social justice and social security.

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HOW DID THEY ADDRESS THE VIOLATION

The SSS forum the team organized for the drivers also accommodated complaints from the participants. This became the venue where the complainants conveyed their concerns directly to the SSS Field Representative. The representative promptly instructed them to fill the necessary information for the affidavit of complaint and bring any proof of employment to the SSS Head Office.

REMEDIES AVAILABLE

INTERNATIONAL LAW

Philippines is not a signatory of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights hence a violation of the right to social security cannot be forwarded to the Committee.

PHILIPPINE LAW

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The SSS had established administrative procedure for the filing of the complaint for action. The SSS requires to filing of an affidavit of complaint available in their branch offices accompanied by any documents showing the existence of an employer-employee relationship. Once the affidavit is field, the SSS field officers will conduct and investigation. Once probable cause is established, they will then forward it to their legal department for appropriate legal action. What is the effect of non-reporting and non-remittance of contributions?

To the Employee The employee is still entitled to SS benefits even if the employer fails or refuses to remit the SSS contributions. To the Employer An employer who does not report temporary or provisional employees is violating the SS law. The employer is liable to the employees and must: 1. pay the benefits of those who die, become disabled , get sick or reach retirement age; 2. pay all unpaid contributions plus a penalty of three percent per month; and 3. be held liable for a criminal offense punishable by fine and/or imprisonment. Sec 22 of the RA 8282 also known as AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 1161, AS AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW provides for the following remedies in case of non remittance of the employer. "(b) The contributions payable under this Act in cases where an employer refuses or neglects to pay the same shall be collected by the SSS in the same manner as taxes are made collectible under the National Internal Revenue Code, as amended. Failure or refusal of the employer to pay or remit the contributions herein prescribed shall not prejudice the right of the covered employee to the benefits of the coverage.
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"The right to institute the necessary action against the employer may be commenced within twenty (20) years from the time the delinquency is known or the assessment is made by the SSS, or from the time the benefit accrues, as the case may be. "(c) Should any person, natural or juridical, default in any payment of contributions, the Commission may also collect the same in either of the following ways: "1. By an action in court, which shall hear and dispose of the case in preference to any other civil action; or "2. By issuing a warrant to the Sheriff of any province or city commanding him to levy upon and sell any real and personal property of the debtor. The Sheriff's sale by virtue of said warrant shall be governed by the same procedure prescribed for executions against property upon judgments by a court of record. "(d) The last complete record of monthly contributions paid by the employer or the average of the monthly contributions paid during the past three (3) years as of the date of filing of the action for collection shall be presumed to be the monthly contributions payable by and due from the employer to the SSS for each of the unpaid month, unless contradicted and overcome by other evidence: Provided, That the SSS shall not be barred from determining and collecting the true and correct contributions due the SSS even after full payment pursuant to this paragraph, nor shall the employer be relieved of his liability under Section Twenty-eight of this Act.

They remedies are seen as fair and reasonable. The failure in part of the operator to remit the SSS contributions of his/her employees will give rise to civil and criminal liability. The only question that we would like to rise is the duration of such judicial proceedings and its cost. It should be clear that parties who had the courage to fight the injustice their employer caused but who does not have the means to financially support judicial proceedings should be supported by the SSS.

Proper safe guards are also necessary for labourers whose life and security might be at risk from the wrathful revenge of their employers

Proper safe guards are also necessary for labourers whose life and property might be at
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risk from the wrathful revenge of the employers who have the resources and influence to intimidate and prevent them from proceeding further action. For a proactive response, it would be practicable that the local SSS will initiate a taskforce to look in to the SSS coverage of the transportation sector since it is admittedly one of the lowest in terms of coverage.

