October 19, 2018

Criminal Aspect:
SSS RA. 8282, Social Security Act of 1997,
Concept and History Violation is non probationable

2 Coverage: Civil Damages:

Coverage of Employee Damages
Coverage of Employer
Administrative Penalties:
Cases to remember: Delinquent
Tongko vs Manulife

Social security evolved from an age-old search of man for protection
against poverty, which breeds grave social ills that not only threaten
his survival but also erode his sense of human dignity. The state is duty
bound to operate a mechanism that would provide such protection to
its people.
History:
RA 1161 draft submitted to Congress, Social Security Act of 1954
Approved in 1954 but not implemented because of objections.
Sep. 1, 1957 the Social Security Act or the Social Security Law was
finally implemented.

*No such thing as contingencies in Social Security. Only disability The SSS administers social security protection to workers in the
and sickness etc. private sector. GSIS takes care of workers in the public sector.

GSIS – no maternity benefit RA 8282 amended the RA 1161 or the Social Security Law of 1954.
SSS – has maternity benefit (RA 1161, as amended)

Case to remember:
Villarica Pawnshop
Why social legislation?

Social Security to insure the well-being and economic security of the Programs of SSS:
people.
Social Security Program (RA 8282):
Social insurance; membership is mandatory as a rule requiring the
shared payment of contributions and contributions will pay for - Private employees
benefits and operating costs.
- Employer will remit to SSS the employer’s contribution and
employee’s contribution with respect to Social Security Program.
- No requirement of work-related sickness
The Employees Compensation Program (EC Law):
- Employer pays the contribution; no share of employees
- Covers only work-related injuries
- Fixed contribution per employee, maximum of 30 pesos.
- In case of injuries, employer will charge it to the State Insurance
Fund.
SSS: In times of dispute it must be adjudicated to Social Security
Commission. (quasi-judicial body of SSS)
EC Law: EC Commission will adjudicate if claim is denied.
Medicare:
Private – SSS
Public – GSIS
Now – PhilHealth
JURISDICTION
- any dispute arising under this Act with respect to coverage, benefits,
contributions and penalties thereon or any other matter related thereto.
- SSC not Labor Arbiter to decide if there is employer-employee.
- Determine by the existence of relationship through Four Fold Test.
- Selection of workers
- Payment of wages
- Power to dismiss
- Power to control
SSS vs Atlantic Gold
- Atlantic Gold wants SSS to execute dacion en pago, two corporations
have delinquent corporations, payment is assignment of property and
SSS agreed. SSS failed to execute.
- Based on the allegations, no issue in contribution.
Atty: *penalties thereon – contributions
For Instance:
Employer will deduct contribution and will not remit it to SSS
“Employer has to pay the delinquent amount and penalty of 3% per
month”
It’s possible to file in the SSC and file a criminal case to another court,
it will not bar. As long as there is employer-employee relationship.
Dispute – any conflict or controversy

Republic vs Asiapro Cooperative

- Cooperative entered into an agreement with Stanfield Co., Service

Agreement.
- Cooperative wrote SSS to become a self-employed
- SSS cannot be self-employed because they are a manpower agency.