UST Golden Notes 2011 - Social Legislation
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8/12/2019 UST Golden Notes 2011 - Social Legislation
1/21
SOCIALLEGISLATION
107
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATION ANDFINANCE:JEANELLEC. LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
F. SOCIALLEGISLATION
Q:WhatisSocialLegislation?
A: It consists of statutes, regulations and
jurisprudence that afford protection to labor,
especiallytoworkingwomenandminors,and is in
fullaccord
with
the
constitutional
provisions
on
the
promotionofsocialjusticeto insurethewellbeing
andeconomicsecurityofallthepeople.
1.SOCIALSECURITYLAW
(RA8282)
Q:Whatisthepolicyobjectiveintheenactmentof
(SSS)Law?
A:ItisthepolicyoftheStatetoestablish,develop,
promoteandperfectasoundandviabletaxexempt
SSSsuitabletotheneedsofthepeoplethroughout
the Phils., which shall promote socialjustice and
providemeaningful
protection
to
members
and
theirbeneficiariesagainstthehazardsofdisability,
sickness, maternity, old age, death, and other
contingenciesresultinginlossofincomeorfinancial
burden.(Sec.2)
TheenactmentofSSSlawisalegitimateexerciseof
thepolicepower. Itaffordsprotectiontolaborand
is infullaccordwiththeconstitutionalmandateon
the promotion of social justice. (Roman Catholic
ArchbishopofManilav.SSS,G.R.No.15045Jan.20,
1961)
Q:Arethepremiumsconsideredastaxes?
A:No.ThefundscontributedtotheSystembelong
to the members who will receive benefits, as a
matterofright,whenever thehazardsprovidedby
the law occur. (CMS Estate, Inc., v. SSS, G.R. No.
26298Sep.28,1984)
Q:ArebenefitsreceivedunderSSSLawpartofthe
estateofamember?
A:No.BenefitsreceivableundertheSSSLawarein
thenatureofaspecialprivilegeoranarrangement
secured by the law pursuant to the policy of the
Statetoprovidesocialsecuritytotheworkingman.
The benefits are specifically declared nottransferable andexempt from tax, legalprocesses
and liens.(SSSv.Davac,et.al.,G.R.No.21642,July
30,1966)
Q:Howaredisputessettled?
A:
DISPUTESETTLEMENT
Social
Security
Commission
(SSC)
Disputesinvolving:
1. Coverage
2. Benefits
3. Contributions
4. Penalties
5. Anyother
matter
related
thereto.
Note: Disputes within the mandatory
periodof20daysafterthesubmissionof
evidence.(Sec.5a)
Decision, in the absence of appeal, shall
befinalandexecutory15daysafterdate
ofnotification.(Sec.5b)
CA/SC
DecisionsofSSCshallbeappealableto:
1.CAquestionsoflawandfact(Sec.
5c)
2.SCquestionsoflaw. (Sec.5c)
Execution
ofdecision
SSCmay,motupropriooronmotionof
anyinterested
party,
issue
awrit
of
execution to enforce any of its
decisions or awards, after it has
becomefinalandexecutory.(Sec.5d)
Q:Can theSSCvalidly reevaluate the findingsof
the RTC, and on its own, declare the latters
decisiontobebereftofanybasis?
A: No. It cannot review, much less reverse,
decisionsrenderedbycourtsof lawas itdid inthe
caseatbarwhenitdeclaredthattheCFIOrderwas
obtained through fraud and subsequently
disregardedthesame,makingitsownfindingswith
respectto
the
validity
of
Bailon
and
Alices
marriage
on the one hand and the invalidity of Bailon and
Teresitasmarriageontheother.Ininterferingwith
and passing upon the CFI Order, the SSC virtually
actedasanappellatecourt.The lawdoesnotgive
theSSCunfettereddiscretiontotriflewithordersof
regular courts in the exercise of its authority to
determine the beneficiaries of the SSS. (SSS vs.
Teresita Jarque Vda. De Bailon, G.R. No. 165545,
Mar.24,2006,J.CarpioMorales)
Q:Whoisanemployer(Er)?
A: Any person, natural or juridical, domestic or
foreign,who
carries
into
the
Phils.
any
trade,
business, industry, undertaking or activity of any
kindandusestheservicesofanotherpersonwhois
under his orders as regards the employment,
except the Government and any of its political
subdivisions, branches or instrumentalities,
including corporationsownedor controlledby the
Government: Provided, That a selfemployed
person shallbeboth Ee and Er at the same time.
(Sec8[c])
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USTGOLDENNOTES2011
LABORLAWTEAM:
ADVISER:ATTY.JOEVEND.DELLOSA;SUBJECTHEAD:ANGELOS.DIOKNO;ASST.SUBJECTHEADS:KARENSABUGO,GENESISR.FULGENCIO
MEMBERS:PALMACLARISSAV.CARILLO,RANDOLPHIANCLET,MICHAELAARONP.GACUTAN,LORRAINETAGUIAM108
Q:Whoisanemployee(Ee)?
A:Anypersonwho performs services for an Er in
whicheitherorbothmentalandphysicaleffortsare
used and who receives compensation for such
services, where there is an ErEe relationship:
Provided,That
aself
employed
person
shall
be
both
EeandEratthesametime.(Sec.8[d])
Q:Whatisemployment?
A: GR:AnyserviceperformedbyanEeforhisEr.
XPNs:
1. Employmentpurelycasualandnotforthe
purposeofoccupationorbusinessofthe
Er;
2. Service performed on or in connection
with an alien vessel by an Ee if he is
employedwhensuchvesselisoutsidethe
Phils;
3. Service performed in the employ of the
Phil. Government or instrumentality or
agencythereof;
4. Service performed in the employ of a
foreign government or international
organization, or their whollyowned
instrumentality:
5. Such other services performed by
temporary and other Ees which may be
excludedbyregulationoftheSSC.Eesof
bona fide independent contractors shall
notbedeemedEesoftheErengagingthe
servicesofsaidcontractors.(Sec.8[j])
Q:Whatisacontingency?
A: The retirement, death, disability, injury or
sicknessandmaternityofthemember.
a.Coverage
Q:WhoarecoveredbySSS?
A:
1. CompulsoryCoverage
a. AllEesnotover60yearsofageand
theirErs;
b. Domestichelpers
whose
income
is
not lessthanP1000/monthandnot
over60yearsofageandtheirErs;
Limitations:
a. Any benefit earned by the Ees
under private benefit plans
existing at the time of the
approvaloftheActshallnotbe
discontinued, reduced or
otherwiseimpaired;
b. Existing private plans shall be
integrated with the SSS but if
the Er under such plan is
contributing morethanwhat is
required by this Act, he shall
payto
the
SSS
the
amount
required to him, and he shall
continue with his contributions
lesstheamountpaidtoSSS;
c. Any changes, adjustments,
modifications, eliminations or
improvementsinthebenefitsof
theremainingprivateplanafter
the integration shallbe subject
toagreementsbetween theErs
andtheEesconcerned;and
d. The private benefit plan which
theErshallcontinueforhisEes
shall remain under the Ers
managementand
control
unless
there is an existing agreement
tothecontrary
c. All selfemployed consideredboth
anErandEe
d. Professionals;
e. Partners and single proprietors of
business;
f. Actors and actresses, directors,
scriptwriters and news
correspondents who do not fall
within the definition of the term
Ee;
g. Professional athletes, coaches,
trainersand
jockeys;
AND
h. Individual farmers and fisherman.
(Sec.9)
2. Voluntary
a. Spouses who devote full time to
managing the household and family
affairs,unless theyarealsoengaged
in other vocation or employment
which is subject to mandatory
coverage;(Sec.9[b])
b. Filipinos recruited by foreignbased
Ers for employment abroadmay be
covered by the SSS on a voluntary
basis;(Sec.
9[c])
c. Ee separated from employment to
maintainhisrighttofullbenefits
d. Selfemployed who realizes no
incomeforacertainmonth
3. ByAgreement
Any foreign government, international
organization, or their whollyowned
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SOCIALLEGISLATION
109
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATION ANDFINANCE:JEANELLEC. LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
instrumentalityemployingworkers inthe
Phils.,mayenter intoanagreementwith
thePhil.government for the inclusionof
suchEes in theSSSexcept thosealready
covered by their respective civil service
retirementsystems.
Q:When
is
the
compulsory
coverage
deemed
effective?
A:
1. Employeronthefirstdayofoperation
2. Employeeonthedayofhisemployment
3. Compulsory coverage of selfemployed
uponhisregistrationwiththeSSS
Q:Whatistheeffectofseparationofanemployee
fromhisemploymentundercompulsorycoverage?
A:
1. His Ers obligation to contribute arising
fromthat
employment
shall
cease
at
the
endofthemonthofseparation,
2. But said Ee shall be credited with all
contributions paid on his behalf and
entitled to benefits according to the
provisionsofR.A.9282.
3. He may, however, continue to pay the
totalcontributionstomaintainhisrightto
fullbenefit.(Sec.11)
Note: The above provision recognizes the once a
member,alwaysamemberrule.
Q:Whatistheeffectofinterruptionofbusinessor
professionalincome?
A:Iftheselfemployedmemberrealizesnoincome
inanygivenmonth:
1. He shall not be required to pay
contributionsforthatmonth.