ACTION
The Forum on Mandatory SSS Coverage
Our group is tasked to identify and properly address concerns on human rights in the labor sector. We have chosen to focus specifically in the socio-economic rights of jeepney drivers in Cagayan de Oro City. A particular issue is on the social benefits afforded to the jeepney drivers by law which, through our initial assessment, some drivers and their operators are not aware of. Thus, we decided to organize a brief forum centering on the Mandatory Social Security System Coverage of these jeepney drivers so they will be enlightened of this basic social right. In coordination with Mr. Joel Gabatan, President of the Association for Progressive Labor, we were able to secure the attendance of 25 participants from NUTP. The NUTP has around 30 members in the city. The Social Security System, through Atty. Josefina Fornilas, the Assistant Vice President of its Northern Mindanao Division assisted us in finding our resource speaker, Ms. Ma. Jeaneth Rosaluna, from the General Services Division.
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The forum was held in the afternoon of January 19, 2012 in Bonbon, Cagayan de Oro City. It was centered on the different types of benefits under the SSS Coverage, the qualifying conditions under each type of benefit, the amount of benefits and the schedule of contributions. Under the SSS Coverage, the member is entitled to sickness, maternity, disability, retirement, death and funeral benefits. Loans can also be granted to members. This includes the basic cash loan. A cash loan can also be granted to an employed, currentlypaying self-employed or voluntary member to meet the members short term credit needs. The speaker encouraged the drivers including their wives, who were also present, to register as a member as soon as possible. She stressed the existing policy of the State which is to promote social justice and provide meaningful protection to members and their of families against the hazards disability, sickness,

maternity, old age, death and other contingencies resulting in loss of income or financial burden. The speaker also reiterated the Memorandum Circular No. 2009-023 of the Land Transportation Franchising and Regulatory Board which covers the Mandatory SSS Coverage of drivers, conductors and other personnel of public land transport service operators. New service developments employed by the SSS were also introduced. By the end of the forum various questions from the drivers were answered. These include queries on the liabilities of operators in case of non-payment, qualifying conditions on salary loans and requirements for SSS registration.

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After the forum, leaflets on the summary of SSS benefits were given to the participants. Snacks were served and a token and certificate of appreciation were also given to the speaker.

Complaint Processing Assistance

Included in the SSS Forum with field representatives is the complaint processing assistance. The participants of the forum were directly assisted by the field officers after the formal lecture was concluded. Assistance given was the filing of the affidavit of complaint. We also made follow-up calls with SSS and update the complainants on the status of their case.

Divisoria SSS Street Information Drive

To help bridge the information gap, the team also initiated a information sheet distribution campaign to jeepney drivers on February 9, 2011 about the basic requirements and benefits of the Social Security System around the Divisoria Area. Lapasan, Bonbon and Iponan routes benefited from the distribution. The language of the information sheet was in the vernacular which contained the benefits derived from SSS. Laws were also cited to give the reader some legal support once they use such information to assert their right.
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Drivers were quick to receive the information sheets and readily read them. Some passengers even made a quick read on the contents.

PERSONAL SYNTHESIS AND REFLECTION

Social Security and Jeepney Drivers

By Soraya S. Laut

After our various interviews with union leaders and members of transport groups, I have come to realize that there are many human rights violations in the labor sector. Contrary to my assumption that violations of workers rights primarily involve salary or wage considerations, I was proved to be wrong for there are more issues than I thought there would be. Aside from basic wage disputes between the employer and employees, issues on union membership, working conditions, termination and employment benefits are also being debated on.

Through our brief forum on the SSS Coverage, jeepney drivers were informed on their right to various employee benefits by virtue of their SSS membership. The monetary security and protection provided by employee benefits are essential to any worker as he cannot prevent all kinds of hazards that may threaten his continued employment such as
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sickness, disability and death. Without such financial security, the worker and even his family may be deprived of their basic necessities and consequently, of their economic rights. Retirement benefits are also very important when persons will not be able to work anymore due to old age. The pension that they will be receiving is necessary for their survival and subsistence by the time they will become unfit to work. After the forum, I also began to be concerned of my own security in the future. .

All human beings are born free and equal in dignity and rights.
By Delbert John Z. Barsaga

It was on December 10, 1948 when these solemn words, among others and taken from the United Nations Declaration on Human Rights, were enunciated and promulgated to serve as an absolute standard and basis of the different governments all over the world with respect to the human rights o people, regardless of race, color, sex, language, religion, origin and social status. The UDHR, together with other Conventions, should be the northern star with what the government should do in dealing with their constituents. Theoretically speaking, this medley of words seems to be so promising. Yet, when put into operation in the real word, the affirmations already made cannot be easily applied. In fact, a series of questions easily arises: What is the use of these rights if the people do not know their existence? What is the use of these rights if there is no effective mechanism of not only enforcing it but to uphold it and to have adequate remedies in case of violations? What will happen if the Government itself violated such rights? These are the questions that bothered me when we conducted our seminar with the members of NUTC-Bonbon Chapter. These are the questions that I hope, someday, I could find an answer.

