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Agra&SocLeg Bar Q&A (2013-1987)
Agra&SocLeg Bar Q&A (2013-1987)
I. Year 2013
1. Because of the stress in caring for her four (4) growing children, Tammy
suffered a miscarriage late in her pregnancy and had to undergo an operation. In
the course of the operation, her obstetrician further discovered a suspicious-
looking mass that required the subsequent removal of her uterus (hysterectomy).
After surgery, her physician advised Tammy to be on full bed rest for six (6)
weeks. Meanwhile, the biopsy of the sample tissue taken from the mass in
Tammy’s uterus showed a beginning malignancy that required an immediate
series of chemotherapy once a week for four (4) weeks.
(a) What benefits can Tammy claim under existing social legislation?
(b) What can Roger, Tammy’s 2nd husband and the father of her two (2)
younger children, claim as benefits under the circumstances?
Answer: Under R.A. 8187 or the Paternity Leave Act of 1996, Roger
can claim paternity leave of seven (7) days with full pay if he is lawfully
married to Tammy and cohabiting with her at the time of the miscarriage.
a) None of them;
b) Either one of them;
c) Only maternity leave benefits;
d) Only sickness benefits.
`3. How many years of service is the underground mine employee required to
have rendered in order to be entitled to retirement benefits?
a) 5;
b) 10;
c) 15;
d) 20.
III. 2010
1. A, single, has been an active member of the Social Security System for the
past 20 months. She became pregnant out of wedlock and on her 7th month
of pregnancy, she was informed that she would have to deliver the baby
through caesarean section because of some complications. Can A claim
maternity benefits? If yes, how many days can she go on maternity leave? If
not, why is she not entitled?
Answer: Yes. The SSS Law does not discriminate based on the civil
status of a female member-employee. As long as said female employee
has paid at least three (3) monthly contributions in the twelve-month
period immediately preceding the semester of her childbirth, she can
avail of the maternity benefits under the law.
Since A gave birth through C-section, she is entitled to one hundred
percent (100%) of her average salary credit for seventy-eight (78) days,
provided she notifies her employer of her pregnancy and the probable
date of her childbirth, among others (See Section 14-A, RA No. 8282)
The same maternity benefits are ensured by Sec. 22 (b)(2) of the
Magna Carta of Women (RA No. 9710).
IV. Year 2009
Suggested answer:
Suggested answer:
V. Year 2008
If you were Tito’s employer, would you grant his request? Why?
Suggested answer:
Suggested answer:
Josephine got married. She asked Owen, the personnel manager, if the
company can reconsider the agreement. He told Josephine he can do something about
it, insinuating some sexual favors. She complained to higher authorities but to no avail.
She hires you as her counsel. what action or actions will you take? Explain.
Suggested answer:
I will likewise file a complaint for illegal dismissal citing Art. 136 of the
Labor Code which provides that it is unlawful for an employer to require as a
condition of continued employment or continuation of employment that a woman
employee shall not get married, or to stipulate expressly or tacitly that upon
getting married a woman employee shall be deemed resigned or separated, or to
actually dismiss, discharge, discriminate or otherwise prejudice a woman
employee merely by reason of her marriage.
VIII. 2005
1. How are the “portability” provisions of Republic Act No. 7699 beneficial or
advantageous to SSS and GSIS members in terms of their creditable employment
services in the private sector or the government, as the case may be, for purposes of
death, disability or retirement? Please explain your answer briefly.
Suggested answer:
The “portability” provisions of Republic Act No. 7699 allows the transfer of
funds for the account and benefit of the worker who transfers from one system to
another.
This is advantageous to the SSS and GSIS members for purposes of death,
disability or retirement benefits. In the event the employees transfer from the
private sector to the public sector, or vice-versa, their creditable employment
services and contributions are carried over and transferred from one system to
the other.
2. 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, Weto’s 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.
Suggested answer:
(a) The contention of Weto is correct. The law provides that every married
male is entitled to a paternity leave of seven (7) days for the first four (4)
deliveries of the legitimate spouse with whom he is cohabiting (Sec. 2, RA 8187).
Jovey is Weto’s legitimate spouse with whom he is cohabiting. The fact that Jovy
is his second wife and that Weto had 4 children with his first wife is beside the
point. The important fact is that his is the first child of Jovy with Weto. The law
did not distinguish and we should not therefore distinguish.
The paternity leave was intended to enable the husband to effectively lend
support to his wife in her period of recovery and/or in the nursing of the newly-
born child (Sec. 3, RA 8187). To deny Weto this benefit would be to defeat the
rationale for the law.
(b) Is Jovy entitled to maternity leave benefits?
Suggested answer:
Yes, if Jovy, as a female employee, has paid at least three (3) monthly
contributions in the twelve-month period immediately preceding the semester of
her childbirth (Sec. 14-A, RA 1161, as amended); otherwise, she is not entitled to
the benefit.