2. Hemay,however,beallowedtocontinue
payingcontributionsunderthesamerules
andregulationsapplicabletoaseparated
Eemember:
3. Provided, thatno retroactivepaymentof
contributionsshallbeallowedotherthan
asprescribedunderSec.22A.(Sec.11A)
Q: On her way home from work, Asteria
Benedicta, amachine operator in a sash factory,
entersamoviehousetorelax.Butshe isstabbed
by an unknown assailant. Her claim for benefits
under the SSS Law is denied on the ground that
her injury is not workconnected. Is the denial
legal?Why?
A: No. It is not necessary, for the enjoyment of
benefitsundertheSSSLawthatthe injury iswork
connected. Whatisimportantismembershipinthe
SSS andnot the causal connection of theworkof
theEetohisinjuryorsickness.
Claims based on workconnected injuries or
occupationaldiseases
are
covered
by
the
State
InsuranceFund.
b.Exclusionsfromcoverage
Q:Enumeratethekindsofemploymentwhichare
exceptedfromcompulsorycoverageundertheSSS
Law.
A:UnderSection8(j)ofR.A.1161,asamended,the
following services or employments are excepted
fromcoverage:
1. Employmentpurelycasualandnotforthe
purposeof
occupation
or
business
of
the
employer;
2. Service performed on or in connection
withanalienvesselbyanemployee ifhe
isemployedwhen such vessel isoutside
thePhilippines;
3. Service performed in the employ of the
PhilippineGovernmentor instrumentality
oragencythereof;
4. Service performed in the employ of a
foreign government or international
organization,
or
their
whollyowned
instrumentality:
Provided, however,That this exemption
notwithstanding,anyforeigngovernment,
internationalorganizationortheirwholly
owned instrumentality employing
workers in the Philippines or employing
Filipinos outside of the Philippines, may
enter into an agreement with the
Philippine Government for the inclusion
ofsuchemployeesintheSSSexceptthose
already covered by their respective civil
service retirement systems:Provided,
further,That
the
terms
of
such
agreement
shall conformwith theprovisionsof this
Actoncoverageandamountofpayment
of contributions and benefits:Provided,
finally,ThattheprovisionsofthisActshall
besupplementarytoanysuchagreement;
and
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USTGOLDENNOTES2011
LABORLAWTEAM:
ADVISER:ATTY.JOEVEND.DELLOSA;SUBJECTHEAD:ANGELOS.DIOKNO;ASST.SUBJECTHEADS:KARENSABUGO,GENESISR.FULGENCIO
MEMBERS:PALMACLARISSAV.CARILLO,RANDOLPHIANCLET,MICHAELAARONP.GACUTAN,LORRAINETAGUIAM110
5. Such other services performed by
temporary and other employees which
may be excluded by regulation of the
Commission. Employees ofbona
fideindependentcontractorsshallnotbe
deemed employees of the employer
engagingtheserviceofsaidcontractors.
c.Benefits
Q:WhatarethebenefitsundertheSSSAct?
A:
1. MonthlyPension
2. RetirementBenefits
3. DeathBenefits
4. DisabilityBenefits
5. FuneralBenefits
6. SicknessBenefits
7. MaternityBenefits
Q:Are
the
benefits
provided
for
in
the
SSS
Law
transferable?
A: Benefits provided for in the SSS Law are not
transferable and no power of attorney or other
document executed by those entitled thereto in
favorofanyagent,attorneyoranyotherpersonfor
the collection thereof on their behalf shall be
recognized,exceptwhentheyarephysicallyunable
to collect personally such benefits. (Sec.15, R.A.
1161,asamended)
Q:WhatarethereportorialrequirementsoftheEr
andselfemployed?
A:
1. Er Report immediately to SSS thenames,
ages, civil status, occupations, salaries and
dependentsofallhiscoveredEes
2. Selfemployed ReporttoSSSwithin30days
fromthefirstdayofhisoperation,hisname,
age, civil status, occupation, average
monthlynetincomeandhisdependents
MonthlyPension
Q:Howmuchisthemonthlypension?
A:
1. Themonthlypensionshallbethehighest
ofthefollowingamounts:
a. Thesumofthefollowing:
ii. P300.00;plus
iii. 20% of the average monthly
salarycredit;plus
iv. 2% of the average monthly
salary credit for each credited
year of service in excess of 10
years;or
b. 40% of the average monthly salary
credit;or
c. P1,000.00, provided that the
monthlypension
shall
in
no
case
be
paidforanaggregateamountofless
thansixty(60)months(Sec.12[a])
2. MinimumPension
a. P1,200.00 members with at least
10creditedyearsofservice
b. P2,400.00forthosewith20credited
yearsofservice.(Sec.[b])
Q: Whatwillhappentothemonthlypensionofa
retireeincaseofdeath?
A:
1. Upon the death of the retired member,
hisprimary
beneficiaries
as
of
the
date
of
his retirement will get 100% of his
monthly pension plus the dependent's
pensionforeachchild.
Note: The above phrase primary
beneficiaries (as of the date of his
retirement) was declared unconstitutional
bytheSCinDycaicov.SSSandSSC(G.R.No.
16137, June 6, 2006) because it is in
violation of the equal protection, due
processandsocialjustice.
2. Ifhedieswithin60monthsfromthestart
ofhis
pension
and
he
has
no
primary
beneficiaries, his secondary beneficiaries
willreceivealumpsumbenefitequivalent
to thedifferenceof60multipliedby the
monthly pension and the total monthly
pensions paid by the SSS excluding the
dependent'spension.(Sec.12B[d])
Q: Bonifacio and Elena are living together as
husband and wife without the benefit of
marriage. Bonifacio declared Elena and their
children as his primary beneficiaries in his self
employeddatarecord inSSS.A fewmonthsprior
to his death, Bonifacio married Elena.Is Elena
entitledto
the
survivors
pension?
A: Yes, she is considered primary beneficiary of
Bonifacio. The phrase Upon the death of the
retiredmember,hisprimarybeneficiariesasofthe
dateofhis retirementwill get100per centofhis
monthlypensionxxxofSec.12BdofRA8282 is
unconstitutional because it violates the: (1) equal
protection clause because it impermissibly
discriminates against dependent spouses whose
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SOCIALLEGISLATION
111
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATION ANDFINANCE:JEANELLEC. LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
respective marriages to the SSS members were
contracted after the latters retirement; (2) due
process clause because it outrightly deprives
spouseswhomarried theSSSmembersafter their
retirement of the survivors pension, a property
interest, without giving them opportunity to be
heard;and(3)socialjustice.
Further, the survivorship pension applied for was
classifiedasdeathbenefits.Hence,thecontingency
that gives rise to the entitlement of Elena is the
deathofBonifacioandnothisretirement.(Dycaico
v.SSS,G.R.No.16137,June6,2006)
Q:When isthemonthlypensionanddependents
pensionsuspended?
A:
1. Uponthereemploymentorresumptionof
selfemployment
2. Recovery of the disabled member from
hispermanent
total
disability
3. Failuretopresenthimselfforexamination
at least once a year upon notice by the
SSS.(Sec.13A[b])RetirementBenefit
Q:Whatisaretirementbenefit?
A:Itisacashbenefitpaidtoamemberwhocanno
longerworkduetooldage.
Q:Whatarethetypesofretirementbenefits?
A:
1. Monthly Pension Lifetime cash benefit
paidtoaretireewhohaspaidatleast120
monthlycontributionsto theSSSpriorto
thesemesterofretirement.
2. LumpSumAmount Grantedtoaretiree
who has not paid the required 120
monthlycontributions.
Q:Whoareentitledforretirementbenefits?
A:
1. Amemberwho
a. has paid at least 120 monthly
contributionsprior
to
the
semester
of
retirement;
b. atleast60yearsold;and
c. already separated from employment
orhasceasedtobeselfemployed,OR
2. At least65yearsold,shallbeentitledfor
as long as he lives to the monthly
pension;(Sec12B[a])
3. Amember
a. At least 60 years old at retirement;
and
b. Doesnotqualifyforpensionbenefits
underparagraph(a)above entitled
to a lump sumbenefitequal to the
totalcontributions
paid
by
him
and
onhisbehalf;
c. Must be separated fromemployment and is not continuing
paymentofcontributions to theSSS
onhisown.(Sec.12B[b])
Q:Whathappenswhen the retirementpensioner
isreemployedorresumesselfemployment?
A: Themonthlypensionofaretirementpensioner
whoresumesemploymentandislessthan65years
oldwillbe suspended.HeandhisErwillagainbe
subjecttocompulsorycoverage.(Sec.12B[c])
Q: Are thechildrenofaretireememberentitled
tothedependent'spension?
A: Yes(Sec.12[A]).However,only5minorchildren,
beginning from the youngest, are entitled to the
dependents' pension. No substitution is allowed.
Where there are more than 5 legitimate and
illegitimate children, the legitimate ones will be
preferred.
Q: Forhow longwillthedependentchildreceive
thepension?
A:
Untilthe
child
reaches
21
years
of
age,
gets
married,getsemployedandearnsP300amonthor
more,ordies.
However, the dependent's pension is granted for
lifetochildrenwhoareover21yearsold,provided
theyareincapacitatedandincapableofselfsupport
duetophysicalormentaldefectwhichiscongenital
oracquiredduringminority.
DeathBenefit
Q: When is a beneficiary entitled to death
benefits?
A:
1. Upondeathofamember,ifhehaspaidat
least 36 monthly contributions prior to
thesemesterofdeath:
a. primary beneficiaries shall be
entitledtothemonthlypension;or
b. Iftherearenoprimarybeneficiaries,
secondary beneficiaries shall be
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USTGOLDENNOTES2011
LABORLAWTEAM:
ADVISER:ATTY.JOEVEND.DELLOSA;SUBJECTHEAD:ANGELOS.DIOKNO;ASST.SUBJECTHEADS:KARENSABUGO,GENESISR.FULGENCIO
MEMBERS:PALMACLARISSAV.CARILLO,RANDOLPHIANCLET,MICHAELAARONP.GACUTAN,LORRAINETAGUIAM112
entitled to a lump sum benefit
equivalent to 36 times themonthly
pension.