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I do not question the existence of rights. Of course, I agree, rights are inherent and could not be taken or bargain away. However, such rights, whether political rights or socioeconomic rights, would be meaningless if the people do not the very existence of these different rights and the mechanism to fully exercise the same. Although, at least, the government is doing something to help the underprivileged to have economic and social security though the creation of SSS, yet much effort is still needed to fully reach the grassroots level of the society. The government should be much persistent in its effort to render these services to those who badly need it.

The seminar we conducted indeed gave the members of the NUTC new signs of hope. The seminar offered new ideas and finally, clearly and definitely answered their different concerns about the SSS, i.e., membership, monthly contributions, pending loans and delinquencies. If we have not conducted the seminar, the members would still be left at the dark about their concerns. Thus, the government, if they are really sincere in what they are doing, should come up with effective mechanisms of making known their projects which aims to alleviate the condition of the grassroots level. And they should be persistent about it.

Second, the existence of these rights would also be futile if the ordinary people do not know where to go when their rights are violated. And what makes the matter worst is when the government itself violated such rights. When we talked with the members of NUTC, they immediately expressed their grievances against the government, the accounts of oppression, the iniquitous and unconscionable fines they have to pay, the warrantless arrest and others. At some point, they know that their rights are violated, but they feel hopeless and powerless in facing the government. At this point, the existence of these rights is completely inutile.

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These things lead me to my third realization; the importance of unions. Unions and other forms of associations could be effective ways of enforcing their rights and also helping the members in case of problems. Through their collective efforts, they could be more powerful of getting the attention of the government. The strength of the labor class depends on their numbers and through their unions, it could be expected that they could yield more influence in the decision-making process in the government.

Lastly, the cooperation of the different sectors of the society is important in the realization in the realization of the human rights. Sometimes, or in fact oftentimes, the government could not just do everything. Although it is their duty to render services to the people and to make sure that people enjoy what they are entitled to enjoy, yet, we have to yield to the reality that the government could not just discharge their duties. This is the time when the civic-oriented organizations, NGOs and civil society groups, which could include the students, to come in the picture in order to fill such gaps. As it is the duty of everybody, as members of the human polity, to help the underprivileged and the oppressed, the civil society groups should not hesitate to do what is necessary when the government fails to do so.

All in all, human rights are indeed inherent in every person. These rights are universal and inalienable. These rights are affirmed by numerous Conventions. Nevertheless, human rights would just became a pleasing platitude, a medley of words, a mere burst of rhetoric if there are no effective mechanisms to enable the people to know these different rights, to put these rights into reality and to seek remedy in case of violations. Unions of labor class should strengthen its ranks in order to make them more effective in influencing the government. And when the government fails to do what is incumbent upon them, the civil society groups should not hesitate to discharge such duties for the intricacies of the community require them to do so. As clearly shown, the Philippine society still has a long way to go to fulfil the UDHR and the different Conventions. We
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still have more to do in order to promote and protect those rights and we should not fail so that the human rights violations will not happen in the next generation and will be completely forgotten by the third.

The Philippines is a country full of promises

By Dave Valcarcel

The Philippines is a country full of promises. It has the potential to become bigger than it is now because of its people. In fact most would argue that our greatest resources are the Filipino people themselves, because they are hard working, they have the uncanny resilience to make something out of a terrible situation and most of all compassionate. These would most likely be the characteristics of a successful person but ironically Filipinos are mostly poor. So I asked what could be the reasons behind this and not long enough the answer was staring right at me. Living in a budding city in Cagayan de Oro, who I thought would have blossomed into a bustling metro a few years back, you get to meet hardworking people every day in its streets, and one of them are jeepney drivers.

Our group was tasked in a form of a group project to dwell into helping certain sectors of our society and ours focused on looking into issues regarding the labor sector, in which we chose to help the jeepney drivers. Upon looking into what ways we could help, we found out that many of the jeepney drivers are not members of the SSS, in which has been made available to them for quite some time now. We decided to invite some speakers from the SSS office to give a symposium on this matter.