3. Carissa, a comely bank teller, was due for her performance evaluation which is
conducted every six months. A rating of “outstanding” is rewarded with a merit
increase. She was given a “below average” rating in the last two periods. According to
the bank’s personnel policy, a third rating of “below average” will result in termination.
Mr. Perry Winkle called Carissa into his office a few days before submitting her
performance ratings. He invited her to spend the night with him in his rest house. She
politely declined. Undaunted, Mr. Winkle renewed his invitation, and Carissa again
declined. He then warned her to “watch out” because she might regret it later on. A few
days later, Carissa found that her third and last rating was again “below average.”
Carissa then filed a complaint for sexual harassment against Mr. Winkle with the
Department of Labor and Employment. In his counter-affidavit, he claimed that he was
enamored with Carissa. He denied having demanded, much less received any sexual
favors from her in consideration of giving her an “outstanding” rating. He also alleged
that the complaint was premature because Carissa failed to refer the matter to the
Committee on Decorum and Discipline for investigation and resolution before the case
against him was filed. In her reply affidavit, Carissa claimed that there was no need for
a prior referral to the Committee on Decorum and Discipline of her complaint.
Suggested answer:
I will hold Mr. Perry Winkle guilty of sexual harassment. This resolution is
predicated mainly upon the following considerations:
Carissa is correct in stating that there was no need for a prior referral of
her complaint to the Committee on Decorum and Discipline because nothing in
the law shall preclude the victim of sexual harassment from instituting a separate
and independent action for damages and other affirmative relief (Section 6, RA
No. 7877).
4. Odeck, a policeman, was on leave for a month. While resting in their house,
he heard two of his neighbors fighting with each other. Odeck rushed to the scene
intending to pacify the protagonists. However, he was shot to death by one of the
protagonists. Zhop, a housemaid, was Odeck’s surviving spouse whom he had
abandoned for another woman years back. When she learned of Odeck’s death, Zhop
filed a claim with the GSIS for death benefits. However, her claim was denied because
(i) when Odeck was killed, he was on leave; and (ii) she was not the dependent spouse
of Odeck when he died.
Suggested answer:
The GSIS is not correct in denying the claim, because Odeck was on leave
when he was killed. The law only requires that the GSIS member was in the
service at the time of his death so that his beneficiaries may claim survivorship
benefits. Odeck was still in the service. He was just on leave. He intends to
report back to work after his leave.
IX. 2003
Suggested answer:
X. 2002
How many times may a male employee go on Paternity Leave? Can he avail
himself of this benefit, for example, 50 days after the first delivery by his wife?
Suggested answer:
XI. 2000
1. Ms. Sara Mira is an unwed mother with three children from three different
fathers. In 1999, she became a member of the Social Security System. In August
2000, she suffered a miscarriage, also out of wedlock, and again by a different father.
Can Ms. Mira claim maternity benefits under the Social Security Act of 1997? Reason.
Suggested answer:
Yes, she can claim maternity benefit. Entitlement thereto is not dependent
on the claimant’s being legally married (Sec. 14-A, Social Security Act of 1997).
3. The Collective Bargaining Agreement of the Golden Corporation Inc. and the
Golden Corporation Workers Union provides a package of welfare benefits far superior
in comparison with those provided for in the Social Security Act of 1997. The welfare
plan of the company is funded solely by the employer with no contributions from the
employees. Admittedly, it is the best welfare plan in the Philippines. The company and
the union jointly filed a petition with the Social Security System for exemption from
coverage. Will the petition for exemption from coverage prosper? Reason.
Suggested answer:
Suggested answer:
(b) In the course of an interview, another female applicant inquired from the
same Personnel Manager if she had the physical attributes required for the position she
applied for. The Personnel Manager replied: “You will be more attractive if you will
wear micro-mini dresses without the undergarments that ladies normally wear.” Did the
Personnel Manager, by the above reply, commit an act of sexual harassment? Reason.
Suggested answer:
No, the Personnel Manager’s reply to the applicant’s question whether she
qualifies for the position she is applying for does not constitute sexual
harassment. The Personnel Manager did not ask for or insinuate a request for a
sexual favor in return for a favorable action on her application for a job. But the
Manager’s statement may be offensive if attire or physical look is not a criterion
for the job being applied for.
On April 27, 1997, a memorandum was issued by the school principal, which
reads: “You are hereby designated to prepare the MODEL DAM project, which will be
the official entry of the school in the forthcoming Division Search for Outstanding
Improvised Secondary Science Equipment for Teachers to be held in Manila on June 4,
1997. You are hereby instructed to complete this MODEL DAM on or before the
scheduled date of the contest.”
a. Is Pepay Palaypay entitled to file a claim for death benefits with the GSIS?
Why?