2. Upon death of a member If he has not
paid the required 36 monthly
contributions prior to the semester of
death:
a. Primaryor
secondary
beneficiaries
shall be entitled to a lump sum
benefit equivalent to the monthly
pensionmultipliedbythenumberof
monthly contributions paid to the
SSS:or
b. 12 times the monthly pension,
whicheverishigher.(Sec.13)
DisabilityBenefit
Q: Whatisadisabilitybenefit?
A: It is a cash benefit paid to a member who
becomespermanently
disabled,
either
partially
or
totally.
Q:What isthedifferencebetweendeathbenefits
andPermanentTotalDisabilitybenefits?
A:
DeathBenefits PTDBenefits
Requisite
atleast36monthlycontributions
BenefitspayabletowhomPrimaryBeneficiaries Member
Failuretomake36monthlypaymentsBenefitsshallbeinlumpsumequivalenttothe
monthlypensiontimesthenumberofmonthly
contributionspaidtoSSSor12timesthemonthly
pension,whicheverishigher.
Q: What is the effect of the death of the PTD
pensioner?
A:
1. Primary beneficiaries are entitled to
receivemonthlypensionasofthedateof
disability.
2. No primary beneficiaries and he dies
within60
months
from
the
start
of
his
monthlypension secondarybeneficiaries
shall be entitled to a lump sum benefit
equivalent to the totalmonthlypensions
corresponding to the balance of the 5
year guaranteed period excluding the
dependentspension.(Sec.13A[c])
Q: What is the effect of retirement or death to
partialdisabilitypension?
A: Disability pension shall cease upon his
retirementordeath.(Sec13A[j])
FuneralBenefit
Q:Whatisthefuneralbenefit?
A:AfuneralgrantequivalenttoP12,000.00shallbe
paid, incashor inkind, tohelpdefray the costof
expensesupon thedeathof amemberor retiree.
(Sec.13B)
SicknessBenefit
Q: Whatissicknessbenefit?
A: It isadailycashallowancepaidforthenumber
ofdaysamemberisunabletoworkduetosickness
orinjury.
Q:What
are
the
requirements
to
be
entitled
for
sicknessbenefit?A:
1. The member paid at least 3 monthly
contributions in the 12month period
immediately preceding the semester of
sicknessorinjury
2. Confined for more than 3 days in a
hospital or elsewhere with the approval
oftheSSS
3. He has used all current company sick
leaveswithpayforthecurrentyear
4. Notified his Er or the SSS, if he is a
separated,voluntary
or
self
employed
member
Q:Whowillpaysicknessbenefits?andhowmuch
isthebenefit?
A:TheErshallpaythe:
1. Eeforeachcompensableconfinementor
fractionthereofor
2. SSS if member is selfemployed daily
sicknessbenefitequivalent to90%ofhis
averagedailysalarycredit,subjecttothe
followingconditions:
a. Inno
case
shall
the
daily
sickness
benefitbepaidlongerthan120days
in 1 calendar year, nor shall any
unused portion of the 120 days of
sickness benefit granted be carried
forward and added to the total
number of compensable days
allowableinthesubsequentyear;
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SOCIALLEGISLATION
113
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATION ANDFINANCE:JEANELLEC. LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
b. Not paidformorethan240dayson
account of the same confinement;
and
c. Eemember shallnotifyhisErof the
factofhissicknessor injurywithin5
calendar days after the start of his
confinement unless such
confinement:
i. isinahospital
ii. the Ee became sick or was
injured while working or
withinthepremisesoftheEr
(notification to the Er not
necessary);
3. If the member is unemployed or self
employed,heshalldirectlynotifytheSSS
ofhisconfinementwithin5calendardays
after the start thereof unless such
confinementisinahospitalinwhichcase
notificationisalsonotnecessary;
4. Where notification is necessary,
confinement shall be deemed to have
started not earlier than the 5th day
immediately preceding the date of
notification.(Sec.14[b])
Note:The lawdoesnotrequirethatsicknessmustbe
relatedtothedutiesofthebeneficiaries.
Q: When will compensable confinement
commence?
A:
1. Beginson
the
1st
day
of
sickness
2. Payment of such allowances shall be
promptlymadebytheEr:
a. every regularpaydayoron the 15th
andlastdayofeachmonth,
b. incaseofdirectpaymentbytheSSS
as long as such allowances are due
andpayable.(Sec.14[b])
Q:WhataretherequirementsinorderthatErmay
claimreimbursementofthesicknessbenefit?
A:
1. 100% of daily benefits shall be
reimbursed
by
SSS
if
the
following
requirementsaresatisfied:
a. Receipt of SSS of satisfactory proof
ofsuchpaymentandlegalitythereof:
b. The Er has notified the SSS of the
confinementwithin 5 calendar days
afterreceiptofthenotificationfrom
theEemember:
2. Er shallbe reimbursedonly foreachday
of confinement starting from the 10th
calendar day immediately preceding the
date of notification to the SSS if the
notification to theSSS ismadebeyond5
calendar days after receipt of the
notificationfromtheEemember.(Sec.14
[c])
Q:WhenwillreimbursementbemadebySSS?
A:GR: SSS shall reimburse the Er or pay the
unemployed member only for confinement
within1yearimmediatelyprecedingthedatethe
claimforbenefitorreimbursementisreceivedby
theSSS
XPN:Confinementinahospitalinwhichcasethe
claimforbenefitorreimbursementmustbefiled
within1year from the lastdayof confinement.
(Sec.14[c])
MaternityBenefit
Q:Whatisthematernitybenefit?
A: Thematernitybenefit isadaily cashallowance
granted to a female member who was unable to
workduetochildbirthormiscarriage.
Q:Whatare thequalifications forentitlement to
thematernitybenefit?
A:
1. She has paid at least three monthly
contributionswithin
the
12
month
period
immediately preceding the semester of
herchildbirthormiscarriage.
2. Shehasgiventherequirednotificationof
her pregnancy through her employer if
employed, or to the SSS if separated,
voluntaryorselfemployedmember.
Q:Isthevoluntaryorselfemployedmemberalso
entitledtothematernitybenefit?
A: Yes,Avoluntaryor a selfemployedmember is
entitledtothematernitybenefitprovidedthatshe
meetsthequalifyingconditions.
Q:Howmuchisthematernitybenefit?
A: The maternity benefit is equivalent to 100 per
cent of the members average daily salary credit
multiplied by 60 days for normal delivery or
miscarriage,78daysforcaesareansectiondelivery.
Q:Howisthematernitybenefitcomputed?
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LABORLAWTEAM:
ADVISER:ATTY.JOEVEND.DELLOSA;SUBJECTHEAD:ANGELOS.DIOKNO;ASST.SUBJECTHEADS:KARENSABUGO,GENESISR.FULGENCIO
MEMBERS:PALMACLARISSAV.CARILLO,RANDOLPHIANCLET,MICHAELAARONP.GACUTAN,LORRAINETAGUIAM114
A:
1. Exclude the semester of contingency
(deliveryormiscarriage).
Note: Semester refers to two consecutive
quarters ending in the quarter of
contingency.Quarter
refers
to
three
consecutive months ending March, June,
SeptemberorDecember.
2. Count12monthsbackwardsstartingfrom
the month immediately before the
semesterofcontingency.
3. Identify the six highest monthly salary
creditswithinthe12monthperiod.
Note: Monthly salary credit means the
compensation base for contributions
benefitsrelatedtothetotalearningsforthe
month.
4. Addthesixhighestmonthlysalarycredits
togetthetotalmonthlysalarycredit.
5. Divide the totalmonthly salary creditby
180 days to get the average daily salary
credit. This is equivalent to the daily
maternityallowance.
6. Multiplythedailymaternityallowanceby
60(fornormaldeliveryormiscarriage)or
78days(forcaesareansectiondelivery)to
getthetotalamountofmaternitybenefit.
Q:Whatisthedifferenceofcompensabilityunder
theLaborLawandtheSocialSecurityLaw?
A: The claims are different as to their nature and
purpose. (Ortega vs. Social Security Commission,
G.R.No.176150,June25,2008)
LABORLAW SOCIALSECURITYLAW
PurposeGoverns compensability
of:
1. workrelated
disabilities
2.
when
there
is
loss
of income due to
workconnected
or work
aggravated injury
orillness.
Benefits are intended to
provide insurance or
protection against the
hazards or risks of
disability,
sickness,
old
age or death, inter alia,
irrespective of whether
theyarosefromorinthe
course of the
employment.
Nature
A disability is total and
permanentifasaresultof
the injuryor sickness the
Ee is unable to perform
Disability may be
permanent total or
permanentpartial.
anygainfuloccupationfor
a continuous period
exceeding 120 days
regardless ofwhether he
losestheuseofanyofhis
bodyparts.
d.Beneficiaries
Q:Whoareprimarybeneficiaries?
A:
1. The dependent spouse until he or she
remarries
2. Thedependent legitimate, legitimatedor
legallyadopted,andillegitimatechildren,:
Provided,Thatthedependent illegitimate
children shall be entitled to 50% of the
share of the legitimate, legitimated or
legallyadoptedchildren.
Q:Whoaresecondarybeneficiaries?
