01

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ANTI – SEXUAL HARASSMENT
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ACT OF 1995

Republic Act No. 7877

 DECLARATION OF POLICY
02
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The State shall value Template
the dignity of every individual,
enhance the development of it human resources,
guarantee full respect for human rights, and uphold
the dignity of workers, employees, applicants for
employment, students or those undergoing training,
instruction or education.

Towards this end, all forms of sexual harassment in

the employment, education or training environment
are hereby declared unlawful.
 TOOL FOR ANALYSIS
03
Where:
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In a WET Environment (Work,
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Education or Training)

Who: Work (Employee, Manager,

Supervisor, Agent of the
Employer)
Educational (Teacher, Instructor,
Professor, Coach, Trainer)

-having-

MIA (Moral ascendancy,

Influence, or Authority)
 TOOL FOR ANALYSIS
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How:
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DRR SEXUAL FAVOR
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- Demands

- Requests

- Requires Sexual Favor

 TOOL FOR ANALYSIS
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Why: WINTER
WORK
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COER (Continued Emploment or
other favorable consideration,
Employment, Re-employment)

EDUCATION/TRAINING

GASHOS (Grade, Allowance,

Scholarship, Honors, Other
Benefits or Consideration, or
Stipend)
 05
What:
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Accepted
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or

rejected
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If rejected, the effects are:

WORK (LSC – DADDIE)

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- Limiting
- Segregating
- Classifying

in a manner that would

Discriminate, Adversely Affect, Deprive or Diminish

Employment opportunities, Impair the employee’s
rightes or privileges under existing labor law,
Environment (Hostile, Offensive or Intimidating)
 07
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If rejected, the effects are:

TemplateTRAINING
EDUCATION/

the effects are HOI Environment

H – Hostile

O – Offensive

I - Intimidating
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DOMINGO VS. RAYALA
G.R. No.Template
155831; 155840

This case tells us that might be no overt

acts indicating demand request, or
requirement for sexual favor. However,
the totality of the circumstances
may indicate the existence of any such
acts; hence, sexual harassment may still
be committed.
 09
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AQUINO VS ACOSTA
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[A.M. No. CTA-01-1. April 2, 2002]
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SOCIAL SECURITY LAW
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Republic Act No. 8282

 DECLARATION OF POLICY
11
The State shall:
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 EDPP (establish, develop, promote and perfect )

 An SSS that is SVT (sound, viable & tax-exempt)

 To promote SP (social justice and provide meaningful

protection to members and their beneficiaries)

 Against the hazards of D SODOM (Death, Sickness, Old

age, Disability, Other Contingencies, & Maternity)

 Resulting in LF (loss of income or financial burden)

 DECLARATION OF POLICY
11
Thus, a worker –
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1. Gets sick andTemplate
needs income replacement;

2. Gets disabled and needs income replacement;

3. Gives birth and needs income replacement;

4. Needs cash and has to get a loan;

5. Retires and needs income replacement;

6. Dies and must be buried, leaving behind

dependents who must continue to live,

7. Others
 NATURE OF SSS LAW
12
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POLICE POWER Template
MEASURE
....It does not violate the separation of
church and State, non – impairment
clause. The State can compel workers to
part with a portion of their income earned
during their productive years to cover
future contingencies...
 NATURE OF SSS funds
13
PRIVATE FUNDS
HELD IN TRUST.
....They are private funds held in trust for its
members. The Church cannot justify non-
reporting and non – payment of contributions
with the use of the Constitutional prohibition
against the use public funds for religion...

Public funds are not used when SSS benefits are

paid to members
 14

MECHANICS FOR
BENEFITS
 MECHANICS OF BENEFITS
15
1.Both covered employer and covered
employee contribute to the fund;

2. In case of occurrence of a covered

contingency, the employer advances
the benefit, subject to reimbursement
by the SSS;
 MECHANICS OF BENEFITS
15
3. Reimbursement is conditioned on: (i)
proof of member’s entitlement to the
benefit; and (ii) proof of payment by the
employer;

4. If the employer does not report/pay

contributions, the member will still be
entitled to his benefits. The employer must
pay said benefits, subject to penalties
under the law.
 16
QUESTION?

WHO ARE COVERED UNDER SSS

LAW?
COMPULSORY COVERAGE & START OF COVERAGE
17
1. Employer - on the day it hires its
first employee

2. Employee - On the day they start

working

(i) Employee in the private sector who is not over

60 years old;
(ii) Household helper earning not less than P1K
a month
(iii) Filipino seafarer upon his deployment
 18
3. Self – employed earning not less than P1K
per month – on the date of payment of first
contribution.

