SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
RA 8282
AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM
THEREBY AMENDING FOR THIS PURPOSE, RA 1161, OTHERWISE
KNOWN AS THE SOCIAL SECURITY LAW
Purpose: To extend social security protection to workers and their
beneficiaries, to promote social justice and provide meaningful
protection to members and their beneficiaries against the hazards of:
disability, sickness, maternity, old age, death and other contingencies
resulting in loss of income or financial burden.
Social Security System (SSS):
The SSS shall be controlled and directed by the Social Security
Commission.
Composed of:
 The Secretary of Labor and Employment or his undersecretary
 SSS President
 7 appointive members (3 from the workers’ group, 3 from the
employers’ group, and 1 from the general public with adequate
knowledge and experience on social security, to be appointed by
the President of the Philippines)
The Commission shall submit annually, not later than April 30, a public
report to the President and Congress covering its activities in the
administration and enforcement of this Act, during the preceding year.
The Commission shall have the power to sue and be sued in court.
The Commission shall settle and decide disputes within 20 days after the
submission of evidence. (Disputes with respect to coverage, benefits,
contributions, penalties, and other matter related.) Appealable within 15
days; otherwise, it becomes final.
Definition of Terms:
Employee
 any person who performs services for an employer in which either
or both mental or physical efforts are used
 Receives compensation for such services
 There is an employer-employee relationship
 A self-employed person shall be both employee and employer at
the same time.
Dependents
 Legal spouse
 Legitimate, legitimated, legally-adopted and illegitimate child who
is unmarried, not gainfully employed, and has not reached the age
of 21; if over 21, he is congenitally or while still a minor has been
permanently incapacitated and incapable of self-support
 Parent who is receiving regular support from the member
Compensation
 All actual remuneration for employment, including mandated
cost-of-living allowance
Employment: service performed by employee for employer, except:
 Employment purely casual, not for the purpose of business of
employer
 Service performed in the employ of the Philippine Government or
foreign government
Beneficiaries
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 The dependent spouse until he or she remarries, the dependent
legitimate, legitimated or legally adopted, and illegitimate children,
who shall be the primary beneficiaries of the member
 The dependent illegitimate children shall be entitled to 50% of the
share of the legitimate, legitimated, or legally adopted children
 Secondary beneficiaries in the absence of primary beneficiaries
are the dependent parents of the member.
 In the absence of all foregoing, any other person designated by
the member as secondary beneficiary.
Contingency of Member
 Retirement
 Death
 Disability
 Injury or sickness
 Maternity
Coverage:
A. Compulsory upon all employees not over 60 years of age and their
employers, including domestic helpers with monthly income of
1000 or more
B. Voluntary basis
Retirement Benefits
 For a member who has paid at least 120 monthly contributions (10
years) prior to the semester of retirement, who:
 Has reached the age of 60 years and is already separated
from employment or has ceased to be self-employed; or
 Has reached the age of 65,
Shall be entitled for as long as he lives to the monthly pension.
 The monthly pension shall be suspended upon reemployment or
resumption of self-employment of a retired member less than 65
years old
Death Benefits
 Upon death of a member who has paid at least 36 monthly
contributions (3 years), primary beneficiaries entitled to benefits.
Permanent Disability Benefits
 Upon permanent total disability of a member who has paid at
least 36 monthly contributions (3 years).
 A member who has received a lump sum benefit, and is
reemployed or has resumed self-employment not earlier than 1
year from the date of his disability shall again be subject to
compulsory coverage and shall be considered a new member.
 Recovery from permanent disability shall be cause for suspension
of monthly pension and dependents’ pension.
 The following disabilities shall be deemed permanent total:
 Complete loss of sight of both eyes;
 Loss of 2 limbs at or above the ankle or wrists;
 Permanent complete paralysis of the 2 limbs;
 Rain injury resulting to incurable imbecility or insanity
 Such cases as determined and approved by SSS.
Funeral Benefit
12,000 pesos shall be paid, in cash or in kind, to help defray the cost of
funeral expenses upon death of a member, including permanently totally
disabled member or retiree.
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Based on: Atty. Samson Syllabus
Sickness Benefit
For a member who has paid at least 3 monthly contributions in the
12-month period immediately preceding the semester of sickness or
injury, and is confined for more than 3 days in the hospital.
In no case shall the daily sickness benefit be paid longer than 120 days in
1 year.
The employee member shall notify his employer of the fact of his
sickness or injury within 5 calendar days after the start of his
confinement
Maternity Leave Benefit
For a female member who has paid at least 3 monthly contributions in
the 12-month period immediately preceding the semester of her
childbirth or miscarriage;
Benefit equivalent to 100% of her average daily salary credit for 60 days
or 78 days in case of CS delivery.
The payment of daily maternity benefits shall be a bar to the recovery of
sickness benefits for the same period for which daily maternity benefits
have been received.
The maternity benefits shall be paid only for the first 4 deliveries or
miscarriages.
RA 8291
AN ACT AMENDING PD 1146, EXPANDING AND INCREASING THE
COVERAGE AND BENEFITS OF THE GSIS, INSTITUTING THEREIN AND
FOR OTHER PURPOSES
A.K.A. Government Service Insurance System Act of 1997
GSIS was created by CA186.
Definition of Terms
 Employer: the national government, its political subdivisions,
branches, agencies, or instrumentalities, including GOCCs and
financial institutions with original charters, the constitutional
commissions and the judiciary
 Employee / Member: any person receiving compensation while in
the service of an employer defied, whether by election or
appointment, irrespective of status appointment, including
barangay and sanggunian officials.
 Dependents shall be the following:
1. The legitimate spouse dependent for support upon the
member or pensioner
2. The legitimate, legitimated, legally adopted child, including
the illegitimate child, who is unmarried, not gainfully
employed, not over age of majority, or is over age of
majority but incapacitated and incapable of self-support
3. The parents dependent upon the member for support
 Primary Beneficiaries: the legal dependent spouse until he/she
remarries and the dependent children;
 Secondary beneficiaries: the dependent parents and, subject to
the restrictions on dependent children, the legitimate descendants
JANE BORBE NOTES | JANE BORBE NOTES
 Compensation - basic pay or salary received by an employee,
pursuant to election or appointment, excluding per diems,
bonuses, overtime pay, honoraria, allowances
Define Regular members and special members; exclusions from
coverage.
"SEPARATION BENEFITS
"SEC. 11. Separation Benefits. - The separation benefits shall consist of:
(a) a cash payment equivalent to one hundred percent (100%) of his
average monthly compensation for each year of service he paid
contributions, but not less than Twelve thousand pesos (P12,000)
payable upon reaching sixty (60) years of age upon separation,
whichever comes later: Provided, that the member resigns or separates
from the service after he has rendered at least three (3) years of service
but less than fifteen (15) years; or
"(b) a cash payment equivalent to eighteen (18) times his basic monthly
pension at the time of resignation or separation, plus an old-age pension
benefit equal to the basic monthly pension payable monthly for life upon
reaching the age of sixty (60): Provided, that the member resigns or
separates from the service after he has rendered at least fifteen (15)
years of service and is below sixty (60) years of age at the time of
resignation or separation.
"SEC. 12. Unemployment or Involuntary Separation Benefits. -
Unemployment benefits in the form of monthly cash payments
equivalent to fifty percent (50%) of the average monthly compensation
shall be paid to a permanent employee who is involuntarily separated
from the service due to the abolition of his office or position usually
resulting from reorganization: Provided, That he has been paying
integrated contributions for at least one (1) year prior to separation.
Unemployment benefits shall be paid in accordance with the following
schedules:
"Contributions Made Benefit Duration
1 year but less than 3 years 2 months
3 or more years but less than 6 years 3 months
6 or more years but less than 9 years 4 months
9 or more years but less than 11 years 5 months
11 or more years but less than 15 years 6 months
"The first payment shall be equivalent to two (2) monthly benefits. A
seven-day (7) waiting period shall be imposed on succeeding monthly
payments.
"All accumulated unemployment benefits paid to the employee during
his entire membership with the GSIS shall be deducted from voluntary
separation benefits.
"The GSIS shall prescribe the detailed guidelines in the operationalization
of this section in the rules and regulations implementing this Act.
"RETIREMENT BENEFITS
"SEC. 13. Retirement Benefits. - (a) Retirement benefits shall be:
"(1) the lump sum payment as defined in this Act payable at the time of
retirement plus an old-age pension benefit equal to the basic monthly
pension payable monthly for life, starting upon expiration of the
five-year (5) guaranteed period covered by the lump sum; or
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Based on: Atty. Samson Syllabus
"(2) cash payment equivalent to eighteen (18) months of his basic
monthly pension plus monthly pension for life payable immediately with
no five-year (5) guarantee.
"(b) Unless the service is extended by appropriate authorities, retirement
shall be compulsory for an employee of sixty-five (65) years of age with
at least fifteen (15) years of service: Provided, That if he has less than
fifteen (15) years of service, he may be allowed to continue in the service
in accordance with existing civil service rules and regulations.
"SEC. 13-A. Conditions for Entitlement. - A member who retires from the
service shall be entitled to the retirement benefits enumerated in
paragraph (a) of Section 13 hereof: Provided, That:
(1) he has rendered at least fifteen years of service;
(2) he is at least sixty (60) years of age at the time of retirement; and
(3) he is not receiving a monthly pension benefit from permanent total
disability.
"SEC. 14. Periodic Pension Adjustment. - The monthly pension of all
pensioners including all those receiving survivorship pension benefits
shall be periodically adjusted as may be recommended by the GSIS
actuary and approved by the Board in accordance with the rules and
regulations prescribed by the GSIS.
"PERMANENT DISABILITY BENEFITS
"SEC. 15. General Conditions for Entitlement. - A member who suffers
permanent disability for reasons not due to his grave misconduct,
notorious negligence, habitual intoxication, or willful intention to kill
himself or another, shall be entitled to the benefits provided for under
Sections 16 and 17 immediately following, subject to the corresponding
conditions thereof.
"SEC. 16. Permanent Total Disability Benefits. - (a) If the permanent
disability is total, he shall receive a monthly income benefit for life equal
to the basic monthly pension effective from the date of disability:
Provided, That:
(1) he is in the service at the time of disability; or
(2) if separated from the service, he has paid at least thirty-six (36)
monthly contributions within the five (5) year period immediately
preceding disability, or has paid a total of at least one hundred eighty
(180) monthly contributions, prior to his disability: Provided, further,
That if at the time of disability, he was in the service and has paid a total
of at least one hundred eighty (180) monthly contributions, in addition
to the monthly income benefit, he shall receive a cash payment
equivalent to eighteen (18) times his basic monthly pension: Provided,
finally, That a member cannot enjoy the monthly income benefit for
permanent disability and the old-age retirement simultaneously.
"(b) If a member who suffers permanent total disability does not satisfy
conditions (1) and (2) in paragraph (a) of this section but has rendered at
least three (3) years of service at the time of his disability, he shall be
advanced the cash payment equivalent to one hundred percent (100%)
of his average monthly compensation for each year of service he paid
contributions, but not less than Twelve thousand pesos (P12,000.00)
which should have been his separation benefit.
"(c) Unless the member has reached the minimum retirement age,
disability benefit shall be suspended when:
"(1) he is reemployed; or
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"(2) he recovers from his disability as determined by the GSIS, whose
decision shall be final and binding; or
"(3) he fails to present himself for medical examination when required by
the GSIS.
"(d) The following disabilities shall be deemed total and permanent:
"(1) complete loss of sight of both eyes;
"(2) loss of two (2) limbs at or above the ankle or wrist;
"(3) permanent complete paralysis of two (2) limbs;
"(4) brain injury resulting in incurable imbecility or insanity; and
"(5) such other cases as may be determined by the GSIS.
"SEC. 17. Permanent Partial Disability Benefits. - (a) If the disability is
partial, he shall receive a cash payment in accordance with a schedule of
disabilities to be prescribed by the GSIS: Provided, That he satisfies either
conditions (1) or (2) of Section 16 (a);
"(b) The following disabilities shall be deemed permanent partial:
"(1) complete and permanent loss of the use of:
(i) any finger
(ii) any toe
(iii) one arm
(iv) one hand
(v) one foot
(vi) one leg
(vii) one or both ears
(viii) hearing of one or both ears
(ix) sight of both eyes
"(2) such other cases as my be determined by the GSIS.
"TEMPORARY DISABILITY BENEFITS
"SEC. 18. Temporary Total Disability Benefits. - (a) A member who suffers
temporary total disability for reasons not due to any of the conditions
enumerated in Section 15 hereof shall be entitled to seventy-five percent
(75%) of his current daily compensation for each day or fraction thereof
of temporary disability benefit not exceeding one hundred twenty (120)
days in one calendar year after exhausting all his sick leave credits and
collective bargaining agreement sick leave benefits, if any, but not earlier
than the fourth day of his temporary total disability: Provided, That:
"(1) he is in the service at the time of his disability; or
"(2) if separated, he has rendered at least three (3) years of service and
has paid at least six (6) monthly contributions in the twelve-month
period immediately preceding his disability.
"Provided, however, That a member cannot enjoy the temporary total
disability benefit and sick leave pay simultaneously: Provided, further,
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Based on: Atty. Samson Syllabus
That if the disability requires more extensive treatment that lasts beyond
one hundred twenty (120) days, the payment of the temporary total
disability benefit may be extended by the GSIS but not to exceed a total
of two hundred forty (240) days.
"(b) The temporary total disability benefit shall in no case be less than
Seventy pesos (P70.00) a day.
"(c) The notices required of the member and the employer, the mode of
payment, and the other requirements for entitlement to temporary total
disability benefits shall be provided in the rules and regulations to be
prescribed by the GSIS.
"SEC. 19. Non-scheduled Disability. - For injuries or illnesses resulting in a
disability not listed in the schedule of partial/total disability provided
herein, the GSIS shall determined the nature of the disability and the
corresponding benefits therefor.
"SURVIVORSHIP BENEFITS
"SEC. 20. Survivorship Benefits. - When a member or pensioner dies, the
beneficiaries shall be entitled to survivorship benefits provided in
Sections 21 and 22 hereunder subject to the conditions therein provided
for. The survivorship pension shall consist of:
(1) the basic survivorship pension which is fifty percent (50%) of the
basic monthly pension; and
(2) the dependent children’s pension not exceeding fifty percent (50%)
of the basic monthly pension
"SEC. 21. Death of a Member. - (a) Upon the death of a member, the
primary beneficiaries shall be entitled to:
(1) survivorship pension: Provided, That the deceased:
(i) was in the service at the time of his death; or
(ii) if separated from the service, has at least three (3) years of service at
the time of his death and has paid thirty-six (36) monthly contributions
within the five-year period immediately preceding his death; or has paid
a total of at least one hundred eighty (180) monthly contributions prior
to his death; or
(2) the survivorship pension plus a cash payment equivalent to one
hundred percent (100%) of his average monthly compensation for every
year of service: Provided, That the deceased was in the service at the
time of his death with at least three (3) years of service; or
(3) a cash payment equivalent to one hundred percent (100%) of his
average monthly compensation for each year of service he paid
contributions, but not less than Twelve thousand pesos (P12,000.00):
Provided, That the deceased has rendered at least three (3) years of
service prior to his death but does not qualify for the benefits under item
(1) or (2) of this paragraph.
(b) The survivorship pension shall be paid as follows:
(1) when the dependent spouse is the only survivor, he/she shall receive
the basic survivorship pension for life or until he/she remarries;
(2) when only dependent children are the survivors, they shall be
entitled to the basic survivorship pension for as long as they are qualified,
plus the dependent children’s pension equivalent to ten percent (10%) of
the basic monthly pension for every dependent child not exceeding five
(5), counted from the youngest and without substitution;
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(3) when the survivors are the dependent spouse and the dependent
children, the dependent spouse shall receive the basic survivorship
pension for life or until he/she remarries, and the dependent children
shall receive the dependent children’s pension mentioned in the
immediately preceding paragraph (2) hereof.
(c) In the absence of primary beneficiaries, the secondary beneficiaries
shall be entitled to:
(1) the cash payment equivalent to one hundred percent (100%) of his
average monthly compensation for each year of service he paid
contributions, but not less than Twelve thousand pesos (P12,000.00):
Provided, That the member is in the service at the time of his death and
has at least three (3) years of service; or
(2) in the absence of secondary beneficiaries, the benefits under this
paragraph shall be paid to his legal heirs.
(d) For purposes of the survivorship benefits, legitimate children shall
include legally adopted and legitimated children.
"SEC. 22. Death of a Pensioner. - Upon the death of an old-age pensioner
or a member receiving the monthly income benefit for permanent
disability, the qualified beneficiaries shall be entitled to the survivorship
pension defined in Section 20 of this Act, subject to the provisions of
paragraph (b) of Section 21 hereof. When the pensioner dies within the
period covered by the lump sum, the survivorship pension shall be paid
only after the expiration of the said period.
"FUNERAL BENEFITS
"SEC. 23. Funeral Benefits. - The amount of the funeral benefits shall be
determined and specified by the GSIS in the rules and regulations but
shall not be less than Twelve thousand pesos (P12,000.00): Provided,
That it shall be increased to at least Eighteen thousand pesos
(P18,000.00) after five (5) years and shall be paid upon the death of:
(a) an active member as defined under Section 2 (e) of this Act; or
(b) a member who has been separated from the service, but who may be
entitled to future benefit pursuant to Section 4 of this Act; or
(c) a pensioner, as defined in Section 2 (o) of this Act; or
(d) a retiree who at the time of his retirement was of pensionable age
under this Act but who opted to retire under Republic Act No. 1616.
"LIFE INSURANCE BENEFITS
"SEC. 24. Compulsory Life Insurance. - All employees except for Members
of the Armed Forces of the Philippines (AFP) and the Philippine National
Police (PNP) shall, under such terms and conditions as may be
promulgated by the GSIS, be compulsorily covered with life insurance,
which shall automatically take effect as follows:
(1) for those employed after the effectivity of this Act, their insurance
shall take effect on the date of their employment;
(2) for those whose insurance will mature after the effectivity of this Act,
their insurance shall be deemed renewed on the day following the
maturity or expiry date of their insurance;
(3) for those without any life insurance as of the effectivity of this Act,
their insurance shall take effect following said effectivity.
"SEC. 25. Dividends. - An annual dividend may be granted to all members
of the GSIS whose life insurance is in force for at least one (1) year in
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SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
accordance with a dividends allocation formula to be determined by the
GSIS.
"SEC. 26. Optional Insurance. - Subject to the rules and regulations
prescribed by the GSIS, a member may apply for insurance and/or
pre-need coverage embracing life, health, hospitalization, education,
memorial plans, and such other plans as may be designed by the GSIS,
for himself and/or his dependents. Any employer may likewise apply for
group insurance coverage for its employees. The payment of the
premiums/installments for optional insurance and pre-need products
may be made by the insured or his employer and/or any person
acceptable to the GSIS.
"SEC. 27. Reinsurance. - The GSIS may reinsure any of its interests or part
thereof with any private company or reinsurer whether domestic of
foreign: Provided, That the GSIS shall submit an annual report on its
reinsurance operations to the Insurance Commission.
RA 7699
An Act Instituting Limited Portability Scheme in the Social Security
Insurance Systems by Totalizing the Worker’s Creditable Services or
Contributions in Each of the Systems
Purpose:
 To promote the welfare of our workers by recognizing their efforts
in productive endeavors
 To further improve their conditions by providing benefits for their
long years of contribution to the national economy
 To institute a scheme for totalization and portability of social
security benefits with the view of establishing within a reasonable
period a unitary social security system
Contributions - paid by the employee or worker to the GSIS or SSS on
account of membership
Portability - transfer of funds for the account and benefit of a worker
who transfers from one system to the other
Sector - employment, either in public or private sector
System - refers to the SSS or GSIS
Totalization - process of adding up the periods of creditable services or
contributions under each of the systems, for purposes of eligibility and
computation of benefits
Section 3: A covered worker who transfers employment from one sector
to another, or who is employed in both sectors shall have his creditable
services or contributions in both Systems to his service or contribution in
each of the Systems and shall be totalized, for purposes of:
1. Old age;
2. Disability;
3. Survivorship; and
4. Other benefits
Provided, the overlapping periods of membership shall be credited only
once for purposes of totalization.
Section 4: All contributions paid by such member personally, and those
that were paid by his employers to both Systems shall be considered in
the processing of benefits which he can claim for either or both Systems.
JANE BORBE NOTES | JANE BORBE NOTES
PD 626
FURTHER AMENDING CERTAIN ARTICLES OF PD 442 ENTITLED, LABOR
CODE OF THE PHILIPPINES
Policy: For the State to promote and develop a tax-exempt employees’
compensation program whereby employees and their dependents, in the
event of work-connected disability or death, may promptly secure
adequate income benefit and medical or related benefits.
Employee:
 Any person compulsorily covered by GSIS including members of
the AFP and any person employed as casual, emergency,
temporary, substitute or contractual;
 Any person compulsorily covered by SSS
Dependents:
 Legitimate, legitimated or legally adopted child who is unmarried,
not gainfully employed, and not over 18 y/o, or who is over 18y/o
but not over 21 enrolled in school, or over 21 who is congenitally
incapacitated and incapable of self-support;
 The legitimate spouse of said employee wholly dependent upon
him for regular support
Beneficiaries:
 Dependent spouse until he remarries and dependent children who
are the primary beneficiaries;
 Secondary beneficiaries are dependent parents, and illegitimate
children and legitimate descendants\
Injury:
 Harmful change in the human organism sustained at work carried
out during working hours at the workplace or elsewhere while
executing an order for the employer
Sickness:
 Illness accepted as an occupational disease listed by the
Commission; or
 Any illness caused by employment subject to proof by the
employee that the risk of contracting the same is increased by
working conditions
Article 166. Compulsory coverage. — Coverage in the State Insurance
Fund shall be compulsory upon all employers and their employees not
over sixty years of age: Provided, That an employee who is over sixty
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: Provided, further, That in case of an employee
who is both covered by the SSS and GSIS, only his employment under the
GSIS shall be considered for purposes of his coverage.
Article 167. Foreign employment. — The Commission shall ensure
adequate coverage of Filipino employees employed abroad, subject to
regulations as it may prescribe.
Article 170. Limitation of liability. — The State Insurance Fund shall be
liable for compensation to the employee or his dependents, except when
the disability or death was occasioned by the employee's intoxication,
willful intention to injure or kill himself or another, notorious negligence,
or otherwise provided under this Title.
Article 171. Exclusiveness of liability. — Unless otherwise provided, the
liability of the State Insurance Fund under this Title shall be exclusive and
in place of all other liabilities of the employer to the employee, his
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SOCIAL LEGISLATION
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dependents or anyone otherwise entitled to receive damages on behalf
of the employee or his dependents.
Article 172. Liability of third parties. — (a) When the disability or death is
caused by circumstances creating a legal liability against a third party,
the disabled employee or the dependents in case of his death shall have
the option either to claim for benefit from the System under this Title or
to sue such third party for damages in accordance with law. In case
benefit is claimed and allowed under this Title, the System shall be
subrogated to the rights of the disabled employee or the dependents in
case of his death in accordance with the general law.
(b) Where the System recovers from such third party damages in excess
of those paid or allowed under this Title, such excess shall be delivered
to the disabled employee or other persons entitled thereto, after
deducting the cost of proceedings and expenses of the System. The Proof
of payment of compensation under this Title shall be admissible as
evidence in any damage suit or action.
Article 173. Deprivation of benefits. — Except as otherwise provided
under this Title, no contract, regulation or device whatsoever shall
operate to deprive the employee or his dependents of any part of the
income benefits, and medical or related services granted under this Title.
Existing medical services being provided by the employer shall be
maintained and continued to be enjoyed by their employees.
Medical Benefits:
Refusal of examination or treatment. — If the employee unreasonably
refuses to submit to medical examination or treatment the System shall
stop the payment of further compensation during such time as such
refusal continues. What constitutes an unreasonable refusal shall be
determined by the System which may on its own initiative determine the
necessity character, and sufficiency of any medical services furnished or
to be furnished.
Disability Benefits
The following disabilities shall be deemed total and permanent:
(1) Temporary total disability lasting continuously for more than one
hundred twenty days;
(2) Complete loss of sight of both eyes;
(3) Lost of two limbs at or above the ankle or wrist;
(4) Permanent complete paralysis of two limbs;
(5) Brain injury resulting in incurable imbecility or insanity; and
(6) Such cases as determined by the Medical Director of the System and
