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10 SUPREME COURT REPORTS ANNOTATED

Roman Catholic Archbishop of Manila vs. Social Security
Commission

No. L-15045. January 20, 1961.

IN RE PETITION FOR EXEMPTION FROM COVERAGE

BY THE SOCIAL SECURITY SYSTEM. ROMAN
CATHOLIC ARCHBISHOP OF MANILA, petitioner-
appellant, vs. SOCIAL SECURITY COMMISSION,
respondent-appellee.

Social security; Scope of coverage.—The coverage of the Social

Security Law is predicated on the existence of an employer-
employee relationship of more or less permanent nature and
extends to employment of all kinds except those expressly excluded.

Statutes; Ejusdem generis.—The rule of ejusdem generis

applies only where there is uncertainty. It is not controlling where
there the plain purpose and intent of the lawmaking body would
thereby be hindered and defeated.

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VOL. 1, JANUARY 20, 1961 11

Roman Catholic Archbishop of Manila vs. Social Security

Commission

Same; Social security; "Employer" includes charitable and

religious organizations.—The rule of ejusdem generis does not
apply to the definition of the term "employer" in the Social Security
Law. That definition is sufficiently comprehensive as to include

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religious and charitable institutions or entities, not organized for

profit. It includes the Catholic Charities and all religious and
charitable institutions and organizations directly or indirectly
operated by the Roman Catholic Archbishop of Manila.

Same; Statutes; Effect of exception and amendment.—The

inclusion of religious and charitable institutions, not organized for
profit, within the definition of the term "employer" in the Social
Security Law is shown by the circumstance that said institutions
are not included in the exception contained in said definition and
by the fact that, while in the original law, services performed for
religious and charitable institutions were expressly excluded from
the coverage of the law, in the amendment, that portion of the law
was deleted.

Same; Social Security Law and Industrial Peace Act

contrasted.—The rule, that the Industrial Peace Act applies only to
industry and occupation for purposes of profit and gain, is not
applicable to the Social Security Law because the Industrial Peace
Act expressly limits its application to commercial, industrial or
agricultural establishments or enterprises.

Constitutional law; Social Security System involves private

funds.—The inclusion of religious organizations within the
coverage of the Social Security Law does not violate the
constitutional prohibition against the application of public funds for
the use, benefit or support of any priest employed by a religious
organization. The funds contributed to the Social Security System
are not public funds but funds belonging to the members which are
merely held in trust by the Government. Even assuming that said
funds are impressed with a public character, nevertheless, their
payment as retirement, death or disability benefits would not
violate the said constitutional prohibition since such payment
would be made to the priest, not because he is a priest but because
he is an employee.

Religious organizations; Freedom to disseminate religious

information; Social security; Purpose; Constitutional mandate.—
The inclusion of religious organizations within the coverage of the
Social Security Law would not impair their right to disseminate
religious information. Their monthly contributions, together with
the employees' contributions, are intended for the protection of said
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employees against the hazards of disability, sickness, old age and

death, This is in line with the constitu-

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Roman Catholic Archbishop of Manila vs. Social Security

Commission

tional mandate to promote social justice to insure the wellbeing and

economic security of all the people.

APPEAL from resolutions of the Social Security

Commission.

The facts are stated in the opinion of the Court.

          Feria, Manglapus & Associates for petitioner-
appellant.
          Legal Staff, Social Security System and Solicitor
General for respondent-appellee.

GUTIERREZ DAVID, J.:

On September 1, 1958, the Roman Catholic Archbishop of

Manila, thru counsel, filed with the Social Security
Commission a request that "Catholic Charities, and all
religious and charitable institutions and/or organizations,
which. are directly or indirectly, wholly or partially,
operated by the Roman Catholic Archbishop of Manila," be
exempted from compulsory coverage of Republic Act No.
1161, as amended, otherwise known as the Social Security
Law of 1954. The request was based on the claim that the
said Act is a labor law and does not cover religious and
charitable institutions but is limited to businesses and
activities organized for profit. Acting upon the
recommendation of its Legal Staff, the Social Security
Commission in its Resolution No. 572, series of 1958, denied
the request, The Roman Catholic Archbishop of Manila,
reiterating its arguments and raising constitutional

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objections, requested for reconsideration of the resolution.