NOTE: Those subject to compulsory

coverage are also entitled to EC Benefits,
except SELF – EMPLOYED

EC BENEFITS: Cash income benefits,

medical assistance and rehabilitation
assistance
 20
4. An employee of a foreign
government, international organization
or their wholly-owned instrumentality
based in the Philippines, which
entered into an administrative
agreement with the SSS for the
coverage of its Filipino workers.
 Voluntary coverage 21
1. Non working spouses of employed SSS
members who fully devote their time to the
management of home and family affairs;

2. OFWs recruited in the Philippines by a

foreign-based employers to work overseas;

3. Separated employee; or one who ceased

to be self-employed or OFW or non-working
spouse
 22

benefits
 a. Sickness benefit 23
SB = ADS X 90% X No. of Days

Where:

SB - Sickness Benefit
ADS - Average Daily Salary
Number of Days - Number of days
member cannot work due to
sickness or injury
 Period of entitlement 24
Period is 120 days

Plus. Additional 120 days if sickness

persists.

If sickness extends beyond 240 days, the

member is already disabled. He should not
ask for extension but apply for disability
benefits.
 Determination of ads 25
1. Determine the semester of contingency (1st semester
is Jan-June; 2nd semester is July to December)

2. From the start of the semester of contingency, count

12 months backwards;

3. Get the 6 highest monthly salaries during that period

and add them up;

4. Divide the sum by 180 days (ADS) then multiply by

90%;

5. Multiply the result by number of days a member was

not able to work.
 Condition for entitlement 26
(1) the member has at least 3 monthly
contribution within the 12-month period
prior to the semester of contingency,

(2) the member has been confined in the

hospital or at home for at least 4 days,

(3) the SSS has been notified, and

(4)all sick leaves have been used up.

 27

Maternity benefits
 Maternity benefits 28
Maternity Benefits = ADS X 100% X (60/78 DAYS)

CONDITIONS FOR ENTITLEMENT:

1. Payment of 3 monthly contributions;

2. Report pregnancy to employer/SSS if

self-employed, voluntary covered, or
separated.
 illustration 29
3-monthly Contribution
To avail of maternity benefits, the woman
employee must have paid at least three monthly
contributions within the 12-month period
immediately preceding the semester of her
childbirth or miscarriage.

 A semester refers to two consecutive quarters

ending in the quarter of contingency;

 A quarter refers to three consecutive months

ending March, June, September or December.
 30
To illustrate, assume that the projected date of delivery is
March 2010.

1. The semester of childbirth would be from October 2009 to

March 2010. This is called the semester of contingency.

2. Count 12 months backwards starting from the month

immediately before the semester of contingency, which is
September 2009.

3. Hence, the 12-month period immediately preceding the

semester of childbirth or miscarriage is from October 2008 to
September 2009.

4. To avail of the benefits, the employee must have paid at

least 3 monthly contributions during this period.
 31

DISABILITY benefits
DISABILITY BENEFITS 32
Disability Benefits = lump sum
amount or monthy pension
CONDITIONS FOR ENTITLEMENT:

1. 1 monthly contribution;

2. partial or total permanent disability

 33
QUESTION?

HOW ABOUT WHEN THE

EMPLOYEE/MEMBER DECIDES
TO MEET HIS KINGDOM COME?
 34

DEATH benefits
DEATH BENEFITS 35
 The death of an SSS member who
has paid at least 36 monthly
contributions entitles his primary
beneficiaries to a monthly pension.

Beneficiaries of SSS members

with less than 36 contributions are
entitled to a lump sum benefit.
 36
Provided,

That if he has no primary

beneficiaries, his secondary
beneficiaries shall be entitled to a
lump sum benefit equivalent to
thirty six (36) times the monthly
pension
 36
Funeral Grant

A funeral grant amounting to a maximum

of P20,000 is paid by the SSS to
whoever shoulders the funeral expense
upon the death of a member or
pensioner. A member must have paid at
least one month's contribution for his
beneficiaries to be eligible to claim this
benefit.
 37

retirement benefits
 38
QUESTION

WHAT ARE THE REQUIREMENTS

FOR RETIREMENT BENEFIT?
DEATH BENEFITS 39
(a) A member who has paid at least one hundred
twenty (120) monthly contributions prior to the
semester of retirement and who (1) has reached
the age of sixty (60) years and is already
separated from employment or has ceased to be
self‐employed or

(2) has reached the age of sixty‐five (65) years,

shall be entitled for as long as he lives to the
monthly pension:
DEATH BENEFITS 39
Provided,

That he shall have the option to

receive his first eighteen (18)
monthly pensions in lump sum
discounted at a preferential rate of
interest to be determined by the
SSS.
 39
TACKING OR
TOTALIZATION OF
CREDITABLE SERVICE

RELATE IT TO RA 7699 OR “PORTABILITY LAW”

 40
EXAMPLE

GAMOGAMO vs PNOC

G.R. No. 141707. May 7, 2002

EXAMPLE 40
 14 years with GSIS
 17 Years with SSS

NOTE:

1. Tack the two service periods (14 plus 17) if

the employee cannot qualify for retirements
benefits under SSS or GSIS because of lack
of length of service

