Beruflich Dokumente
Kultur Dokumente
JIMENO)
CASES:
SSS CASES
14.AMECOS INNOVATIONS, INC. and ANTONIO F. MATEO,
petitioners, vs. ELIZA R. LOPEZ, respondent.
ARIOLA.BELARMINO.DIATO.ESCASINAS.GALVEZ
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system for under the law three alternatives are open to respondents in
effecting the integration. In other words, respondents may continue
with whatever private social systems they may have at present as a
complement to the benefits afforded to them under the government
system without prejudice to their integration into the government
security system.
Issue:
Whether the decision of NLRC on the existence of employer-employee
relationship binds upon the SSC case
Ruling:
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Section 8 (d) of the same law defines an employee as any person who
performs services for an employer in which either or both mental or
physical efforts are used and who receives compensation for such
services, where there is an employer-employee relationship. The illegal
dismissal case before the NLRC involved an inquiry into the existence
or non-existence of an employer-employee relationship. The very
same inquiry is needed in the SSC case. And there was no indication
therein that there is an essential conceptual difference between the
definition of "employee" under the Labor Code and the Social Security
Act.
ISSUE:
Whether or not an employer-employee relationship exists between
Stanfilco and its owner-members.
HELD:
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were not regular employees but were project employees whose work
had been fixed for a specific project or undertaking which completion
is determined at the time of their engagement. He also concluded that
the said employees were not entitled to coverage under the SSA. The
SSS filed a petition in intervention and on February 1, 1995, the SSC
issued its Order which ruled in favor of private respondents, stating
that the petitioner should pay the SSS and the unpaid SS/EC and
contributions plus penalty for the delayed remittance. The SSC denied
the Motion for Reconsideration filed by the petitioner for lack of merit.
The petitioner then filed a Motion for Review to the CA, claiming the
same that the private respondents are project employees whose
period of employment are terminated upon completion of the project
and that no employer-employee relationship existed between them.
Thus, there no being employer-employee relationship, the private
respondents are not entitled to coverage under the SSA and that their
length of service did not change their status from project employees
to regular employees. Petitioner also questioned the failure to apply
the rules on prescription of actions and of laches for filing six to eight
later after they were taken in by the petitioner. The CA, citing Article
280 of the Labor Code declared that the private respondents were all
regular employees in relation to certain activities since they all worked
either as masons, carpenters and fine graders in the petioles various
projects for at least one year, and that their work was necessary
desirable to petitioner's business which involved the construction or
roads and bridges. The CA rejected the claim of prescription stating
that the filing of private respondents claim was well within the twenty
year period provided by the SSA. Petitioner then filed with the SC a
Motion for Reconsideration.
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years or both, at the discretion of the court: Provided, That where the
violation consists in failure or refusal to register employees or himself,
in case of the covered self-employed, or to deduct contributions from
the employees' compensation and remit the same to the SSS, the
penalty shall be a fine of not less than Five thousand pesos (P5,000)
nor more than Twenty thousand pesos (P20,000) and imprisonment for
not less than six (6) years and one (1) day nor more than twelve (12)
years.
The RTC sustained petitioners motion and dismiss the criminal case. It
ruled that the Memorandum of Agreement entered into between the
2) NO. Their claim for the SSS coverage has not prescribed and not Department of Labor and Employment ("DOLE") and the Social
guilty of laches, their right to claim would only prescribe after the Security System ("SSS") extending the coverage of Social Security,
period of 20 years.
Medical Care and Employment Compensation laws to Filipino seafarers
on board foreign vessels was null and void as it was entered into by
6. BEN STA. RITA , petitioner, vs. THE COURT OF APPEALS, THE the Administrator of the SSS without the sanction of the Commission
PEOPLE OF THE PHILIPPINES and THE SOCIAL SECURITY
and approval of the President of the Philippines, in contravention of
SYSTEM, respondents.
Section 4(a) of R.A. No. 1161, as amended.
Facts:
However, the people, through the OSG, filed in the CA a petition for
Sta. Rita was charged for violating the provisions of the Social Security certiorari assailing the order of dismissal by the trial court. Respondent
Law. It was alleged that he was a President/General manager of B. Sta. CA granted the petition and ordered the reinstatement of the criminal
Rita Co., Inc. a compulsorily covered employer under the Social case.
Security Law, as amended, did then and there wilfully and unlawfully In the Petition for Review, petitioner Sta. Rita contends that the Filipino
fail, neglect and refuse and still fails, neglects and refuses to remit to seafarers recruited by B. Sta. Rita Co. and deployed on board foreign
the Social Security System contributions for SSS, Medicare and vessels outside the Philippines are exempt from the coverage of R.A.