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Before the speakers came we got to talk to the drivers and it is when they aired out their grievances not only to some of their operators but also to traffic enforcers here in the city whom they think are taking advantage of them. It was then that I realized that they do not have much know about of the law and when it comes to the membership in SSS it seems like they do not have one, not because they do not want to but they seem to shy away from it because they do not understand it.

Most of them no matter how hard working will likely to stay in the place they are at because of ignorance. They are the very sector of the society that should be protected and afforded with much privilege and benefits but in a world which grows, poverty keeps them from growing with it.

Thus it should be the duty not only of the government but also fellow Filipinos, lucky enough to be educated to help them and make them realize that they who have less in life must have more in law.

Spirit of the Law

By Ernesto B. Neri

In our International Humanitarian Rights class practicum, we are assigned to engage the Labor sector to help out in some of its legal issues. Since this sector is too broad, we chose to focus on a sub-sector which we encounter in our daily commute- the jeepney drivers. This sector, after our general investigation, is encountering numerous legal issues that the group might be overwhelmed if we tackle each. To avert stretching our efforts
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too thinly, we chose a particular concern present in this sector namely their concern over their SSS benefits.

Corollary to their rights as workers is also their right to social security.

With the help of the Alliance for Progressive Labor, we were linked with the Association of Jeepney drivers and operators of Barangay Bonbon. To enable them to resolve pertinent queries regarding the value of SSS, we facilitated a small forum with the operators and the SSS field officers for an afternoon of input and forum. It was a fruitful exchange of information which led the jeepney organization to assert their rights of social security from their operators which were left ignored before.

In sum, the whole experience made me realize that the study of law is more than just the textual appreciation of it. It calls us to see the law on what it is in its very essence which is the reflection of how we see ourselves and our worth as human beings and our concept of what is right and wrong. The SSS is an institution which serves the people of their right to social security. And as an entity created by law, it serves as a reflection of our concept of social justice, dignity of human effort and the security we deserve after a fruitful life of labor. It is exciting for me to be part of that whole process of animating that right into something real and tangible in the lives of the jeepney drivers even how small and simple it is. This experience also made me more interested in engaging in developmental lawyering.

Human Rights and our Locality

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Josdan John E. Chavez

As having participated on our International Humanitarian Rights practicum which focuses on the labor sector, to narrow it further, to the jeepney drivers, Ive notice a lot of violations done by our Local Government Units and our local law enforcers. A lot of them are a violation of the basic human rights of Due Process. One violation to be specific was one driver violated an ordinance, then he was issued a warrant of arrest, but before he was apprehended, he was not spoken and reminded of this rights (Miranda Right) which makes it unlawful for an officer to detain a person without reciting the Miranda Rights. Even the basics of basic that our law requires our local officers and enforcers have a hard time doing it. Arent they also guilty of the same by violating not the ordinance but the Bill of Rights of the Constitution ? Isnt the ordinance a little bit too overbreadth Unlike our jeepney drivers, officials are paid on a monthly basis with benefits. Our jeepney drivers depends on there day to day work in order to survive. That means one day of detention, 1 or 2 day without food on the table for there family. The law provides that those who have less in life, should have more in law. Thats why I was really happy that our group was assigned on this sector because these are one of many sectors that very common, very practical and the most taken for granted. I know this is one of the main problems our society is facing right now and once this project is finished, it would really make a difference.

Remembering to think
Maria Teresa D. Sarraga

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I used to see drivers go about their days on my way to school. They sat in the front seats of their jeepneys and hollered at pedestrians. They also put others at risk by swerving in and out of traffic. Ive always thought the worst of them because of that. I thought of them as loud, rude and dangerous. I did not think of the fact that they do what they do to make a living. I did not think of the mouths they would have to feed. I did not think of whether they could afford medicine. I did not think of how many hours they would have to put in before they can call it a day. I thought of all the wrong things. I forgot to think of all the right ones.

It is easy to forget. It is easy to forget that they are just as human as I am. That they have families; that they have feelings; that they have problems; that they have rights. The project helped me remember.