A: In the absence of primary beneficiaries, the
dependentparents.
In the absence of all the foregoing, any other
person designated by the member as his or her
secondarybeneficiary.(Sec.8[k])
Q:Whoareconsidereddependents?
A:
1. The legal spouse entitled by law to
receivesupport
from
the
member;
2. The legitimate, legitimated, or legally
adopted,andillegitimatechildwho:
a. Isunmarried,
b. Notgainfullyemployed,and
c. Hasnotreached21yearsofage,orif
over 21 years of age, he is
congenitallyorwhilestillaminorhas
beenpermanently incapacitatedand
incapable of selfsupport, physically
ormentally.
3. The parent who is receiving regular
supportfromthemember.
Q:What
is
meant
by
dependent
for
support?
A: The entitlement to benefits as a primary
beneficiary requires not only legitimacy but also
dependenceupon themember Ee. (Gil v. SSCCA
GRSP.37150,May8,1996)
Ifawifewhoisalreadyseparateddefactofromher
husband cannot be said to be "dependent for
support"uponthehusband,absentanyshowingto
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SOCIALLEGISLATION
115
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATION ANDFINANCE:JEANELLEC. LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
the contrary. Conversely, if it is proved that the
husband andwifewere still living together at the
timeofhisdeath,itwouldbesafetopresumethat
she was dependent on the husband for support,
unless it is shown that she iscapableofproviding
forherself.(SSSv.Aguas,G.R.No.165546,Feb.27,
2006)
Q: Who is entitled to the benefits of an SSS
memberwhowas survived not only by his legal
wife,whoisnotdependentuponthemember,but
alsobytwocommonlawwiveswithwhomhehad
illegitimateminorchildren?
A:The illegitimateminorchildren shallbeentitled
to the death benefits as primary beneficiaries
because the legalwife isnotdependentupon the
member.TheSSSLawisclearthatforaminorchild
toqualifyasadependent theonlyrequirements
are thathe/shemustbebelow21yrs.ofage,not
marriednorgainfullyemployed.(Signeyv.SSS,G.R.
No.173582,
Jan.28,
2008)
Q:Whatiscompensation?
A: All actual remuneration for employment,
includingthemandatedcostof livingallowance,as
wellasthecashvalueofanyremunerationpaid in
anymediumotherthancashexceptthatpartofthe
remunerationreceivedduring themonth inexcess
ofthemaximumsalary.
Q: The owners of FALCON Factory, a company
engaged in the assembling of automotive
components, decided to have their building
renovated.(50)
persons,
composed
of
engineers, architects and other construction
workers, were hired by the company for this
purpose. The work was estimated to be
completed in 3 years. The Ees contended that
since theworkwould be completed aftermore
than1year,theyshouldbesubjecttocompulsory
coverage under the Social Security Law.Do you
agreewiththeircontention?Explainyouranswer
fully.
A: No.Under Sec. 8 (j) of R.A. 1161, as amended,
employment of purely casual and not for the
purpose of the occupation or business of the
employerare
excepted
from
compulsory
coverage.
An employment ispurely casual if it isnot for the
purposeofoccupationorbusinessoftheEr.
In theproblem given, Falcon Factory is a company
engaged in the assembly of automotive
components. The 50 persons (engineers, architects
and construction workers) were hired by Falcon
Factory to renovate its building. The work to be
performedby these50people isnot inconnection
with the purpose of the business of the factory.
Hence, the employment of these 50 persons is
purely casual. They are, therefore, excepted from
thecompulsorycoverageof theSSS law. (2000Bar
Question)
2.GSIS
(R.A.8291)
Q:What are thepurposes behind theenactment
oftheGSISAct?
A: To provide and administer the following social
securitybenefitsforgovernmentemployees(Ee):
1. Compulsorylifeinsurance
2. Optionallifeinsurance
3. Retirementbenefits
4. Disability benefits to workrelated
contingencies;and
5. Deathbenefits
Q: Whoareconsideredemployers (Er)underthe
GSISAct?
A:
1. NationalGovernment
2. Its political subdivisions, branches,
agencies,instrumentalities
3. GOCCs, and financial institutions with
originalcharters
4. Constitutional Commissions and the
Judiciary(Sec.2[c])
Q:Can
SSS
Ees
be
covered
by
GSIS?
A:Yes.
Q:WhoisanEmployeeormember?
A: Anyperson,receivingcompensationwhileinthe
service of an Er, whether by election or
appointment,irrespectiveofstatusofappointment,
including barangay and sanggunian officials. (Sec.
2[d])
Q:Whatiscompensation?
A:
Thebasic
pay
or
salary
received
by
an
Ee,
pursuant to his or her election or appointment,
excluding per diems, bonuses, OT pay, honoraria,
allowancesandanyotheremoluments received in
addition to thebasicpaywhicharenot integrated
intothebasicpayunderexistinglaws.(Sec.2[i])
Q: Baradero is a member of the SangguniangBayanoftheMunicipalityofLaCastellana,Negros
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LABORLAWTEAM:
ADVISER:ATTY.JOEVEND.DELLOSA;SUBJECTHEAD:ANGELOS.DIOKNO;ASST.SUBJECTHEADS:KARENSABUGO,GENESISR.FULGENCIO
MEMBERS:PALMACLARISSAV.CARILLO,RANDOLPHIANCLET,MICHAELAARONP.GACUTAN,LORRAINETAGUIAM116
Occ.and ispaidonaperdiembasis.Ontheotherhand, Belo a ViceGovernor of Capiz is in a hold
overcapacityand ispaidonaperdiembasis.Aretheservices renderedbyBaraderoandBeloona
perdiembasiscreditable incomputingthe lengthofserviceforretirementpurposes?
A:Yes.
The
traditional
meaning
of
per
diem
is
a
reimbursement forextraexpenses incurredby the
public official in the performance of his duties.
Under this definition the per diem is intended to
coverthecostoflodgingandsubsistenceofofficers
and employees when the latter are on a duty
outside of their permanent station. On the other
hand, a per diem could rightfully be considered a
compensation or remuneration attached to an
office.
Theperdiemspaid toBaradero andBelowere in
the nature of compensation or remuneration for
their services as Sangguniang Bayan and Vice
Governor,
respectively,
rather
than
a
reimbursement for incidental expenses incurred
whileawayfromtheirhomebase.
If the remuneration receivedbyapublicofficial in
theperformanceofhisdutiesdoesnotconstitutea
mere allowance forexpensesbut appears tobe
hisactualbasepay,thennoamountofcategorizing
the salary as a per diem would take the
allowances received from the term service with
compensation for the purpose of computing the
numberofyearsofservice ingovernment.(GSISv.
CSC,G.R.Nos.98395and102449,June19,1995)
Q:What
are
the
sources
of
funds
of
the
GSIS?
A: Itcomes from themonthlycontributionsof the
coveredEesandErs.(Sec.5)
The contributions of the Ees are deducted and
withheld by the Er eachmonth from themonthly
salaryoftheformerandareremittedbythelatter,
togetherwith itsown share, to the Systemwithin
the first10daysofeachcalendarmonth following
themonthtowhichthecontributionsapply.(Sec.6)
Q: What is the penalty in case of delayed
remittanceornonremittanceofcontributions?
A: The unremitted contributions shall be charged
interests as prescribed by the GSIS Board of
Trustees but shall not be less than 2% simple
interest per month from due date to the date of
paymentbytheemployersconcerned.
a.Coverage
Q:WhatgovernmentEesaresubject tocoverage
undertheGSIS?
A:
GR: All Ees receiving compensation who have
notreached
the
compulsory
retirement
age,
irrespectiveofemploymentstatus.
XPNs:
1. Uniformedmembersofthe:
a. AFP;and
b. PNP.
2. Contractuals who have no Er and Ee
relationshipwiththeagenciestheyserve.
Q:Whoare coveredby life insurance, retirement
andothersocialsecurityprotection?
A:
GR:All
members
of
the
GSIS
shall
have
life
insurance, retirement, and all other social
security protections such as disability,
survivorship, separation, and unemployment
benefits.(Sec.3)
XPNs:Membersof:
1. Thejudiciary;and
2. Constitutional commissions who shall
havelifeinsuranceonly.
b.Exclusionsfromcoverage
Q: Who, under theGSIS, areexcluded from the
coverage?
A:
1. Ees who have separate retirement
schemes (members of the Judiciary,
Constitutional Commissions and others
similarlysituated)
2. Contractual Eeswho have no ErEewith
theagenciestheyserve
3. Uniformed members of the AFP, BJMP,
whose coverage by the GSIS has ceased
effectiveJune24,1997
4. Uniformed members of the PNP whose
coveragebytheGSIShasceasedeffective
February1,
1996.
(Sec.
2.4,
Rule
II,
IRR)
Q:Forthepurposeofbenefitentitlement,howare
themembersclassified?
A:
1. Activemembers
a. Still in the service and are paying
integratedpremiums.
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SOCIALLEGISLATION
117
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATION ANDFINANCE:JEANELLEC. LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
b. Covered for the entire package
benefits and privileges being
extendedbyGSIS.
2. Policyholders
a. Coveredforlifeinsuranceonly
b. Canavailofpolicyloanprivilegeonly
c. Mayalso
apply
for
housing
loans
d. Judiciary and Constitutional
Commissions
3. RetiredMembers
a. Former active members who have
retired from the service and are
already enjoying the corresponding
retirementbenefitsappliedfor
b. Not entitled to any loan privilege,
exceptstockpurchaseloan(Sec.2.2,
RulesII,IRR)
c.Benefits
Q: What are the benefits provided by the GSIS
Act?