Employees Compensation for its covered employees." Petitioner Sta. No. 1161 under Section 8 (j) (5) thereof:
Rita moved to dismiss said criminal case alleging that the facts
charged do not constitute an offense and that the RTC has no "Terms Defined
jurisdiction over the case.
EMPLOYMENT Any service performed by an employee for his
WHY CRIMINAL? WHAT WAS THE BASIS OF THE CRIMINAL ASIDE FROM employer, except
ESTAFA WHEN IT IS NOT REMITTED? criminal liability for violation of
xxx xxx xxx
Section 22 (a) and (b) in relation to Section 28 (e) of RA 1161, as
amended. Section 28 being the PENAL CLAUSE of the said law
(5) Service performed on or in connection with an alien vessel by an
(e) Whoever fails or refuses to comply with the provisions of this Act or employee if he is employed when such vessel is outside the
with the rules and regulations promulgated by the Commission, shall Philippines xxxx
be punished by a ?ne of not less than Five thousand pesos (P5,000) Issue:
nor more than Twenty thousand pesos (P20,000), or imprisonment for
not less than six (6) years and one (1) day nor more than twelve (12)
6
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Whether or not Filipino seafarers on board vessels are exempted from binds petitioner Sta. Rita or B. Sta. Rita Company, who is solidarily
the SSS Law
liable with the foreign shipowners/employers.
Ruling:
No.
"SECTION 9. Compulsory Coverage. (a) Coverage in the SSS shall be presumptively dead (despite still being alive). His second marriage
compulsory upon all employees not over sixty years of age and their was with Elisa. The third marriage was with Teresita Jarque who is the
respondent in this case. Teresita, upon the death of Clemente filed a
employers; Provided, . . .
claim in the SSS as a beneficiary of Clemente Bailon, this was
(b) Filipinos recruited in the Philippines by foreign-based employers for approved by the SSS. Elisa together with her daughters opposed
employment abroad may be covered by the SSS on a voluntary basis." Teresita's claim stating that since the 1 st wife Alice was still alive
Teresita's marriage was void thus she cannot claim benefits under the
(The SSS law coverage is written into the contract)
law. Elisa and Clemente's children filed claims for death benefits. The
The extension of the coverage of the Social Security System to Filipino SSS cancelled Teresita's claim and ordered a refund of the benefits
seafarers arises by virtue of the assent given in the contract of given to her, it also declared Alice as the legal beneficiary being the
employment signed by employer and seafarer; that same contract legitimate wife thus entitled to the benefits. The court held that the
SSS has the power to settle any dispute with respect to SSS coverage,
7
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FACTS
Elisa (2nd wife) and seven of her children subsequently filed claims for
death benefits as Bailon's beneficiaries before the SSS.
On April 25, 1955, Clemente G. Bailon (Bailon) and Alice P. Diaz (Alice)
contracted marriage in Barcelona, Sorsogon. More than 15 years later
or on October 9, 1970, Bailon filed before the CFI of Sorsogon a
petition to declare Alice presumptively dead the CFI granted the
petition
Close to 13 years after his wife Alice was declared presumptively dead
Bailon contracted marriage with Teresita Jarque (respondent) in The deceased member was the deserting spouse and who remarried,
thus his marriage to Teresita Jarque, for the second time was void as it
Casiguran, Sorsogon
was bigamous
Bailon a member of the SSS and a retiree pensioner DIED.
SSS Sorsogon Branch, by letter of August 16, 2000, advised
Respondent filed a claim for funeral benefits, and was granted P12,000 respondent that as Cecilia and Norma were the ones who defrayed
by the SSS. Additional death benefits claimed were also granted by Bailon's funeral expenses, she should return the P12,000 paid to her.
SSS
In another letter, SSS advised respondent of the cancellation of her
Cecilia Bailon-Yap (Cecilia), who claimed to be a daughter of Bailon and monthly pension for death benefits in view of the opinion rendered by
one Elisa Jayona (Elisa) contested before the SSS the release to its legal department that her marriage with Bailon was void as it was
respondent of the death and funeral benefits.
contracted while the latter's marriage with Alice was still subsisting. It
thus requested respondent to return the amount of P24,000
She claimed that Bailon contracted three marriages in his representing the total amount of monthly pension she had received
lifetime, the first with Alice, the second with her mother Elisa, and the from the SSS from February 1998 to May 1999.
third with respondent, all of whom are still alive; she, together with her
siblings, paid for Bailon's medical and funeral expenses; and all the Respondent protested the cancellation of her monthly pension for
documents submitted by respondent to the SSS in support of her death benefits by letter to the SSS asserting that her marriage with
claims are spurious.