My group was assigned to look into the rights violated in the labor sector. We narrowed that down to the rights of jeepney drivers. Ultimately, we decided to focus on their right to social security. Thanks to the Alliance of Progressive Labor we were able to determine that violations often arise because drivers and operators are not aware that they are covered by the SSS. To address this, we organized a brief forum on SSS coverage.

At the forum, I noticed that the men had their wives by their sides and their children on their knees. As soon as the speaker began her talk, they hung on her every word. When asked to pose their questions, many asked how their families would benefit should they become unemployed, sick, disabled or should they die. During those few hours they were not the dangerous men who contributed to traffic by stopping in the middle of the highway. They were not the crass men who called out from their drivers seats. They were simply men looking for financial security for themselves and for their families.
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During those few hours, I realized that the quest for financial security is not a quest limited to jeepney drivers. All workers gear towards keeping themselves and those they consider under their care safe and healthy. This extends to being able to provide them with the basic necessities should anything unfortunate or unforeseen come about. This is a right that all workers are entitled to. Through our forum, I believe that the drivers of NUTP at least, became better equipped to attain that security.

These days, when I cross the street and hear a jeepney driver call to me from the middle of the road, I grit my teeth. I still think of a lot of them as loud, rude and dangerous. The difference is that I will not forget about all the rest any time soon.

Those who have less in life should have more in law

Rechel D. Celestiano

Those who have less in life should have more in law. But I guess, what is happening today is the contrary. Those who have less in life have been oppressed and violated their rights as a person. Our group was assigned to the labor sector and we choose specifically the jeepney drivers. Being a jeepney driver is of no easy job. They dont have the benefits enjoyed by a regular employee in an office, hospital or in the government such as security of tenure, 8hr working day, health and SSS or GSIS benefits. We invited an SSS employee to conduct a lecture with them together with their operators, and it was very informative and it was conducted in a way that they can understand it and its importance being an SSS member and how the benefits of the SSS can help them financially. And even myself is not that knowledgeable or well aware on how SSS works

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and its benefits too. I think I was enlightened and for me it is very important to avail yourself and your family of this SSS thing because it helps a lot.

It just takes simple spark to ignite a giant flame.

Edward Rey E. Sasam To earn something more than their lunches, jeepney drivers today extend their already long working hours. Yesteryears start of 5 a.m. is now 3 a.m. to 4 a.m., and back-togarage time has stretched out to 12 midnight or later. A jeepney drivers diskarte now assumes greater importance, if they are to subsist at all. This means weaving through traffic to get as much passengers as they can and round a trip as quickly as traffic would allow. This result to the common complaints leveled against jeepney drivers lack of road courtesy, cutting trip, long wait for passengers, etc. It also renders them vulnerable to apprehension by traffic enforcers with their costly tickets and kotong. While the skyrocketing prices of fuel is the main cause of drivers woes, worsening traffic conditions and the traffic enforcers penchant for kotong and issuing traffic citation tickets further aggravate it. Traffic enforcers are supposed to take care of the flow of traffic. But theyre more mindful of catching erring drivers than easing the flow of traffic. Pushed by the need to earn a little bit more, jeepney drivers indeed do violate traffic rules at times. But they complained that they also get apprehended because traffic enforcers have a quota in the number of traffic citation tickets they have to issue in a day or in the money they make. This kind of abuse cant be stressed enough from the words of the jeepney drivers that day. They try to make an honest living for their family but these traffic enforcers are just so abusive to the point that it sickens me.
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These are the plight of the jeepney drivers and it saddens me more knowing that with all their woes, they dont have an SSS plan. One of the most important labor sectors in the society are also one of the most oppressed. I hope that what we did their on our forum has made a difference, small it may be but .it just takes simple spark to ignite a giant flame.

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AD MAJOREM DEI GLORIAM

SUBMITTED BY:

DELBERT JOHN Z. BARSAGA RECHEL D. CELESTIANO JOSDAN JOHN E. CHAVEZ SORAYA S. LAUT ERNESTO B. NERI EDWARD REY E. SASAM DAVE VALCARCEL MARIA TERESA D. SARRAGA

SUBMITTED TO:
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ATTY. NORMIE BATULA Professor International Humanitarian Rights Block A

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