2. Do not tack if the employee qualified

because he has the necessary minimum
creditable service under either system.
 40
Non transferability of sss
benefits
 41
SSS benefits cannot be

transferred through special powers

of attorney; except when a member
cannot physically receive his SSS
benefits.
 41
MAGNA CARTA OF
WOMEN

REPUBLIC ACT NO. 9710

AUGUST 14, 2009
 42
The MCW is a comprehensive women's human rights
law that seeks to eliminate discrimination through
the recognition, protection, fulfilment and promotion
of the rights of Filipino women, especially those
belonging in the marginalized sectors of the society.
In the news...
43
The Philippines ranked ninth out of 142 countries in terms of
gender equality, according to the recent World Economic Forum
(WEF) Global Gender Gap Report 2014. As one of the top 10
countries, the Philippines keeps company with high-income
Nordic countries, such as Finland, Norway, Sweden, and
Denmark. Perhaps surprisingly, several low-income countries
such as Nicaragua and Rwanda also made the top 10. (March 21,
2015)
SOURCE: EASTASIA FORUM
 44
Special leave privileges
 45
QUESTION

WHAT IS THE SPECIAL

LEAVE OF WOMEN?
 46
“A woman employee having rendered continuous
aggregate employment service of at least six (6) months
for the last twelve (12) months shall be entitled to a
special leave benefit of two (2) months with full pay based
on her gross monthly compensation following surgery
caused by gynecological disorders.” (Section 18)
 45
QUESTION

WHAT DO YOU MEAN BY

GYNECOLOGICAL
DISORDER?
 47
The special leave may be availed for
every instance of gynecological
disorder requiring surgery for a
maximum period of two months per year.
 48
Gynecological disorders refer to disorders that
would require surgical procedures such as, but not
limited to dilatation and curettage and those involving
female reproductive organs such as the vagina, cervix,
uterus, fallopian tubes, breast, adnexa and pelvic floor
as duly certified by a competent physician.
 49
QUESTION
 50
NATIONAL HEALTH
INSURANCE ACT OF 1995

REPUBLIC ACT NO. 7875

FEBRUARY 14, 1995
 51
The State shall adopt an integrated and comprehensive approach
to health development which shall endeavor to make essential
goods, health and other social services available to all the people
at affordable cost. There shall be priority for the needs of the
underprivileged, sick, elderly, disabled, women, and children. The
State shall endeavor to provide free medical care to paupers.
(Sec. 11, Art. XIII, 1987 Philippine Constitution)
REPUBLIC ACT NO. 7875 53
PHILHEALTH covers all FILIPINOS who are: (RIPE)

R - Retiree – members
I - Individually – paying members
P - Privately-sponsored members;
E - Enrolled indigents
REPUBLIC ACT NO. 7875 54
If COVERED, they are entitled to: (HOI ETO)
H - Health Education Packages
O - Out – patient care
I - In – patient hospital care

E - Emergency Services
T - Transfer Services; and
0 - Other Health care services
REPUBLIC ACT NO. 7875 55
PHILHEALTH is not answerable for: (CosCosAlcoNon5thOpto)
Cos - Cosmetic surgery
Cos - Cost – inefficient procedures
Alco - Alcohol abuse
Non - Non-prescriptive drug and devices
5th - 5th & subsequent normal
obstetrical deliver ; and
Opto - Optometric Services
REPUBLIC ACT NO. 7875 56
ENTITLEMENT is conditioned on:
a. Payment of 3 monthly contribution except:
i) R - Retired SSS and GSIS members
(ii) E - Enrolled indigents
(iii) M - Members of PHILHEALTH who
are retired
b. Proof of regularity of payments; and
c. Non – liability under Section 44, RA 7875
 57
SECTION 44, RA 7875 –

PENAL PROVISIONS
REPUBLIC ACT NO. 7875 58
MODE OF PAYMENT for PHILHEALTH services are:
(O Cap FEE)
a. Capitation
b. Fee for services; or
c. Other modes
REPUBLIC ACT NO. 7875 59
CAPITATION...
A payment mechanism where a fixed rate, whether per
person, family, household, or group, is negotiated with a health
care provider who shall be responsible for delivering or
arranging for the delivery of health care services required by
the covered person under the conditions of a health care
provider contract.
REPUBLIC ACT NO. 7875 60
FEE FOR SERVICES...

A reasonable and equitable health care payment system

under which physicians and other health care providers receive
a payment that does not exceed their billed charge for each unit
of service provided.
REPUBLIC ACT NO. 7875 61
PHILHEALTH PRINCIPLES ARE:
(SURE DIE IF)

S - Social solidarity
U - Universality
R - Responsiveness
E - Equity
REPUBLIC ACT NO. 7875 62
PHILHEALTH PRINCIPLES ARE:
(SURE DIE IF)

D - Devolution
I - Informed choice
E - Effectiveness
REPUBLIC ACT NO. 7875 63
PHILHEALTH PRINCIPLES ARE:
(SURE DIE IF)

I - Innovation
F - Fiduciary Responsibility
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