approved by the Commission.
xxx
Money Claims. — All money claims arising from employer-employee
relations accruing during the effectivity of this Code shall be filed within
three (3) years from the time the cause of action accrued; otherwise
they shall be forever barred.
JANE BORBE NOTES | JANE BORBE NOTES
RA 9241
AN ACT AMENDING RA 7875, OTHERWISE KNOWN AS”
AN ACT INSTITUTING A NATIONAL HEALTH INSURANCE PROGRAM
FOR ALL FILIPINOS AND ESTABLISHING THE PHILIPPINE HEALTH
INSURANCE CORPOARATION FOR THE PURPOSE”
Policy: The State shall adopt an integrated and comprehensive approach
to health development which shall endeavor to make essential goods,
health and other social security services available to all the people at
affordable cost.
Some of the Principles:
1. Allocation of National Resources for Health - to give priority to
heath as a strategy for bringing about faster economic
development
2. Universality - to provide all citizens with the mechanism to gain
financial access to health services
3. Equity - provide uniform basic benefits. Access to care must be a
function of a person’s health needs rather than his ability to pay.
4. Responsiveness - program shall adequately meed the needs for
personal health services at various stages of a member’s life;
5. Social solidarity - program shall be guided by community spirit.
Dependent
The legal dependents of a member are:
1) the legitimate spouse who is not a member;
2) the unmarried and unemployed legitimate, legitimated, illegitimate,
acknowledged children as appearing in the birth certificate; legally
adopted or step-children below twenty-one (21) years of age;
3) children who are twenty-one (21) years old and above but suffering
from congenital disability, either physical or mental, or any disability
acquired that renders them totally dependent on the member of our
support;
4) the parents who are sixty (60) years old or above whose monthly
income is below an amount to be determined by the Corporation
Means Test
A protocol administered at the barangay level to determine the ability of
individuals or households to pay varying levels of contributions to the
Program, ranging from the indigent in the community whose
contributions should be totally subsidized by the government, to those
who can afford to subsidize part but not all the required contributions
for the Program.
Excluded Personal Health Services.-
The benefits granted under this Act shall not cover expenses for the
services enumerated hereunder except when the Corporation, after
actuarial studies, recommends their inclusion subject to the approval of
the Board:
(a) non-prescription drugs and devices;
(b) alcohol abuse or dependency treatment;
(c) cosmetic surgery;
(d) optometric services;
(e) fifth and subsequent normal obstetrical deliveries; and
6
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
(f) cost-ineffective procedures, which shall be defined by the
Corporation.
Entitlement to Benefits
A member whose premium contributions for at least three (3) months
have been paid within the six (6) months prior to the first day of his or
his dependents’ availment, shall be entitled to the benefits of the
Program: Provided, That such member can show that he contributes
thereto with sufficient regularity, as evidenced in their health insurance
ID card: and Provided further, That he is not currently subject to legal
penalties as provided for in Section 44 of this Act.
The following need not pay the monthly contributions to be entitled to
the Program’s benefits:
 Retirees and pensioners of the SSS and GSIS prior to the effectivity
of this Act;
 Members who reach the age of retirement as provided for by law
and have paid at least one hundred twenty (120) monthly
contributions; and
 Enrolled indigents.
Grievance and Appeal Procedures.
A member, his dependent, or a health care provider may file a complaint
for grievance based on any of the above grounds, in accordance with the
following procedures;
 A complaint for grievance must be filed with the Office which shall
rule on the complaint within ninety (90) calendar days from
receipt thereof.
 Appeals from Office decisions must be filed with the Board within
thirty (30) days from receipt of notice of dismissal or disallowance
by the Office.
 The Offices shall have no jurisdiction over any issue involving the
suspension or revocation of accreditation, the imposition of fines,
or the imposition of charges on members or their dependents in
case of revocation of their entitlement.
All decisions by the Board as to entitlement to benefits of members or to
payments of health care providers shall be considered final and
executory.
RA 9679
AN ACT FURTHER STRENGTHENING THE HOME DEVELOPMENT
MUTUAL FUND AND FOR OTHER PURPOSES
This act shall be known as the Home Development Mutual Fund Law of
2009, otherwise known as the Pag-IBIG (Pagtulungan sa kinabukasan:
Ikaw, Bangko, Industriya at Gobyerno) Fund.
Policy: To establish, develop, promote and integrate a nationwide sound
and viable tax-exempt mutual provident savings system suitable to the
needs of the employed and other earning groups.
Objectives:
 To improve the quality of life of its citizens by providing them with
sufficient shelter
 To provide for an integrated nationwide provident savings system
 To provide housing through mobilization of funds for shelter
finance.
Definition of Terms:
JANE BORBE NOTES | JANE BORBE NOTES
 Dependents: the legal dependents of a deceased member, as
defined under the Family Code
 Investible Funds: funds available after deducting cost of
operations and expenses, administrative and general expenses,
reserves for benefit claims
 Membership Term: 20 years commencing from the first day of the
month of initial contribution; provided, that he shall have
contributed a total of 240 monthly contributions at the time of
maturity; Resignation, lay-off or suspension from employment
may not necessarily constitute a ground for membership
termination, except for suspension of contributions.
 Permanent Total Disability: loss or impairment of a physical and
mental function resulting from injury or sickness which completely
incapacitates a member to perform any work or engage in any
business or occupation
Fund Coverage:
 All employees covered by the SSS and the GSIS, and their
respective employers;
 Uniformed members of the AFP, Bureau of Fire Protection, Bureau
of Jail Management and Penology, Philippine National Police
 Filipinos employed by foreign-based employers
 Spouses who devote full-time to managing the household and
family affairs, unless they also engage in another vocation or
employment which is subject to mandatory coverage, may be
covered by the Fund on a voluntary basis adopting as a basis of
contributions (1/2) of the monthly compensation income of the
employed spouse.
 Coverage may also be extended to other working groups, with or
without employer contributions, as may be determined by the
Board.
Remittance of Contributions
 Every employer required to set aside and remit such contributions
as prescribed under this Act shall he liable for their payment, and
nonpayment shall further subject the employer to a penalty of
three percent (3%) per month of the amounts payable from the
date the contributions fall due until paid.
 It shall be mandatory and compulsory for all government
instrumentalities, agencies, including government-owned and
-controlled corporations, to provide the payment of contributions
in their annual appropriations. Penal sanctions shall be imposed
upon these employers who fail to include the payment of
contributions on time, or delay the remittance of the required
contributions to the Fund. The heads of offices and agencies shall
be administratively liable for non-remittance of the required
contributions to the Fund.
The right to institute the necessary action against the employer may be
commenced within twenty (20) years from the time delinquency is
known or the assessment is made by the Fund, or from the time the
benefit accrues, as the case may be.
7
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
Notes from cases:
Phil Blooming Mills vs. SSS:
 Aliens employed in the Philippines are compulsorily covered by
SSS. Aliens who are employed temporarily and whose visas are
only for fixed terms shall, upon their departure from the
Philippines, be entitled to a rebate of a proportionate amount of
their contributions; their employers shall be entitled to the same
proportionate rebate of their contributions in behalf of said aliens
employed by them.
 The amended Rules were promulgated and approved by President
on January 14, 1958 and published in November 10, 1958.
 The Rules promulgated by the SSS said nothing about requiring a
membership of 2 years before refund may be allowed. But the
amendment to this (requiring 2 years membership) was approved
after the employment of the Japanese technicians had ceased and
the corresponding claim for the refund of the premium
contributions was filed with the system.
 The original rules of the SSS specifically provide that any
amendment adopted shall take effect on the date of its approval
by the President.
 It follows that when the Japanese technicians were separated
from employment in October 1958, the rule governing refund of
premiums is Rule IX of the amended Rules, which requires
membership of 2 years before such refund may be allowed.
Poblete Construction vs. SSS
 It was the duty of the employer to "report immediately to the
System" his name, age, civil status, occupation, salary and
dependents. Compliance with this duty did not depend upon the
employee's willingness to give his share of the contribution.
Section 24 is mandatory, to such an extent that if the employee
should die or become sick or disabled without the report having
been made by the employer, the latter is liable for an amount
equivalent to the benefits to which the employee would have
been entitled had such report been made.
 It is true that the provision uses the word "damages" in referring
to the amount that may be claimed. But this fact alone does not
mean that the Social Security Commission lacks jurisdiction to
award the same. Section 5(a) of the Social Security Act provides
that "the filing, determination and settlement of claims shall be
governed by the rules and regulations promulgated by the
Commission;" and the rules and regulations thus promulgated
state that "the effectivity of membership in the System, as well as
the final determination and settlement of claims, shall be vested
in the Commission."
 The term "claims" is broad enough to include a claim for
"damages" under Section 24. Otherwise an employer could nullify
the jurisdiction of the Commission by the simple expedient of not
making a report as required by said Section. The collection of the
employee's share is a duty imposed by law, and his unwillingness
to have it deducted from his salary does not excuse the
employer's failure to make the report aforesaid. It is precisely in
this situation that the employer is liable, and there is no question
as to the amount of such liability in this case.
Reynaldo Chua vs. SSS:
 Well-settled is the rule that the mandatory coverage of Republic
Act No. 1161, as amended, is premised on the existence of an
employer-employee relationship, the essential elements of which
are: (a) selection and engagement of the employee; (b) payment
of wages; (c) the power of dismissal; and (d) the power of control
with regard to the means and methods by which the work is to be
JANE BORBE NOTES | JANE BORBE NOTES
accomplished, with the power of control being the most
determinative factor.
 The existence of an employer-employee relationship between the
parties can easily be determined by the application of the "control
test," the elements of which are enumerated above. It is clear that
private respondents are employees of petitioner, the latter having
control over the results of the work done, as well as the means
and methods by which the same were accomplished. Suffice it to
say that regardless of the nature of their employment, whether it
is regular or project, private respondents are subject of the
compulsory coverage under the SSS Law, their employment not
falling under the exceptions provided by the law.
 RA 1161 as amended, prescribes a period of 20 years, from the
time the delinquency is known or assessment is made by the SSS,
within which to file a claim for non-remittance against employers.
Ben Sta. Rita vs. SSS
 What the Memorandum of Agreement did was to record the
understanding between the SSS on the one hand and the DOLE on
the other hand that the latter would include among the provisions
of the Standard Contract of Employment required in case of
overseas employment, a stipulation providing for coverage of the
Filipino seafarer by the SSS. The Memorandum of Agreement is
not an implementing rule or regulation of the Social Security
Commission which, under Section 4 (a) abovequoted, is subject to
the approval of the President. Indeed, as a matter of strict law, the
participation of the SSS in the establishment by the DOLE of a
uniform stipulation in the Standard Contract of Employment for
Filipino seafarer was not necessary; the Memorandum of
Agreement related simply to the administrative convenience of
the two (2) agencies of government.
 It may be noted that foreign shipowners and manning agencies
had generally expressed their conformity to the inclusion of
Filipino seafarers within the coverage of the Social Security Act
even prior to the signing of the DOLE SSS Memorandum of
Agreement.
 It may be noted that foreign shipowners and manning agencies
had generally expressed their conformity to the inclusion of
Filipino seafarers within the coverage of the Social Security Act
even prior to the signing of the DOLE SSS Memorandum of
Agreement.
SSS vs. Aguas
 Under Section 8(e) of RA 1161, as amended, only legally adopted
children are considered dependent children. There must be legal
papers to prove legal adoption.
 On the claims of Rosanna, it bears stressing that for her to qualify
as a primary beneficiary, she must prove that she was "the
legitimate spouse dependent for support from the employee." The
claimant-spouse must therefore establish two qualifying factors:
(1) that she is the legitimate spouse, and (2) that she is dependent
upon the member for support. In this case, Rosanna presented
proof to show that she is the legitimate spouse of Pablo, that is, a
copy of their marriage certificate which was verified with the civil
register by petitioner.
 But a wife who is already separated de facto from her husband
cannot be said to be "dependent for support" upon the husband,
absent any showing to the contrary. Conversely, if it is proved that
the husband and wife were still living together at the time of his
death, it would be safe to presume that she was dependent on the
husband for support, unless it is shown that she is capable of
providing for herself.
8
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
Elena Dycaico vs. SSS
For clarity, Section 12-B(d) of Rep. Act No. 8282 is quoted anew below:
Sec. 12-B. Retirement Benefits. –
(d) Upon the death of the retired member, his primary beneficiaries as of
the date of his retirement shall be entitled to receive the monthly
pension. …
Under Section 8(k) of the same law, the "primary beneficiaries" are:
1. The dependent spouse until he or she remarries; and
2. The dependent legitimate, legitimated or legally adopted, and
illegitimate children.
Further, the "dependent spouse" and "dependent children" are qualified
under paragraph (e) of the same section as follows:
1. The legal spouse entitled by law to receive support until he or she
remarries; and
2. The dependent legitimate, legitimated or legally adopted, and
illegitimate child who is unmarried, not gainfully employed and has not
reached twenty-one (21) years of age, or if over twenty-one years of age,
he is congenitally or while still a minor has been permanently
incapacitated and incapable of self-support, physically or mentally.
The SSS denied the petitioner’s application for survivor’s pension on the
sole ground that she was not the legal spouse of Bonifacio "as of the
date of his retirement;" hence, she could not be considered as his
primary beneficiary under Section 12-B(d) of Rep. Act No. 8282.
The Court holds that the proviso "as of the date of his retirement" in
Section 12-B(d) of Rep. Act No. 8282, which qualifies the term "primary
beneficiaries," is unconstitutional for it violates the due process and
equal protection clauses of the Constitution.
The proviso "as of the date of his retirement" in Section 12-B(d) of Rep.
Act No. 8282 which qualifies the term "primary beneficiaries" results in
the classification of dependent spouses as primary beneficiaries into two
groups:
(1) Those dependent spouses whose respective marriages to SSS
members were contracted prior to the latter’s retirement; and
(2) Those dependent spouses whose respective marriages to SSS
members were contracted after the latter’s retirement.
Underlying these two classifications of dependent spouses is that their
respective marriages are valid. In other words, both groups are
legitimate or legal spouses. The distinction between them lies solely on
the date the marriage was contracted.
 Classifying dependent spouses and determining their entitlement
to survivor’s pension based on whether the marriage was
contracted before or after the retirement of the other spouse,
regardless of the duration of the said marriage, bears no relation
to the achievement of the policy objective of the law, i.e., "provide
meaningful protection to members and their beneficiaries against
the hazard of disability, sickness, maternity, old age, death and
other contingencies.
 The proviso "as of the date of his retirement" in Section 12-B(d)
which deprives the petitioner and those similarly situated
dependent spouses of retired SSS members this opportunity to be
heard must be struck down.
JANE BORBE NOTES | JANE BORBE NOTES
Fil-Star Maritime Corp. Vs. Rosete
 There is no quibble that respondent is entitled to disability
benefits. The Standard Employment Contract (SEC) for seafarers
was created by the Philippine Overseas Employment
Administration (POEA) pursuant to its mandate under Executive
Order (E.O.) No. 24724 dated July 21, 1987 to "secure the best
terms and conditions of employment of Filipino contract workers
and ensure compliance therewith" and to "promote and protect
the well-being of Filipino workers overseas."
 In this case, respondent was diagnosed with Central Retinal Vein
Occlusion of his left eye. Central retinal vein occlusion is medically
defined as the blockage of the central retinal vein by a thrombus.
It causes painless vision loss which is usually sudden, but it can
also occur gradually over a period of days to weeks. This condition,
despite numerous medical procedures undertaken, eventually led
to a total loss of sight of respondent’s left eye. Loss of one bodily
function falls within the definition of disability which is essentially
"loss or impairment of a physical or mental function resulting from
injury or sickness." It is important to note that, Section 20 (B),
paragraph (4) states that "those illnesses not listed in Section 32 of
this Contract are disputably presumed as work-related."
 The disputable presumption that a particular injury or illness that
results in disability, or in some cases death, is work-related stands
in the absence of contrary evidence. In the case at bench, the said
presumption was not overturned by the petitioners. Although, the
employer is not the insurer of the health of his employees, he
takes them as he finds them and assumes the risk of liability.
 A total disability does not require that the employee be
completely disabled, or totally paralyzed. What is necessary is that
the injury must be such that the employee cannot pursue his or
her usual work and earn from it. On the other hand, a total
disability is considered permanent if it lasts continuously for more
than 120 days. What is crucial is whether the employee who
suffers from disability could still perform his work notwithstanding
the disability he incurred.
Mendoza vs. People of the Philippines
 On January 7, 2010, during the pendency of the petitioner’s case
before the Court, then President Gloria Macapagal-Arroyo signed
RA No. 9903 into law. RA No. 9903 mandates the effective
withdrawal of all pending cases against employers who would
remit their delinquent contributions to the SSS within a specified
period, viz., within six months after the law’s effectivity.
 The clear intent of the law is to grant condonation only to
employers with delinquent contributions or pending cases for
their delinquencies and who pay their delinquencies within the six
(6)-month period set by the law. Mere payment of unpaid
contributions does not suffice; it is payment within, and only
within, the six (6)-month availment period that triggers the
applicability of RA No. 9903.
 RA No. 9903 creates two classifications of employers delinquent in
remitting the SSS contributions of their employees: (1) those
delinquent employers who pay within the six (6)-month period
(the former group), and (2) those delinquent employers who pay
outside of this availment period (the latter group). The creation of
these two classes is obvious and unavoidable when Section 2 and
the last proviso of Section 48 of the law are read together. The
same provisions show the law’s intent to limit the benefit of
condonation to the former group only; had RA No. 9903 likewise
intended to benefit the latter group, which includes the petitioner,
it would have expressly declared so. Laws granting condonation
constitute an act of benevolence on the government’s part, similar
to tax amnesty laws; their terms are strictly construed against the
applicants.
9
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
Imaculada Garcia vs. SSS
 A simplistic interpretation of the law is untenable. It is a rule in
statutory construction that every part of the statute must be
interpreted with reference to the context, i.e., that every part of
the statute must be considered together with the other parts, and
kept subservient to the general intent of the whole enactment.
The liability imposed as contemplated under the foregoing Section
28(f) of the Social Security Law does not preclude the liability for
the unremitted amount. Relevant to Section 28(f) is Section 22 of
the same law.
 SEC. 22. Remittance of Contributions. -- (a) The contributions
imposed in the preceding Section shall be remitted to the SSS
within the first ten (10) days of each calendar month following the
month for which they are applicable or within such time as the
Commission may prescribe. Every employer required to deduct
and to remit such contributions shall be liable for their payment
and if any contribution is not paid to the SSS as herein prescribed,
he shall pay besides the contribution a penalty thereon of three
percent (3%) per month from the date the contribution falls due
until paid. If deemed expedient and advisable by the Commission,
the collection and remittance of contributions shall be made
quarterly or semi-annually in advance, the contributions payable
by the employees to be advanced by their respective employers:
Provided, That upon separation of an employee, any contribution
so paid in advance but not due shall be credited or refunded to his
employer.
 Under Section 22(a), every employer is required to deduct and
remit such contributions penalty refers to the 3% penalty that
automatically attaches to the delayed SSS premium contributions.
The spirit, rather than the letter of a law determines construction
of a provision of law. It is a cardinal rule in statutory construction
that in interpreting the meaning and scope of a term used in the
law, a careful review of the whole law involved, as well as the
intendment of the law, must be made.24 Nowhere in the
provision or in the Decision can it be inferred that the persons
liable are absolved from paying the unremitted premium
contributions.
 A director of the Corporation is among those officers covered by
Section 28 (f) of the SSS.
 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.
SSS vs. CA and Ayalde
 The mandatory coverage under the SSS Law (Republic Act No.
1161, as amended by PD 1202 and PD 1636) is premised on the
existence of an employer-employee relationship, and Section 8(d)
defines an "employee" as "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 where
there is an employer-employee relationship." The essential
elements of an employer-employee relationship are: (a) the
selection and engagement of the employee; (b) the payment of
wages; (c) the power of dismissal; and (d) the power of control
with regard to the means and methods by which the work is to be
accomplished, with the power of control being the most
determinative factor.
Iloilo Doc Vs. Workmen’s Compensation Commission
General Rule in WCA in the Going and Coming Rule: In the absence of
special circumstances, an employee injured in going to or coming from
his place of work is excluded from benefits of WCA.
JANE BORBE NOTES | JANE BORBE NOTES
Exceptions:
 Where the EE is proceeding to or from his work on the premises of
his ER
 Where the EE is about to enter or about to leave the premises of
his ER by way of the exclusive or customary means of ingress and
egress
 Where the EE is charged, while on his way to or from his place of
employment or at his home, or during his employment, with some
duty or special errand connected with his employment; and
 Where the ER, as an incident of the employment, provides the
means of transportation to and from the place of employment.
The Ampil ruling was applied here: the place where the employee was
injured being “immediately proximate to his place of work, the accident
in question must be deemed to have occurred within the zone of this
employment and therefore arose out of and in the course thereof.
Workmen’s Compensation Act must be liberally construed to attain the
purpose for which it was enacted.
Belarmino vs. ECC and GSIS
Rule III, Sec. 1 of the Amended Rules on Employees’ Compensation
enumerates the grounds for compensability of injury resulting in
disability or death of an employee:
Sec. 1. Grounds – (a) For the injury and the resulting disability or death
to be compensable, the injury must be the result of an employment
accident satisfying all of the following conditions:
(1)The employee must have been injured at the place where his work
requires him to be;
(2)The employee must have been performing his official functions; and
(3)If the injury is sustained elsewhere, the employee must have been
executing an order for the employer.
(b) For the sickness and the resulting disability or death to be
compensable, the sickness must be the result of an occupational disease
listed under Annex A of these Rules with the conditions set therein
satisfied; otherwise, proof must be shown that the risk of contracting the
disease is increased by the working conditions.
(c) Only injury or sickness that occurred on or after January 1, 1975 and
the resulting disability or death shall be compensable under these Rules.
 Mrs. Belarmino’s fall was the primary injury that arose in the
course of her employment as a classroom teacher, hence, all the
medical consequences owing from it: her recurrent abdominal
pains, the premature delivery of her baby, her septicemia post
partum, and death, are compensable.
Hinoguin vs ECC
ART. 167(G) OF THE LABOR CODE, AS AMENDED AND SEC. 49(B) (1) OF
RULE 1 OF THE AMENDED IMPLEMENTING RULES ON EMPLOYEES’
COMPENSATION, THE TERM “EMPLOYEE” INCLUDES A MEMBER OF THE
AFP.
SECTION 1. Conditions to Entitlement. – (a) The beneficiaries of a
deceased employee shall be entitled to an income benefit if all of the
following conditions are satisfied:
(1)The employee had been duly reported to the System;
(2)He died as a result of injury or sickness; and
(3)The System has been duly notified of his death, as well as the injury or
sickness which caused his death.
10
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
His employer shall be liable for the benefit if such death occurred before
the employee is duly reported for coverage of the System.
ART. 167 OF THE LABOR CODE, DEFINES COMPENSABLE INJURY AS “ANY
HARMFUL CHANGE IN THE HUMAN ORGANISM FROM ANY ACCIDENT
ARISING OUT OF AND IN THE COURSE OF THE EMPLOYMENT.” Rule III,
Sec. 1(a) reads:
SECTION 1. Grounds – (a) For the injury and the resulting disability or
death to be compensable, the injury must be the result of an
employment accident satisfying all of the following grounds:
(1)The employee must have been injured at the place where his work
requires him to be;
(2)The employee must have been performing his official functions; and
(3)If the injury is sustained elsewhere, the employee must have been
executing an order for the employer.
 The Amended IRR are intended to apply to all kinds of
employment, such rules must be read and applied with reasonable
flexibility and comprehensiveness
 “work place” cannot be always literally applied to a soldier on
active duty status
GSIS vs. CA and Alegre
FOR THE INJURY/DISABILITY/DEATH TO BE COMPENSABLE, THE INJURY
MUST BE THE RESULT OF AN EMPLOYMENT ACCIDENT SATISFYING ALL
OF THE FF. CONDITIONS:
1. The EE must have been injured at the place where his work
requires him to be;
2. The EE must have been performing his official functions; and
3. If the injury is sustained elsewhere, the EE must have been
executing an order for the ER.
JURISPRUDENCE: DEATH BENEFITS FOR SOLDIERS OR POLICEMEN WERE
AWARDED FOR THOSE WHO WERE VIRTUALLY WORKING
ROUND-THE-CLOCK.
In such cases where death benefits were awarded, the SC attempted in