Bailon was not declared before any court of justice as bigamous or
unlawful, hence, it remained valid and subsisting for all legal intents
Cecilia and her sister Norma Bailon Chavez (Norma) submitted an and purposes as in fact Bailon designated her as his beneficiary.
Affidavit averring that they are two of nine children of Bailon and Elisa
who cohabited as husband and wife with Clemente Bailon
The SSS, by letter to respondent denial of her claim. It advised her
that she was not deprived of her right to file a petition with the SSC.
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Petition is denied
Yes, SSC is empowered to settle any dispute with respect to SSS
coverage, benefits and contributions, there is no doubt. In so
exercising such power, however, it cannot review, much less
reverse, decisions rendered by courts of law as it did in the case
at bar when it declared that the December 10, 1970 CFI Order was
obtained through fraud and subsequently disregarded the same,
making its own findings with respect to the validity of Bailon and
Alice's marriage on the one hand and the invalidity of Bailon and
respondent's marriage on the other.
After the SSS filed its Answer to respondent's petition, and the parties
filed their respective Position Papers, one Alicia P. Diaz filed an
Affidavit dated August 14, 2002 with the SSS Naga Branch attesting
that she is the widow of Bailon; she had only recently come to know of
the petition filed by Bailon to declare her presumptively dead; it is not
true that she disappeared as Bailon could have easily located her, she
having stayed at her parents' residence in Barcelona, Sorsogon after In interfering with and passing upon the CFI Order, the SSC virtually
she found out that Bailon was having an extramarital affair; and Bailon acted as an appellate court. The law does not give the SSC
unfettered discretion to trifle with orders of regular courts in
used to visit her even after their separation
the exercise of its authority to determine the beneficiaries of
By Resolution of April 2, 2003, the SSC found that the marriage of the SSS.
respondent to Bailon was void and, therefore, she was "just a
common-law-wife." Teresita was declared not a legitimate spouse, Since the marriage was solemnized before the effectivity of the Family
not the primary beneficiary of Bailon and that she should refund all the Code, the Civil Code would be the prevailing law.
benefits she has received.
If the absentee reappears, but no step is taken to terminate the
RESPONDENT: motion for reconsideration but was denied. Thus a subsequent marriage, either by affidavit or by court action, such
absentee's mere reappearance, even if made known to the spouses in
petition for review was filed before the CA.
the subsequent marriage, will not terminate such marriage. Since the
CA: reversed the SSC Resolution the court held that the only second marriage has been contracted because of a presumption that
competent court can nullfy a marriage, in this case SSS cannot validly the former spouse is dead, such presumption continues inspite of the
declare the 2nd marriage null and void on the basis of its own spouse's physical reappearance, and by fiction of law, he or she must
investigation. Respondent SSS cannot arrogate upon itself the still be regarded as legally an absentee until the subsequent marriage
authority to review the decision of the regular courts under the pretext is terminated as provided by law
of determining the actual and lawful beneficiaries of its members.
It bears reiterating that a voidable marriage cannot be assailed
SSC and SSS: separately filed their Motions for Reconsideration 37 collaterally except in a direct proceeding. Consequently, such
which were both denied for lack of merit.
marriages can be assailed only during the lifetime of the parties and
not after the death of either, in which case the parties and their
SSS: Filed a petitioner for review on certiorari
offspring will be left as if the marriage had been perfectly valid. Upon
the death of either, the marriage cannot be impeached, and is made
ISSUE:
good ab initio.
Whether or not the SSC gravely abused its discretion
In the case at bar, as no step was taken to nullify, in accordance with
HELD
law, Bailon's and respondent's marriage prior to the former's death in
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SSS CASES
1998, respondent is rightfully the dependent spouse-beneficiary of No. It is not controlling where the plain purpose and intent of the
Bailon.
Legislature would thereby be hindered and defeated.
8. IN RE CATHOLIC ARCHBISHOP OF MANILA VS SOCIAL
SECURITY COMMISSION
FACTS:
The request was based on the claim that the said act is a labor W/N TAXING RELIGIOUS BELIEFS? No, this is for the protection of labor,
law and does not cover religious and charitable institutions but it is contribution to be held in trust and returned because of disability,
is limited to businesses and activities organized for profit. The sickness or death
Social Security Commission DENIED the request
The definition of the term employer is sufficiently comprehensive as to
The Roman Catholic Archbishop of Manila reiterating its include religious and charitable institutions or entities not organized
arguments requested for reconsideration, however was DENIED for profit. This is made more evident by the fact that it contains an
exception in which said institutions or entities are not included.
by the Commission
The coverage of the Social Security Law is predicated on the 9. ELENA P. DYCAICO , petitioner, vs. SOCIAL SECURITY SYSTEM
existence of an employer-employee relationship of more or less and SOCIAL SECURITY COMMISSION, respondents.
permanent nature and extends to employment of all kinds FACTS:
except those expressly exclude
Bonifacio S. Dycacio is a member of the SSS. He retired on June 1989.
