NAME: ALEIAH JEAN LIBATIQUE

1. Read each question very carefully and write your answers in the same order as
the questions. Note well the allocated percentage points for each question or
sub-question. In your answers, use the numbering system in the questionnaire.

2. Answer the questions legibly, clearly, and concisely. An answer to a sub-

question under the same number may be written continuously on the same page
and the immediately succeeding pages until completed.

3. Your answer should demonstrate your ability to analyze the facts, apply the
pertinent laws and jurisprudence, and arrive at a sound or logical conclusion.
Always support your answer with the pertinent laws, rules, and/or jurisprudence.

A MERE "YES" OR "NO" ANSWER WITHOUT ANY CORRESPONDING

EXPLANATION OR DISCUSSION WILL NOT BE GIVEN FULL CREDIT. THUS,
ALWAYS BRIEFLY BUT FULLY EXPLAIN YOUR ANSWERS ALTHOUGH THE
QUESTION DOES NOT EXPRESSLY ASK FOR AN EXPLANATION. DO NOT
REWRITE OR REPEAT THE QUESTION.

4. Submit this through email to: daveabbyalano@gmail.com, on or before 9:30

PM. Any file submitted after shall be subject to a 5 pt deduction per 10 minutes.
 I.

Tyrion has been working with the Night’s Watch Co. for twenty vears. Wanting to
work in the public sector, Tyrion applied with and was offered a job in the Office
of the President. Before accepting the offer, he wanted to consult you whether the
payments that he and Night’s Watch Co. had made to the Social Security System
(SSS) can be transferred or credited to the Government Service Insurance System
(GSIS).
How will you respond to Tyrion’s inquiry? (10 pts)
- Yes, Tyrion’s payment to SSS can transferred to GSIS.

Under the R.A. 7699, also known as the Portability Law, an individual
may combine his/her years of service in the private sector represented by
his contributions to the Social Security System (SSS) with his
government service and contributions to the GSIS. Said contributions
shall be summed-up for the purpose of old-age, disability, survivorship
and other benefits in case the covered member does not qualify for such
benefits in either or both Systems without totalization.
 II.

What is the “Street Peril” Doctrine in relation to the compensability of injuries

under current social legislation? (10 pts)

- “Street Peril” Doctrine are injuries resulting from an accident which

happened while going to or coming from the place of work. The street
peril doctrine considers the extent to which there is an inherent risk of
being injured while using public roadways.  It has been applied to cases
where employees have been injured in automobile accidents while driving
in the course of employment, as being in a car accident is an inherent
risk to driving on public roads. An injury or death of a covered employee
in an accident while he is going to, or coming from, the workplace shall
be considered compensable under the ECP provided that the act of the
employee in going to, or coming from, the workplace must have been a
continuing act; that he had not been diverted therefrom by any other
activity, and he had not departed from his usual route to, or from, his
workplace.
 III.
Q: Cersei is a mother of three children with Jaime, whom she eventually
separated from due to the latter’s abusive tendencies. She had been working in
the Golden Company Co. for five years already.
Cersei became pregnant for the 4 th time, this time with Mr. Euron, her co-worker.
Seeking to avail once more of her maternity leave as her delivery becomes due,
she was informed by the HR Head of Golden Company that she can no longer
avail of the same because Cersei’s contract states that the Maternity Leave can
only be availed of under the following conditions: (1) that the pregnancy arises
from a lawful marriage; and (2) that Maternity Leaves can only be availed of for
the first three children of the woman.
Aggrieved, Cersei sought your assistance, believing that she deserves to avail of
the Maternity Leave. She asks if Golden Company Co.’s stipulations are correct.
How will you respond to the inquiry? (10 pts)

- If I were to respond on Cersi’s inquiry, my answer would be:

First, Maternity leave doesn’t have to arise from a lawful marriage. Under
Section 3 (1) of R.A 11210 which states that, “All covered female workers
in government and the private sector, including those in the informal
economy, regardless of civil status or the legitimacy of her child, shall be
granted one hundred five (105) days maternity leave with full pay and an
option to extend for an additional thirty (30) days without
pay: Provided, That in case the worker qualifies as a solo parent under
Republic Act No. 8972, or the "Solo Parents’ Welfare Act", the worker
shall be granted an additional fifteen (15) days maternity leave with full
pay.” She can still avail her maternity leave whether she is married or
now. In her case, Cersi is considered to be a solo parent to her 4 th child
because the father of the child she is bearing is not Jaime but from Mr.
Euron who is her co-worker.

Second, that maternity leave can be availed in every instance that she is
pregnancy. Under Section 3 (3) of R.A 11210 which states that,
“Maternity leave shall be granted to female workers in every instance of
pregnancy, miscarriage or emergency termination of pregnancy,
regardless of frequency: Provided, that for cases of miscarriage or
emergency termination of pregnancy, sixty (60) days maternity leave with
full pay shall be granted.” So, Cerci’s maternity leave does not only limit
to her first three children but whenever she is pregnant.
 IV.

Sansa is pregnant, and is currently working for the Vale Lighting Corporation,
and had availed of her Maternity Leave. When she gave birth, she immediately
wanted to go back to work.
With her workaholic tendencies taking over her, she reaches out to the HR head,
Mr. Baelish, saying that she wants to cut her Maternity Leave short, and save the
same for another time. She had only consumed 50 days out of her approved
Maternity Leave, and wanted the remainder of her leave days to be availed of in
December.
If you were Mr. Baelish, will you grant Sansa’s request? Why, or why not? (10 pts)

- If I were Mr. Baelish, I will not grant Sansa’s request.