each case to find a reasonable nexus between the absence of the
deceased from his assigned place of work and the incident that led to his
death.
1.Hinoguin – deceased was permitted by his superior to go to Atilan
2.Nitura – deceased had to go outside of his station on permission and
directive by his superior to check on several personnel of his command
who were then attending a dance party
3.ECC case involving P/Sgt. Alvaran – even if not directed any directive or
permission by a superior officer to be at the Mandaluyong Police Station,
his presence there was justified by the peacekeeping nature of the
matter he was attending to which was bringing his son to the police
station to answer for a crime.
 The 24-hour doctrine, as applied to soldiers and policemen, serves
more as an after-the-fact validation of their acts to place them
within the scope of the guidelines rather than a blanket license to
benefit them in all situations that may give rise to their deaths. It
should not be applied to all acts and circumstances causing the
death of a police officer but only to those which, although not an
official line of duty, are nonetheless basically police service in
character.
Valeriano vs. ECC and GSIS
 To be compensable, an injury must have resulted from an accident
arising out of and in the course of employment. It must be shown
that it was sustained within the scope of employment while the
JANE BORBE NOTES | JANE BORBE NOTES
claimant was performing an act reasonably necessary or incidental
thereto or while following the orders of a superior. Indeed, the
standard of "work connection" must be satisfied even by one who
invokes the 24-hour-duty doctrine; otherwise, the claim for
compensability must be denied.
 Petitioner Valeriano was not able to demonstrate solidly how his
job as a firetruck driver was related to the injuries he had suffered.
That he sustained the injuries after pursuing a purely personal and
social function -- having dinner with some friends -- is clear from
the records of the case. His injuries were not acquired at his work
place; nor were they sustained while he was performing an act
within the scope of his employment or in pursuit of an order of his
superior. Thus, we agree with the conclusion reached by the
appellate court that his injuries and consequent disability were
not work-connected and thus not compensable.
 In Hinoguin and Nitura, the Court granted death compensation
benefits to the heirs of Sgt. Limec Hinoguin and Pfc. Regino Nitura,
both members of the Philippine Army. After having gone
elsewhere on an overnight pass, Sgt. Hinoguin was accidentally
shot by a fellow soldier. Pfc. Nitura, on the other hand, died after
falling from a bridge during his trip back to his camp. At the time
of his death, he had just accomplished his commander’s
instruction to check on several personnel of his command post
who were then at a dance party. Both cases espoused the position
that the concept of "work place" cannot always be literally applied
to a soldier on active duty status who, to all intents and purposes,
is on a 24-hour official duty status, subject to military discipline
and law and at the beck and call of his superior officers at all times,
except when he is on vacation leave status
 The circumstances in the present case do not call for the
application of Hinoguin and Nitura. Following the rationalization
in GSIS, the 24-hour-duty doctrine cannot be applied to
petitioner's case, because he was neither at his assigned work
place nor in pursuit of the orders of his superiors when he met an
accident. But the more important justification for the Courts
stance is that he was not doing an act within his duty and
authority as a firetruck driver, or any other act of such nature, at
the time he sustained his injuries. We cannot find any reasonable
connection between his injuries and his work as a firetruck driver.
Lazo vs. ECC and GSIS
 The policy then is to extend the applicability of the decree (PD 626)
to as many employees who can avail of the benefits thereunder.
This is in consonance with the avowed policy of the State to give
maximum aid and protection to labor.
 There is no reason, in principle, why employees should not be
protected for a reasonable period of time prior to or after working
hours and for a reasonable distance before reaching or after
leaving the employer's premises.
 If the Vano ruling awarded compensation to an employee who
was on his way from home to his work station one day before an
official working day, there is no reason to deny compensation for
accidental injury occurring while he is on his way home one hour
after he had left his work station.
Luzon Stevedoring vs. Workmen’s Compensation
 For an injury to be compensable, it is not necessary that the cause
therefor shall take place within the place of employment. If a
workman is acting within the scope of his employment, his
protection "in the course of" the employment usually continues,
regard of the place of injury.
 Furthermore, jurisprudence is to the effect that injuries sustained
by an employee while in the course of his employment, as the
result of an assault upon his person by another employee, or by a
third person, no question of the injured employee's own
11
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
culpability being involved, is compensable where, from the
evidence presented, a rational mind is able to trace the injury to a
cause set in motion by the nature of the employment, or some
condition, obligation or incident therein, and not by some other
agency.
 As pointed out by Larson (Workmen's Compensation Law, Vol. I,
section 29.21) — since the ultimate test applied by Judge Cardozo
was whether "the quarrel from origin to ending must be taken to
be one" it should make no difference how widely separated the
assault was from the employment in time and space if it remained
an inherent part of an employment incident.
 The fact remains that the petitioner failed to controvert in due
time the right of the claimants to compensation, as required by
section 45 of Act 3428. And the rule is now well-settled that the
requirements (for claimants) of giving of notice of injury and filing
of claim within the prescribed period is non-jurisdictional and does
not constitute a bar to compensation proceedings if the employer,
who had knowledge of the accident, failed to controvert the
claimant's right to compensation pursuant to section 45 of the law.
For such failure of the employer to controvert the claimant's
constitutes a waiver (or a forfeiture by law) of its right to question
the validity and reasonableness of the claim and precludes the
setting up of all non-jurisdictional defenses, such as
non-compensability of injuries, prescription, and the like.
Chua Yeng vs. Roma
 The rule is well established that — "Such acts as are reasonably
necessary to the health and comfort of an employee while at work,
such as satisfaction of his thirst, hunger, or other physical
demands, or protecting himself from excessive cold, are
nevertheless incidental to the employment, and injuries sustained
in the performance of such act are generally held to be
compensable as arising out of and in the course of the
employment."
 Compensation has been granted, even if the injury occurred while
the worker was not performing acts strictly within the scope of his
duties, but engaged in an activity either related or incidental to his
duties, or doing an act in the interest of his employer.
 Finally, the Workmen's Compensation Act being a social legislation,
and in line with the intent of the law to effect social justice, the
provisions thereof should be liberally construed in favor of the
workingman.
Visayan Stevedore vs. Workmen’s Compensation Commission
 VST shouldered all the funeral expenses. A claim for compensation
for the death of Gutana was filed by the widow of the deceased
and their children.
 The case is covered by the provisions of Section 24, Workmen's
Compensation Act No. 3428, as amended, which dispenses with
the requirement of filing a claim for compensation if the employer
had voluntarily made compensation payments. Under Section 8 of
the same act, burial expenses are considered as part of the death
benefits due to the heirs of a deceased laborer. It appears in this
case that petitioner had voluntarily paid the burial expenses in
connection with the burial of Gutana.
Paez vs. WCC
 The activities performed by Barawid, we believe, were incidental
to his duties not only as driver but as purchaser of the respondent
who was engaged in the business of buying and selling palay. It is
reasonable to expect an employee, as in the case of Barawid, to
help a co-employee in the performance of his duties. And even
granting, only for the sake of argument, that the acts performed
by the deceased were not strictly within the bounds of his duties
JANE BORBE NOTES | JANE BORBE NOTES
still he was, in the fullest sense of the term, in the course of the
employment. “Simply stated, 'if the act is one for the benefit of
the employer or for the mutual benefit of both, an injury arising
out of it will usually be compensable."
 Disobedience to rules, orders, and/or prohibition, does not in itself
constitute notorious negligence, if no intention can be attributed
to the injured to end his life. The deceased did not act with the full
knowledge of the existence of a danger that ordinary prudence
would counsel him to avoid such a case. That a banca loaded with
palay and 3 persons, at night time, would sink if one person more
was added to its weight, constituted merely a miscalculation on
the part of such person, if he thought it would be safe for him to
embark, the alleged overloading notwithstanding Barawid's
promptness in accomplishing his duties, to enable him to attend
his personal interest thereafter, cannot be a valid reason to deny
him the right to be compensated.
Enao vs. ECC
Section 1, Rule 11, of the Amended Rules on Employees' Compensation,
which provides:
SECTION 1. Grounds.—(a) For the injury and the resulting disability or
death to be compensable, the injury must be the result of an
employment accident satisfying all of the following conditions:
(1) The employee must have sustained the injury during his working
hours;
(2) The employee must have been injured at the place where his work
requires him to be; and
(3) The employee must have been performing his official function.
 As it can be rightfully ruled that the Claimant-Petitioner was
actually then performing her official functions, it hardly matters
then whether such task which Petitioner was then engaged in or
discharging, happened outside the regular working hours and not
in the Petitioner's place of work. It is rather obvious that in
proceeding to purchase school materials in Dipolog City, Petitioner
would necessarily have to leave the school premises and her travel
need not be during her usual working hours. What is significant
and controlling is that the injuries she sustained are
work-connected, which the Court finds to be so.
Murrilo vs. Mendoza
Workmen’s Compensation Act: "SEC. 38. Interisland trade. — This Act
shall cover the liability of the employers towards employees engaged in
the coastwise and interisland trade, and also in the foreign trade when
such is permissible under the laws of the United States and the
Philippine Islands."
The applicability of the Workmen’s Compensation Act to accidents
occurring in the Philippine seas has been discussed for the first time in
the case of Enciso v. Dy-Liacco (57 Phil., 446 et seq.) , where the question
was decided affirmatively.
 The workmen’s compensation acts are based on a new theory of
compensation distinct from the theories of damages, payments
under the acts being made as compensation, not as indemnity.
The intention of the Legislature in enacting the Workmen’s
Compensation Act was to secure workmen and their dependents
against becoming objects of charity, by making a reasonable
compensation for such accidental calamities as are incidental to
the employment. Under such Act injuries to workmen and
employees are to be considered no longer as results of fault or
negligence, but as the products of the industry in which the
employee is concerned.
12
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
 Under Act No. 3428, as amended by Act No. 3812, accidents are
compensated independently of whether or not the employer has
incurred fault or negligence, and the only exceptions thereto are
the accidents arising from the voluntary act of the injured person,
those resulting from the drunkenness of the employee who had
the accident, and those caused by the notorious negligence
thereof (section 4, Act No. 3428).
 Taking into consideration all of these circumstances, it is clear that
his death is compensable under the law on the ground that a
causal relation existed between such death and the conditions
under which he had to perform his employment. It is obvious that
the typhoon was the immediate cause of the sinking of the vessel
and that there existed no causal relation between it and the
employment of the deceased. It is evident, however, that between
the conditions and circumstances under which the deceased
discharged his employment and his death, there existed the causal
connection which makes the accident compensable.
 The doctrine is generally accepted that the employer is not
responsible for accidents arising from force majeure or an act of
God, as it is usually called, when the employee has not been
exposed to a greater danger than usual. However, in the case of
the deceased and in that of a sailor, it cannot be denied that upon
contracting their services to navigate in the waters of the
archipelago, having to render extraordinary services in cases of
typhoon, they are exposed to greater risk than usual, in
comparison with other employees working on land.
Taller vs. Inchausti
Legal basis: section 2 of Act No. 3428, which runs as follows:
SEC. 2. Grounds for compensation. — When any employee receives a
personal injury from any accident due to and in the pursuance of the
employment, or contracts any illness directly caused by such
employment or the result of the nature of such employment, his
employer shall pay compensation in the sums and to the persons
hereinafter specified.
This provision was amended by section 1 of Act No. 3812 so as to read as
follows:
SEC. 2. Grounds for compensation. — When any employee receives a
personal injury from any accident arising out of and in the course of the
employment, or contracts any illness directly caused by such
employment, or the result of the nature of such employment, his
employer shall pay compensation in the sums and to the persons
hereinafter specified.
 In maneuvering a vessel, in entering and leaving ports, it is
necessary for the ship's officers in charge of the motions of the
vessel to avail themselves of cables; and the taking in of a cable
and the coiling of it upon the deck are acts properly incident to
controlling the motion of the vessel. It results that, when Nava
found that one of the third-class passengers had placed his bed on
the deck in a position where it was in his way, he acted within the
scope of his duty when he pushed the bed back; and when the
fatal assault was made upon him because of that act, it must be
considered that his death resulted from an act done in the line of
his duty.
 Fixing our attention then more particularly upon section 2 of Act
No. 3428, it is quite clear that the death of Valentin Nava was not
due to any illness directly caused by his employment or the result
of the nature of such employment. We are of the opinion,
however, that it occurred in the course of his employment and "in
pursuance of the employment", as this expression is used in the
provision cited.
JANE BORBE NOTES | JANE BORBE NOTES
Batangas Transportation vs. Rivera and WCC
 Since the injury was received while the claimant was driving the
bus; i. e., while performing the very duty he was employed to
perform, the injury clearly arose "out of and in the course" of
employment and is compensable. As to the affirmative defense of
"notorious negligence", petitioner had the burden to establish by
substantial evidence the facts constituting such kind of negligence,
a task in which the record shows he failed, since even the alleged
excessive speed at which claimant allegedly drove the bus is not
proved.
 The loss of Galicano Rivera’s leg was due to the collision of
petitioner’s bus and a jeepney.
Davao Gulf Lumber vs. Baens
"Sec. 3. Disposition of Appeal. — The Commissioner to whom an
appealed case is assigned by the Chairman shall decide the same on its
merit. Either appellee or appellant, or both, may seek the
reconsideration of the decision of a Commissioner by the Commission en
banc within 10 days from receipt of said decision."
 The period of fifteen days for appeal provided in Section 50 of
Republic Act No. 772 refers to appeals from the decision of the
Workmen's Compensation Commission to the Supreme Court, and
not to appeals from the decision of one Commissioner to the
Commission en banc.
 Accidents which are caused by the worn-out condition of the
motor vehicles, are compensable. What happened must have
been unforeseen, it may only be blamed upon the worn-out
condition of the motor transport, or to "accident," for which the
employer is responsible, it having arisen out of and in the course
of the deceased's regular duties as driver. (Sec. 2, Act No. 3428 as
amended by Republic Act 772.)
Iloilo Dock vs. WCC
 An "assault," although resulting from a deliberate act of the slayer,
is considered an "accident" within the meaning of Sec. 2 of the
Workmen's Compensation Act, since the word "accident" is
intended to indicate that "the act causing the injury shall be casual
or unforeseen, an act for which the injured party is not legally
responsible."
 It has been said that an employment may either increase risk of
assault because of its nature or be the subject-matter of a dispute
leading to the assault. The first kind of employment, the so-called
"increased risk" jobs comprehend (1) jobs involving dangerous
duties, such as that of guarding the employer's property, that of
carrying or keeping money, that where the employee is exposed
to lawless or irresponsible members of the public, or that which
subjects him to increased or indiscriminate contact with the public,
such as the job of a street car conductor or taxi-driver; (2) jobs
where the employee is placed in a dangerous environment; and (3)
jobs of employees whose work takes them on the highway. On the
other hand, the employment itself may be the subject-matter of a
dispute leading to the assault as where a supervisor is assaulted by
a workmen he has fired, or where the argument was over the
performance of work or possession of tools or the like, or where
the violence was due to labor disputes.
 That part of the road where Pablo was killed is in very close
proximity to the employer's premises. It is an "access area" "so
clearly related to the employee's premises as to be fairly treated
as a part of the employer's premises." or this reason, the IDEGO
was under obligation to keep the place safe for its employees. Safe,
that is, against dangers that the employees might encounter
therein, one of these dangers being assault by third persons.
Having failed to take the proper security measures over the said
13
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
area which it controls, the IDEGO is liable for the injuries suffered
by Pablo resulting in his death.
NFD International vs. Illescas
Although the disability of respondent was not caused by an accident, his
disability is still compensable under Article 13 of the CBA under the
following provision:
A seafarer/of cer who is disabled as a result of any injury, and who is
assessed as less than 50% permanently disabled, but permanently unfit
for further service at sea in any capacity, shall also be entitled to a 100%
compensation.
The Court finds merit in the reasons stated by Dr. Almeda in his Medical
Report for declaring respondent unfit to work in any capacity as a
seaman. Respondent is, therefore, entitled to disability benefit in the
amount of US$90,000.00 under the CBA.
Marinduque Iron Mines vs. WCC
“Sec. 6. Liability of third parties. — In case an employee suffers an injury
for which compensation is due under this Act by any other person
besides his employer, it shall be optional with such injured employee
either to claim compensation from his employer, under this Act, or sue
such other person for damages, in accordance with law; and in case
compensation is claimed and allowed in accordance with this Act, the
employer who paid such compensation or was found liable to pay the
same, shall succeed the injured employee to the right of recovering from
such person what he paid: Provided, That in case the employer recovers
from such third person damages in excess of those paid or allowed under
this Act, such excess shall be delivered to the injured employee or any
other person entitled thereto, after deduction of the expenses of the
employer and the costs of the proceedings. The sum paid by the
employer for compensation or the amount of compensation to which the
employee or his dependents are entitled, shall not be admissible as
evidence in any damage suit or action.”
 Criminal Case No. 1491 was not a suit for damages against the
third person, it being alleged, without contradiction that the heirs
did not intervene therein and have not so far received the
indemnity ordered by the court. At any rate, we have already
decided in Nava vs. Inchausti Co. 1 that the indemnity granted the
heirs in a criminal prosecution of the “other person” does not
affect the liability of the employer to pay compensation.
Chavez vs. Ammen Transco
 Felipe Chavez was an auto mechanic and was under the
immediate control and supervision and orders of defendant's
managing agent Emilio Esperida.
 Company argues that it had express ban to repair in the shop any
machine not belonging to the company.
 But certainly the defendant company relieve itself of its obligation
under the Workmen's Compensation Act on the theory that its
agent had violated the company regulation. Defendant, as a
corporation, necessarily must rely on its agents, and it is from
these agents that the employees receive their orders. To accept
defendant's theory would enable it to evade its responsibility in
many cases under the Workmen's Compensation Law on the
ground that its agents had exceeded, or acted beyond their
authority. Such certainly could not have been the intention of the
law.
JANE BORBE NOTES | JANE BORBE NOTES
 In conclusion, we hold that although the repair attempted to be
made on the Governor's car was in technical violation of the rules
of Company, such violation was committed not by Chavez but by
Esperida himself, who from the standpoint of Chavez acted for the
company in ordering the repair, which order Chavez could not well
ignore. We, therefore, agree with the trial court and hold that the
heirs of Chavez may recover under the Workmen's Compensation
Act.
Hawaiian Philippine Company vs. WCC
Sections 2 and 4 of Act No. 3428, as amended by Republic Act No. 772,
provide:
"SEC 2. Grounds for compensation. — When an employee suffers
personal injury from any accident arising out of and in the course of his
employment, or contracts tuberculosis or other illness directly cause by
such employment, or either aggravated by or the result of the nature of
such employment, his employer shall pay compensation in the sums and
to the person hereinafter specified. The right to compensation as
provided in this Act shall not be defeated or impaired on the ground that
the death, injury or disease was due to the negligence of a fellow servant
or employee, without prejudice to the right of the employer to proceed
against the negligent party."
"SEC. 4. Injuries not covered. — Compensation shall not be allowed for
injuries caused: (1) by the voluntary intent of the employee to inflict
such injury upon himself or another person; (2) by drunkenness on the
part of the laborer who had the accident; and (3) by notorious
negligence of the same."
It is not denied that the death of Romeo Suataron occurred in the course
of his employment and it was ruled that the deceased was not guilty of
notorious negligence simply because a co-employee was able to take
hold of and play with his gun. If at all, he was merely guilty of simple
negligence as he was supposed to keep the gun in his possession at all
times whenever he was on duty. But this should not in any way deprive
him of his compensation under the law.
Menez vs. ECC, GSIS
This involved a teacher who suffered from rheumatoid arthritis; she
worked in an area near a dirty creek.
Rule III of the Amended Rules on Employees' Compensation clearly
establish that for an illness to be compensable, it must either be:
1. An illness definitely accepted as an occupational disease; or
2. An illness caused by employment subject to proof by the employee
that the risk of contracting the same is increased by working conditions.
An occupational disease is one "which results from the nature of the
employment, and by nature is meant conditions to which all employees
of a class are subject and which produce the disease as a natural incident
of a particular occupation, and attach to that occupation a hazard which
distinguishes it from the usual run of occupations and is in excess of the
hazard attending the employment in general."
From the foregoing definition of occupational diseases or ailments,
rheumatoid arthritis and pneumonitis can be considered as such
occupational diseases. Being exposed to emotional strains, stresses, and
unhealthy environment, these unwholesome conditions are "normal and
consistently present in" or are the "hazards peculiar to" the occupation
of a public high school teacher. It is therefore evident that rheumatoid
arthritis and pneumonitis are the "natural incidents" of petitioner's
occupation as such public high school teacher. The Court thus found
14
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
petitioner to have substantially shown that the risk of contracting her
ailments had been increased by unfavorable working conditions.
Vda. De Inguillo vs. ECC and GSIS
A review of the deceased's work activities, as janitor, will show that they
included the regular use of "deleterious substances" such as muriatic
acid, the fumes from which are inhaled when used in cleaning and
clearing of toilet bowls and unclogging of toilet pipes and plumbing
connections. The deceased also performed other varied manual work
such as sweeping, scrubbing and mopping school corridors, with the
resultant inhalation of a lot of dust, lifting heavy objects, painting
classrooms, preparing seats for pupils during school programs, as well as
going to and from his place of work thus exposing him to occasional
"wetting and chilling' from downpours and rains.
"Sickness" means any illness definitely accepted as an occupational
disease listed by the Commission, or any illness caused by employment
subject to proof that the risk of contracting the same is increased by
working conditions. For this purpose, the Commission is empowered to
determine and approve occupational diseases and work-related illnesses
that may be considered compensable based on peculiar hazards of
employment.
Under the Labor Code, the ECC is empowered to determine and approve
occupational diseases and work-related illnesses that may be considered
compensable based on peculiar hazards of employment.
Section 1(b), Rule III of the Amended Rules on Employees' Compensation
states:
"(b) For the sickness and the resulting disability or death to be
compensable, the sickness must be the result of an occupational disease
listed under Annex 'A' of these Rules with the conditions set therein
satisfied; otherwise, proof must be shown that the risk of contracting the
disease is increased by the working conditions."
In the recent case of Raro vs. Employees' Compensation Commission
(G.R. No. 58445, April 27, 1989), it was held that cancer ailments, except
for a specified few, are not compensable. It is a disease that strikes
people in general. The nature of a person's employment appears to have
no relevance. In Navalta vs. Government Service Insurance System (G.R.
No. 46684, April 27, 1988), the Court further elucidated that unless it be
shown that a particular form of cancer is caused by specific working
conditions (e.g. chemical fumes, nuclear radiation, asbestos dust, etc.) it
cannot be concluded that it was the employment which increased the
risk of contracting the disease.
However, ECC failed to adequately take into consideration that there
was another cause of death, which was "pneumonia." Under the same
Annex "A" of the Amended Rules on Employees' Compensation,
pneumonia is a qualifiedly occupational disease "under all the following
conditions:"
"(a) There must be an honest and definite history of wetting and chilling
during the course of employment, also industrial injury to the chest wall
with or without rib fracture, or inhalation of noxious gases, fumes and
other deleterious substances in the place of work.
"(b) There must be a direct connection between the offending agent or
event and the worker's illness.
"(c) The signs of consolidation should appear soon (within a few hours)
and the symptoms of initial chilling and fever should at least be
twenty-four (24) hours after the injury.
"(d) The patient must present one of the following findings within a few
days of the accident:
.(1) Severe chill and fever. 
 contracted them in the course of his employment at the Ministry of
JANE BORBE NOTES | JANE BORBE NOTES
.(2) Headache and pain, agonizing in character in the side. 