Appellant contends that the term employer as defined in the A few months prior to his death, he married the petitioner. The
law should following the principle of ejusdem generis be petitioner then filed with SSS an application of survivors pension but
limited to those who carry on undertakings or activities which was denied on the ground that under Sec. 12-B(d) of RA 8282 she
have the element of profit or gain or which are pursued for couldnt be considered a primary beneficiary because they were not
profit or gain because the phrase activity or any kind in the yet married when
Bonifacio, as conditioned in the mentioned
definition is preceded by the words any trade, business, provision. Petitioner then filed with the SSC (Social Security
industry, undertaing
Commission) a petition alleging that the denial was unjustified for the
reason that the provision itself does not require that the primary
ISSUE:
beneficiaries be legitimate. Furthermore, SSS is legally bound to
respect the deceaseds designation of them as his beneficiaries. SSC
W/N THE RULE OF EJUSDEM GENERIS BE APPLIED
promulgated its resolution affirming the denial of the petitioners claim
RULING:
10
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relying heavily on the definition of a primary beneficiary found in Sec. dependent spouse's claim for survivorship pension if the dependent
8 of the same law.
spouse contracted marriage to the pensioner within the three-year
prohibited period, was declared offensive to the due process clause.
(he was not given the right to be heard)
Petitioner filed with the CA a petition for review and the same affirmed NOTE:
in toto the decision of the SSC. Petitioner then filed a motion for
reconsideration in the same court but was again denied.
For clarity, Section 12-B(d) of Rep. Act No. 8282 is quoted anew
below: Sec. 12-B. Retirement Benefits.
The court required the parties as well as OSG to file their respective
comments on the issue. SSS and OSG have the same stance.
xxx xxx xxx
ISSUE/S:
(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
WON Sec. 12-B(d) of RA 8282 violates the equal protection and due pension. . . .
process clauses of the Constitution. - YES
Under Section 8(k) of the same law, the "primary beneficiaries"
HELD:
are:
The purpose of the provision is to prevent sham marriages or those
contracted by persons solely to enable one spouse to claim benefits
upon the anticipated death of the other spouse. In this case, the
assailed provision effectively disqualifies form entitlement to
survivors pension all those dependent spouses whose respective
marriages to retired SSS members were contracted after the latters
retirement irrespective of the duration of marriage. It is therefor,
arbitrary and discriminatory. It unfairly lumps all theses marriages as
sham relationships or were contracted solely for the purpose of
acquiring benefits accruing upon the death of the other spouse. The
proviso thus unduly prejudices the rights of the legal surviving spouse,
like the petitioner, and defeats the avowed policy of the law "to
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."
Furthermore, court holds that the sec. 12-B(d) of RA 8282 is 10. SSS VS DAVAC ET AL
unconstitutional for it violates the due process and equal protection
clauses of the Constitution. In an analogous case (GSIS v. FACTS:
Montesclaros) the court invalidated a presidential because the Court
The late Petronillo Davac, a former employee of Lianga Bay
characterized retirement benefits as property interest of the pensioner
Logging Co became a member of the SSS. He was assigned an
as well as his or her surviving spouse. The proviso, which denied a
SSS number and designated respondent Candelaria Davac as
11
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SSS CASES
Article 739 of the NCC is not applicable because she was not
guilty of concubinage there being no proof that she had
knowledge of the previous marriage. The provision provides
that donations shall be void between persons who were guilty
of adultery or concubinage at the time of the donation.
12
SSS CASES
ISSUE:
Whether respondent is entitled to claim disability benefits from the
petitioners
Whether respondent is entitled to be awarded permanent total or
permanent partial disability benefits
Whether respondents entitlement to permanent total disability
benefits should be based on the CBA or his POEA-SEC which
integrated the 2000 Amended Standard Terms and Conditions
Governing the Employment of Filipino Seafarers on Board OceanGoing Vessels.