A:
1. Separation
2. Unemploymentorinvoluntaryseparation
3. Retirement
4. Permanentdisability
5. Temporarydisability
6. Survivorship
7. Funeral
8. LifeInsurance
9. Such other benefits and protection as
maybe
extended
to
them
by
the
GSIS
suchasloans.
Q:WhatarethebenefitsunderP.D.1146(Revised
GSIS Act of 1977) that may be granted to the
separatedmembersofthePNP,BJMPandBFP?
A:GR:
1. Oldagebenefit
2. Permanentdisabilitybenefit
3. Survivorshipbenefit
4. Funeralbenefit
5. Retirementbenefit
XPN:Judiciary
(Life
insurance
only
tax
exempt)
Q: What are the reportorial requirements of the
Er?
A: Ermust report toGSIS thenames,employment
status,positions,salariesoftheemployeeandsuch
othermatterasdeterminedbytheGSIS.
SeparationBenefits
Q:Whenwillamemberbeentitled toseparation
benefits and what comprises these separation
benefits?
A: Amemberwhohas renderedaminimumof3
years
creditable
service
shall
be
entitled
to
separation benefit upon resignation or separation
underthefollowingterms:
1. Amemberwith at least 3 years but less
than 15 years: Cash payment equivalent
to 100% of the AMC for every year of
service the member has paid
contributions:
a. notlessthanP12,000.00
b. Payable upon reaching 60 years of
age or upon separation, whichever
comeslater.
2. Amember
with
less
than
15
years
of
service and less than 60 years of age at
thetimeofresignationorseparation:
a. Cashpaymentequivalentto18times
the basic monthly pension (BMP),
payableatthetimeofresignationor
separation
b. Anoldagepensionbenefitequal to
the basic monthly pension, payable
monthly for life upon reaching the
ageof60.
Q: Whataretheeffectsofseparationfromservice
withregardtomembership?
A: A member separated from the service shall
continue tobeamember and shallbeentitled to
whateverbenefitshehasqualifiedto.
Note: A member separated for a valid cause shall
automatically forfeithisbenefits,unless the termsof
resignationorseparationprovideotherwise.
Inthecaseofforfeiture,theseparatedemployeeshall
be entitled to receive only of the cash surrender
valueofhisinsurance.
UnemploymentBenefits
Q: What are the conditions for entitlement to
unemploymentbenefits?
A:
1. The recipient must be a permanent
employeeatthetimeofseparation;
2. Hisseparationwasinvoluntaryduetothe
abolitionofhisofficeorpositionresulting
fromreorganization;and
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LABORLAWTEAM:
ADVISER:ATTY.JOEVEND.DELLOSA;SUBJECTHEAD:ANGELOS.DIOKNO;ASST.SUBJECTHEADS:KARENSABUGO,GENESISR.FULGENCIO
MEMBERS:PALMACLARISSAV.CARILLO,RANDOLPHIANCLET,MICHAELAARONP.GACUTAN,LORRAINETAGUIAM118
3. He has been paying the contribution for
atleast1yearpriortoseparation.
Q: Whatwillconsistofanunemploymentbenefit?
A: It will consists of cash payment equivalent to
50%oftheaveragemonthlycompensation
Note:Amemberwhohasrenderedatleast15yearsof
servicewillbeentitled to separationbenefits instead
ofunemployment benefits.
RetirementBenefits
Q: Whataretheconditionsinordertobeentitled
toretirementbenefits?
A:
1. Amemberhasrenderedatleast15years
ofservice;
2. He isat least60yearsofageatthetime
ofretirement;
and
3. He is not receiving a monthly pension
benefit from permanent total disability.
(Sec.13A)
Q:What istherule incaseofextensionofservice
inordertobeentitledforretirementbenefit?
A:ThedoctrineinCenavs.CSC(G.R.No.97419,July
3,1992),wasmodified inRaborvs.CSC, (G.R.No.
111812,May31,1995),wheretheSCheldthat:The
head of the government agency concerned is
vested with discretionary authority to allow or
disallowextensionoftheserviceofanofficialorEe
whohas
reached
65
years
old
without
completing
the15yearsofgovernmentservice. However,this
discretion is to be exercise conformably with the
provisions of Civil Service Memorandum Circular
No. 27, series of 1990 which provides that the
extensionshallnotexceed1year.
Q:Whatisthereasonforcompulsoryretirement?
A: The compulsory retirement of government
officialsandEesupon their reaching theageof65
yearsisfoundedonpublicpolicywhichaimsbyitto
maintainefficiency in the government service and
atthesametimegivetotheretiringpublicservants
theopportunity
to
enjoy
during
the
remainder
of
their lives the recompense, for their long service
anddevotionto thegovernment , intheformofa
comparatively easier life, freed from the rigors of
civil service discipline and the exacting demands
that the nature of their work and their relations
with their superiors as well as the public would
impose upon them. (Beronilla v. GSIS, G.R. No.
21723,Nov.26,1970)
Q: Whataretheoptionsoftheretireewithregard
tohisorherretirementbenefits?
A: Theretireemaygeteitherofthefollowing:
1. Lumpsumequivalent to6monthsofthe
basic monthly pension (BMP) payable at
thetime
of
retirement
and
an
old
age
pensionbenefitequaltoBMPpayablefor
life,startingupon theexpirationof the5
yearscoveredbythelumpsum;or
2. Cashpaymentequivalent to18 timeshis
BMPandmonthlypensionforlifepayable
immediately.(Sec.13[a])
PermanentDisabilityBenefits
Q:Whatisdisability?
A:Any lossor impairmentof thenormal functions
ofthephysicaland/ormentalfacultyofamember,
whichreduces
or
eliminates
his/her
capacity
to
continuewithhis/hercurrentgainfuloccupationor
engageinanyothergainfuloccupation.
Q:Whatistotaldisability?
A: Complete incapacity to continue with present
employment or engage in any gainful occupation
due to the loss or impairment of the normal
functionsofthephysicaland/ormentalfacultiesof
themember.
Q:Whatispermanenttotaldisability(PTD)?
A:
Accrues
or
arises
when
recovery
from
impairment mentioned in Sec.2(q) (defining
disability)ismedicallyremote.
Q:Whatispermanentpartialdisability(PPD)?
A: Accrues or arises upon the irrevocable loss or
impairment of certain portions of the physical
faculties, despite which the member is able to
pursueagainfuloccupation.
Q:Whataretheconditionsinordertobeentitled
forpermanentdisabilitybenefits?
A:The
permanent
disability
was
not
due
to
any
of
theff:
1. Gravemisconduct
2. Notoriousnegligence
3. Habitualintoxication
4. Willfulintentiontokillhimselforanother
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SOCIALLEGISLATION
119
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATION ANDFINANCE:JEANELLEC. LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
Q: What are the two types of permanent
disability?
A:
1. Permanenttotaldisability(PTD) accrues
orariseswhenrecovery fromany lossor
impairment of the normal functions of
thephysical
and/or
mental
faculty
of
a
memberwhich reducesoreliminateshis
capacity to continue with his current
gainfuloccupationorengageinanyother
gainful occupation is medically remote.
[Section2(q)and(s)]
2. Permanent partial disability (PPD)
accrues or arises upon the irrevocable
lossorimpairmentofcertainportion/sof
the physical faculties, despite which the
member is able to pursue a gainful
occupation.(Sec.2[u])
PTD
PPD
Causes1. Completelossofsight
ofbotheyes
2. Lossof2limbsator
abovetheankleor
wrist
3. Permanentcomplete
paralysisof2limbs
4. Braininjuryresulting
inincurableimbecility
orinsanity
5. Suchothercasesas
maybedetermined
by
the
GSIS
Complete and
permanent loss of the
useof:
1.Anyfinger
2.Anytoe
3.Onearm
4.Onehand
5.Onefoot
6.Oneleg
7.Oneorbothears
8.Hearingofoneorboth
ears
9.Sightofoneeye
Such other causes as
determined byGSIS
Benefits1.Amemberisentitledto
the monthly income
benefit for life equivalent
totheBMPwhen:
a. Heisintheservice
at the timeof the
disabilityor
b. If separated from
service
c. He
has
paid
at
least 36 monthly
contributions
within 5 years
immediately
preceding his
disability
d. Hehaspaidatotal
of at least 180
monthly
Amember is entitled to
cash payment in
accordance with the
scheduleofdisabilitiesto
beprescribedbyGSIS, if
he satisfies the given
conditions of either (1)
or(2)ofSec.16(a).
contribution prior
hisdisability
e. He isnotreceiving
oldageretirement
pensionbenefits
2.Ifthememberdoesnot
satisfy
the
conditionsabovebuthasrenderedat
least 3 years service, he
shallbeadvancedthecash
payment equivalent to
100% of his average
monthlycompensationfor
each year of service he
haspad contributionsbut
not less than P12,000.00
which should have been
his separationbenefit (he
shall no longer receive
separationbenefits)
Q:When
will
the
payment
of
these
benefits
be
suspended?
A:
1. Incaseamemberisreemployed;or
2. Member recovers from disability as
determinedbytheGSIS;or
3. Fails to present himself for medical
examinationwhen required by theGSIS.