Under Section 3 of R.A 11210 which states that “Enjoyment of maternity leave
cannot be deferred but should be availed of either before or after the actual
period of delivery in a continuous and uninterrupted manner, not exceeding
one hundred five (105) days, as the case may be.” Given the facts above,
Sansa’s request cannot be granted because the maternity leave must be availed
in a continuous manner.
 V.

You, being a brilliant, honest, down-to-earth, and competent young lawyer,

recently opened your own law firm near an industrial factory. One day, you were
swarmed by the following individuals who asked the following respective
inquiries on whether they can avail of the benefits under existing social
legislation. (8 pts each)

1. Margaery, nearing retirement age, has paid 100 monthly contributions with the
SSS. Is she eligible for Retirement Benefits if she opts to retire?
- It depends.
There are two types of Retirement Benefits, the monthly pension and
lump sum amount.
Monthly pension - a lifetime cash benefit paid to a retiree who has paid at least
120 monthly contributions to the SSS prior to the semester of retirement. A
lifetime cash benefit paid to a retiree who has made at least 120 monthly
contributions prior to the semester of retirement. The monthly pension is paid
for not less than 60 months.

Lump sum amount - granted to a retiree who has not paid the required 120
monthly contributions. It is equal to the total contributions paid by the
member and by the employer including interest. member is at least 60 years
old (or 55 years old, if an underground mineworker) for optional retirement, or
65 years old (or 60 years old, if an underground mineworker) for technical
retirement, and has paid less than 120 monthly contributions. A member filing
for retirement benefit and has paid less than 120 monthly contributions shall
be given the option to continue paying the contributions as a VM to complete
the 120 months to avail the full benefits thru monthly pension.

2. Bran suffered from a fall at work, rendering both his legs paralyzed. He is now
unable to walk. He applied for Disability Benefits with his employer, but was
denied. His employer said that he cannot get anything because per his records,
he has not paid at least 36 months of contribution with the SSS. Is his employer
correct?
- No, his employer is not correct.
One kind of disability benefit is the lump sum. Under the lump sum as defined,
if he has not paid the required thirty-six (36) monthly contributions, he shall be
entitled to a lump sum benefit equivalent to the monthly pension times the number of
monthly contributions paid to the SSS or twelve (12) times the monthly pension,
whichever is higher. Therefore, Bran can still avail the Disability Benefit.

3. Catelyn is the mother of Robb, a single man with no children, who worked in
the factory. Robb had died due to an accident in the workplace. When Catelyn
asked if the employer can process any existing Death Benefits, the employer
turned her down, saying that it is the Primary Beneficiaries who are entitled to
Monthly Pension as Death Benefits. There being no Primary Beneficiaries, no
Death Benefits is due in favor of Robb’s family. Is the employer correct?
- no.
The employer is not correct because if there are no primary beneficiary, then
the secondary beneficiary shall be entitled to a lump sum benefit equivalent to
thirty-six times the monthly pension.

4. Bronn, a janitor from an agency legitimately contracted by the factory, sought

to avail of his sickness benefits from the HR department of the factory, but was
turned down. Bronn says that while he ultimately answers to his agency, he
receives instructions from the factory’s management from time to time, thus the
latter is also his employer and is liable for the processing and payment of his
sickness benefits. Is Bronn correct?
- yes.
Under Social Security Act of 2018, for each day of compensable confinement or
a fraction thereof, be paid by his employer, or the SSS, if such person is
unemployed or self-employed, a daily sickness benefit equivalent to ninety
percent (90%) of his average daily salary credit

5. Beric recently lost one of his eyes from a freak accident while working in the
factory. He believes that this has left him totally and permanently disabled, thus
he should receive the Permanent Total Disability Benefits under the law. Is Beric
correct?
No.
Under Section 13-a of Social Security Act of 2018, lost of Beric’s one eye
cannot be considered as a Permanent Total Disability but a Permanent
Partial Disability only.
 VI.
Theon works as a seafarer for the Iron Islands Shipping Corporation. While
onboard the vessel, he noticed a swelling on his neck. He was eventually
diagnosed with Nasopharyngeal Carcinoma (NPC), a form of cancer.
Theon eventually claimed that he has been permanently and totally disabled, thus
entitling him to Permanent and Total Disability Benefits under the law. He was
eventually repatriated and underwent medical examination with Iron Island’s
physician, Dr. Varys, who made the following conclusions:
This is with regards [sic] to Mr. Theon, 45 y/o male, diagnosed case of
Nasopharyngeal Carcinoma; S/P Incisional Biopsy of Left Neck Mass on
April 2, 2007. Risk factors include:
Diet – salt cured fish
Viral agents – Epstein Barr Virus (EBV)
Genetic Susceptibility – H2 locus antigens, Singapore Antigen BW46 and
B17 Antigen.
His condition is likely not work-related.
With this conclusion, Iron Islands denied Theon’s claim of Permanent and Total
Disability, claiming that Theon’s cancer was not work-related.
Is Iron Island Shipping Co’s claim correct? (10 pts)
- Yes.

Under Social Security Act of 2018, cancer does not belong to the list of
permanent disability nor permanent partial disability.

Therefore,Theon is not entitle to Permanent and total Disability Benefits.

 VII.

(a) What is the Principle of Work-Relatedness? (5pts)

-  Work-relatedness is presumed for injuries and illnesses resulting from events or
exposures occurring in the work environment, unless an exception specifically
applies

(b) What is the Principle of Work-Aggravation? (5pts)

- Is the determination of the responsible employer in cumulative trauma claims
turns on the distinction between whether the claimant’s disability is the result
of the “natural progression” of a work related injury or an “aggravation” of that
injury.
Bonus: What is the song being played? (3pts)

THOSE EYES