HELD:
13
SSS CASES
(SENCOR), an information technology firm, with respondent Jose V. DOJ Undersecretary Manuel A.J. Teehankee set aside Prosecutor Puti's
Martel serving as Chairman of the Board of Directors
Resolution and ordered the withdrawal of the Information filed in
Criminal case. The DOJ found that respondent Martels and petitioner
Petitioner is a government-owned and controlled corporation entered into a compromise agreement before the filing of the
mandated by its charter, RA 1161, to provide financial benefits to Information in Criminal Case and that such "negated" any criminal
private sector employees
liability on respondent Martels' part.
SENCOR is covered by RA 1161, as amended by RA 8282, Section 22 Petitioner sought reconsideration but the DOJ denied its motion in the
of which requires employers to remit monthly contributions to Resolution of 20 September 2001.
petitioner representing the share of the employer and its employees.
Petitioner appealed to the Court of Appeals in a petition for certiorari
SSS: filed with Pasay City Prosecutor's office a complaint against and it affrmed the DOJ's rulings and dismissed petitioner's petition.
respondent for NON-PAYMENT of contributions (worth P6M January
1991 May 1997)
ISSUE:
MARTELS and 5 ACCUSED (SENCOR): offered to assign to SSS a parcel Whether or not the concept of novation serves to abate the
of land in Tagaytay for payment of their contributions
prosecution of respondent Martels for violation of Section 22 (a) and
(b) in relation to Section 28 (e) of RA 1161, as amended.
SSS: Accepted on the condition that respondent will settle their
obligation by way of dacion en pago or through cash settlement within HELD:
reasonable tme. SSS withdrew the complaint from the Prosecutors
NO, Novation, a civil law concept relating to the modification of
office which the latter accordinly dismissed.
obligations, takes place when the parties to an existing contract
RESPONDENT MARTEL: wrote to SSS that instead of the land, they will execute a new contract which either changes the object or
offer computer related services.
principal condition of the original contract, substitutes the
person of the debtor, or subrogates a third person in the
SSS: filed with the Pasay City Prosecutor's office another complaint for rights of the creditor. The effect is either to modify or
non-remittances of contribution (February 1991 to October 2000)
extinguish the original contract. In its extinctive form, the new
Pasay City Assistant Prosecutor Artemio Puti found probable cause to obligation replaces the original, extinguishing the obligor's obligations
indict respondent Martels for violation of Section 22 (a) and (b) in under the old contract.
relation to Section 28 (e) of RA 1161, as amended by RA 8282.
Prosecutor Puti rejected respondent Martels' claim of "negation" of
criminal liability by novation, holding that (1) SENCOR's criminal
liability was already "consummated" before respondent Martels
offered to pay SENCOR's liability and (2) the dacion en pago involving
the Tagaytay City property did not materialize.
The facts of this case negate the application of novation. In the first
The Pasay City Prosecutor's Office filed with the Regional Trial Court of place, there is, between SENCOR and petitioner, no original contract
Pasay City the corresponding Information against respondent Martels
that can be replaced by a new contract changing the object or
principal condition of the original contract, substituting the person of
Respondent Martels appealed to the DOJ.
the debtor, or subrogating a third person in the rights of the creditor.
14
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SSS CASES
The SSS, after due hearing rendered its resolution affirming the
administrators ruling declaring the petitioner legally liable for
the payment of death benefits to the deceased employees
legal heirs and not the System.
ISSUE:
WHETHER OR NOT PETITIONER IS LIABLE FOR THE DEATH
BENEFITS OF JUNGAY
RULING:
YES. The petitioners contentions lies in its failure to realize that it has
two distinct obligations under the Social Security Act. The obligation of
making a timely remittance of premiums under Section 22(a) and the
13. MACHUCA TILE CO. INC VS SOCIAL SECURITY SYSTEM
obligation of making a timely report of its employees' names and other
FACTS:
personal data, including the social security number assigned to each
employee, for coverage, under Section 24(a). (The damages as stated
The deceased, Eduardo Jungay, was a former employee of
in the law also covers death benefits)
the petitioner and as such, qualified for compulsory coverage in
December 1961. He died on June 1962, whereupon a claim for
15
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SSS CASES
ground that because of the respondents misrepresentation, they
suffered actual damages.
Respondent filed her Answer with Motion to dismiss claiming that she
was illegally dismissed and that AMECOS deliberately failed to deduct
and remit her SSS contributions.
MeTC dismissed the case. RTC likewise dismissed the case for lack of
merit. CA also dismissed the case and the petition for review is denied
due course.
ISSUE/S:
WON the case should be referred to the Social Security Commission
(SSC) - NO
HELD:
AMECOS eventually settled its obligation with SSS and the latter filed a
Motion to Withdraw Complaint which was approved.
AMECOS sent a demand letter to respondent and subsequently filed a
complaint for sum of money and damages against the latter on the
16
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