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1st PART: MCQ (60 MCQ: 40 ESSAY) 1. JURISDICTION OF GSIS Jurisdiction (Part of the Final Exam) GSIS has original and exclusive jurisdiction to settle any dispute arising under RA 8291 w/ respect to: - Coverage - Entitlement to benefits - Collection and payment of contributions - Any other matter related to any or all of the foregoing which is necessary for their determination Prescriptive period Four years from date of contingency except life and retirement which do not prescribe. 2. THE CONCEPT OF EMPLOYMENT UNDER SS LAW: DEFINITION OF TERMS: EMPLOYMENT SERVICES EXCLUDED UNDER THE LAW (j) Employment - Any service performed by an employee for his employer except: (1) Employment purely casual and not for the purpose of occupation or business of the employer; (2) Service performed on or in connection with an alien vessel by an employee if he is employed when such vessel is outside the Philippines; (3) Service performed in the employ of the Philippine Government or instrumentality or agency thereof; (4) Service performed in the employ of a foreign government or international organization, or their wholly-owned instrumentality: Provided, however, That this exemption notwithstanding, any foreign government, international organization or their wholly-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 of such employees in the SSS except those already covered by their respective civil service retirement systems: Provided, further, That the terms of such agreement shall conform with the provisions of this Act on coverage and amount of payment of contributions and benefits: Provided, finally, That the provisions of this Act shall be supplementary to any such agreement; and (5) Such other services performed by temporary and other employees which may be excluded by regulation of the Commission. Employees of bona fide independent contractors shall not be deemed employees of the employer engaging the service of said contractors. 3. WHO IS AN EMPLOYER UNDER SS LAW (c) Employer- Any person, natural or juridical, domestic or foreign, who carries on in the Philippines any trade, business, industry, undertaking, or activity of any kind and uses the services of another person who is under his orders as regards the employment, except the Government and any of its political subdivisions, branches or instrumentalities, including corporations owned or controlled by the Government: Provided, That a self-employed person shall be both employee and employer at the same time. 4. THE MAXIMUM NUMBER OF DAYS UNDER DAILY SICKNESS BENEFIT UNDER SSS (ANNUAL) A daily cash allowance paid for the number of days a member is unable to work due to sickness or injury. The amount is equivalent to 90% of the members average daily salary credit. In no case shall the daily sickness benefit be paid longer than one hundred twenty (120) days in one (1) calendar year , nor shall any unused portion of the one hundred twenty (120) days of sickness benefit granted under this section be carried forward and added to the total number of compensable days allowable in the subsequent year. Limit as to number of days (above) because in sickness, the salary credit will have to be multiplied with the number of days that the member gets sick hence the maximum (stated above). 5. TOTALIZATION OF SERVICE CREDITS UNDER RA 7699 Totalization refers to the process of adding up the periods of creditable services or contributions in each of the systems for purposes of eligibility and computation of benefits, for purposes of totalization, overlapping periods of membership shall be considered once only (sec.3)
COA disallowances cannot be deducted from retirement benefits. 14. BENEFITS UNDER SS LAW WHERE THE EMPLOYER IS MANDATED TO ADVANCE? MATERNITY AND SICKNESS 15. PRIMARY BENEFICIARIES UNDER GSIS Who are eligible? If at time of death, a member was in the service and has rendered at least 3 years of service (primary beneficiaries to receive survivorship pension plus cash payment; secondary beneficiaries or legal heirs entitled to cash payment) Take NOTE of the BENEFICIARIES: Primary beneficiaries The legitimate spouse, until he/she remarries, and the dependent children Secondary benefeciaries The dependent parents; and Legitimate descendants Beneficiaries in SSS and GSIS are the same EXCEPT for two things: 1. Age of majority with respect to children 18 GSIS 21 SSS 2. SSS: in the absence of secondary beneficiaries, it is the person designated by the member and the legal heirs only comes if there is no person designated. GSIS: legal heirs take the place in the absence of secondary beneficiaries. Who are dependents? a) The legitimate spouse dependent for support b) Any legitimate, legitimated and/or legally adopted child
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23. SEPARATION BENEFIT UNDER GSIS: TWO DISTINCTIONS: SEPARATION IS FOR CAUSE OR (2) NOT FOR CAUSE
IRR, Rule II, sec. 25; DISTINCTION Member separated for cause o Automatically forfeit o Unless terms of resignation or separation provide otherwise Member separated not for cause o Shall continue to be a member and entitled subject to qualification and other prescription 24. DEFENCES OF LACK OF CRIMINAL INTENT AND GOOD FAITH UNDER SS LAW As held by the Court of Appeals, the claims of good faith and absence of criminal intent for the petitioners' acknowledged non-remittance of the respondents' contributions deserve scant consideration. The violations charged in this case pertain to the SSS Law, which is a special law. As such, it belongs to a class of offenses known as mala prohibita. 25. THERE ARE PROBLEMS INVOLVING INDEPENDENT AND LABOR-ONLY CONTRACTING Independent contracting and labor only employees = not covered by SS law. 26. TAXI DRIVERS COVERAGE UNDER SSS, (FIND RELATED CASE) PERUSE OVER THE FACTS WHETHER THERE IS EE RELATIONS
They (taxi drivers) are EE just like jeepney drivers are EE to their operators. Even if they receive "boundary basis" compensation there is still an ER-EE relationship. The method of fixing compensation is not determinative of an EE-ER relationship. As long
It is a daily cash allowance granted to female member who was unable to work due to childbirth or miscarriage.No marriage requirement. It is equivalent to 100% of members average daily salary credit (wala pa niy deduction ha?) multiplied by 60 days for normal delivery or miscarriage, 78 days for caesarian section delivery.