(Sec.16[c])
Q: Manioso was suffering from several diseases
from1959to1994whenheworkedasAccounting
ClerkIattheBudgetCommissionuptothetimehe
wastransferred
and
promoted
to
the
DENR
as
Senior Bookkeeper. On 95, he was
hospitalized.The results of his examinations
showed that he was suffering from Acute
Myocardial Infarction and Hypertensive Vascular
Disease. From Jan May 95whenhe compulsory
retiredfromgovernmentserviceandafterserving
for36yrs,henolongerreportedforwork.Hissick
leave covering saidperiodwasdulyapproved. In
themeantime,Manioso filed a claim for income
benefitswith the GSISwhich found his ailments
workrelated. He was granted Temporary Total
Disability benefits for 2 months.He was later
grantedPermanentPartialDisabilitybenefitsfor8
months.It
appears
that
he
appealed
for
more
disability benefitswith theGSISwhich subjected
him to a series ofmedical tests. In 97, he was
brought to thePGH several timesdue toChronic
Renal Infection 2 toObstructiveUropathy 2 to
Staghorn Calculi (L) and Benign Prostatic
Hypertrophy;DiabetesMellitusNeprophaty,Stage
IV, and Hypertensive Nephrosclerosis. He then
filed a request with the GSIS for additional
disability benefits, claiming that the ailments for
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which he was hospitalized several times in 97
developed from his workrelated illnesses. The
GSISdisapprovedManiososrequest.
DoManiososailmentswhich laterdeveloped fall
underthecategoryofpermanenttotaldisability?
A:Yes.
Under
Art.
192
(c)
of
P.D.
No.
442,
as
amended (the LC), the following disabilities are
deemed total and permanent:(1) Temporary total
disability lasting continuously for more than 120
days.UnderSection2(b),RuleVIIof theAmended
RulesonEesCompensation, [a]disability is total
and permanent if as a result of the injury or
sickness the Ee is unable to perform any gainful
occupation for a continuousperiodexceeding120
days,exceptasotherwiseprovidedunderRuleXof
theseRules. In the case at bar, Manioso was on
sick leave from Jan 11, 95 up to his date of
retirementonMay15, 95or foraperiodofmore
than120 days. Surely, theDENR, in approving his
morethan
120
days
leave
must
have
passed
upon
his Medical Certificate relative to his ailments.
Maniosos disability having lasted for more than
120days,he isentitled toPTDbenefits. (Manioso,v.GSIS,G.R.No.148323,Apr.29,2005)
Q: Does Maniosos retirement from service
preventhimfromentitlementtoPTDbenefits?
A: No. Benefits due an Ee due to workrelated
sickness shall be provided until he becomes
gainfullyemployed,oruntilhis recoveryordeath.
None of these are present in Maniosos case. It
would be an affront to justice if Manioso, a
governmentEe
who
had
served
for
36
years,
is
deprivedof thebenefitsduehim forworkrelated
ailments that resulted in his Permanent Total
Disability.(Manioso v.GSIS,G.R.No.148323,Apr.
29,2005)
TemporaryDisabilityBenefits
Q:Whendoestemporarytotaldisabilityarises?
A: Itaccruesorariseswhen the impairedphysical
and/ormentalfacultiescanberehabilitatedand/or
restoredtotheirnormalfunctions.(Sec2[t])
Q:What
benefits
are
given
for
temporary
disability?
A:
1. Member isentitled to75%ofhiscurrent
daily compensation for each day or
fractionthereofoftotaldisabilitybenefit,
to startat the4th
daybutnotexceeding
120daysinonecalendaryearwhen:
a. Hehasexhaustedallsickleaves
b. CBAsickleavebenefits
Provided,that:
i. He was in the service at time of
disability;or
ii. If separated,hehas rendered at
least 3 years of service and has
paid
at
least
6
monthly
contributions in the year
precedinghisdisability
2. The temporary total disability benefits
shallinnocasebelessthanP70aday.
Note: A member cannot enjoy the temporary total
disabilitybenefitandsickleavepaysimultaneously.
AnapplicationfordisabilitymustbefiledwiththeGSIS
within4yearsfromthedateoftheoccurrenceofthe
contingency.
SurvivorshipBenefits
Q:Whoareentitledtosurvivorshipbenefits?
A:Upon thedeathofamemberorpensioner,his
beneficiaries shall be entitled to survivorship
benefits. Suchbenefitshallconsistof:
1. The basic survivorship pension which is
50%ofthebasicmonthlypension;and
2. The dependent childrens pension not
exceeding 50% of the basic monthly
pension
Q: Under what conditions are the primary
beneficiariesentitled
to
the
basic
monthly
pension?
A: Upon the death of a member, the primary
beneficiariesshallbeentitledto:
1. Survivorshippension: Provided, That the
deceased:
a. was in theserviceat the timeofhis
death;or
b. if separated from the service, has
rendered at least 3 years of service
atthetimeofhisdeathandhaspaid
36monthly contributionswithin the
fiveyear
period
immediately
preceding his death; or has paid a
total of at least 180 monthly
contributionspriortohisdeath;or
2. The survivorship pension plus a cash
payment equivalent to 100% of his
averagemonthly compensationforevery
year of service: Provided, That the
deceasedwasintheserviceatthetimeof
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UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATION ANDFINANCE:JEANELLEC. LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
hisdeathwithat least3yearsofservice;
OR
3. Acashpaymentequivalentto100%ofhis
average monthly compensationfor each
yearof servicehepaidcontributions,but
not less than P12,000.00:Provided, That
thedeceased
has
rendered
at
least
3
years of service prior to his death but
does not qualify for the benefits under
item(1)or (2)ofthisparagraph. [Sec.21
(a)]
Q:Aftertheendoftheguaranteed30months,are
thebeneficiaries stillentitled to any survivorship
benefits?
A: Yes. The survivorship pension shall be paid as
follows:
1. When the dependent spouse is the only
survivor,he/she
shall
receive
the
basic
survivorshippensionforlifeoruntilheor
sheremarries;
2. When only dependent children are the
survivors, they shall be entitled to the
basic survivorship pension for as long as
they are qualified, plus the dependent
childrens pension equivalent to 10% of
the basic monthly pension for every
dependentchildnotexceeding5,counted
from the youngest and without
substitution;
3. Whenthe
survivors
are
the
dependent
spouse and the dependent children, the
dependentspouseshall receive thebasic
survivorship pension for life or until
he/she remarries, and the dependent
children shall receive the dependent
childrenspension.(Sec.21[b])
Note:Thedependentchildrenshallbeentitledtothe
survivorship pension as long as there are dependent
children and, thereafter, the surviving spouse shall
receive thebasic survivorshippension for lifeoruntil
heorsheremarries.
Q:When
are
secondary
beneficiaries
entitled
to
survivorshipbenefits?
A: In the absence of primary beneficiaries, the
secondarybeneficiariesshallbeentitledto:
1. Thecashpaymentequivalent to100%of
his average monthly compensation for
each year of service he paid
contributions, but not less than
P12,000.00:Provided,Thatthememberis
intheserviceatthetimeofhisdeathand
hasatleast3yearsofservice;or
2. Intheabsenceofsecondarybeneficiaries,
thebenefitsunder thispar. shallbepaid
tohislegalheirs.(Sec.21[c])
Q:What
are
the
benefits
that
the
beneficiaries
are
entitledtouponthedeathofthepensioner?
A:
1. Upon the death of anoldagepensioner
or a member receiving the monthly
income benefit for permanent disability,
the qualified beneficiaries shall be
entitled to the survivorship pension
defined in Sec.20of thisAct, subject to
theprovisionsofpar.(b)ofSec.21.
2. When the pensioner dies within the
period covered by the lump sum, the
survivorship pension shall be paid only
afterthe
expiration
of
the
said
period.
Q:Gary Lesengwas employed as a public school
teacherattheMarinduqueHigh.OnApril27,1997,
amemorandumwas issuedbytheschoolprincipal
designating Gary to prepare the model dam
project, which will be the official entry of the
school in the search for Outstanding Improvised
Secondary Science Equipment for Teachers. Gary
complied with his superior's instructionand took
hometheprojectto enable him to finishbefore
the deadline. While working on the model dam
project, he came to contactwith a livewire and
was electrocuted. The death certificate showed
thathe
died
of
cardiac
arrest
due
to
accidental
electrocution.
Bella (Garys commonlaw wife) and Jobo (his
onlyson)filedaclaimfordeathbenefitswiththe
GSISwhichwasdeniedonthegroundthatGarys
death did not arise out of and in the course of
employment and therefore not compensable
because the accident occurred in his house and
not in the school premises. Is Bella entitled to
file a claim for death benefits with the GSIS?
Why?
A:Thebeneficiariesofamemberof theGSISare
entitledto
the
benefits
arising
from
the
death
of said member. Death benefits are called
survivorship benefits under the GSIS Law. Not
beingabeneficiary,Bellaisnotentitled toreceive
survivorship benefits. She is not a beneficiary
becauseshe isacommonlawwifeandnota legal
dependentspouse.(1991BarQuestion)
Q: Is the cause of death of Gary (cardiac arrest
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MEMBERS:PALMACLARISSAV.CARILLO,RANDOLPHIANCLET,MICHAELAARONP.GACUTAN,LORRAINETAGUIAM122
due to accidental electrocution in his house)
compensable?Why?
A:Yes.TobecompensableundertheGSISLaw,the
deathneednotbeworkconnected.
Q: Abraham, a policeman, was on leave for a
month.While
resting
in
their
house,
he
heard
two
of his neighbors fighting with each other.
