Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
I.
Year 2013
1. Because of the stress in caring for her four (4) growing children, Tammy
suffered a miscarriage late in her pregnancy and had to undergo an operation. In
the course of the operation, her obstetrician further discovered a suspiciouslooking mass that required the subsequent removal of her uterus (hysterectomy).
After surgery, her physician advised Tammy to be on full bed rest for six (6)
weeks. Meanwhile, the biopsy of the sample tissue taken from the mass in
Tammys uterus showed a beginning malignancy that required an immediate
series of chemotherapy once a week for four (4) weeks.
(a) What benefits can Tammy claim under existing social legislation?
Answer: Assuming she is employed, Tammy is entitled to a special
leave benefit of two months with full pay (Gynecological Leave) pursuant to
R.A. 9710 or the Magna Carta of Women. She can also claim Sickness
Leave benefit in accordance with the SSS Law.
(b) What can Roger, Tammys 2nd husband and the father of her two (2)
younger children, claim as benefits under the circumstances?
Answer: Under R.A. 8187 or the Paternity Leave Act of 1996, Roger
can claim paternity leave of seven (7) days with full pay if he is lawfully
married to Tammy and cohabiting with her at the time of the miscarriage.
II.
Year 2012
1. Jennifer, a receptionist at Company X, is covered by the SSS. She was
pregnant with her fourth child when she slipped in the bathroom of her home and
had a miscarriage. Meanwhile, Company X neglected to remit the required
contributions to the SSS. Jennifer claims maternity leave benefits and sickness
benefits. Which of these two may she claim?
a)
b)
c)
d)
None of them;
Either one of them;
Only maternity leave benefits;
Only sickness benefits.
legally married but the latter is with her parents, which is a few blocks
away from Hs house. Which of the following statements is the most
accurate?
a) Paternity leave shall be denied because it does not cover aborted
babies;
b) Paternity leave shall be denied because W is with her parents;
c) Maternity leave shall be denied because it does not cover aborted
babies;
d) Maternity leave shall be denied because grant of paternity leave bars
claim for maternity leave.
Answer: (b) Paternity leave shall be denied because W is with her
parents [RA 8187, Section 2]
`3. How many years of service is the underground mine employee required to
have rendered in order to be entitled to retirement benefits?
a)
b)
c)
d)
5;
10;
15;
20.
2010
1. A, single, has been an active member of the Social Security System for the
past 20 months. She became pregnant out of wedlock and on her 7 th month
of pregnancy, she was informed that she would have to deliver the baby
through caesarean section because of some complications. Can A claim
maternity benefits? If yes, how many days can she go on maternity leave? If
not, why is she not entitled?
Answer: Yes. The SSS Law does not discriminate based on the civil
status of a female member-employee. As long as said female employee
has paid at least three (3) monthly contributions in the twelve-month
period immediately preceding the semester of her childbirth, she can
avail of the maternity benefits under the law.
Since A gave birth through C-section, she is entitled to one hundred
percent (100%) of her average salary credit for seventy-eight (78) days,
provided she notifies her employer of her pregnancy and the probable
date of her childbirth, among others (See Section 14-A, RA No. 8282)
The same maternity benefits are ensured by Sec. 22 (b)(2) of the
Magna Carta of Women (RA No. 9710).
IV.
Year 2009
1. (a) State briefly the compulsory coverage of the Government Service
Insurance Act.
Answer: The following are compulsorily covered by the GSIS pursuant
to Sec. 3 of RA 8291.
a. All employees receiving compensation who have not reached the
compulsory retirement age, irrespective of employment status.
b. Members of the judiciary and constitutional commissions for life
insurance policy.
(b) Can a member of a cooperative be deemed an employee for purposes of
compulsory coverage under the Social Security Act? Explain.
Suggested answer:
independent union?
Year 2008
Tito Paciencioso is an employee of a foundry shop in Malabon, Metro
Manila. He is barely able to make ends meet with his salary of Php 4,000.00 a
month. One day, he asked his employer to stop deducting from his salary his
SSS monthly contribution, reasoning out that he is waiving his social security
coverage.
If you were Titos employer, would you grant his request? Why?
Suggested answer:
No. As Titos employer, I am bound by law to remit to SSS Titos
monthly contribution. The SSS Law covers any person natural, juridical,
domestic or foreign, carrying in the Philippines trade, business, industry,
undertaking or activity and uses the services of another under his order as
regards employment (Sec. 89[c]).
The compulsory coverage of employers and employees under the
SSS Law is actually a legal imposition on the employers and employees,
designed to provide social security to workingmen. Membership in SSS is
in compliance with a lawful exercise of the police power of the State, and
may not be waived by agreement of any party (Phil. Blooming Mills, Co.,
Inc. v. SSS, 17 SCRA 1077[1966]).
VI.
Year 2007
AB, single and living-in with CD (a married man), is pregnant with her fifth
child. She applied for maternity leave but her employer refused the application
because she is not married. Who is right? Decide.
Suggested answer:
AB is right. The Social Security Law, which administers the
Maternity Benefit Program does not require that the relationship between
the father and the mother of the child be legitimate.
The law is
compensating the female worker because of her maternal function and
resultant loss of compensation. The law is morality free.
VII.
Year 2006
2005
1. How are the portability provisions of Republic Act No. 7699 beneficial or
advantageous to SSS and GSIS members in terms of their creditable employment
services in the private sector or the government, as the case may be, for purposes of
death, disability or retirement? Please explain your answer briefly.
Suggested answer:
The portability provisions of Republic Act No. 7699 allows the transfer of
funds for the account and benefit of the worker who transfers from one system to
another.