.(3) Short, dry painful cough with blood-tinged expectoration. 

.(4) Physical signs of consolidation with fine rales"
While, concededly, "all" of the qualifying conditions to consider
pneumonia compensable do not concur, there is substantial compliance
therewith, added to the fact that punctilious adherence to stringent
technical rules may be relaxed in the interest of the working man, who
has less in life, and in consonance with the avowed policy of the State to
give maximum aid and protection to labor.
The Workmen’s Compensation Act is applicable. Considering the
deceased was confined in the hospital from Feb 24 to Jun 5 1978, and
later died at Jun 20, and absent any evidence as to when his ailment was
contracted, it is the new Labor Code that becomes the governing law. As
specifically provided in Art 208 of said code, its provisions cover “injury,
sickness, disability or death occurring on or after January 1, 1975.” The
recent case of Rosales vs. ECC implemented that provision when it held
that “in workmen’s compensation cases, the governing law is
determined by the date on which the claimant contracted his illness.
Eulalio Galanida vs. ECC and GSIS
Petitioner Eulalio Galanida started working for the government on
November 8, 1948 as a messenger/janitor at the Bureau of Agricultural
Extension Office in Tagbilaran City. Subsequently, he was promoted to
Clerk and, finally, to Administrative Officer II of the Ministry of
Agriculture until he retired on December 10, 1983. Galanida's medical
records reveal that sometime in 1955, he complained of facial distortion
and numbness accompanied by the blurring of vision and headache.
According to the petitioner, he suffered irregular sleep and heart
palpitation, as well as pain in both extremities for several years. From
May 15 to 29, 1972, he was confined at the Bohol Provincial Hospital for
hemorrhoidectomy.
On January 18, 1983, the petitioner filed a claim for disability benefits
under Presidential Decree No. 626 with the GSIS. On March 9, 1983, the
GSIS disapproved the claim on the ground that the claimant's ailments
are not occupational diseases and there was no showing that his work
had increased the risk of contracting the same. The petitioner elevated
his case to the ECC and on November 27, 1984, the ECC affirmed the
decision of the GSIS.
The petitioner's ailments were diagnosed to be the following:
xxx xxx xxx
"(1) Bells Palsy — is an acute lower Motor Neuron Palsy of the facial
nerve, characterized by pain, weakness or paralysis of the affected side
of the face
(2) Anxiety Neurosis — is a progressive disintegration of personal
instability arising in the course of the intercurrent illness.
(3) Peripheral Neuritis — is a syndrome of sensory motor, reflect and
basomotor reflex symptoms produced by lesion of nerve root on
peripheral nerves.
The above-mentioned diseases are not among those listed as
occupational diseases under Annex "A" of P.D. 626 nor has the petitioner
shown proofs that the risk of contracting the diseases was increased by
his employment's working conditions as Administrative Officer II of the
Ministry of Agriculture in Manila as provided by Section 1(b), Rule III,
Amended Rules on Employees' Compensation. As we have repeatedly
held, the doctrines of aggravation and presumption of compensability
under the former Workmen's Compensation Act are no longer provided
by law under the present social insurance scheme.
Considering that the illnesses are not occupational diseases, it was,
therefore, necessary for the petitioner to present proof that he
15
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
Agriculture. Unfortunately, he failed in this regard. In his petition for
review, the petitioner alleges that the "cleaning of rooms as janitor and
subsequently the amount of paperwork thereby forcing him to render
overtime, increased the risk of contracting said ailments." This is a mere
allegation which needs to be proved. He who alleges a fact has the
burden of proving it and a mere allegation is not evidence.
Corales vs. ECC
The records show that the symptoms of the petitioner's ailments upon
which he could base his claim for compensation under the Corales
doctrine became manifest in 1955. His right to claim for compensation,
therefore, accrued as early as that date. Hence, the law to be applied
under his contention would be the Workmen's Compensation Act
following the principle that in workmen's compensation commission
cases, the governing law is to be determined by the date on which the
claimant contracted his illness. The right founded on statute prescribes
in ten (10) years which are counted from the date of disability. In the
instant case, the petitioner alleged that in the years 1954-1955, he was
treated by several doctors and confined twice in the hospital for the
ailments earlier mentioned. He, therefore, had until 1964-1965 within
which to file his claim under the Workmen's Compensation Act. And
even if we counted the ten-year period from the date of his
hospitalization for hemorrhoidectomy on May 15 to 29, 1972, the claim
filed only in January 18, 1983 is obviously beyond the prescriptive period.
Moreover, hemorrhoidectomy has never been mentioned as the basis of
his claim. The petitioner, therefore, failed to seasonably raise his claim
for compensation under the Workmen's Compensation Act, assuming its
applicability.
Clemente vs. GSIS and ECC
Pedro Clemente, was for ten (10) years a janitor in the Department of
Health (Dagupan City), assigned at the Ilocos Norte Skin Clinic, Laoag City.
He was hospitalized from November 3 to 14, 1976, due to his ailment of
'nephritis,' as per medical certification of his attending physician. He was
also found to be suffering from such ailments as portal cirrhosis and
leprosy, otherwise known as Hansen's Disease.
In Sarmiento v. Employees' Compensation Commission we held that:
"Strict rules of evidence are not applicable in claims for compensation.
There are no stringent criteria to follow. The degree of proof required
under P.D. 626; is merely substantial evidence, which means, 'such
relevant evidence as a reasonable mind might accept as adequate to
support a conclusion'. The claimant must show, at least, by substantial
evidence that the development of the disease is brought largely by the
conditions present in the nature of the job. What the law requires is a
reasonable work-connection and not a direct causal relation. It is enough
that the hypothesis on which the workmen's claim is based is probable.”
The husband of the petitioner worked in a skin clinic. As janitor of the
Ilocos Norte Skin Clinic, Mr. Clemente was exposed to different carriers
of viral and bacterial diseases. He had to clean the clinic itself where
patients with different illnesses come and go. He had to put in order the
hospital equipments that had been used. He had to dispose of garbage
and wastes that accumulated in the course of each working day. He was
the employee most exposed to the dangerous concentration of infected
materials, and not being a medical practitioner, least likely to know how
to avoid infection. It is, therefore, not unreasonable to conclude that Mr.
Clemente's working conditions definitely increased the risk of his
contracting the aforementioned ailments.
Narazo vs. ECC
To establish compensability under the increased risk theory, the claimant
must show proof of reasonable work-connection, not necessarily direct
causal relation. The degree of proof required is merely substantial
JANE BORBE NOTES | JANE BORBE NOTES
evidence which means such relevant evidence as will support a decision,
or clear and convincing evidence.
The nature of the work of the deceased as Budget Examiner in the Office
of the Governor dealt with the detailed preparation of the budget,
financial reports and review and/or examination of the budget of other
provincial and municipal offices. Full concentration and thorough study
of the entries of accounts in the budget and/or financial reports were
necessary, such that the deceased had to sit for hours, and more often
that not, delay and even forego urination in order not to interrupt the
flow of concentration. In addition, tension and pressure must have
aggravated the situation.
Limbo vs. ECC and GSIS
Ruben T. Limbo was employed at Nestlé Philippines, as Area Sales
Supervisor. Sometime in 1994, Limbo was confined for one week at the
hospital where it was discovered that he had chronic renal disease and
he underwent kidney transplant. Limbo filed a claim for compensation
benefits before the Social Security System (SSS), invoking Presidential
Decree (P.D.) No. 626, as amended.
Under the Amended Rules on Employees Compensation, "for the
sickness and the resulting disability to be compensable, the sickness
must be the result of an occupational disease; otherwise, proof must be
shown that the risk of contracting the disease is increased by the
working conditions." Concededly, "end-stage renal disease secondary to
uric acid nephropathy" is not among the Occupational Diseases. This,
however, would not automatically bar petitioner’s claim for as long as he
could prove that the risk of contracting the illness was increased by his
working conditions.
Considering the workload and areas of responsibility of petitioner in this
case, it is reasonable for him to develop hypertension, which in turn
led to uremia. It should be stressed that in determining whether a
disease is compensable, it is enough that there exists a reasonable work
connection. Petitioner here also submitted his medical certificate.
As correctly pointed out by the OSG, a physician’s report is the best
evidence of work-connection of workmen’s ailments and can be the
basis of an award even if the physician was not presented as a witness.
There is no reason to doubt the findings of Dr. Mejia who is an expert in
her field of work. Verily, petitioner was able to show that his ailment was
work-related. Social Security System was ordered to pay petitioner the
compensation benefits due him under P.D. 626.
Rino vs. ECC and SSS
Death benefits under the Labor Code, as amended, are awarded only
when the cause of death is listed as an occupational disease by the
Employees' Compensation Commission, or when the claimant presents
proof that the working conditions increased the risk of contracting the
fatal disease.
Virgilio T. Riño Sr. was employed by Allied Port Services Inc. as stevedore
since July, 1982. Sometime in 1992, Virgilio collapsed while working. He
was rushed to the hospital. He was found to have been suffering melena,
fever, chills and abdominal pains, and died three days later. The cause of
death was "uremia [secondary] to chronic renal failure. Chronic
glomerulonephritis. His wife filed a claim for death benefits before the
Social Security System (SSS).
Under the Labor Code, as amended, the beneficiaries of an employee are
entitled to death benefits if the cause of death is a sickness listed as
occupational disease by the ECC; or any other illness caused by
employment, subject to proof that the risk of contracting the same is
increased by the working conditions.
16
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
Petitioner did not adduce any proof of a reasonable connection between
the work of the deceased and the cause of his death. There was no
showing that the progression of the disease was brought about largely
by the conditions in Virgilio's job. Indeed, petitioner presented no
medical history, records or physician's report in order to substantiate her
claim that the working conditions at the Port Area increased the risk of
uremia, renal failure or glomerulonephritis.
The primary and antecedent causes of Virgilio Riño's death are not listed
as occupational diseases. Hence, petitioner should have presented
substantial evidence, or such relevant evidence which a reasonable mind
might accept as adequate to justify a conclusion, showing that the nature
of her husband's employment or working conditions increased the risk of
uremia, chronic renal failure or chronic glomerulonephritis. This the
petitioner failed to do. Petition is denied.
Sarmiento vs. ECC
Flordeliza Sarmiento was employed by the National Power Corporation
in Quezon City as accounting clerk in May 1974. At the time of her death
on August 12, 1981 she was manager of the budget division. History of
the deceased's illness showed that symptoms manifested as early as
April 1980 as a small wound over the external auditory canal and mass
over the martoid region. Biopsy of the mass revealed cancer.
Believing that the deceased's fatal illness having been contracted by her
during employment was service-connected, petitioner filed a claim for
death benefits under Presidential Decree No. 626, as amended.
Under the present law, a compensable illness means any illness accepted
as an occupational disease and listed by the Employees' Compensation
Commission, or any illness caused by employment subject to proof by
the employee that the risk of contracting the same is increased by
working conditions.
Applying the law to the present case, parotid carcinoma or cancer of the
salivary glands is not an occupational disease considering the deceased's
employment as accounting clerk and later as manager of the budget
division. The petitioner must, therefore, prove that his wife's ailment
was caused by her employment or that her working conditions increased
the risk of her contracting the fatal illness. As with other kinds of cancer,
the cause and nature of parotid carcinoma is still not known. Petition is
denied.
Hilaria Dabatian vs. GSIS
The records show that petitioner died on July 3, 1976 when the old
compensation law had already been abrogated. No competent evidence
whatsoever was submitted to prove that Dabatian's ailment was
contracted prior to January 1,1975 in order to bring it under the
protective mantle of the old compensation law.
The present Labor Code, P.D. 442 as amended, abolished the
presumption of compensability and the rule on aggravation of illness
caused by the nature of employment, the reason being — "to restore a
sensible equilibrium between the employer's obligation to pay
workmen's compensation and the employee's right to receive reparation
for work connected death or disability . . . ." It was found, and rightly so,
that the old law, the Workmen's Compensation Act, destroyed the parity
or balance between the competing interests of employer and employee
with respect to workmen's compensation. The balance was tilted unduly
in favor of the workmen since it was possible to stretch the work-related
nature of an ailment beyond seemingly rational limits.
Thus, under the present law, in order for the employee to be entitled to
sickness or death benefits, the sickness or death resulting therefrom
must be, or must have resulted from either a) any illness definitely
JANE BORBE NOTES | JANE BORBE NOTES
accepted as an occupational disease listed by the Commission, or b) any
illness caused by employment subject to proof that the risk of
contracting the same is increased by working conditions.
Since peptic ulcer is not included in the list of occupational diseases as
drawn up by the Commission, then petitioner has the burden of proving
that the nature of her husband's work increased the risk of contracting
the disease. Aside from the undisputed fact that the deceased is a heavy
coffee drinker, which was his way of warding off sleepiness, no evidence
was ever adduced by petitioner to bolster the theory that her husband's
work increased the risk of contracting the ailment.
Being a heavy coffee drinker may have aggravated his peptic ulcer, but,
aggravation of an illness is no longer a ground for compensation under
the present law.
Kasumpang vs. ECC
The deceased was diagnosed with duodenal ulcer in June 28, 1976. In his
medical history, this was traced to hematemesis and melena which
began in November 1975. In other words, all of his ailments were after
January 1, 1975. It is Presidential Decree No. 626, as amended, therefore,
which is applicable in this case and not the Workmen's Compensation
Act. It is important to determine which law is applicable.
Under the former Workmen's Compensation Act or Act No. 3428 as
amended. The claimant was relieved of the duty to prove causation as it
was then legally presumed that the illness arose out of the employment
under the presumption of compensability. However, under the new law,
the principles of aggravation and presumption of compensability have
been stricken off by the lawmaker as grounds for compensation. Cancer
of the stomach and other lymphatic and blood forming, vessels was
considered occupational only among woodworkers; wood products
industry carpenters, loggers and employees in pulp and paper mills and
plywood mills. The complained illness is therefore not compensable
under the first group provided in the Labor Code.
Under the second ground for compensability, it should be shown that an
illness is caused by employment and that the risk of contracting the
same is increased by working conditions. Petitioner did not demonstrate
that the adverse conditions mentioned above had direct causal
connection with his job which would develop into cancer of the
stomach.
Rodriguez vs. ECC
The applicable rule established in law and jurisprudence concerning
claims based on the provisions of the Labor Code on employees'
compensation, particularly on death benefits under Article 194, is that
they must result from an occupational disease. A compensable disease
means any illness accepted and listed by the Employees' Compensation
Commission or any illness caused by the employment subject to proof by
the employee that the risk of contracting the same was increased by the
working conditions. If the disease is listed in the Table of Occupational
Diseases embodied in Annex A of the Rules on Employees' Compensation,
no proof of causation is required. However, if it is not so listed, it has
been held that the employee, this time assisted by his employer, is
required to prove, a positive proposition, that is, that the risk of
contracting the disease is increased by the working conditions. The fact
that the cause of the disease was not positively identified does not
dispense with this burden of proof.
It is our considered view that the circumstances alleged by the petitioner
and the evidence she presented are not enough to discharge the
required quantum of proof, liberal as it is. There is no clear evidence as
to when the disease commenced and supervened; the tumors which
developed in the deceased's colon may have been growing for many
17
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
years even before he was employed as a teacher. Neither was there any
indication as to what really caused the disease: in fact, the nature of the
disease as described militates against a finding of a causal nexus. The
"trauma" that was supposed to have caused or at least contributed to
the disease was neither satisfactorily clarified nor adequately proved.
Surely, the activities relied upon by the petitioner, being outside the
regular or primary functions of a teacher, could not have been done
every working day. It is safe to assume that they were done only for
certain limited periods of time and on isolated occasions as, for instance,
during competitions. Thus, it cannot be said that decedent's work as a
teacher exposed him to hazards different or greater from those involved
in ordinary or normal life-styles. There is no showing that he did not
engage in other extraneous activities, aside from playing basketball or
being a member of the Boy Scouts. Of further note is the observation
that the abdomen of the deceased was markedly obese, which
circumstance may also have been a causative or contributive factor
considering the etiological and pathological particulars of said ailment.
Mora vs. ECC
The deceased, during the course of her employment, and more
particularly in January 1978, she complained of frequent epigastric pain
radiating to the periumbilical region. Biopsy conducted at the St. Paul's
Hospital in Tacloban City revealed a diagnosis of adnocarcinoma of the
ileocaecal junction.
The law applicable to the case at bar is the New Labor Code, PD 442, as
amended, which covers injury, sickness, disability or death occurring on
or after January 1, 1975. The new law on employee's compensation
makes compensable disability or death arising from an ailment under
any of the following grounds namely: (a) when the illness is definitely
accepted as an occupational disease by the Employees' Compensation
Commission, or (b) when said illness is caused by employment subject to
proof that the risk of contracting the same is increased by the work
conditions.
Thus, the New Labor Code particularly Art. 167 (1) as amended by PD
1368, defining compensable illness, provides:
(1)"Sickness" means any illness definitely accepted as occupational
disease listed by the Commission, or any illness caused by employment
subject to proof that the risk of contracting the same is increased by
working conditions. For this purpose, the Commission is empowered to
determine and approve occupational diseases and work-related illnesses
that may be considered compensable based on peculiar hazards of
employment.
The cause of the decedent's death is not listed in said Annex "A" as
occupational disease. To be compensable thereby the law requires that
the risk of contracting the disease is increased by the employment of the
deceased. But this requisite proof can be given only if the cause of the
disease cancer can itself be known. However, despite scientific advances
on the matter, even professional experts have not as yet determined its
cause. However, the requirement that the disease was caused or
aggravated by the employment or work applies only to an illness where
the cause can be determined or proved. Where cause is unknown or
cannot be ascertained, no duty to prove the link exists. For certainly the
law cannot demand impossibility.
Ovenson vs. ECC
The deceased worked as a trade analyst in the Central Bank of the
Philippines.
Under the law a "compensable sickness" means
1.) any illness definitely accepted as an occupational disease listed by the
ECC, or
JANE BORBE NOTES | JANE BORBE NOTES
2.) any illness caused by employment subject to proof by the employee
that the risk of contracting the same is increased by working conditions.
A cursory reading of the law shows that cancer of the rectum is not listed
by the ECC as one of the compensable diseases. The next question
therefore is whether the working conditions of claimant's deceased
husband predisposed him to contract cancer of the rectum.
The record reveals that the deceased contracted the fatal disease only in
1981 or after 16 years from the time he started to work as laborer in
1955. Respondent GSIS, relying on its medical evaluation, found that the
fatal illness of the deceased is attributed to genetic influence.
Respondent ECC ruled that although the true cause of cancer is yet
unknown, certain lesions may be considered pre-malignant in the rectum
and may be aggravated during the course of employment if there is
sufficient proof presented by the claimant. But as ruled by Us, this duty
to prove exists only when the cause of the disease is known. In a case
like the present one, even medical experts have not determined its cause,
and therefore the duty to prove does not exist for it is absurd for the law
to require impossibility.
De Clemente vs. WCC
Deceased Ricardo Clemente was employed as a machine set-up man by
Rattan. During his shift, Clemente, while asleep, died of a heart failure.
He was survived by his widow and children who filed a claim for death
compensation benefits under the WCC.
The deceased was found to have died of acute cardiorespiratory failure
during his sleep, commonly known as 'heart failure" and not of what
Rattan claims as "bangungot." While it is true that the De Clementes
failed to prove the causal link between the cause of the death of the
deceased to the nature of his work, yet, the Court cannot discount the
probability that his work, as a set-up man, caused or aggravated his
illness that led to his death. Considering the nature of the job of the
decedent, it may be fairly concluded that the strenuous physical activity
required in the performance of his duties caused a heavy strain on his
heart, which ultimately resulted in death.
To be entitled to compensation under the Workmen's Compensation Act,
the illness which resulted in the death of the employee must be directly
caused by his employment or either aggravated by, or the result of the
nature of his employment. In the interpretation of this rule, the Court
has adopted a liberal stand to give effect to the compassionate spirit of
the law as a social legislation, and has ruled that what the law merely
requires is a reasonable work connection and not a direct causal relation
of the illness or ailment to the job or working conditions present in the
course of the performance of one's duties. The degree of proof required
to establish work-connection between the disabling ailment and the
working conditions is merely substantial evidence.
Moreover, when illness supervenes during employment, there is a
disputable presumption that the claim is compensable. The claimant is
relieved of the duty to show causation as it is then legally presumed that
the illness arose out of the employment. The law presumes, in the
absence of substantial evidence to the contrary, that the claim for death
or disability benefits is compensable. The burden to disconnect, by
substantial evidence, the injury or sickness from the nature of the
employment is laid at the employer's door. So rigid is this rule that, even
where the cause of the employee's death is unknown, the right to
compensation subsists. The reason for this is, that the Workmen's
Compensation Act is a social legislation. It is designed to give relief to the
working man. To give effect to this purpose, the Act must be liberally
construed in favor of the worker.
The exact medical cause of the illness of an employee is not significant
for, granted for the sake of argument that the evidence of the claimant is
18
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
insufficient to establish a causal link between the nature of his
employment and his ailment under the provisions of Section 44 of the
Workmen's Compensation Act, as amended, still, it is to be presumed
that the illness which supervened at the time of his employment, either
arose out of or was at least aggravated by, such employment. This
presumption, rebuttable at its inception, becomes conclusive upon the
failure of the respondent employer to overcome the same.
Navalta vs. GSIS
The deceased's ailment is not an occupational disease listed by the ECC.
It becomes incumbent upon Navalta to prove that the employee's
working conditions, as a Port Administration Checker, increased the risk
of his contracting the fatal illness of pancreatic cancer. This task was not
satisfactorily discharged by Navalta.
As a general rule, cancer is a disease of still unknown origin which strikes
people in all walks of life, employed or unemployed unless it be shown
that a particular form of cancer is caused by specific working conditions
or environment, it cannot be concluded that it was the employment
which increased the risk of contracting the disease.
Casumpang vs. ECC
Jose Casumpang, formerly works as Prison Guard of the Bureau of
Prisons died from cancer of the stomach.
This case falls under the New Labor Code (NLC). After a close perusal of
the records of the case, nowhere does it appear that Casumpang
contracted his disease or ailments before January 1, 1975. There are no
medical findings, reports, affidavits or any indication that he was
suffering from any pain or discomfort prior to the effectivity of the Labor
Code which by liberal interpretation may have worked in his favor.
He was officially diagnosed with duodenal cancer in June 28, 1976. In his
medical history, this was traced to hematemesis and melena which
began in November 1975. In other words, all of his ailments were after
January 1, 1975. It is PD 626 which is applicable in this case and not the
Workmen's Compensation Act.
Under the former Workmen's Compensation Act or Act No. 3428 as
amended, the claimant was relieved of the duty to prove causation as it
was then legally presumed that the illness arose out of the employment
under the presumption of compensability. However, under the new law,
the principles of aggravation and presumption of compensability have
been stricken off by the lawmaker as grounds for compensation.
Under the NLC and Rules on Employees Compensation, for the sickness
and the resulting disability or death to be compensable, the sickness
must be the result of an occupational disease listed under the Rules with
the conditions set therein satisfied; otherwise, proof must be shown that
the risk of contracting the disease is increased by the working conditions.
Under the Labor Code, cancer of the stomach is not an occupational
disease considering the decedent's employment as prison guard.
Under the second ground for compensability, it should be shown that an
illness is caused by employment and that the risk of contracting the
same is increased by working conditions. Petitioner claims that her
deceased husband escorted inmates to work in the hinterlands of San
Ramon; that at times he was overtaken by rain; that he had to work at
night in case of prison escapes, and that he missed his meals owing to
the nature of his duties. It should be noted however, that said conditions
do not bring about cancer of the stomach. On the ailment of Casumpang,
the GSIS found that the evidence submitted are not sufficient to
establish that the ailment is the direct result of occupation or
employment as Prison Guard
JANE BORBE NOTES | JANE BORBE NOTES
Juan Bonifacio vs. GSIS and ECC
Dra. Corazon Yabes-Almirante of the Ospital ng Bagong Lipunan certified
that the late Lourdes Bonifacio underwent radical mastectomy for cancer
of the breast in 1973. In 1976, when her ailment was noted to have
metastasized to her abdomen, she submitted herself to an operation
known as "exploratory laparotomy" in March of the same year. On
September 1, 1978, she complained of "abdominal pain, abdominal
enlargement, vomiting, and failure to pass stools inspite of laxatives."
Upon operation it was found that her entire gastrointestinal tract was
enveloped by carcinoma. Despite chemotherapy, she died on October 5,
1978 from carcinoma of the breast metastatic to gastrointestinal tract
and lungs.
A compensable sickness means "any illness definitely accepted as an
occupational disease listed by the Employees Compensation Commission,
or any illness caused by employment subject to proof by the employee
that the risk of contracting the same is increased by working conditions.
For this purpose, the Commission is empowered to determine and
approve occupational diseases and work-related illnesses that may be
considered compensable based on peculiar hazards of employment.
Thus, for the sickness or the resulting disability or death to be
compensable, the sickness must be the result of an accepted
occupational disease fisted by the Employees Compensation Commission,
or any other sickness caused by employment subject to proof by
claimant that the risk of contracting the same is increased by working
conditions.
Carcinoma of the breast with metastases to the gastrointestinal tract and
lungs is not listed by the Commission as an occupational disease. The
cancer which affected the deceased not being occupational in her
particular employment, it became incumbent upon petitioner to prove
that the decedent's working conditions increased the risk of her
contracting the fatal illness. This onus petitioner failed to satisfactorily
discharge.
Under the present Labor Code, the "latitudinarian or expansive
application of the Workmen's Compensation Law in favor of the
employee or worker" no longer prevails as the burden of showing proof
of causation has shifted back to the employee particularly in cases of
sickness or injuries which are not accepted or listed as occupational by
the Employees Compensation Commission. As stated in Sulit vs.
Employees Compensation Commission [supra] "the Labor Code
abolished the presumption of compensability and the rule on
aggravation of illness caused by the nature of the employment.”
Telefast Communications vs. Castro
On 2 November 1956, Consolacion Bravo-Castro wife of plaintiff Ignacio
Castro, Sr. and mother of the other plaintiffs, passed away in Lingayen,
Pangasinan. On the same day, her daughter Sofia C. Crouch addressed a
telegram to plaintiff Ignacio Castro, Sr. announcing Consolacion's death.
The telegram was accepted by the defendant in its Dagupan office, for
transmission, after payment of the required fees or charges.
The telegram never reached its addressee, because Telefast was unable
to transmit the telegram because of "technical and atmospheric factors
beyond its control." 1 No evidence appears on record that defendant
ever made any attempt to advise the plaintiff Sofia C. Crouch as to why it
could not transmit the telegram.
Telefast is liable for damages.
Art. 1170 of the Civil Code provides that "those who in the performance
of their obligations are guilty of fraud, negligence or delay, and those
who in any manner contravene the tenor thereof, are liable for
19
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
damages." Art. 2176 also provides that "whoever by act or omission
causes damage to another, there being fault or negligence, is obliged to
pay for the damage done."
In the case at bar, petitioner and private respondent Sofia C. Crouch
entered into a contract whereby, for a fee, petitioner undertook to send
said private respondent's message overseas by telegram. This, petitioner
did not do, despite performance by said private respondent of her
obligation by paying the required charges. Petitioner was therefore guilty
of contravening its obligation to said private respondent and is thus
liable for damages.
This liability is not limited to actual or quantified damages. We find Art.
2217 of the Civil Code applicable to the case at bar. It states: "Moral
damages include physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shock, social
humiliation, and similar injury. Though incapable of pecuniary
computation, moral damages may be recovered if they are the
proximate results of the defendant's wrongful act or omission."
Angelita Tanedo vs. ECC and GSIS
It is clear that in order that "sickness and the resulting disability or
death ... be compensable," the claimant must show either:
1) that it is "the result of an occupational disease listed under Annex "A"
of .. (the ECC) Rules with the conditions set therein satisfied;" or
2) if not so listed, that "the risk of contracting the disease is increase by
the working conditions.
It being at once apparent that "chronic glomerulonephritis" is not among
the listed compensable illnesses in Annex "A" of the Amended Rules, it
behooved the petitioner to adduce persuasive proof that her decease
husband's death was caused not only by said disease but also and
additionally by renal hypertension and that Identified by her as "Koch's
pulmonary," as was the theory upon which she had founded her
application for death benefits, and that, additionally, "the risk of
contracting" those diseases was "increased by the working conditions"
attendant upon her husband's duties as janitor-laborer.
Regrettably, even under the less stringent evidentiary norm
of substantial evidence obtaining in employees 'compensation
proceedings, petitioner has failed to adduce such relevant evidence as a
reasonable mind might accept as adequate to support the conclusion
that she has urged the GSIS and the ECC to make. What the evidence
does establish, as the ECC observes, is that the disease and its
complications from which petitioner's husband died bore no causal
relation to the nature of his employment as janitor-laborer. His
hypertension was only a manifestation of his chronic glomerulonephritis,
was in other words "simply a complication," and was "not brought about
by employment factors." We perceive nothing in the record to warrant
reversal of these findings.
Napoleon Carin vs. ECC and GSIS
SC sustained the finding of the respondent Employees' Compensation
Commission that Napoleon failed to submit substantial evidence to
prove that his illness was caused by his employment or that the risk of
contracting it was increased by his working conditions as Special Counsel
in the Fiscal's Office of Cebu City.
Under the new law on employees' compensation, or Presidential Decree
No. 626, in case the sickness or illness is not an occupational disease, as
in the present case, to be compensable, proof must be adduced that the
risk of contracting the disease is increased by the working conditions.
Napoleon’s contention that the rule of compensability under Presidential
Decree No. 626, as amended, is a revival of the old law on workmen's
compensation or Act 3428, particularly Section 44 thereof, which
recognized the presumption of compensability, is not meritorious. The
JANE BORBE NOTES | JANE BORBE NOTES
principle of presumption of compensability no longer obtains under the
new law on Employees' Compensation.
De Jesus vs. ECC
Since the ailments of the deceased manifested themselves in 1978 or
beyond January 1, 1975, the law governing the petitioner's claim is the
New Labor Code.
Under Article 167 (L) of the New Labor Code and Section I (b), Rule III of
the Amended Rules on Employees' Compensation, for the sickness and
the resulting disability or death to be compensable, the sickness must be
the result of an occupational disease listed under Annex "A" of the Rules
with the conditions set therein satisfied; otherwise, proof must be
shown that the risk of contracting the disease is increased by the
working conditions.
While this court has always maintained that the strict rules of evidence
are not applicable in claims for compensation (Neri v. Employees'
Compensation Commission, 127 SCRA 672), the basic rule that a mere
allegation is not evidence (Topweld Manufacturing, Inc. v. Court of
Appeals, et al., G.R. No. 44944, August 9, 1985; Lagasca v. de Vera, 79
Phil. 376) should not be disregarded.
Under the old Workmen's Compensation Act, as amended, which
provided for the concepts of "presumption of compensability" and
"aggravation" it was possible to stretch the work related nature of an
ailment beyond seemingly rational limits.
In this case, however, there is no dispute that the governing law is the
New Labor Code, which according to settled jurisprudence, discarded the
aforesaid concepts to restore a sensible equilibrium between the
employer's obligation to pay workmen's compensation and the
employee's rights to receive reparation for work-connected death or
disability.
Carvajal vs. ECC
Under Article 1167 (I), Presidential Decree No. 626, as amended, a
"compensable sickness means (1) any illness definitely accepted as an
occupational disease listed by the ECC; or (2) any illness caused by
employment subject to proof by the employee that the risk of
contracting the same is increased by working conditions."
Records reveal that petitioner's wife while working as Campaign Clerk in
the Treasurer's Office of San Julian, Eastern Samar, suffered "two attacks
of vaginal bleeding and hypogastric pain" attributing said ailment to the
lifting of heavy tax declaration books, due to abortion incomplete.
Moreover, spontaneous abortion may result from the influence of
periodicity as the uterine muscle reaches a certain state of detention; or
in various accidents as a fall, strain or overmuscular exertion when the
uterus reacts and expels its load. Therefore, the opinion of the ECC
Medical Officer (ECC Record, p. 20) that there was no causal relation
between the ailment of petitioner's spouse and the nature and/or
conditions of his wife's employment cannot overcome the substantial
evidence submitted by petitioner.
Bandila Shipping vs. Abalos
Since cholecystolithiasis or gallstone has been excluded as a
compensable illness under the applicable standard contract for Filipino
seafarers that binds both respondent Abalos and the vessel’s foreign
owner, it was an error for the CA to treat Abalos’ illness as
"work-related" and, therefore, compensable. The standard contract
precisely did not consider gallstone as compensable illness because the
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SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
parties agreed, presumably based on medical science, that such affliction
is not caused by working on board ocean-going vessels.
If respondent Abalos had instead been sick of asthma and the shipping
company knew of it even as it assigned him to do work that exposed him
to allergens, then it can be said that the company assigned him work
that aggravated his illness. Here, however, he himself was unaware that
he had gallstone until excruciating pains manifested its presence for the
first time when his vessel was sailing the seas.
Mirasol vs. ECC
The petitioner, Eligio P. Mirasol, while in good health, was appointed as
classroom teacher on August 1, 1945 in the public school in Libmanan,
Camarines Sur. The petitioner was given additional assignment as District
Vocational Coordinator. It was the petitioner's duty to visit monthly all
the district schools. On August 25, 1973, he experienced for the first time
symptoms of malignant hypertension and rheumatoid arthritis. His
retirement was brought about by ailments diagnosed as high blood
pressure and rheumatoid arthritis, both knees.
It is a fact that part of the duties of the petitioner was to make monthly
visits to various schools which are not accessible by road. To reach these
mountainous schools, the petitioner had to hike through muddy
ricefields and climb slippery mountains during sunny and rainy days.
During these monthly visits, the petitioner fell down many times because
of the slippery paths in the ricefields and trails in the mountains. The
ailments of hypertension and rheumatoid arthritis, both knees, must
have been caused by the exposure to the elements of the petitioner and
his falling down many times while hiking in muddy ricefields and on
slippery mountain trails under all kinds of weather conditions on his way
to the barrio schools not accessible by road.
There is sufficient substantial evidence of record to show that the
ailments of the petitioner were caused by the duties of his employment
and that the risk of contracting said ailments was increased by the
working conditions. He is entitled to permanent total disability
compensation.
Rosales vs. ECC, GSIS and DBP
Under PD No. 626 [which took effect on 1 January 1975] for an illness to
be compensable, it must be one definitely accepted as an occupational
disease listed by the Commission, or any illness caused by employment
subject to proof by the employee that the risk of contracting the same
was increased by working conditions.
The ECC denied the claim because Rheumatoid Arthritis was not an
occupational disease, and that, as required by law, Rosales failed to
show proof that the risk of contracting the disease was increased by his
working conditions. In denying, petitioner's claim, the ECC properly
applied PD No. 626.
In workmen's compensation cases, the governing law is determined by
the date on which the claimant contracted his illness. Thus, where an
ailment supervened before the new Labor Code took effect, the
governing law is the old Workmen's Compensation Act. On the other
hand, where an ailment occurred after 1 January 1975, the new law on
Employees' Compensation applies.
Applying the foregoing rules to the present case, we find nothing in the
allegations as to when Rosales contracted the disease. For failure to do
so, and having filed his claim under PD. No. 626, the presumption is that
he contracted the disease after the effectivity of PD No. 626 on 1 January
1975.
JANE BORBE NOTES | JANE BORBE NOTES
Villones vs. ECC
Considering the undisputed nature of the deceased's employment as