Suggested answer:
Suggested answer:
Yes. To be compensable under the GSIS Law, the death need not be work
connected.
XII. 1997
State the respective coverages of (a) the Social Security Law; (b) the Revised
Government Service Insurance Act and (c) the Employees Compensation Act.
Answer:
(c)Coverage in the State Insurance Fund (Art. 168, Labor Code) shall be
compulsory upon all employers and their employees not over sixty (60) years of
age; Provided, that an employee who is over 60 years of age and paying
contributions to qualify for the retirement or life insurance benefit administered
by the System shall be subject to compulsory coverage.
XIII. 1996
In March, 1982, while she was teaching her Grade 1 pupils the proper way of
scrubbing and sweeping the floor, she accidentally slipped. Her back hit the edge of a
desk. She later complained of weak lower extremities and difficulty in walking. After an
X-ray examination, she was found to be suffering from Pott’s disease and was advised
to undergo an operation. In 1985, she filed with the GSIS a claim for disability benefits
under Presidential Decree No. 626, as amended. The GSIS granted the claim and
awarded Efrenia permanent partial disability benefits.
After she underwent a surgical operation on her spine in November, 1985 her
condition worsened.
In 1990, Efrenia filed with the GSIS a petition for conversion of her disability
status to permanent total disabilities with corresponding adjustment of benefits. GSIS
denied the claim stating that after Efrenia’s retirement, any progression of her ailment is
no longer compensable.
XIV. 1994
During a storm, several scaffoldings of JARILLO fell and killed two (2) guards
whose families later sued JARILLO. JARILLO, in turn, impleaded SAMSON as third-
party defendant before the Arbiter.
Answer:
Liability lies against the State Insurance Fund administered by the SSS.
This is a case of death in connection with the employees’ work.
a. Who is deemed an “employer” for purposes of coverage under the SSS Law?
b. Under the above facts whose duty is it to bring the security guards for
compulsory coverage pursuant to the SSS Law? Discuss.
Answer:
XVI. 1992
1. Eduardo Serangco, an SSS member for 20 years, died on May 1, 1992. The
records of the SSS show that Serangco designated as his beneficiaries Marietta Uy,
wife; Gloria Seranco, daughter, born June 30, 1979; and Jose Serangco, son, born July
16, 1981. On May 10, 1992, the SSS granted Marietta Uy funeral benefits. On May 16,
1992, Josefa Costa filed a claim for death benefits alleging that she was married to the
late Eduardo Serangco on October 15, 1982 and depended upon him for support. She
attached to her claim, copy of a marriage contract duly certified and sealed by the civil
registrar of Pasig, Rizal. Marietta Uy opposed Josefa Costa’s claim, contending that
she her children, Gloria and Jose Serangco, are entitled to death benefits because they
were the primary beneficiaries designated by the deceased Serangco.
To whom shall the SSS award death benefits? Why?
Answer:
Under the Social Security Law, death benefits are to be paid to the primary
beneficiaries of the deceased employee. If there are no primary beneficiaries
then to the secondary beneficiaries.
Considering the above provisions of the Social Security Law, Gloria and
Jose Serangco are dependent children because they are still not over twenty one
years of age, assuming that they are also unmarried and are not gainfully
employed.
The legitimate wife of the deceased employee is Marietta Uy and not Josefa
Costa. The marriage of the deceased employee to Costa is bigamous. Thus,
Marietta is primary beneficiary together with her children Gloria and Jose. As
such primary beneficiaries, the SSS should award to them the death benefits
arising from the death of Eduardo Serangco.
XVII. 1991
1. What is the foundation of the agrarian reform program under the 1987
Constitution? Who are the direct beneficiaries of the program?
Answer:
In Article XII of the Constitution, in dealing with the national economy and
patrimony, it is also stated that “the State shall promote industrialization and full
employment based on sound agricultural development and agrarian reform, xxx”
Then in Article XIII of the Constitution, in dealing with social justice and
human rights, there is this provision, among others: “The State shall, by law,
undertake an agrarian reform program founded on the right of farmers and
regular farm-workers, who are landless, to own directly or collectively the lands
they till or in the case of other farm-workers, to receive a just share of the fruits
thereof. To this end, the State shall encourage and undertake the just distribution
of all agricultural lands, subject to such priorities and reasonable retention limits
as the Congress may prescribe, taking into account ecological, developmental, or
equity considerations, and subject to the payment of just compensation. In
determining the retention limits, the State shall respect the right of small
landowners. The State shall further provide incentives for voluntary
landsharing.”
Under the Comprehensive Agrarian Reform Law, the lands covered shall be
distributed as much as possible to landless residents of the same barangay or in
the absence thereof, landless residents of the same municipality in the following
order of priority:
Answer:
In the Bill of Rights, it is provided that private property shall not be taken
for public use without just compensation.