Abraham rushed to the scene intending to
pacify the protagonists.However,hewasshotto
death by one of the protagonists. Eva Joy, a
housemaid, was Abraham's surviving spouse
whom he had abandoned for another woman
years back. When she learned of Abraham's
death, Eva Joy filed a claim with the GSIS for
death benefits. However, her claim was denied
because:(a)whenAbrahamwaskilled,hewason
leave; and (b) she was not the dependent
spouse ofAbrahamwhenhedied.Resolvewith
reasons whether GSIS is correct in denying the
claim.
A:Yes,becauseunder the law,adependent isone
who is a legitimate spouse living with theEe.
(Art.167[i],LC)In theproblemgiven,EvaJoy had
been abandoned byAbrahamwhowasthenliving
already with another woman at the time of his
death.
Moreover, Abraham was on leave when he was
killed. The 24hour duty rule does not applywhen
thepoliceman isonvacation leave.(ECCv.CA,G.R.
No. 121545, Nov. 14, 1996) Taking together
jurisprudence and the pertinent guidelines of the
ECCwith
respect
to
claims
for
death
benefits,
namely:
1. That the Ee must be at the place where
hisworkrequireshimtobe;
2. That the Ee must have been performing
hisofficialfunctions;and
3. That if the injury is sustained elsewhere,
theEemusthavebeenexecutinganorder
for theEr, it isnotdifficult tounderstand
thenwhyEva Joy'sclaimwas denied by
the GSIS. (Tancinco v. GSIS, G.R. No.
132916,Nov.16,2001)
Inthe
present
case,
Abraham
was
resting
at
his
house when the incident happened; thus, he was
not at the place where his work required him to
be.AlthoughatthetimeofhisdeathAbrahamwas
performing a police function, it cannot be said
thathis death occurred elsewhere other than the
placewhere he was supposed to be because he
was executing an order for his Er. (2005 Bar
Question)
FuneralBenefits
Q: Whatcomprisesthefuneralbenefit?
A: CashnotlessthanP12,000tobeincreasedtoat
leastP18,000after5years(specificallyyear2002).
Theamount
shall
be
determined
and
specified
by
theGSISthroughaninformationcirculardistributed
to all Ers for posting at their premises. (Sec. 23,
par.1)
Q: Whenwillitbepaid?
A: Uponthedeathof:
1. Anactivemember
2. Amemberwhohasbeenseparatedfrom
the service but is entitled to future
separationorretirementbenefits
3. Amemberwho isapensioner (excluding
survivorshippensioners)
4. A retiree who is at the time of his
retirement was of pensionable age, at
least 60 years old, who opted to retire
underRA1616 (Anactfurtheramending
Sec.12, C.A. 186, as amended, by
prescribingtwoothermodesofretirement
andforotherpurposes).
LifeInsurance
Q:Whataretheclassesoflifeinsurancecoverage?
A:
1. Compulsorylife
insurance
2. Optionallifeinsurance
Note:Theplansmaybeendowmentorordinarylife.
Q:Whendoescompulsory life insurancecoverage
takeeffect?
A: AllEes including themembersof the Judiciary
and the Constitutional Commissioners except for
MembersoftheAFP,thePNP,BFPandBJMP,shall,
under such terms and conditions as may be
promulgatedby theGSIS,becompulsorilycovered
with life insurance,which shall automatically take
effectas
follows:
1. Those employed after the effectivity of
thisAct, their insurance shall takeeffect
onthedateoftheiremployment;
2. For those whose insurance will mature
after the effectivity of this Act, their
insurance shall be deemed renewed on
the day following thematurity or expiry
dateoftheirinsurance;
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UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATION ANDFINANCE:JEANELLEC. LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
3. Forthosewithoutanylifeinsuranceasof
theeffectivityof thisAct, their insurance
shalltakeeffectfollowingsaideffectivity.
Q: When may a member obtain optional life
insurancecoverage?
A:
1. A member may at any time apply for
himself and/or his dependents an
insurance and/or preneed coverage
embracing:
a. Life
b. Memorialplans
c. Health
d. Education
e. Hospitalization
f. Other plans as maybe designed by
GSIS
2. Any employer may apply for group
insurancecoverage
for
its
employees.
Q:WherecanGSISloansbeinvestedin?
A:
1. In direct housing loans to members and
group housing projects secured by first
mortgage giving priority to the low
incomegroups
2. In short and medium term loans to
members such as salary, policy,
educational, emergency stock purchase
plan,andothersimilarloans
Q:What
is
the
prescriptive
period
to
claim
the
benefits?
A:
GR:4Yearsfromthedateofcontingency
XPN:Lifeinsuranceandretirement(Sec.28)
Q: What is the process for the adjudication of
claimsanddisputesregardingtheGSISbenefits?
A: ThequasijudicialfunctionsoftheGSISshallbe
vestedinitsBoardofTrustees.
1. The GSIS, in appropriate cases, or any
person whose rights are or may be
prejudiced by the operations or
enforcementofR.A.8291andother laws
administered by the GSIS, may file a
petitionbefore theGSISeitherpersonally
orthroughcounsel.
2. Within15daysfromreceiptofthenotice
ofdecisionoraward,theaggrievedparty
mayappealthedecisionoftheGSISBoard
of Trustees to the CA. Appeal shall be
taken by filling a verified petition for
reviewwith theCA. (Sec1 to5,Rule43,
RulesofCourt)
3. Whenno
appeal
is
perfected
and
there
is
noorder tostayby theBoard,bytheCA
orbytheSC,anydecisionorawardofthe
Board shallbeenforcedandexecuted in
thesamemannerasdecisionsoftheRTC.
Note:Thesocialsecuritybenefitsshallbe
exempt from attachment, garnishment,
execution, levyorotherprocesses issued
by the courts, quasijudicial bodies or
administrative agencies including the
CommissiononAudit,disallowances,and
from all financial obligations of the
members.
Q:May
amember
enjoy
the
benefits
provided
for
in theRevisedGSISActsimultaneouswithsimilar
benefitsprovidedunderother laws for the same
contingency?
A:Wheneverotherlawsprovidesimilarbenefitsfor
the same contingencies covered by this Act, the
memberwhoqualifiestothebenefitsshallhavethe
optiontochoosewhichbenefitswillbepaidtohim.
However,ifthebenefitsprovidedbythelawchosen
are less than thebenefitsprovidedunder thisAct,
theGSISshallpayonlythedifference.(Sec.55)
d.Beneficiaries
Q:Whoaretheconsideredbeneficiaries?
A:
1. Primarybeneficiaries
a. The legal dependent spouse until
he/sheremarriesand
b. Thedependentchildren.(Sec.2[g])
2. Secondarybeneficiaries
a. Thedependentparentsand
b. Subject to the restrictions on
dependent children, the legitimate
descendants.(Sec.2[h])
Q:Whoareconsidereddependents?
A:
1. Legitimatespousedependentforsupport
uponthememberorpensioner;
2. Legitimate, legitimated, legally adopted
child,includingtheillegitimatechild,
a. whoisunmarried,
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b. notgainfullyemployed,
c. not over the age of majority, or if
over the age of majority,
incapacitated and incapable of self
supportdue toamentalorphysical
defect acquired prior to age of
majority;and
3. Parentsdependent
upon
the
member
for
support.(Sec.2[f])
3.LIMITEDPORTABILITYLAW
(RA7699)
Q: WhatistheLimitedPortabilityRule?
A: A covered worker who transfers employment
fromonesectortoanotherorisemployedonboth
sectors, shall have creditable services or
contributions on both Systems credited to his
service or contribution record in each of the
Systemsandshallbetotalizedforpurposesofold
age,disability,
survivorship,
and
other
benefits
in
eitherorbothSystems.(Sec.3)
All contributionspaidby suchmemberpersonally,
andthosethatwerepaidbyhisemployerstoboth
Systems shall be considered in the processing of
benefits which he can claim from either or both
Systems.(Sec.4)
Q:Howarethe"portability"provisionsofR.A.No.
7699 beneficial or advantageous to SSS andGSIS
members in termsof theircreditableemployment
servicesintheprivatesectororthegovernment,as
the casemaybe, forpurposesofdeath,disability
orretirement?
A: Portability provisions of R.A. No. 7699 shall
benefit a covered worker whose creditable
servicesorcontributions inboth systemscredited
tohisserviceorcontributionrecord ineachofthe
systemand shallbe totalized forpurposesofold
age, disability, survivorship and other benefits.
(Sec. 3)
The"portability"provisionsofR.A.7699allowthe
transferoffundsfortheaccountandbenefitofthe
workerwhotransfersfromonesystemtoanother.
Thisis
advantageous
to
the
SSS
and
GSIS
members
for purposes of death, disability or retirement
benefits. In theevent theemployees transfer from
theprivatesectortothepublicsector,orviceversa,
their creditable employment services and
contributions are carried over and transferred as
well.(2005BarQuestion)
4.EMPLOYEESSCOMPENSATION
Q: Discuss briefly the Employees Compensation
Program(ECP).
A: It is theprogramprovided for inArticle166 to
208 of the Labor Code whereby a fund known as
theState
Insurance
Fund
(SIF)
is
established
throughpremiumpaymentsexacted from Ers and
from which the Ees and their dependents in the
event of workconnected disability or death, may
promptly secure adequate income benefit, and
medicalorrelatedbenefits.
Coverage
Q: WhoaresubjecttocoverageundertheECP?
A:ErsandtheirEesnotoversixty(60)yearsofage
are subject to compulsory coverage under this
program.
TheErmaybelongtoeitherthe:
1. Public sectorcoveredby theGSIS,comprising
the National Government, including GOCCs,
PhilippineTuberculosesSociety,thePhilippine
NationalRedCros,andthePhilippineVeterans
Bank;and
2. Private sectorcoveredby theSSS, comprising
all Ers other than those defined in the
immediatelyprecedingparagraph.