The request, however, was denied by the Commission in its
Resolution No. 767, series of 1958; hence, this appeal taken
in pursuance of section 5(c) of Republic Act No. 1161, as
amended.
Section 9 of the Social Security Law, as amended,
provides that coverage "in the System shall be compulsory
upon all members between the age of sixteen and sixty
years inclusive, if they have been for at least six months in
the service of an employer who is a member of the

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Roman Catholic Archbishop of Manila vs. Social Security
Commission

System, Provided, that the Commission may not compel

any employer to become member of the System unless he
shall have been in operation for at least two years and has
at the time of admission, if admitted for membership during
the first year of the System's operation at least fifty
employees, and if admitted for membership the following
year of operation and thereafter, at least six em-ployees x x
x." The term "employer" as used in the law is defined as
"any person, natural or juridical, domestic or foreign, who
carries 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" (par.
[c], sec. 8), while an "employee" refers to "any person who
performs services for an 'employer' in which either or both
mental and physical efforts are used and who receives
compensation for such services" (par. [d], sec. 8).
"Employment", according to paragraph [j] of said section 8,
covers any service performed by an employer except those
expressly enumerated thereunder, like employment under
the Government, or any of its political subdivisions,
branches or instrumentalities including corporations owned

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and controlled by the Government,. domestic service in a

private home, employment purely casual, etc.
From the above legal provisions, it is apparent that the
coverage of the Social Security Law is predicated on the
existence of an employer-employee relationship of more or
less permanent nature and extends to employment of all
kinds except those expressly excluded.
Appellant contends that the term "employer" as defined
in the law should—following the principle of ejusdem
generis—be limited to those who carry on "undertakings or
activities which have the element of profit or gain, or which
are pursued for profit or gain," because the phrase "activity
of any kind" in the definition is preceded by the words "any
trade, business, industry, undertaking." The contention
cannot be sustained. The
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Roman Catholic Archbishop of Manila vs. Social Security
Commission

rule ejusdem generis applies only where there is

uncertainty. It is not controlling where the plain purpose
and intent of the Legislature would thereby be hindered
and defeated. (Grosjean vs. American Paints Works [La],
160 So. 449). In the case at bar, the definition of the term
"employer" is, we think, sufficiently comprehensive as to
include religious and charitable institutions or entities not
organized for profit, like herein appellant, within its
meaning. This is made more evident by the fact that it
contains an exception in which said institutions or entities
are not included. And, certainly, had the Legislature really
intended to limit the operation of the law to entities
organized for profit or gain, it would not have defined an
"employer" in such a way as to include the Government and
yet make an express exception of it.
It is significant to note that when Republic Act No. 1161
was enacted, services performed in the employ of
institutions organized for religious or charitable purposes
were by express provisions of said Act excluded from

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coverage thereof (sec. 8, par. [j], subpars. 7 and 8). That

portion of the law, however, has been deleted by express
provision of Republic Act No. 1792, which took effect in
1957. This is clear indication that the Legislature intended
to include charitable and religious institutions within the
scope of the law.
In support of its contention that the Social SeCurity Law
was intended to cover only employment for profit or gain,
appellant also cites the discussions of the Senate, portions
of which were quoted in its brief. There is, however, nothing
whatsoever in those discussions touching upon the question
of whether the law should be limited to organizations for
profit or gain. Of course, the said discussions dwelt at length
upon the need of a law to meet the problems of
industrializing society and upon the plight of an employer
who fails to make a profit. But this is readily explained by
the fact that the majority of those to be affected by the
operation of the law are corporations and industries which
are established primarily for profit or gain.

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Roman Catholic Archbishop of Manila vs. Social Security
Commission

Appellant further argues that the Social Security Law is a

labor law and, consequently, following the rule laid down in
the case of Boy Scouts of the Philippines vs.1Araos (G.R. No.
L-10091, January 29, 1958) and other cases , applies only to
industry and occupation for purposes of profit and gain. The
cases cited, however, are not in point, for the reason that
the law therein involved expressly limits its application
either to commercial, industrial, or agricultural
establishments, or enterprises.
Upon the other hand, the Social Security Law was
enacted pursuant to the "policy of the Republic of the
Philippines to develop, establish gradually and perfect a
social security system which shall be suitable to the needs
of the people throughout the Philippines and shall provide
protection to employees against the hazards of disability,