Secondary School Teacher, it becomes inevitable for him to be in
constant contact with people who may be afflicted with PTB, which is a
highly communicable disease, and it is not surprising that he should
contract tuberculosis so that from December 4 to 20, 1972 he was forced
to go on sick leave. When he was able to resume work, he was again
exposed to same working conditions thus aggravating his illness until he
suddenly died on September 2, 1975 of sever hemoptysis due to PTB.
It must be pointed out that as early as December 4 to 20, 1972, the
deceased Villones was already entitled to disability benefits under
Section 14 of the Workmen's Compensation Act, as amended, because
his illness prevented him from reporting to his work for more than three
(3) days; and under such a situation, his employer (Department of
Education and Culture) was obligated under Section 37 of the same Act
to file a notice of illness with the Workmen's Compensation Commission
and to manifest its intention of whether or not to controvert his right to
compensation.
There is no showing that respondent employer has complied with its
duty under Sections 37 and 45 of the Workmen's Compensation Act, as
amended, of filing with the Workmen's Compensation Commission a
notice of the initial illness of its employee, Rolando Villones, as well as
his subsequent death on September 2, 1975, and of controverting the
right to compensation within the prescribed period of fourteen (14) days
from the occurrence of the disability or death, or within ten (10) days
from knowledge thereof.
It cannot be denied that respondent employer had knowledge of the
illness of the deceased Villones because he applied for sick leave from
December 4 to 20, 1972, as well as knowledge of the subsequent death
of Rolando Villones on September 2, 1975 because he died on a regular
working day; hence, the fact of death could not have escaped the notice
or knowledge of the principal and or supervisor. Such knowledge by the
principal and/or supervisor, being agents of the respondent employer, is
deemed in law as knowledge of the respondent employer.
Failure to comply with said sections constitutes a renunciation of the
employer's right to controvert the claim, resulting in the waiver of all its
non-jurisdictional defenses, such as the non-compensability of the claim.
Finally, the grant of compensation benefits to herein petitioner will not
be impaired even if he (petitioner himself) entertains doubts as to the
real cause of the death of his son when he stated that no autopsy was
made nor was there anybody who actually examined the deceased prior
to or after his death. At any rate, pulmonary tuberculosis is concededly
one of the causes of hemoptysis. Even unexplained deaths, the occasion
and circumstances of which are unknown or undetermined, are usually
deemed compensable, as long as there is some basis in the facts for
inferring a work-connection, a causal relation between the death and the
employment. And, in case of doubt in the implementation and
interpretation of the provisions of the Labor Code, including its
implementing rules and regulations, the same shall be resolved in favor
of the laborer (Art. 4, PD No. 442, as amended; Art. 1702, New Civil
Code).
Zosimo Capacio vs. RP (Bureau of Public Schools)
The records of the case reveal that the petitioner suffered from peptic
ulcer, hypertension and schistosomiasis. Feeling that he could not
withstand the rigors and continuous strain of his teaching job with his
assignment in a remote barrio which entailed the stamina of walking for
one and one-half hours, he retired on his 60th birthday. All along he
could have served the whole length of a normal civil service tenure of
work with the retirement age of 65. His daily hike from the town proper
21
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
passing through rivers, creeks, streams and rough roads, trails and
woodland affected his health.
There is on record the fact that after retirement, he immediately filed his
claim for sickness compensation with the Department of Labor Regional
Office No. 9, Workmen's Compensation Unit in Tacloban City. He
submitted himself to medical examination by the physician of the
Workmen's Compensation Unit. After this examination, the medical
officer studied his case and then ordered that the petitioner be
hospitalized in Tacloban City.
These facts show that the illness of the petitioner occurred during the
course of his employment.
The petitioner took the Commission to task for not taking into
consideration the mandatory provision of Section 45, Act No. 3428, as
amended, wherein the employer (in this case the Bureau of Public
Schools) is given up to 14 days from disability, or 10 days after it had
knowledge of the alleged illness, to controvert the right of the claimant;
otherwise, by operation of law, the employer waives or renounces the
right to dispute its liability for said compensation.
Regarding the point of presumption of compensability, we had occasion
to rule that the presumption of compensability shifts the burden of proof
on the employer to show the contrary. Where the illness supervened
during the time of employment, there was rebuttable presumption that
the illness arose out of or at least was aggravated by the employment.
As to the contention that petitioner's illness was not work connected as
he got sick after his retirement: There is no proof that the respondent
was able to overcome the presumption under Section 44 of Act No. 3428
that the illness or injury either arose out of, or was at least aggravated by
his employment. Moreover, the petitioner's ailment occurred while he
was an employee — a teacher working under the hazardous conditions
of that far-flung town. There is a showing that his illness was caused or
was aggravated by his teaching duties. He got his schistosomiasis from
his daily hike to his place of work, the barrio school.
As regards a teacher's ailment, We had occasion to say that:
"Presumption of compensability is rendered conclusive by reason of
employee's employment as barrio school teacher and working conditions
which increased the risk of contracting her illness and failure of employer
to rebut presumption.”
"Reasonable work connection, not direct causal relation between the
disease and employment is the only requirement to establish
compensability, and actual proof of causation is not necessary to justify
compensability."
In one of our latest rulings on employment compensation of teachers,
We opined:
"The teachers shall be protected against the consequences of
employment injury in accordance with existing laws. The effects of the
physical and nervous strain in the teacher's health shall be recognized as
compensable occupational diseases in accordance with existing laws."
Zozobrado vs. ECC and GSIS
Petitioner filed a claim for total and permanent disability with the GSIS
based on the following clinical history:
 December 1967: glaucoma operation (OS) of the left eye.
 August 1970: glaucoma operation (OD) of the right eye.
 May 1978: he had an operation for "cataract, mature (OS)," and
submitted himself for lens extraction at the Perpetual Succor
Hospital in Cebu City.
JANE BORBE NOTES | JANE BORBE NOTES
GSIS denied the claim on the ground that under PD No. 626 (as amended)
glaucoma and cataract are not occupational diseases.
Petitioner moved for reconsideration. He averred that his eye ailment
can be considered to have emanated from his as engineer because his
work entailed constant use of his vision.
The applicable law at the time petitioner contracted the cataract in 1978
is the Labor Code.
Section 1 (b), Rule III of the Amended Rules on Employees'
Compensation embodied therein explicitly provides:
"SECTION 1. xxx xxx xxx
(c)For the sickness and the resulting disability or death to be
compensable, the sickness must be the result of an occupational disease
listed under Annex 'A' of these rules with the conditions set therein
satisfied; otherwise, proof must be shown that the risk of contracting the
disease is increased by the working conditions."
The doctrine of "presumptive compensability” in the old Workmen's
Compensation Law that when an illness supervenes during the course of
employment it is deemed to have either arisen out of or been
aggravated by petitioner's employment has been abandoned.
Under Presidential Decree No. 626, as amended, the present law on
compensation, the listed occupational diseases are compensable when
the conditions contained therein are met, and certain diseases are
allowed to be compensable whenever the claimant can prove that the
risk of contracting the disease is increased by the conditions of the
employment of the deceased. As to the degree of proof required, the
claimant must show at least by substantial evidence that the
development of the disease is brought largely by the conditions present
in the nature of the job.
Petitioner's eye ailment is "cataract, senile OS" of the left eye. Senile
cataract is not a listed occupational disease. Neither does it have any
causal connection with his work as District Engineer in Marawi City. It is
due to degenerative changes accompanying the aging process. It is not
generated by strain on the eyes, as petitioner claims. Nor was the risk of
contracting it aggravated by the nature of his duties or his working
conditions. It is a physiologic process occurring after the fourth decade
of life and to which everyone is exposed whether employed or not. The
claim for disability benefits, therefore, was correctly denied by public
respondents.
Eduardo Laginlin vs. WCC
Laginlin worked as a field worder; he eventually contracted PTB.
Ample jurisprudence has now been established that, where the illness or
disease was contracted by the employee in the course of his
employment, said employee is entitled to disability compensation under
the Workmen's Compensation Act. Compensability is presumed where
illness supervened during employment and, with the presumption of
compensability of illness, the burden of proof is shifted to the employer
and the employee is relieved of the duty to show causation.
An x-ray examination is not even essential to prove the claim of the
petitioner for disability compensation due to illness which he contracted
while under the employ of private respondents. In fact, it was private
respondents' company physician who examined the petitioner and,
finding him to be suffering from pulmonary tuberculosis, made a
recommendation for petitioner's retirement before he reaches the
retirable age under the law. In view of the approval by private
respondents of the petitioner's early retirement, the fact of his disability
was placed beyond question or doubt.
22
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
Furthermore, the disease of tuberculosis is an occupational disease or
work-connected in such occupations, as that of a teacher, laborer, driver,
land inspector and other similar occupations; hence compensable.
Also, the evidence necessary to destroy the legal presumption of
compensability must do more than create a doubt. It should be such as a
reasonable mind must accept as adequate to support a conclusion.
Where an employee was forced to retire at an early age due to his illness,
and illness persisted even after retirement, resulting in his present
unemployment, such condition amounts to total disability which should
entitle him to the maximum benefits allowed by law. The fact that
petitioner received a retirement benefit from his employer does not bar
him from being entitled to a disability compensation benefit under the
Workmen's Compensation Act, having in mind that the purpose of the
disability benefit is separate and distinct from the retirement benefit
given to an employee upon reaching the age of retirement. The disability
benefit under the Act is to compensate the worker for his actual loss, for
his disablement to earn wages in the same kind of work which he is
engaged in, or work of similar nature. On the other hand, the retirement
benefit is intended to help the employee enjoy the remaining years of his
life, lessening the burden of worrying for his financial support and as a
form of reward for his loyalty and service to the employer.
Gilbert Quizora vs. Denholm Crew Management
In 1992, Denholm, a domestic manning agency that supplied manpower
to Denklav Maritime Services, Ltd. (Denklav), a foreign maritime
corporation, hired the services of Gilbert Quizora (petitioner) to work as
a messman on board the international vessels of Denklav (MV Leopard).
After the expiration of his contract with "MV Leopard," petitioner was
lined up for another assignment to a different vessel, but he was later
disqualified for employment and declared unfit for sea duty after he
medically found to have varicose veins.
Unfortunately for Gilbert, he failed to prove that his varicose veins arose
out of his employment with respondent company. Except for his bare
allegation that it was work-related, he did not narrate in detail the
nature of his work as a messman aboard Denklav’s vessels. He likewise
failed to particularly describe his working conditions while on sea duty.
He also failed to specifically state how he contracted or developed
varicose veins while on sea duty and how and why his working conditions
aggravated it. Neither did he present any expert medical opinion
regarding the cause of his varicose veins. No written document
whatsoever was presented that would clearly validate his claim or visibly
demonstrate that the working conditions on board the vessels he served
increased the risk of acquiring varicose veins.
Flaviano Nemaria vs. ECC and GSIS
Rosario Nemaria was appointed classroom teacher in November, 1948.
From September 8-25 1978, Rosario Nemaria was confined at the
Southern Islands' Hospital, Cebu City, for on and off severe abdominal
pains, anorexia, weight loss and jaundice, indicative of cancer of the liver,
duodenal ulcer and cancer of the breast.
Alleging that the cause of his wife's death was due to her employment as
a classroom teacher, Flaviano filed with the respondent Government
Service Insurance System (GSIS), a claim for death benefits under
Presidential Decree No. 626 as amended.
It is not disputed that the ailments of the deceased were not
listed/enumerated under Annex "A" of the Amended Rules on
Employees Compensation with respect to public school teachers but
petitioner anchors his claim under the theory of "increased risk," that is,
JANE BORBE NOTES | JANE BORBE NOTES
when said illness is caused by employment subject to proof that the risk
of contracting the same is increased by the working conditions.
To establish compensability of the claim under the theory of increased
risk under Section 1 (b) Rule 111 of P.D. 626, the claim must show proof
of reasonable work connection and not necessarily a direct casual
relation. Impliedly, the degree of proof required is merely substantial,
which means "such relevant evidence as a reasonable mind might accept
as adequate to support a conclusion." Strict rules of evidence are not
applicable in claims for compensation. There are no stringent criteria to
follow. The degree of proof required under P.D. 626 is merely substantial
evidence. Thus, it has been ruled that a reasonable work-connection is
all that is required or that there was a showing that the risk of
contracting the disease is increased by the working conditions
The decedent, a public school teacher assigned in a municipality several
kilometers away from the provincial capital, rendered her services for
more or less twenty-nine (29) years. She started in November 1948 as
classroom teacher assigned in the poblacion of Badian, Cebu and from
thence she was assigned to the Municipality of Ronda, Cebu, which is a
blighted area, where she continued to discharge her duties as classroom
teacher. Under those circumstances, the possibility would not be remote,
that she suffered impaired nutrition and while working in a farflung rural
area where foodstuffs are not closely examined before being eaten, it is
not too far-fetched to consider that she was exposed to hepatic
carcinogens which reportedly were ingested therein.
Corollary thereto, it is undisputed that the deceased was in good health
when she entered the government service, otherwise, she would not
have been accepted for insurance purposes by the Government Service
Insurance System. The conclusion is therefore inevitable, that the
decedent's ailments developed during her employment while working
under conditions which predisposed her thereto.
The Labor Code is clear that it does not only confine compensable
diseases to those enumerated therein as occupational. It also
contemplates illness caused by employment where the risk of
contracting the same is increased by the working conditions thereof (2nd
paragraph, Art. 208, P.D. 626). The Court has ruled that cancer of the
liver though not an occupational disease, may be deemed
work-connected. Moreover, in the case of Abana v. Quisumbing, 22 SCRA
1279, the Court held that under the law, it is not required that the
employment be the sole factor in the growth development or
acceleration of claimant's illness to entitle him to the benefits provided
for. It is enough that his employment had contributed even in a small
degree.
Also, the measurement that the disease was caused or aggravated by the
employment or work applies only to an illness where the cause can be
determined or proved. Where cause is unknown or cannot be
ascertained, no duty to prove the link exists. For certainly, the law
cannot demand an impossibility.
Moreover, cancer being a disease which is often discovered when it is
too late, the possibility that its onset was even before the effectivity of
the New Labor Code cannot be discounted. As a consequence the
presumption of compensability and the theory of aggravation under the
Workmen's Compensation Act cannot be totally disregarded.
23
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
MATERNITY LEAVE
(RA 1161, as amended by RA 8282)
A female member who has paid at least 3 monthly contributions in the
12-month period immediately preceding the semester of her childbirth
or miscarriage shall be paid a daily maternity benefit equivalent to 100%
of her average daily salary credit for 60 days or 78 days in case of
caesarian delivery, subject to the following conditions:
A. That the employee shall have notified her employer of her
pregnancy and the probable date of her childbirth, which notice
shall be transmitted to the SSS in accordance with the rules and
regulations it may provide;
 As soon as a member’s pregnancy is confirmed, she must
immediately notify her employer (if employed) or the SSS
directly (if separated from employment / self-employed /
voluntary member) of the pregnancy and the probable date
of her child birth at least 60 days from the date of
conception.
B. The full payment shall be advanced by the employer within 30
days from the filing of the maternity leave application;
C. That payment of daily maternity benefits shall be a bar to the
recovery of sickness benefits for the same period for which daily
maternity benefits have been received;
 (as a rule, no member can be entitled to 2 benefits for the
same period)
D. That the maternity benefits shall be paid only for the first 4
deliveries or miscarriages;
E. That the SSS shall immediately reimburse the employer of the
amount of maternity benefits advanced to the employee by the
employer upon receipt of satisfactory proof of such payment and
legality thereof; and
 For this purpose, all employers are required to enroll in the
Sickness and Maternity Benefits Payment thru-the-Bank
Program (SMP-PTB) wherein SSS reimbursements will be
deposited directly to the existing savings / current account
of the employer in an SSS-accredited bank.
F. That if an employee member should give birth or suffer
miscarriage without the required contributions having been
remitted for her by her employer to the SSS, or without the latter
having been previously notified by the employer of the time of the
pregnancy, the employer shall pay to the SSS damages equivalent
to the benefits which said employee member would otherwise
have been entitled to.
 If the member gives birth or suffers miscarriage but the
contributions were not remitted by the employer, the
benefits that the member would have been entitled to shall
be paid by the employer.
Coverage:
This benefit applies to all female employees, whether married or
unmarried.
Entitlement:
Every pregnant employee in the private sector, whether married or
unmarried, is entitled to maternity leave benefit for 60 days in case of
normal delivery or miscarriage / ectopic pregnancy without operation
JANE BORBE NOTES | JANE BORBE NOTES
(H-mole), or 78 days, in case of caesarian section delivery, with benefits
equivalent to 100% of he average daily salary credit of the employee.
To be entitled to the maternity leave benefit, a female employee:
 should be an SSS member employed at the time of her delivery or
miscarriage;
 She must have given the required notification to the SSS through
her employer; and
 Her employer must have paid at least 3 monthly contributions to
the SSS within the 12-month period immediately before the date
of the contingency (I.e. childbirth or miscarriage).
 If she is self-employed or a voluntary member, she must have
given the required notification of her pregnancy directly to the
SSS.
The maternity leave benefit, like other benefits granted by the SSS, is
granted to employees in lieu of wages. Thus, this may not be included in
computing the employee’s 13th month pay for the calendar year.
PATERNITY LEAVE
(RA 8187)
An Act Granting Paternity Leave of 7 Days with Full Pay to all Married
Male Employees in the Private and Public Sectors for the First 4 Deliveries
of the Legitimate Spouse with whom He is Cohabiting and For Other
Purposes
Paternity Leave
 This refers to the leave benefits granted to a married male
employee allowing him not to report for work for 7 days but
continues to earn the compensation therefor, on the condition
that his spouse has delivered a child or suffered a miscarriage for
the purpose of lending support to his wife during her period of
recovery and / or nursing of the newly born child.
 Paternity Leave is granted to all married male employees in the
private sector, regardless of their employment status (e.g.
probationary, regular, contractual, project basis).
 Government employees are also entitled to the paternity leave
benefit. The rules on paternity leaves of employees in the public
sector shall be promulgated by the Civil Service Commission.
Conditions:
A. He is an employee at the time of delivery of his child;
B. He is cohabiting with his spouse at the time she gives birth or
suffers a miscarriage;
 If the spouses are not physically living together because of
the workstation or occupation, the male employee is still
entitled to the paternity leave benefit.
C. He has applied for paternity leave with his employer within a
reasonable period of time from the expected date of deliver by his
pregnant spouse, or within such period as may be provided by
company rules and regulations, or by collective bargaining
agreement; and
D. His wife has given birth or suffered a miscarriage.
Application for Leave:
24
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
The married male employees shall apply for paternity leave with his
employer within a reasonable period of time from the expected date of
delivery by the pregnant spouse, or within such period as may be
provided by company rules and regulations or by collective bargaining
agreement, provided that prior application for leave shall not be
required in case of miscarriage.
Availment:
Paternity Leave Benefits shall be granted to the qualified employee after
the delivery by his wife, without prejudice to an employer allowing an
employee to avail of the benefit before or during the delivery; provided,
that the total number of days shall not exceed 7 days for each delivery.
Benefits:
The employee is entitled to his full pay, consisting of basic salary, for the
7 days during which he is allowed not to report for work, provided, that
his pay shall not be less than the mandated minimum wage.
The paternity leave shall be for 7 calendar days, with full pay, consisting
of basic salary and mandatory allowances fixed by the Regional Wage
Board, if any, provided that his pay shall not be less than the mandated
minimum wage.
Non-commutation of benefits / Nonconversion to Cash:
In the event that paternity leave benefit is not availed of, said leave shall
not be convertible to cash.
Crediting of existing benefits:
Where a male employee is already enjoying the paternity leave benefits
by reason of contract, company policy or collective bargaining
agreement, the following rules shall apply:
A. If the existing paternity leave benefit is greater than the benefit
herein provided, the greater benefit shall prevail;
B. If the existing paternity leave is less than that provided herein,
such existing benefit shall be adjusted to the extent of the
difference.
 However, where a contract, company policy or collective
bargaining agreement provides for an emergency or contingency
leave without specific provisions on paternity leave, the paternity
leave as herein provided shall apply in full.
Penalty:
Any person, corporation, trust, firm, partnership, association or entity
found violating any provision of these rules shall be penalized:
 By a fine not exceeding 25,000, or
 Imprisonment of not less than 30 days nor more than 6 months.
If the violation is committed by a corporation, trust or firm, partnership,
association or any other entity, the penalty of imprisonment shall be
imposed on the entity’s responsible officers, including but not limited to,
the president, vice president, chief executive officer, general manager,
managing director or partner directly responsible therefor.
Transitory Provision:
All qualified employees whose spouse delivered a child or suffered a
miscarriage on or after July 5, 1996 are entitled to paternity leave.
JANE BORBE NOTES | JANE BORBE NOTES
PARENTAL LEAVE FOR SOLO PARENTS
(RA 8972)
Solo Parents’ Welfare Act of 2000
The rules provide for Parental Leave shall be liberally construed in favor
of the solo parent.
Declaration of Policy:
It is the policy of the State to promote the family as the foundation of
the nation, strengthen its solidarity and ensure its total development.
Solo Parent:
1. A woman who gives birth as a result of rape or crimes against
chastity, even without final conviction of the offender. Provided,
that the mother keeps and raises the child;
2. Parent left solo or alone with the responsibility of parenthood due
to death of spouse;
3. Parent left solo or alone with the responsibility of parenthood
while spouse is detained, or is serving sentence for a criminal
conviction for at least 1 year;
 The law applies to the spouses of prisoners, whether or not
a final judgment has been rendered, provided they are in
detention for a minimum period of 1 year.
4. Parent left solo or alone with the responsibility of parenthood due
to physical and/or mental incapacity of spouse as certified by a
public medical practitioner;
5. Parent left solo or alone with the responsibility of parenthood due
to legal separation or de facto separation from spouse for at least
1 year. Provided, that he or she is entrusted with the custody of
the children;
6. Parent left solo or alone with the responsibility of parenthood due
to declaration of nullity or annulment of marriage as decreed by a
court or by a church. Provide, that h/she is entrusted with the
custody of the children;
7. Parent left solo or alone with the responsibility of parenthood due
to abandonment or spouse for at least 1 year;
8. Unmarried mother/father who has preferred to keep and rear
his/her child/children instead of having others care for them or
give them up to a welfare institution;
9. Any other person who solely provides parental care and support
to a child or children provided he/she is duly licensed as a foster
parent by the DSWD or duly appointed legal guardian by the
court;
10. Any family member who assumes the responsibility of head of
family as a result of death, abandonment, disappearance or
prolonged absence of the parents or solo parent: Provided, that
such abandonment, disappearance, or absence lasts for at least 1
year.
 The family member referred to shall include any relative by
consanguinity up to the 4th civil degree. These persons shall
include, but are not limited to, any uncle, aunt, grandfather,
grandmother, niece, nephew, or cousin.
25
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
A change in the status or circumstance of the parent claiming benefits
under the Act, such that he/she is no longer heft alone with the
responsibility of parenthood, shall terminate his/her eligibility for these
benefits.
Children:
Refer to those living with and dependent upon the solo parent for
support who are unmarried, unemployed, and below 18 years old, or
even 18 years old and above, but are incapable of self-support and/or
mentally and/or physically challenged.
Parental Leave:
Leave benefits granted to a solo parent to enable him/her to perform
parental duties and responsibilities where physical presence is required.
In addition to leave privileges under existing laws, parental leave of not
more than 7 working days every year, with full pay, consisting of basic
salary and mandatory allowances fixed by the Regional Wage Board,
shall be granted to any solo parent employee who has rendered service
of at least 1 year. The 7-day parental leave shall be non-cumulative.
Flexible Work Schedule:
This is the right granted to a solo parent employee to vary his/her arrival
and departure time without affecting the core work hours as defined by
the employer.
 In case of employees in the government service, flexible working
hours will be subject to the discretion of the head of agency. In no
case shall the weekly working hours be reduced in the event the
agency adopts the flexible working hours schedule format. In the
adoption of flexi-time, the core working hours shall be prescribed
taking into consideration the needs of the service.
Qualifications of Solo Parent:
A. A resident of the area where the assistance is sought, as certified
by the barangay captain; provided, that if the solo parent is a
transferee from another barangay, he/she is required to secure
clearance from his/her barangay, indicating whether or not he/she
has availed of any benefits for solo parents, and the nature of such
benefits.
B. With an income level equal to or below the poverty threshold.
Work Discrimination:
No employer shall discriminate against any solo parent employee with
respect to terms and conditions of employment on account of his/her
status.
Conditions for Entitlement of Parental Leave:
A. He/She has rendered at least 1 year of service whether continuous
or broken at the time of the effectivity of the Act;
B. He/She has notified his/her employer of the availment thereof
within a reasonable time period; and
C. He/She has presented a Solo Parent Identification Card to his/her
employer.
Non-Conversion of Parental Leave:
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In the event that the parental leave is not availed of, said leave shall not
be convertible to cash unless specifically agreed upon previously.
However, if said leave was denied an employee as a result of
non-compliance with the law by an employer, the leave may be used as a
basis for the computation of damages.
Crediting of Existing Leave:
If there is an existing or similar benefit under a company policy, or a
collective bargaining agreement or collective negotiation agreement, the
same shall be credited as such.
If the same is greater than the 7 days provided in this law, the greater
benefit shall prevail.
Emergency or contingency leave provided under a company policy or a
collective bargaining agreement shall not be credited as compliance with
the parental leave provided for under the law.
Termination of the Benefit:
A change in the status or circumstance of the parent claiming the benefit
under the law, such that he/she is no longer left alone with the
responsibility of parenthood, shall terminate his/her eligibility for this
benefit.
LEAVE FOR VICTIMS OF VAWC
(RA 9262)
It is declared that the State values the dignity of women and children and
guarantees full respect for human rights.
The State also recognizes the need to protect the family and its members,
particularly women and children from violence and threats to their
personal safety and security.
Violence Against Women and Their Children:
This refers to any act or a series of acts committed by any person against
a woman who is his wife, former wife, or against a woman with whom
the person has or had a sexual or dating relationship, or with whom he
has a common child or against her child whether legitimate or
illegitimate, within or without the family abode, which results in or is
likely to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.
It includes, but is not limited to, the following acts:
1. Physical violence
2. Sexual Violence
3. Psychological Violence
4. Economic Abuse
Battery:
Refers to an act of inflicting physical harm upon the woman or her child
resulting to physical and psychological or emotional distress.
Battered Woman Syndrome:
26
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
This refers to a scientifically defined pattern of psychological and
behavioral symptoms that have resulted from cumulative abuse found in
women living in battering relationships.
Children:
Refer to those below 18 years of age or older, but are incapable of taking
care of themselves. It includes biological children of the victim and other
children under her care.
Acts of Violence Against Women and Their Children:
A. Causing physical harm to the woman or her child;
B. Threatening to cause the woman or her child physical harm;
C. Attempting to cause the women or her child physical harm;
D. Placing the woman or her child in fear of imminent physical harm;
E. Inflicting or threatening to inflict physical harm on oneself for the
purpose of controlling her actions or decisions;
F. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child.
Public Crime:
Violence against women and their children shall be considered a public
offense which may be prosecuted upon the filing of a complaint by any
citizen having personal knowledge of the circumstances involving the
commission of the crime.
Entitlement to Leave (Section 43):
Victims under this Act shall be entitled to take a paid leave of absence up
to 10 days in addition to other paid leaves under the Labor Code and
Civil Service Rules and Regulations, extendible when the necessity arises
as specified in the protection order.
Any employer who shall prejudice the right of the person under this
section shall be penalized in accordance with the provisions of the Labor
Code and Civil Service Rules and Regulations.
Likewise, an employer who shall prejudice any person for assisting a
co-employee who is a victim under this Act shall like wise be liable for
discrimination.
Ten-day Paid Leave in Addition to Other Leave Benefits (S. 42, IRR)
At any time during the application of any protection order, investigation,
prosecution and/or trial of the criminal case, a victim of VAWC who is
employed shall be entitled to a paid leave of up to ten (10) days in
addition to other paid leaves under the Labor Code and Civil Service
Rules and Regulations and other existing laws and company policies,
extendible when the necessity arises as specified in the protection order.
The Punong Barangay/kagawad or prosecutor or the Clerk of Court, as
the case may be, shall issue a certification at no cost to the woman that
such an action is pending, and this is all that is required for the employer
to comply with the 10-day paid leave.
For government employees, in addition to the aforementioned
certification, the employee concerned must file an application for leave
citing as basis R.A. 9262. The administrative enforcement of this leave
entitlement shall be considered within the jurisdiction of the Regional
Director of the DOLE under Article 129 of the Labor Code of the
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Philippines, as amended, for employees in the private sector, and the
Civil Service Commission, for government employees
The availment of the ten day-leave shall be at the option of the woman
employee, which shall cover the days that she has to attend to medical
and legal concerns. Leaves not availed of are noncumulative and not
convertible to cash.
The employer/agency head who denies the application for leave, and
who shall prejudice the victim-survivor or any person for assisting a
co-employee who is a victim-survivor under the Act shall be held liable
for discrimination and violation of R.A 9262.
The provision of the Labor Code and the Civil Service Rules and
Regulations shall govern the penalty to be imposed on the said
employer/agency head.
Coverage and Purpose:
Private Sector women employees who are victims shall be entitled to the
paid leave benefit.
The leave benefit shall cover the days that the woman employee has to
attend to medical and legal concerns.
Requirement for Entitlement:
To be entitled to the leave benefit, the only requirement is for the
victim-employee to present to her employer a certification from the
barangay chairman (Punong Barangay) or barangay councilor (Barangay
Kagawad) or prosecutor or the Clerk of Court, as the case may be, that
an action relative to the matter is pending.
The Benefit:
The usage of the 10-day leave shall be at the option of the woman
employee. In the event that the leave benefit is not availed of, it shall not
be convertible to cash and shall not be cumulative.
13th MONTH PAY
(PD 851)
All employers in the private sector are required to pay their rank-and-file
employees a 13th month pay on or before Decmber 24 every year.
13th Month Pay:
This refers to the 1/12 of the basic salary of the employee within a
calendar year.
Basic Salary:
This shall include all remunerations or earnings paid by an employer to
an employee for services rendered but may not include:
 cost-of-living allowances,
 profit-sharing payments,
 cash equivalent of unused vacation and sick leave credits,
 overtime pay,
 premium pay,
 night shift differential,
 holiday pay, and
 all allowances and monetary benefits which are not considered, or
integral as part of the regular or basic salary of the employee.
27
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
Coverage:
Rank-and-file employees in the private sector shall be entitled to 13th
month pay regardless of the nature of their employment - their position,
designation, or employment status, and irrespective of the method by
which their wages are paid, provided that they have worked for at least 1
month during the calendar year.
Definition of Rank-and-File Employees
The Labor Code, as amended, distinguishes a rank-and-file employee
from a managerial employee. A managerial employee is one who is
vested with powers or prerogatives to lay down and execute
management policies and/or hire, transfer, suspend, layoff, recall,
discharge, assign, or discipline employees, or to effectively recommend
such managerial actions. All employees not falling within this definition
are considered rank-and-file employees.
Time of Payment:
The 13th month pay shall be paid not later than December 24 of every
year.
An employer, however, may give to his or her employees one-half (1/2)
of the 13th month pay before the opening of the regular school year and
the remaining half on or before December 24 of every year.
The frequency of payment of this monetary benefit may be the subject
of an agreement between the employer and the recognized /collective
bargaining agent of the employee.
Amount of 13th Month Pay
The minimum 13th month pay required by law shall not be less than 1/12
of the total basic salary earned by an employee within a calendar year.
Formula and Computation of 13th Month Pay:
Total Basic Salary earned during the year ÷ 12 months ˭ 13th M. Pay
Report of Compliance:
Every covered employer shall make a report of his compliance with the
law to the nearest Regional Office not later than January 15 of each year.
Exempted Employers:
1. The government and any of its political subdivisions, including
GOCCs, except those corporations operating essentially as private
subsidiaries of the government;
2. Employers who are already paying their employees 13th month pay
or more in a calendar year or its equivalent at the time of the
issuance of PD 851;
 The term ‘its equivalent’ shall include Christmas bonuses,
midyear bonuses, cash bonuses, and other payments
amounting to not less than 1/12 of the basic salary but shall
not include cash and stock dividends, cost of living
allowance, and all other allowances regularly enjoyed by
the employee, as well as non-monetary benefits.
3. Persons in the personal service of another in relation to such
workers;
4. Employers of those who are paid on purely commission, boundary
or task basis, and those who are paid a fixed amount for
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performing specific work, irrespective of the time consumed in the
performance thereof (except those workers who are paid on
piece-rate basis, in which case their employer shall grant them
13th month pay).
As used herein, ‘workers paid on piece-rate basis’ shall refer to those
who are paid a standard amount for every piece or unit of work
produced that is more or less regularly replicated, without regard to the
time spent in producing the same.
13th Month Pay for Certain Types of Employees:
1. Employees who are paid on piecework basis are entitled to the
13th month pay.
2. Employees who are paid a fixed or guaranteed wage plus
commission are also entitled to the 13th month pay, based on their
earnings during the calendar year.
Boie Takeda Chemicals, Inc. Vs Dioniso de la Serna
The Supreme Court ruled that commissions, while included in the generic
term ‘wage,’ are not part of basic salary/wage and therefore should not
be included in computing the 13th month pay.
In remunerative schemes consisting of a fixed or guaranteed wage plus
commission, the fixed or guaranteed wage is patently the ‘basic salary’
for this is what the employee receives for a standard work period.
3. Employees with multiple employers: Government employees
working part-time in a private enterprise, including private
educational institutions, as well as employees working in two or
more private firms, whether on full-time or part-time basis, are
entitled to the thirteenth- month pay from all their private
employers, regardless of their total earnings from each of their
employers.
13th Monty Pay of Resigned or Separated Employee:
An employee who has resigned or whose services are terminated at any
time before the time of payment of the thirteenth-month pay is entitled
to this monetary benefit in proportion to the length of time he or she has
worked during the year, reckoned from the time he or she has started
working during the calendar year up to the time of his or her resignation
or termination from the service.
Thus, if he or she worked only from January to September, his or her
proportionate thirteenth-month pay should be equal to one-twelfth
(1/12) of his or her total basic salary earned during that period.
Non-inclusion in Regular Wage:
The mandated thirteenth-month pay need not be credited as part of the
regular wage of employees for purposes of determining overtime and
premium payments, fringe benefits, as well as contributions to the State
Insurance Fund, Social Security System, National Health Insurance
Program, and private retirement plans.
MAGNA CARTA OF WOMEN
(RA 9710)
Recognizing that the economic, political, and socio-cultural realities
affect women’s current condition, the State affirms the role of women in
nation building and ensures the substantive equality of women and men.
28
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus

Female Employees who have taken a leave of absence following surgery
for gynecological disorder after Sept. 15, 2009 are entitled to avail of the
benefit.
Women Empowerment:
The provision, availability, and accessibility of opportunities, services,
and observance of human rights which enable women to actively
participate and contribute to the political, economic, social, and cultural
development of the nation as well as those which shall provide them
equal access to ownership, management, and control of production, and
of material and informational resources and benefits in the family,
community, and society.
Special Leave Benefits for Women:
A woman employee having rendered continuous employment of at least
6 months for the last 12 months shall be entitled to a special leave
benefit for 2 months with full pay based on her gross monthly
compensation following surgery caused by gynecological disorders.
Gross monthly compensation refers to the monthly basic pay plus
mandatory allowances fixed by the regional wage boards.
Any female employee in the public and private sector, regardless of age
and civil status, shall be entitled to a special leave of 2 months under
such terms and conditions:

Discrimination Against Women:
Refers to any gender-based distinction, exclusion or restriction which has
the effect or purpose of impairing or nullifying the recognition,
enjoyment, or exercise by women, irrespective of their marital status, on
a basis of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil, or any other
field.
1. She has rendered at least 6 months continuous aggregate
employment service for the last 12 months prior to surgery;
2. In the event that an extended leave is necessary, the female
employee may use her earned leave credits; and
3. This special leave shall be non-cumulative and non-convertible to
cash.