TheEemaybelongtoeitherthe:
1. Public
sector
comprising
the
employed
workers who are covered by the GSIS,
including the members of the AFP, elective
officials who are receiving regular salary and
any person employed as casual emergency,
temporary,substituteorcontractual;
2. Private sector comprising the employed
workerswhoarecoveredbytheSSS.
Q:Whendoescompulsorycoveragetakeeffect?
A:
1. Employeronthefirstdayofoperation
2. Employee
on
the
day
of
his
employment
Q:WhatisanOccupationalDisease?
A: One which results from the nature of the
employment, and by nature is meant conditions
which all Ees of a class are subject and which
produce the disease as a natural incident of a
particular occupation, and attach to that
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125
UNIVERSITY OF SANTO TOMAS
F a c u l t a d d e D e r e c h o i v i l ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICECHAIRFORADMINISTRATION ANDFINANCE:JEANELLEC. LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
occupationahazardwhichdistinguishesitfromthe
usual run of occupations and is in excess of the
hazardattendingtheemploymentingeneral
To be occupational, the disease must be one
wholly due to causes and conditions which are
normalandconstantlypresentandcharacteristicof
theparticular
occupation.
Q:WhatisSickness?
A: It means any illness definitely accepted as an
occupational disease listed by the Commission or
anyillnesscausedbyemployment,subjecttoproof
thattheriskofcontractingthesameisincreasedby
workingconditions(Art.167(l),LC).
Q:DiscussbrieflythetheoryofIncreasedRisk.
A:ThetermsicknessasdefinedinArticle167(l)of
the Labor Code is a recognition of the theory of
increasedrisk.
To
establish
compensability
under
thesame,theclaimantmustshowsubstantialproof
ofworkconnection,butwhat isrequired ismerely
a reasonable workconnection and not a direct
causalrelation. Proofofactualcauseoftheailment
isnotnecessary.Thetestofevidenceofrelationof
thediseasewiththeemploymentisprobabilityand
notcertainty.(Jimenezv.EmployeesCompensation
Commission, G.R. No. L58176, March 23, 1984;
Panotesvs.ECC,G.R.No.L64802,March29,1984)
Q: May an illness not listed by the Employees
Compensation Commission as an occupational
diseasebecompensable?
A:Wherethe illness isnot listedbytheEmployees
Compensation Commission as an occupational
disease, it must be established that the risk of
contracting the same is increased by working
conditions.
Q:Whatdefensesmaybe interposedbytheState
Insurance Fund (SIF) against a claim for
compensation made by a covered Ee or his
dependents?
A:Thefollowingdefensesmaybesetup:
1. Injuryis
not
work
connected
or
the
sicknessisnotoccupational
2. Disabilityordeathwasoccasionedbythe
Eesintoxication,wilfulintentiontoinjure
orkillhimselforanother,orhisnotorious
negligence(Art.172,LC)
3. Nonoticeofsickness,injuryordeathwas
giventotheEr(Art.206,LC)
4. Claim was filed beyond three (3) years
fromthetimethecauseofactionaccrued
(Art.201,LC,asamendedbyP.D.1921)
Note: Notorious negligence is equivalent to gross
negligence; it is something more than mere
carelessness orlackofforesight.
Q: Abraham Dino works as a deliveryman in a
construction supply establishment owned by
Abraham Julius.Oneday,whileDinowasmaking
reportsonhisdelivery,hehadanaltercationwith
Julius; irkedbythedisrespectfulattitudeofDino,
JuliuspulledouthisgunandshotDino,hittinghim
in the spinal column and paralyzing him
completely.Juliuswasprosecutedfortheact.
1. Is the disability suffered by Abraham Dinocompensable?
2. IfAbrahamDinorecoverscompensationfromthe SIF, can he still recover from Abraham
Juliusdamages
in
the
criminal
case?
Why?
A:
1. Yes.TheinjurywassustainedbyAbrahamDino
in his place of work and while in the
performanceofhisofficialfunctions.
2. No. Under Article 173 of the Labor Code, as
amendedbyP.D.1921,theliabilityoftheState
Insurance Fund under the Employees
CompensationProgram shallbeexclusiveand
inplaceofallother liabilitiesof theEr to the
Ee or his dependents or anyone otherwise
entitled to recoverdamagesonbehalfof the
Eeor
his
dependents.
Q: SocratesBenjie, a truck driver employed by a
local construction company, was injured in an
accident while on assignment in one of his
employers project in Iraq. Considering that his
injury was sustained in a foreign country, is
SocratesBenjieentitledtobenefitsundertheECP?
A:Yes.Filipinosworkingabroadintheserviceofan
Er, domestic or foreign, who carries on in the
Philippines any trade, business, industry,
undertakingoractivityofanykind,arecoveredby
theECP.(Rule1,Section5,ECCRules;Art.169,LC)
Q:What is the Going and ComingRule? Is this
ruleabsolute?
A:GR: In theabsenceofspecialcircumstances,an
Ee injuredwhilegoing toorcomingfromhisplace
ofworkisexcludedfromthebenefitsofWorkmens
CompensationAct.
XPNS:
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1. WheretheEeisproceedingtoorfromhis
workonthepremisesoftheEr;
2. ProximityRulewheretheEe isaboutto
enterorabout to leave thepremises of
his Er by way of exclusive or customary
meansofingressandegress;
3. Eeischarged,whileonhiswaytoorfrom
hisplace
of
employment
or
at
his
home,
or during this employment with some
dutyorspecialerrandconnectedwithhis
employment;and
4. Where the Er as an incident of the
employment provides the means of
transportation to and from the place of
employment.
Q:WhoareentitledtobenefitsundertheECP?
A: ThecoveredEe,hisdependents,and incaseof
hisdeath,hisbeneficiaries.
Q:Who
are
the
dependents
of
the
Ee?
A:
1. Legitimate, legitimated, legally adopted
or acknowledged natural child who is
unmarried, not gainfully employed, and
notover twentyone (21)yearsofageor
over twentyone (21) years of age
provided he is incapacitated and
incapableofselfsupportduetoaphysical
or mental defect which is congenital or
acquiredduringminority;
2. LegitimatespouselivingwiththeEe;and
3. ParentsofsaidEewhollydependentupon
himfor
regular
support.
(Art.167(i),
LC,
as
amendedbyP.D.1921)
Q:Whoareincludedinthetermbeneficiaries?
A: "Beneficiaries" means the dependent spouse
untilheremarriesanddependentchildren,whoare
the primary beneficiaries. In their absence, the
dependent parents and subject to the restrictions
imposed on dependent children, the illegitimate
children and legitimate descendants who are the
secondary beneficiaries;Provided, that the
dependent acknowledged natural child shall be
consideredasaprimarybeneficiarywhenthereare
noother
dependent
children
who
are
qualified
and
eligibleformonthlyincomebenefit.(Art.167,LC,as
amendedbySec.I,P.D.1921)
Q:What are the benefitswhichmay be enjoyed
undertheSIF?
A:
1. MedicalBenefits
2. DisabilityBenefits
3. DeathBenefits
4. FuneralBenefits
MedicalBenefit
Q: What are the conditions of entitlement to
MedicalServices?
A:ForanEetobeentitledtomedicalservices,the
followingconditionsmustbesatisfied:
1. HehasbeendulyreportedtotheSystem
(SSSorGSIS);
2. He sustains a permanent disability as a
resultofaninjuryorsickness;and
3. TheSystemhasbeennotifiedoftheinjury
orsicknesswhichcausedhisdisability.
DisabilityBenefit
Q:Whataredisabilitybenefits?
A: They are incomebenefits in caseof temporary
total disability, permanent total disability and
permanentpartialdisability
Q: What are the disabilities that are considered
totalandpermanent?
A: The followingdisabilities shallbedeemed total
andpermanent:
1. Temporary total disability lasting
continuously formore thanonehundred
twenty days, except as otherwise
providedforintheRules;
3. Completeloss
of
sight
of
both
eyes;
4. Lossoftwolimbsatorabovetheankleor
wrist;
5. Permanent complete paralysis of two
limbs;
6. Brain injury resulting in incurable
imbecilityorinsanity;and
7. SuchcasesasdeterminedbytheMedicalDirector of the System and approved by
theCommission.(Art.192(c),LC)
Q: May a permanent partial disability be
converted to permanent total disability after the
Eesretirement?Why?
A:Yes.Thisisinlinewiththesocialjusticeprovision
in the Constitution. A persons disability may not
manifest itselffullyatoneprecisemoment in time
but rather over a period of time. And disability
should not be understood more on its medical
significancebutonthelossofearningcapacity.
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SOCIALLEGISLATION
127UNIVERSITY OF SANTO TOMASACADEMICSCHAIR:LESTERJAYALANE.FLORESII
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
Q:Maypermanent totaldisability arise although
the Ees does not lose the use of any part of his
body?
A: Yes.Where the Ee is unable, by reason of the
injuryorsickness,toperformhiscustomaryjobfor
more than 120 days, permanent total disability
arises.(Ijares
vs.
CA,
G.R.
No.
105854,
August
26,
1999)
DeathBenefit
Q: What are the conditions for entitlement to
deathbenefits?
A: The beneficiaries of a deceased Ee shall be
entitledtoan incomebenefit ifallofthefollowing
conditionsaresatisfied:
1. The Ee has been duly reported to the
System;
2. Hedied
as
aresult
of
an
injury
or
sickness;and
3. TheSystemhasbeendulynotifiedof