27. PRESCRIPTIVE PERIOD UNDER SSS Prescriptive period in filing a disability claim: (Take note of this) 10 years from the date of occurrence of disability. (employee filing claims against the system) In order to contextualize, the other prescriptive period is section 22: claims against the employer = 20 years (employee filing claims against employer) In the SS website, since the law is silent as to the period on retirement and death and maternity = no prescribed period. Does it follow that section 22 would apply (20 years)? NOT necessarily since section 22 is a claims against the EMPLOYER i.e. (employer was not able to report). - According to SS Commission, the other benefits not covered, it is IMPRESCRIPTIBLE, that is if you have complied with the notices of requirement. Prescribed period in filing a claim of a member confined in hospital/home : 1. For hospital, claim for benefit must be filed within 1 year from last day of confinement; 2. For home, 1 year from start of illness. Failure to file the claim within the prescribed period will result to denial of claim. 28. 4 QUESTIONS UNDER MATERNITY LEAVE. MEMORIZE THE REQUISITES. SEMESTER OF CONTINGENCY Maternity Benefit
Qualifications for entitlement : (same with sickness) 1. She has paid at least three monthly contributions within the 12-month period immediately preceding the semester of her childbirth or miscarriage 2. She has given the required notification of her pregnancy through her employer if employed, or to SSS if separated, voluntary or self-employed. For example: SSS member gives birth in December 2006. a. The semester of contingency would be from July 2006 to December 2006. b. The 12-month period before the semester of contingency would be from July 2005 to June 2006. Deliveries covered: (Important aspect) Only for the first four deliveries or miscarriages shall be paid starting May 24, 1997 (effectivity of RA 8282) Miscarriages include abortion. SSS website only mentioned abortion, no qualification whether it is intentional or unintentional but according to SSS abortion should only cover unintentional. Why? According to them, there is a criminal responsibility on intentional abortion. But is it not that regardless or criminal liability for as long as the facts comply with the requirements, in (sirs) opinion, it should cover intentional abortio n but I have no basis for that. Because for me, the purpose of SS law is to benefit the employee. What is the purpose of SS law with respect the employer? To oblige the employer because remember the employer does not get anything from the SS law. Employer has a lot of obligations and responsibilities under the SS law. Note: Delivery of twins/triplets/quadra/etc. = one delivery only Notice required: As soon as pregnancy is confirmed, member must notify immediately
Prescriptive period Four years from date of contingency except life and retirement which do not prescribe. 2. CASE OF DIRECTOR, GARCIA CASE,
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EMPLOYMENT SERVICES, EXCLUDED, (1) PURELY CASUAL EMPLOYMENT AND NOT FOR THE PURPOSE OF THE OCCUPATION OR BUSINESS OF THE EMPLOYER: MANSAL VS GUCHECO L-8017 APRIL 30, 1955
Garcia vs SSC -SSC found Garcia, the sole surviving director of Impact Corporation, petitioner herein, liable for unremitted SSS contributions. Issue is whether or not petitioner, as the only surviving director of Impact Corporation, can be made solely liable for the corporate obligations of Impact Corporation pertaining to unremitted SSS premium contributions and penalties therefore. - Petitioner challenges the finding of the Court of Appeals that under Section 28 (f) of the Social Security Law, a mere director or officer of an employer corporation, and not necessarily a "managing" director or officer, can be held liable for the unpaid SSS premium contributions. - Section 28 (f) of the Social Security Law provides the following: (f) If the act or omission penalized by this Act be committed by an association, partnership, corporation or any other institution, its managing head, directors or partners shall be liable to the penalties provided in this Act for the offense. (very interesting provision daw) SC: This Court though finds no need to resort to statutory construction. Section 28 (f) of the Social Security Law imposes penalty on: (1) the managing head; (2) directors; or
(j) Employment - Any service performed by an employee for his employer except: (1) Employment purely casual and not for the purpose of occupation or business of the employer; Employment services excluded. You can find this also on SS book. - FOCUS on number 1 and number 5. (na hala, wala ko kahibaw unsa ang 2, 3, or 4) - Employees of bonafide independent contractor shall not be deemed employees of the employeer engaging the service of the said contractors. (For purposes of the bar, this will be important.) - 1. "purely casual employment" and not for the purpose of occupation for business of the employee . o The person that is engaged there is actually an employee, but is purely casual and not for the purpose of occupation or business of the employee. case of MANSAL VS. GUCHECO Meaning of number (1). The work of the mechanic is purely casual because it is not part of the business in the operation of the lumber business. BAR: I think it was a warehouse or building selling merchandise.
GSIS vs. NLRC (important) Remember there is an indirect employer under the labor code. Private respondents were security guards of a security agency assigned to Tacloban branch of GSIS. The security guards thereafter filed an illegal dismissal against the agency and GSIS, th separation pay, salary differential, 13 month and unpaid salary. When there was an execution against GSIS for the money claims, GSIS argued, you cannot touch our funds, invoking SEC. 39 of the Charter. GSIS filed the present petition contending the error committed because it is exempt from execution per charter. SC: The fact that there is no actual and direct employer employee relationship between petitioner and respondents does not absolve the former from liability for the latters monetary claims. When petitioner contracted DNL securitys services, petitioner became an indirect employer of respondents, pursuant to article 107 of the labor code. After DNL security failed to pay respondents the correct wages and other monetary benefits, petitioner, as principal, became jointly and severally liable, as provided in articles 106 and 109 of the labor code.
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