Marginalization: Gynecological Disorders:

A condition where a whole category of people is excluded from useful Disorders that would require surgical procedures such as, but not limited
and meaningful participation in political, economic, social, and cultural to dilatation and curettage and those involving female reproductive
life. organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast,
adnexa and pelvic floor, as certified by a competent physician.
Marginalized:
It shall also include hysterectomy, ovariectomy, and mastectomy.
Refers to the basic, disadvantaged, or vulnerable persons or groups who
are mostly living in poverty and have little or no access to land and other Conditions for Entitlement:
resources, basic social and economic services such as health care,
education, water and sanitation, employment and livelihood 1. She has rendered at least 6 months continuous aggregate
opportunities, housing, social security, physical infrastructure, and the employment service for the last 12 months prior to surgery;
justice system.
2. She has filed an application for special leave with her employer
These include, but are not limited to, women in the following within a reasonable period of time from the expected date of
sectors and groups: surgery or within such period as may be provided by company
rules and regulations or collective bargaining agreement; and
 Small Farmers and Rural Workers
 Fisherfolk 3. She has undergone surgery due to gynecological disorders as
 Urban Poor certified by a competent physician.
 Workers in the Formal Economy
 Workers in the Informal Economy Usage:
 Migrant Workers
 Indigenous Peoples The special leave shall be granted to the qualified employee after she has
 Moro undergone surgery without prejudice to an employer allowing an
 Children employee to receive her pay before or during the surgery.
 Senior Citizens
 Persons with Disabilities Non-conversion to Cash:
 Solo Parents
The special leave shall be non-cumulative and non-convertible to cash,
Children: unless otherwise provided by a collective bargaining agreement.

Refers to those who are below 18 years of age or over but are unable to
fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental
disability or condition.
Senior Citizens:
Social Protection:
Policies and programs that seek to reduce poverty and vulnerability to
risks and enhance the social status and rights of all women, especially
the marginalized. Its components are labor market programs, social
insurance, social welfare, and social safety nets.

Those 60 years old and above. Law Coverage:

Youth: Persons whose ages range from 15 to 30 years old.

