Professional Documents
Culture Documents
BAR Qs
BAR Qs
V
III
A, single, has been an active member of the
Assume that in Problem 5, Mario, an RSC
Social Security System for the past 20 months.
member disgusted with the non-payment of
She became pregnant out of wedlock and on
his night shift differential and overtime pay,
her 7th month of pregnancy, she was
filed a complaint with the DOLE Regional
informed that she would have to deliver the
Office against RSC and PizCorp. After
baby through caesarean section because of
inspection, it was found that indeed Mario
some complications. Can A claim maternity
was not getting his correct differential and
benefits? If yes, how many days can she go on
overtime pay and that he was not declared an
maternity leave? If not, why is she not
SSS member (so that no premiums for SSS
entitled? (3%)
membership were ever remitted). On this
basis, the Regional Director issued a
compliance order holding PizCorp and RSC
solidarily liable for the payment of the correct
differential and overtime pay and ordering
PizCorp to report Mario for membership with
VI
[a] State briefly the compulsory coverage of
the Government Service Insurance Act. (2%)
[b] Can a member of a cooperative be deemed
an employee for purposes of compulsory
coverage under the Social Security Act?
Explain. (2%)
VII
Mans Weto had been an employee of Nopolt
Assurance Company for the last ten (10)
years. His wife of six (6) years died last year.
They had four (4) children. He then fell in love
with Jovy, his co-employee, and they got
married. In October this year, Wetos new wife
is expected to give birth to her first child. He
has accordingly filed his application for
paternity leave, conformably with the
provisions of the Paternity Leave Law which
took effect in 1996. The HRD manager of the
assurance firm denied his application, on the
ground that Weto had already used up his
entitlement under that law. Weto argued that
he has a new wife who will be giving birth for
the first time, therefore, his entitlement to
paternity leave benefits would begin to run
anew.