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sickness, old age and death." (Sec. 2, Republic Act No. 1161,
as amended.) Such enactment is a legitimate exercise of the
police power. It affords protection to labor, especially to
working women and minors, and is in full accord with the
constitutional provisions on the "promotion of social justice
to insure the well-being and economic security of all the
people." Being in fact a social legislation, compatible with
the policy of the Church to ameliorate living conditions of
the working class, appellant cannot arbitrarily delimit the
extent of its provisions to relations between capital and
labor in industry and agriculture.
There is no merit in the claim that the inclusion of
religious organizations under the coverage of the Social
Security Law violates the constitutional prohibition against
the application of public funds for the use, benefit or
support of any priest who might be employed by appellant.
The funds contributed to the System created by

_______________

1 UST Hospital Employees Association vs. UST Hospital, G.R. No. L-

6988, May 24, 1954; San Beda College vs. National Labor Union, G.R.
No. L-7649, October 29, 1955; Quezon Institute vs. Velasco & Quezon
Institute vs. Parazo, G.R. Nos. L7742-43, November 23, 1955.

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16 SUPREME COURT REPORTS ANNOTATED

Roman Catholic Archbishop of Manila vs. Social Security
Commission

the law are not public funds, but funds belonging to the
members which are merely held in trust by the
Government. At any rate, assuming- that said funds are
impressed with the character of public funds, their payment
as retirement death or disability benefits would not
constitute a violation of the cited provisions of the
Constitution, since such payment shall be made to the
priest not because he is a priest but because he is an
employee.
Neither may it be validly argued that the enforcement of
the Social Security Law impairs appellant's right to
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disseminate religious information. All that is required of

appellant is to make monthly contributions to the System
for covered employees in its employ. These contributions,
contrary to appellant's contention, are not "in the nature of
taxes on employment." Together with the contributions
imposed upon the employees and the Government, they are
intended for the protection of said employees against the
hazards of disability, sickness, old age and death in line
with the constitutional mandate to promote social justice to
insure the well-being and economic security of all the
people.
IN VIEW OF THE FOREGOING, Resolutions Nos. 572
and 767, series of 1958, of the Social Security Commission
are hereby affirmed. So ordered with costs against
appellant.

          Paras, C.J., Padilla, Bautista Angelo, Paredes and

Dizon, JJ., concur.
     Concepcion, Reyes, J.B.L. and Barrera, JJ., concur
in the result.
     Bengzon, J., reserves his 'vote.

Resolutions affirmed.

Notes.—Section 9 of the Social Security Law, as

amended by Republic Act No. 4857, effective September 1,
1966, provides that "coverage in the System shall be
compulsory upon all employees not over sixty years of age
and their employers".
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VOL. 1, JANUARY 20, 1961 17

National Fastener Corp. of the Phils. vs. Court of
Industrial Relations

Coverage is determined solely by the existence of an

employer-employee relationship (Insular Life Assurance
Co., Ltd. vs. Social Security Commission, L-16358, Dec. 28,
1961).
Any dispute regarding coverage is cognizable by the
Social Security Commission (Philippine American Life
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Insurance Company vs. Social Security Commission, L-

20383, May 24, 1967 20 Supreme Court Reports Annotated
162).
Temporary and casual employees are covered by the
Social Security Law (Luzon Stevedoring Corporation vs.
Social Security System, L-20088, Jan. 22, 1966, 16 Supreme
Court Reports Annotated 6).
Membership in the Social Security System is not the
result of a bilateral, consensual agreement where the rights
and obligations of the parties are defined by and subject to
their will. The law requires compulsory coverage of
employers and employees under the system. It is actually a
legal imposition on said employers and employees, designed
to provide social security to the workingman. Membership
in the Social Security System is in compliance with a lawful
exercise of the police power of the State, to which the
principle of non-impairment of the obligation of contract is
not a proper defense. (Philippine Blooming Mills Co. vs.
Social Security System, L-21223, Aug. 31, 1966, 17
Supreme Court Reports Annotated 1077).
Where there is no employer-employee relationship, as
when the owners of fishing boats and the members of the
crew are engaged in a joint venture, the Social Security
Law does not apply to the said crew-members (Pajarillo vs.
Social Security System, L-21930, Aug. 31, 1966, 17
Supreme Court Reports Annotated 1014).

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