JANE BORBE NOTES | JANE BORBE NOTES 29

SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
Includes all concerned national government agencies, bodies,
instrumentalities, including GOCCs, private entities, local government
units, private and state universities and colleges, and private and public
schools.
Human Rights of Women: all rights in the Constitution and those rights
recognized under international instruments duly signed and ratified by
the Philippines, in consonance with Philippine Law shall be the rights of
women under the Magna Carta:
 Protection from Violence
 Protection and security in times of disasters and calamities
 Participation and Representation
 Equal Treatment before the Law
 Equal access and elimination of discrimination in education,
scholarships and trainings
 Women in sports
 Women in military
 Non-discriminatory and non-derogatory portrayal in media and
film
 Right to health
 Special leave benefits
 Equal rights in matters relating to marriage and family
Rights and Empowerment of Marginalized Sectors
Women in marginalized sectors are guaranteed all civil, political, social
and economic rights recognized, promoted and protected under existing
laws and acts:
 Food security and productive resources
 Right to housing
 Right to decent work
 Right to livelihood, credit, capital and technology
 Right to education and training
 Right to representation and participation
 Right to information
 Social protection
 Recognition and preservation of cultural identity and integrity
 Peace and development
Women in Especially Difficult Circumstances (WEDC) refers to victims of
trafficking, survivors of sexual and physical abuse, illegal recruitment,
prostitution, armed conflict, women detention:
 Temporary and protective custody
 Medical and dental services
 Psychiatric evaluation
 Productivity skills capability building
 Legal services
 Livelihood assistance
 Job placement
 Financial assistance
 Transportation assistance
Equal Access and Elimination of Discrimination in Education, Scholarships,
and Training:
Expulsion and non-readmission of women faculty due to pregnancy
outside of marriage shall be outlawed. No school shall turn out or refuse
admission to a female student solely on the account of her having
contracted pregnancy outside of marriage during her term in school.
i. Women faculty who become pregnant outside of marriage shall
not be discriminated by reason thereof. They shall not be
dismissed, separated from work, forced to go on leave,
re-assigned or transferred. They shall have access to work already
JANE BORBE NOTES | JANE BORBE NOTES
held with no diminution in rank, pay or status and shall be entitled
to all benefits accorded by law and by the concerned learning
institutions;
ii. No female student shall be expelled, dismissed, suspended,
refused or denied of admission, or forced to take a leave of
absence in any educational institution solely on grounds of
pregnancy outside marriage during her school term. When needed,
students who are pregnant shall be accorded with a special leave
of absence from school upon advice of the attending physician,
and be given an opportunity to make up for missed classes and
examinations. The same leave benefits shall likewise be accorded
to pregnant faculty members, and school personnel and staff.
Right to Decent Work:
The State shall progressively realize and ensure decent work standards
for women that involve the creation of jobs of acceptable quality in
conditions of freedom, equity, security, and human dignity.
 Decent work involves opportunities for work that are productive
and fairly remunerative as family living wage, security in the
workplace, and social protection for families, better prospects for
personal development and social integration, freedom for people
to express their concerns, organize, participate in the decisions
that affect their lives, and equality of opportunity and treatment
for all women and men.
 The State shall further ensure:
(1) Support services and gears to protect them from occupational
and health hazards taking into account women's maternal
functions;
(2) Support services that will enable women to balance their
family obligations and work responsibilities including, but not
limited to, the establishment of day care centers and
breast-feeding stations at the workplace, and providing maternity
leave pursuant to the Labor Code and other pertinent laws;
(3) Membership in unions regardless of status of employment and
place of employment; and
(4) Respect for the observance of indigenous peoples' cultural
practices even in the workplace.
 In recognition of the temporary nature of overseas work, the State
shall exert all efforts to address the causes of out-migration by
developing local employment and other economic opportunities
for women and by introducing measures to curb violence and
forced and involuntary displacement of local women. The State
shall ensure the protection and promotion of the rights and
welfare of migrant women regardless of their work status, and
protect them against discrimination in wages, conditions of work,
and employment opportunities in host countries.
EXPANDED SENIOR CITIZEN’S ACT
(RA 7432 as amended by RA 9994 and RA 10645)
Senior Citizen or Elderly:
Refers to any resident citizen of the Philippines at least 60 years old.
30
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
Geriatrics:
Refer to the branch of medical science devoted to the study of the
biological and physical changes and the diseases of old age;
Indigent Senior Citizen:
Refers to any elderly who is frail, sickly or with disability, and without
pension or permanent source of income, compensation or financial
assistance from his/her relatives to support his/her basic needs, as
determined by DSWD.
Objectives:
A. To recognize the rights of senior citizens to take their proper place
in society and make it a concern of the family, community and
government;
B. To give full support to the improvement of the total well-being of
the elderly and their full participation in society, considering that
senior citizens are integral part of the Philippine society;
C. To motivate and encourage the senior citizens to contribute to
nation building;
D. To encourage their families and the communities they live with to
reaffirm the valued Filipino tradition of caring for the senior
citizens;
E. To provide a comprehensive health care and rehabilitation system
for disabled senior citizens to foster their capacity to attain a more
meaningful and productive aging; and
F. To recognize the important role of the private sector in the
improvement of the welfare of senior citizens and to actively seek
their partnership.
Nearest Surviving Relative:
The legal spouse who survives the deceased senior citizen. Provided, that
where no spouse survives the decedent, this shall be limited to relatives
in the following order of degree of kinship:
Children, parents, siblings, grandparents, grandchildren, uncles and
aunts.
Privileges:
The senior citizens shall be entitled to the following:
“(a) the grant of twenty percent (20%) discount and exemption from the
value -added tax (VAT), if applicable, on the sale of the following goods
and services from all establishments, for the exclusive use and
enjoyment or availment of the senior citizen
“(1) on the purchase of medicines, including the purchase of
influenza and pnuemococcal vaccines, and such other essential
medical supplies, accessories and equipment to be determined by
the Department of Health (DOH).
“The DOH shall establish guidelines and mechanism of compulsory
rebates in the sharing of burden of discounts among retailers,
manufacturers and distributors, taking into consideration their
respective margins;
“(2) on the professional fees of attending physician/s in all private
hospitals, medical facilities, outpatient clinics and home health
care services;
JANE BORBE NOTES | JANE BORBE NOTES
“(3) on the professional fees of licensed professional health
providing home health care services as endorsed by private
hospitals or employed through home health care employment
agencies;
“(4) on medical and dental services, diagnostic and laboratory fees
in all private hospitals, medical facilities, outpatient clinics, and
home health care services, in accordance with the rules and
regulations to be issued by the DOH, in coordination with the
Philippine Health Insurance Corporation (PhilHealth);
“(5) in actual fare for land transportation travel in public utility
buses (PUBs), public utility jeepneys (PUJs), taxis, Asian utility
vehicles (AUVs), shuttle services and public railways, including
Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine
National Railways (PNR);
“(6) in actual transportation fare for domestic air transport
services and sea shipping vessels and the like, based on the actual
fare and advanced booking;
“(7) on the utilization of services in hotels and similar lodging
establishments, restaurants and recreation centers;
“(8) on admission fees charged by theaters, cinema houses and
concert halls, circuses, leisure and amusement; and
“(9) on funeral and burial services for the death of senior citizens;
“(b) exemption from the payment of individual income taxes of senior
citizens who are considered to be minimum wage earners in accordance
with Republic Act No. 9504;
“(c) the grant of a minimum of five percent (5%) discount relative to the
monthly utilization of water and electricity supplied by the public utilities:
Provided, That the individual meters for the foregoing utilities are
registered in the name of the senior citizen residing therein: Provided,
further, That the monthly consumption does not exceed one hundred
kilowatt hours (100 kWh) of electricity and thirty cubic meters (30 m3) of
water: Provided, furthermore, That the privilege is granted per
household regardless of the number of senior citizens residing therein;
“(d) exemption from training fees for socioeconomic programs;
“(e) free medical and dental services, diagnostic and laboratory fees such
as, but not limited to, x-rays, computerized tomography scans and blood
tests, in all government facilities, subject to the guidelines to be issued
by the DOH in coordination with the PhilHealth;
“(f) the DOH shall administer free vaccination against the influenza virus
and pneumococcal disease for indigent senior citizen patients;
“(g) educational assistance to senior citizens to pursue pot secondary,
tertiary, post tertiary, vocational and technical education, as well as
short-term courses for retooling in both public and private schools
through provision of scholarships, grants, financial aids, subsides and
other incentives to qualified senior citizens, including support for books,
learning materials, and uniform allowances, to the extent feasible:
Provided, That senior citizens shall meet minimum admission
requirements;
“(h) to the extent practicable and feasible, the continuance of the same
benefits and privileges given by the Government Service Insurance
System (GSIS), the Social Security System (SSS) and the PAG-IBIG, as the
case may be, as are enjoyed by those in actual service;
31
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
“(i) retirement benefits of retirees from both the government and the
private sector shall be regularly reviewed to ensure their continuing
responsiveness and sustainability, and to the extent practicable and
feasible, shall be upgraded to be at par with the current scale enjoyed by
those in actual service;
“(j) to the extent possible, the government may grant special discounts
in special programs for senior citizens on purchase of basic commodities,
subject to the guidelines to be issued for the purpose by the Department
of Trade and Industry (DTI) and the Department of Agriculture (DA);
“(k) provision of express lanes for senior citizens in all commercial and
government establishments; in the absence thereof, priority shall be
given to them; and
“(l) death benefit assistance of a minimum of Two thousand pesos (Php2,
000.00) shall be given to the nearest surviving relative of a deceased
senior citizen which amount shall be subject to adjustments due to
inflation in accordance with the guidelines to be issued by the DSWD.
“In the availment of the privileges mentioned above, the senior citizen,
or his/her duly authorized representative, may submit as proof of his/her
entitled thereto any of the following:
“(1) an identification card issued by the Office of the Senior Citizen
Affairs (OSCA) of the place where the senior citizen resides: Provided,
That the identification card issued by the particular OSCA shall be
honored nationwide;
“(2) the passport of the senior citizen concerned; and
“(3) other documents that establish that the senior citizen is a citizen of
the Republic and is at least sixty (60) years of age as further provided in
the implementing rules and regulations.
“In the purchase of goods and services which are on promotional
discount, the senior citizen can avail of the promotional discount or the
discount provided herein, whichever is higher.
“The establishment may claim the discounts granted under subsections
(a) and (c) of this section as tax deduction based on the cost of the goods
sold or services rendered: Provided, That the cost of the discount shall
be allowed as deduction from gross income for the same taxable year
that the discount is granted: Provided, further, That the total amount of
the claimed tax deduction net of VAT, if applicable, shall be included in
their gross sales receipts for tax purposes and shall be subject to proper
documentation and to the provisions of the National Internal Revenue
Code (NICR), as amended.”
The government shall provide additional Government Assistance.
 Employment: Senior citizens who have the capacity and desire to
work, or be re-employed, shall be provided information and
matching services to enable them to be productive members of
society. Terms of employment shall conform with the provisions of
the Labor Code, as amended, and other laws, rules and
regulations.
 Private entities that will employ senior citizens as
employees, upon the effectivity of this Act, shall be entitled
to an additional deduction from their gross income,
equivalent to fifteen percent (15%) of the total amount paid
as salaries and wages to senior citizens, subject to the
provision of Section 34 of the NIRC, as amended: Provided
that, That such employment shall continue for a period of at
least six (6) months: Provided further, That the annual
income of the senior citizen does not exceed the latest
JANE BORBE NOTES | JANE BORBE NOTES
poverty threshold as determined by the National Statistical
Coordination Board (NSCB) of the National Economic and
Development Authority (NEDA) for that year.
 The Department of Labor and Employment (DOLE), in
coordination with other government agencies such as, but
not limited to, the Technology and Livelihood Resource
Center (TLRC) and the Department of Trade and Industry
(DTI), shall assess, design and implement training programs
that will provide skills and welfare or livelihood support for
senior citizens.
 Education: The Department of Education (DepED), the Technical
Education and Skills Development Authority (TESDA) and the
Commission on Higher Education (CHED), in consultation with
nongovernmental organizations (NGOs) and people’s
organizations (POs) for senior citizens, shall institute programs
that will ensure access to formal and nonformal education.
 Health: Throughout the country, there shall be established a
“senior citizens’ ward” in every government hospital. This geriatric
ward shall be for the exclusive use of senior citizens who are in
need of hospital confinement by reason of their health conditions.
However, when urgency of public necessity purposes so require,
such geriatric ward may be used for emergency purposes, after
which, such “senior citizens’ ward” shall be reverted to its nature
as geriatric ward.
 Social Services: At least fifty percent (50%) discount shall be
granted on the consumption of electricity, water, and telephone
by the senior citizens center and residential care/group homes
that are government-run or non-stock, non-profit domestic
corporation organized and operated primarily for the purpose of
promoting the well-being of abandoned, neglected, unattached,
or homeless senior citizens, subject to the guidelines formulated
by the DSWD.
 Incentive for Foster Care: The government shall provide incentives
to individuals or nongovernmental institution caring for or
establishing homes, residential communities or retirement villages
solely for, senior citizens, as follows:
(1) realty tax holiday for the first five (5) years starting from the
first year of operation; and
(2) priority in the construction or maintenance of provincial or
municipal roads leading to the aforesaid home, residential
community or retirement village.
 Additional Government Assistance
 Mandatory Phil-health Coverage: All senior citizens citizens
shall be covered by the national health insurance program
of Phil-heath. Funds necessary to ensure the enrollment of
all senior citizens not currently covered by any existing
category shall be sourced from the National Health
Insurance Fund of Phil-health.
 Social Pension: Indigent senior citizens shall be entitled to a
monthly stipend amounting to Five hundred pesos
(Php500.00) to augment the daily subsistence and other
medical needs of senior citizens.
Office for Senior Citizens Affairs (OSCA):
There shall be established in all cities and municipalities an OSCA to be
headed by a senior citizen who shall be appointed by the mayor for a
32
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
term of three (3) years without reappointment but without prejudice to
an extension if exigency so requires.
Application of Act:
It does not matter whether senior citizen is gainfully employed, for as
long as he / she is a senior citizen.
Penalties:
 First Violation: Imprisonment of 2 - 6 years; fine of 50,000 to
100,000
 Subsequent Violation: Imprisonment 2 - 6 years; fine of 100,000 to
200,000
 For any person who abuses the privilege: Imprisonment of at least
6 months; fine of 50,000 to 100,000
 If offender is alien or foreigner: deportation
PERSONS WITH DISABILITIES
(RA 7277 as amended by RA 10754)
Coverage:
This Act shall cover all disabled persons and, to the extent provided,
departments, offices, and agencies of the national government or
non-government organizations in the attainment of the objectives of this
Act.
Disabled Persons:
Suffering from restriction or different abilities, as a result of a mental,
physical, or sensory impairment, to perform an activity in the manner or
within the range considered normal for a human being
Impairment:
Loss, diminution or aberration of psychological, physiological, or
anatomical structure or function
Disability:
 A physical or mental impairment that substantially limits one or
more psychosocial, physiological or anatomical function of an
individual;
 A record of such an impairment; or
 Being regarded as having such an impairment.
Handicap:
A disadvantage for a given individual, resulting from an impairment or a
disability, that limits or prevents the function or activity that is
considered normal given the age and sex of the individual.
Rehabilitation:
Integrated approach to physical, social, cultural, spiritual, educational,
and vocational measures that create conditions for the individual to
attain the highest possible level of functional ability
JANE BORBE NOTES | JANE BORBE NOTES
Social Barriers:
The characteristics of institutions, whether legal, economic, cultural,
recreational or other, any human group, community, or society which
limit the fullest possible participation of disabled persons in the life of
the group.
Social barriers include negative attitudes which tend to single out and
exclude disabled persons and which distort roles and inter-personal
relationships.
Rights and Privileges of Disabled Persons:
1. Employment
 Equal opportunity for employment: No disabled person
shall be denied access to opportunities for suitable
employment. 5% of all casual, emergency5% of all casual
emergency and contractual positions in the DSWD and
other government agencies shall be reserved for disabled
persons.
 Sheltered Employment: the provision of productive work for
disabled persons through workshops providing special
facilities and income-producing projects
 Apprenticeship: disabled persons shall be eligible as
apprentices or learners, provided that their handicap is not
much as to effectively impede the performance of job
operations. After the lapse of the period of apprenticeship,
if found satisfactory in the job performance, they shall be
eligible for employment.
 Incentives for Employers: This is to encourage the active
participation of the private sector in promoting the welfare
of disabled persons.
 Private entities that employ disabled persons either
as regular employee, apprentice or learner, shall be
entitled to an additional deduction, for their gross
taxable income, equivalent to 25% of the total
amount paid as salaries and wages to disabled
persons.
 Private entities that improve or modify their physical
facilities shall be entitled to an additional deduction
from their net taxable income, equivalent to 50% of
the direct costs of the improvements or
modifications.
 Vocational Rehabilitation: Consistent with the principle of
equal opportunity for disabled workers and workers in
general, the State shall take appropriate vocational
rehabilitation measures to develop the skills and potentials
of disabled persons.
2. Education
 Access to Quality Education: The State shall ensure that
disabled persons are provided with adequate access to
quality education and ample opportunities to develop their
skills. It shall be unlawful for any learning institution to deny
a disabled person admission to any course it offers by
reason of handicap or disability.
 Assistance to Disabled Students: The State shall provide
financial assistance to economically marginalized but
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SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
deserving disabled students in pursuing post secondary or
tertiary education.
 Special Education: The DECS shall establish special
education classes in public schools in cities or municipalities.
It shall also establish, where viable, Braille and Record
Libraries in provinces, cities or municipalities.
3. Health
4. Auxiliary Social Services
5. Telecommunications
 Broadcast Media: Television stations shall be encouraged to
provide a sign-language inset or subtitles in at least 1
newscast program a day.
6. Accessibility
 The national and local governments shall allocate funds for
the provision of architectural facilities or structural features
for disabled persons in government buildings and facilities.
 Mobility: Disabled persons shall be allowed to drive motor
vehicles, subject to the rules and regulations issued by the
LTO pertinent to the nature of their disability and
appropriate adaptations.
7. Political and Civil Rights
 System of Voting: Disabled persons shall be allowed to be
assisted by a person of his choice in voting in the national or
local elections.
 Right to Assemble: Disabled persons have the right to
participate in processions, rallies, parades, demonstrations,
public meetings, and assemblages or other forms of mass or
concerned action held in public
 Right to Organize: Disabled persons have the right to form
organizations or associations that promote their welfare
and advance their safeguards and interests.
Prohibition on Discrimination Against Disabled Persons:
1. On Employment: No entity, whether public or private, shall
discriminate against a qualified disabled person by reason of
disability in regard to job application procedures, the hiring,
promotion or discharge of employees.
The following constitute acts of discrimination:
 Limiting, segregating or classifying a disabled job
applicant in such a manner that adversely affects his
work opportunities;
 Using qualification standards, employment tests or
other selection criteria that screen out or tend to
screen out a disabled person unless such standards,
tests or other selection criteria are shown to be
job-related for the position in question and are
consistent with business necessity;
 Utilizing standards, criteria, or methods of
administration that: 1)have the effect of
discrimination on the basis of disability; or
JANE BORBE NOTES | JANE BORBE NOTES
2)perpetuate the discrimination of others who are
subject to common administrative control.
 Providing less compensation, such as salary, wage or
other forms of remuneration and fringe benefits, to a
qualified disabled employee, by reason of his
disability, than the amount to which a non-disabled
person performing the same work is entitled;
 Favoring a non-disabled employee over a qualified
disabled employee with respect to promotion,
training opportunities, study and scholarship grants,
solely on account of the latter's disability;
 Re-assigning or transferring a disabled employee to a
job or position he cannot perform by reason of his
disability;
 Dismissing or terminating the services of a disabled
employee by reason of his disability unless the
employer can prove that he impairs the satisfactory
performance of the work involved to the prejudice of
the business entity:
2. On Transportation
3. On the use of Public Accommodations and Services
Persons with disability shall be entitled to:
(a) At least twenty percent (20%) discount and exemption from the
value-added tax (VAT), if applicable, on the following sale of goods and
services for the exclusive use and enjoyment or availment of the PWD:
(1) On the fees and charges relative to the utilization of all services
in hotels and similar lodging establishments; restaurants and
recreation centers;
(2) On admission fees charged by theaters, cinema houses,
concert halls, circuses, carnivals and other similar places of culture,
leisure and amusement;
(3) On the purchase of medicines in all drugstores;
(4) On medical and dental services including diagnostic and
laboratory fees such as, but not limited to, x-rays, computerized
tomography scans and blood tests, and professional fees of
attending doctors in all government facilities, subject to the
guidelines to be issued by the Department of Health (DOH), in
coordination with the Philippine Health Insurance Corporation
(PhilHealth);
(5) On medical and dental services including diagnostic and
laboratory fees, and professional fees of attending doctors in all
private hospitals and medical facilities, in accordance with the
rules and regulations to be issued by the DOH, in coordination
with the PhilHealth;
6) On fare for domestic air and sea travel;
(7) On actual fare for land transportation travel such as, but not
limited to, public utility buses or jeepneys (PUBs/PUJs), taxis, asian
utility vehicles (AUVs), shuttle services and public railways,
including light Rail Transit (LRT), Metro Rail Transit (MRT) and
Philippine National Railways (PNR); and
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SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
(8) On funeral and burial services for the death of the PWD:
Provided, That the beneficiary or any person who shall shoulder
the funeral and burial expenses of the deceased PWD shall claim
the discount under this rule for the deceased PWD upon
presentation of the death certificate. Such expenses shall cover
the purchase of casket or urn, embalming, hospital morgue,
transport of the body to intended burial site in the place of origin,
but shall exclude obituary publication and the cost of the
memorial lot.
(b) Educational assistance to PWD, for them to pursue primary,
secondary, tertiary, post tertiary, as well as vocational or technical
education, in both public and private schools, through the provision of
scholarships, grants, financial aids, subsidies and other incentives to
qualified PWD, including support for books, learning materials, and
uniform allowance to the extent feasible: Provided, That PWD shall meet
the minimum admission requirements;
(c) To the extent practicable and feasible, the continuance of the same
benefits and privileges given by the Government Service Insurance
System (GSIS), Social Security System (SSS), and Pag-IBIG, as the case
may be, as are enjoyed by those in actual service;
(d) To the extent possible, the government may grant special discounts
in special programs for PWD on purchase of basic commodities, subject
to the guidelines to be issued for the purpose by the Department of
Trade and Industry (DTI) and the Department of Agriculture (DA); and
(e) Provision of express lanes for PWD in all commercial and government
establishments; in the absence thereof, priority shall be given to them.
The abovementioned privileges are available only to PWD who are
Filipino citizens upon submission of any of the following as proof
of his/her entitlement thereto:
(i) An identification card issued by the city or municipal mayor or
the barangay captain of the place where the PWD resides;
(ii) The passport of the PWD concerned; or
(iii) Transportation discount fare Identification Card (ID) issued by
the National Council for the Welfare of Disabled Persons
(NCWDP).
The privileges may not be claimed if the PWD claims a higher discount as
may be granted by the commercial establishment and/or under other
existing laws or in combination with other discount program/s.
The establishments may claim the discounts granted in subsection (a),
paragraphs (1), (2), (3), (5), (6), (7), and (8) as tax deductions based on
the net cost of the goods sold or services rendered: Provided, however,
That the cost of the discount shall be allowed as deduction from the
gross income for the same taxable year that the discount is granted:
Provided, further, That the total amount of the claimed tax deduction
net of value-added tax, if applicable, shall be included in their gross sales
receipts for tax purposes and shall be subject to proper documentation
and to the provisions of the National Internal Revenue Code (NIRC), as
amended.
Public Ridicule:
Defined as an act of making fun or contemptuous initiating or making
mockery of persons with disability whether in writing or in words, or in
action due to their impairments.
Vilification:
JANE BORBE NOTES | JANE BORBE NOTES
Shall be defined as the utterance of slanderous and abusive statements
against a person with disability or an activity in public which incites
hatred or severe ridicule of persons with disability.
Penalties:
 First Violation: Imprisonment of 6 months to 2 years; fine of
50,000 - 100,000
 Subsequent Violation: Imprisonment of 2 years to 6 years; fine of
100,000 to 200,000
 If violator is an alien or foreigner: deportation
BREASTFEEDING PROMOTION ACT
(RA 10028)
The State adopts rooming-in as a national policy to encourage, protect,
and support the practice of breastfeeding.
The State shall likewise protect working women by providing safe and
healthful working conditions, taking into account their maternal
functions, and such facilities and opportunities that will enhance their
welfare and enable them to realize their full potential in the service of
the nation. This is consistent with international treaties and conventions
to which the Philippines is a signatory such as the Convention on the
Elimination of Discrimination Against Women (CEDAW), which
emphasizes provision of necessary supporting social services to enable
parents to combine family obligations with work responsibilities; the
Beijing Platform for Action and Strategic Objective, which promotes
harmonization of work and family responsibilities for women and men;
and the Convention on the Rights of the Child, which recognizes a child's
inherent right to life and the State's obligations to ensure the child's
survival and development.
Establishment of Lactation Stations:
It is hereby mandated that all health and non-health facilities,
establishments or institutions shall establish lactation stations. The
lactation stations shall be adequately provided with the necessary
equipment and facilities, such as: lavatory for hand-washing, unless
there is an easily-accessible lavatory nearby; refrigeration or appropriate
cooling facilities for storing expressed breastmilk; electrical outlets for
breast pumps; a small table; comfortable seats; and other items, the
standards of which shall be defined by the Department of Health. The
lactation station shall not be located in the toilet.
In addition, all health and non-health facilities, establishments or
institutions shall take strict measures to prevent any direct or indirect
form of promotion, marketing, and/or sales of infant formula and/or
breastmilk substitutes within the lactation stations, or in any event or
circumstances which may be conducive to the same.
Lactation Periods:
Nursing employees shall granted break intervals in addition to the
regular time-off for meals to breastfeed or express milk. These intervals,
which shall include the time it takes an employee to get to and from the
workplace lactation station, shall be counted as compensable hours
worked. The Department of Labor and Employment (DOLE) may adjust
the same: Provided, That such intervals shall not be less than a total of
forty (40) minutes for every eight (8)-hour working period.
35
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
Information Dissemination and Educational Programs of Pregnant
Women and Women of Reproductive Age:
The Department of Health is hereby mandated to develop and provide
breastfeeding programs for working mothers whose employees are
encouraged to avail of it as part of their human resource development
programs.
Employers are also highly encouraged to develop breastfeeding or
lactation support programs which main functions are to assess the needs
of lactating employees with adequate information regarding lactation
management in the form of brochures, pamphlets and other educational
materials.
Breastfeeding Awareness Month:
To raise awareness on the importance of and to further promote
breastfeeding, the month of August in each and every year throughout
the Philippines shall be known as "Breastfeeding Awareness Month.
Incentives:
The expenses incurred by a private health and non-health facility,
establishment or institution, in complying with the provision on the
establishment of lactation stations and allowance of lactation periods,
shall be deductible expenses for income tax purposes up to twice the
actual amount incurred: Provided, That the deduction shall apply for the
taxable period when the expenses were incurred: Provided, further, That
all health and non-health facilities, establishments and institutions shall
comply with the provisions of this Act within six (6) months after its
approval: Provided, finally, That such facilities, establishments or
institutions shall secure a "Working Mother-Baby-Friendly Certificate"
from the Department of Health to be filed with the Bureau of Internal
Revenue, before they can avail of the incentive.
"Government facilities, establishments or institutions shall receive an
additional appropriation equivalent to the savings they may derive as a
result of complying with the provisions of this Act. The additional
appropriation shall be included in their budget for the next fiscal year
Implementing Agency:
Department of Health shall be principally responsible.
Penalties:
For private non-health facilities
 First Offense: fine of 50,000 to 200,000
 Second Offense: 200,000 to 500,000
 Third Offense: 500,000 to 1,000,000
In all cases, the fine imposed should take into consideration the number
of women employees, physical size of the establishment, and the
average number of women who visit.
For Government Non-Health Facilities
 First offense - Reprimand;
 Second offense - Suspension for 1 to 30 days; and
 Third offense - Dismissal.
JANE BORBE NOTES | JANE BORBE NOTES
ANTI-AGE DISCRIMINATION ACT
(RA 10911)
Policies:
 Promote employment of individuals on the basis of their abilities,
knowledge, skills and qualifications rather than their age;
 Prohibit arbitrary age limitations in employment;
 Promote the rights of all employees and workers, regardless of
age, to be treated equally in terms of compensation, benefits,
promotion, training, and other employment opportunities
Employee:
A person who performs professional, managerial, or administrative work
and is paid salaries by the employer as compensation for service
rendered.
Coverage:
The provisions for this Rule shall apply to all employers, publishers, labor
contractors or subcontractors, and labor organizations, whether or not
registered.
Prohibition of Discrimination in Employment on Account of Age:
 It shall be unlawful for an employer to:
i. Print or publish, or cause to be printed or published, in any
form of media, including the internet, any notice of
advertisement relating to employment suggesting
preferences, limitations, specifications, and discrimination
based on age;
ii. Require the declaration of age or birth date during the
application process;
iii. Decline any employment application because of the
individual's age;
iv. Discriminate against an individual in terms of compensation,
terms and conditions or privileges of employment on
account of such individual's age;
v. Deny any employee's or worker's promotion or opportunity
for training because of age;
vi. Forcibly lay off an employee or worker because of old age;
or
vii. Impose early retirement on the basis of such employee's or
worker's age.
 It shall be unlawful for a labor contractor or subcontractor, if any,
to refuse to refer for employment or otherwise discriminate
against any individual because of such person's age.
 It shall be unlawful for a labor organization to:
i. Deny membership to any individual because of such
individual's age;
ii. Exclude from its membership any individual because of such
individual's age; or
iii. Cause or attempt to cause an employer to discriminate
against an individual in violation of this Act.
 It shall be unlawful for a publisher to print or publish any notice of
advertisement relating to employment suggesting preferences,
limitations, specifications, and discrimination based on age.
36
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus
Exceptions: It shall be lawful for an employer to set age limitations in
employment if -
i. Age is a bona fide occupational qualification reasonably necessary
in the normal operation of a particular business or where the
differentiation is based on reasonable factors other than age;
ii. The intent is to observe the terms of a bona fide seniority system
that is not intended to evade the purpose of this Act;
iii. The intent is to observe the terms of a bona fide employee
retirement or a voluntary early retirement plan consistent with
the purpose of this Act: Provided, That such retirement or
voluntary retirement plan is in accordance with the Labor Code, as
amended, and other related laws; or
iv. The action is duly certified by the Secretary of Labor and
Employment in accordance with the purpose of this Act.
Penalty:
 Fine: 50,000 to 500,000
 Imprisonment: 3 months to 2 years
DISCRIMINATION RE: TUBERCULOSIS
DEPARTMENT ORDER NO. 73-05
Coverage:
Shall apply to all establishments, workplaces and worksites in the private
sector.
Components of a TB Work Place Prevention and Control Policy:
The TB Workplace policy and program to be adopted by establishments
shall include: prevention, treatment, rehabilitation, compensation,
restoration to work, and social policies.
Improving Work Place Conditions:
To ensure that contamination from TB airborne particles is controlled,
workplaces must provide adequate and appropriate ventilation and
there shall be adequate sanitary facilities for workers.
Social Policy:
 Non-discrimination: Workers who have or had TB shall not be
discriminated against. Instead, he shall be supported with
adequate diagnosis and treatment, and shall be entitled to work
for as long as they are certified by the company’s accredited
health provider as medically fit and shall be restored to work as
soon as their illness is controlled.
 Work Accommodation: Through agreements made between the
management and workers, work accommodation measures to
accommodate and support workers with TB is encouraged through
flexible leave arrangements, rescheduling of working times and
arrangements for return to work.
 Restoration to Work: The worker may be allowed to return to
work with reasonable working arrangements as determined by the
company Health Care Provider and/or the DOTS provider.
JANE BORBE NOTES | JANE BORBE NOTES
Responsibility of Employer:
Any contact in the workplace shall be traced and the contacts shall be
clinically assessed.
DISCRIMINATION REGARDING HEPATITIS B
(DEPARTMENT ADVISORY NO. 5)
Coverage:
The guideline shall apply to all workplaces in the private sector including
their supply chain.
Components of Program:
The workplace policy and program on Hepa-B shall cover all workers
regardless of their employment status.
 Preventive Strategy: All establishments are encouraged to provide
Hepa-B immunization for all its workers. Measures to improve
working conditions, such as adequate hygiene facilities,
containment and proper disposal of infectious and potentially
contaminated materials shall be provided.
Social Policy:
There shall be no discrimination of any form against workers on the basis
of their Hepatitis B status. Workers shall not be discriminated against,
from pre- to post-employment, including hiring, promotion or
assignment, because of their Hepa-B status.
Individuals found to be Hepa-B positive shall not be declared unfit to
work without appropriate medical evaluation and counseling.
Confidentiality: Job applicants and workers shall not be compelled to
disclose their Hepa-B status and other related medical information.
Co-workers shall not be obliged to reveal any personal information about
fellow workers.
Benefits and Compensation:
A worker who contracts Hepa-B infection in the performance of his/her
duty is entitled to sickness benefits under the Social Security System and
employees compensation benefits under PD 626.
DISCRIMINATION REGARDLING HIV AND AIDS
(DEPARTMENT ORDER NO. 102-10)
The guideline shall apply to all workplaces and establishments in the
private sector.
HIV / AIDS Education in the Workplace:
All government and private employees, workers, managers, and
supervisors, including members of the Armed Forces of the Philippines
(AFP) and the Philippine National Police (PNP), shall be provided with the
standardized basic information and instruction on HIV/AIDS which shall
include topics on confidentiality in the workplace and attitude towards
infected employees and workers.
37
SOCIAL LEGISLATION
Based on: Atty. Samson Syllabus

In collaboration with the Department of Health (DOH), the Secretary of

the Department of Labor and Employment (DOLE) shall oversee the
anti-HIV/AIDS campaign in all private companies while the Armed Forces
Chief of Staff and the Director General of the PNP shall oversee the
implementation of this section.
Prohibitions on Compulsory HIV Testing:
Compulsory HIV testing as a precondition to employment, admission to
educational institutions, the exercise of freedom of abode, entry or
continued stay in the country, or the right to travel, the provision of
medical service or any other kind of service, or the continued enjoyment
of said undertakings shall be deemed unlawful.
Penalties for Violations of Confidentiality:
Job-applicants or workers must not be asked to disclose HIV-related
personal information. Co-workers must not be obliged to reveal such
personal information about fellow workers.
Work Accommodation and Arrangement:
Employers should take measures to reasonably accommodate the
workers with AIDS-related illnesses.
Through agreements made between the management and workers,
work accommodation measures to support workers with HIV and AIDS is
encouraged through flexible leave arrangements, rescheduling of
working time and arrangement for return to work.

 Imprisonment: 6 months to 4 years

Discrimination in the Workplace:

Discrimination in any form from pre-employment to post-employment,

including hiring, promotion or assignment, based on the actual,
perceived or suspected HIV status of an individual is prohibited.
Termination from work on the sole basis of actual, perceived or
suspected HIV status is deemed unlawful.

Discrimination in Schools:

No educational institution shall refuse admission or expel, discipline,

segregate, deny participation, benets or services to a student or
prospective student on the basis of his/her actual, perceived or
suspected HIV status.

Restrictions on Travel and Habitation:

The freedom of abode, lodging and travel of a person with HIV shall not
be abridged. No person shall be quarantined, placed in isolation, or
refused lawful entry into or deported from Philippine territory on
account of his/her actual, perceived or suspected HIV status.

Exclusion from Credit and Insurance Services:

All credit and loan services, including health, accident and life insurance
shall not be denied to a person on the basis of his/her actual, perceived
or suspected HIV status: P r o vid e d , That the person with HIV has not
concealed or misrepresented the fact to the insurance company upon
application. Extension and continuation of credit and loan shall likewise
not be denied solely on the basis of said health condition.

Penalties for Discriminatory Acts:

 Imprisonment: 6 months to 4 years

 Fine: not exceeding 10,000

Workplace Policy:

Employers are encouraged to extend their HIV and AIDS advocacy,

information, education and training services to their contractors and
supply chain, worker’s families, the community and other establishments,
as party of their Corporate Social Responsibility (CSR) and for
strengthening the multi-sectoral partnership in the prevention and
control of HIV and AIDS.

Confidentiality:

Access to personal data relating to a worker’s HIV status should be

bound by the rules of confidentiality.

JANE BORBE NOTES | JANE BORBE NOTES 38