This is advantageous to the SSS and GSIS members for purposes of death,
disability or retirement benefits. In the event the employees transfer from the
private sector to the public sector, or vice-versa, their creditable employment
services and contributions are carried over and transferred from one system to
the other.
2. Mans Weto had been an employee of Nopolt Assurance Company for the last
ten (10) years. His wife of six (6) years died last year. They had four (4) children. He
then fell in love with Jovy, his co-employee, and they got married.
In October this year, Wetos new wife is expected to give birth to her first child.
He has accordingly filed his application for paternity leave, conformably with the
provisions of the Paternity Leave Law which took effect in 1996. The HRD manager of
the assurance firm denied his application, on the ground that Weto had already used up
his entitlement under that law. Weto argued that he has a new wife who will be giving
birth for the first time, therefore, his entitlement to paternity leave benefits would begin
to run anew.
(a) Whose contention is correct, Weto or the HRD manager?
Suggested answer:
(a) The contention of Weto is correct. The law provides that every married
male is entitled to a paternity leave of seven (7) days for the first four (4)
deliveries of the legitimate spouse with whom he is cohabiting (Sec. 2, RA 8187).
Jovey is Wetos legitimate spouse with whom he is cohabiting. The fact that Jovy
is his second wife and that Weto had 4 children with his first wife is beside the
point. The important fact is that his is the first child of Jovy with Weto. The law
did not distinguish and we should not therefore distinguish.
The paternity leave was intended to enable the husband to effectively lend
support to his wife in her period of recovery and/or in the nursing of the newlyborn child (Sec. 3, RA 8187). To deny Weto this benefit would be to defeat the
rationale for the law.
d. Mr. Winkles invitation for such sexual favor will clearly result in an
intimidating, hostile or otherwise offensive working environment for
Carissa.
Carissa is correct in stating that there was no need for a prior referral of
her complaint to the Committee on Decorum and Discipline because nothing in
the law shall preclude the victim of sexual harassment from instituting a separate
and independent action for damages and other affirmative relief (Section 6, RA
No. 7877).
4. Odeck, a policeman, was on leave for a month. While resting in their house,
he heard two of his neighbors fighting with each other. Odeck rushed to the scene
intending to pacify the protagonists. However, he was shot to death by one of the
protagonists. Zhop, a housemaid, was Odecks surviving spouse whom he had
abandoned for another woman years back. When she learned of Odecks death, Zhop
filed a claim with the GSIS for death benefits. However, her claim was denied because
(i) when Odeck was killed, he was on leave; and (ii) she was not the dependent spouse
of Odeck when he died.
Resolve with reasons whether GSIS is correct in denying the claim.
Suggested answer:
The GSIS is not correct in denying the claim, because Odeck was on leave
when he was killed. The law only requires that the GSIS member was in the
service at the time of his death so that his beneficiaries may claim survivorship
benefits. Odeck was still in the service. He was just on leave. He intends to
report back to work after his leave.
IX.
2003
otherwise required a sexual favor from his employee whether the demand,
request or requirement for submission is accepted by the object of said act.
In the question, no such act was committed by the sole proprietor.
X.
2002
How many times may a male employee go on Paternity Leave? Can he avail
himself of this benefit, for example, 50 days after the first delivery by his wife?
Suggested answer:
A male employee may go on Paternity Leave up to four (4) children (Sec. 2,
RA 8187). On the question of whether or not he can avail himself of this benefit
50 days after the delivery of his wife, the answer is: Yes, he can because the
Rules Implementing Paternity Leave Act says that the availment should not be
later than 60 days after the date of delivery.
XI.
2000
1. Ms. Sara Mira is an unwed mother with three children from three different
fathers. In 1999, she became a member of the Social Security System. In August
2000, she suffered a miscarriage, also out of wedlock, and again by a different father.
Can Ms. Mira claim maternity benefits under the Social Security Act of 1997? Reason.
Suggested answer:
Yes, she can claim maternity benefit. Entitlement thereto is not dependent
on the claimants being legally married (Sec. 14-A, Social Security Act of 1997).
3. The Collective Bargaining Agreement of the Golden Corporation Inc. and the
Golden Corporation Workers Union provides a package of welfare benefits far superior
in comparison with those provided for in the Social Security Act of 1997. The welfare
plan of the company is funded solely by the employer with no contributions from the
employees. Admittedly, it is the best welfare plan in the Philippines. The company and
the union jointly filed a petition with the Social Security System for exemption from
coverage. Will the petition for exemption from coverage prosper? Reason.
Suggested answer:
No, because coverage under the SSS is compulsory where employeremployee relations exist. However, if the private plan is superior to that of the
SSS, the plan may be integrated with the SSS plan. Still, it is integration and not
exemption from SSS law. [Philippine Blooming Mills Co. Inc. v. SSS, 17 SCRA 107
(1966); RA No. 1161 as amended by RA No. 8282]
Pepay Palaypay (Pitoy Mordenos common-law wife for more than twenty years)
and Pitoy Mordeno Jr. (his only son) filed a claim for death benefits with the
Government Service Insurance System (GSIS), which was denied on the ground that
Pitoy Mordenos death did not arise out of and in the course of employment and
therefore not compensable because the accident occurred in his house and not in the
school premises. however, pitoy may avail the death benefit if he is dependent upon his father.
dependent means unmerried and by the age of minority. or evemn of legal age but incapacitated.
a. Is Pepay Palaypay entitled to file a claim for death benefits with the GSIS?
Why?
Suggested answer:
The beneficiaries of a member of the GSIS are entitled to the benefits
arising from the death of said member. Death benefits are called survivorship
benefits under the GSIS Law.
Not being a beneficiary, Pepay Palaypay is not entitled to receive
survivorship benefits. She is not a beneficiary because she is a common-law wife
and not a legal dependent spouse.
b. Is the cause of death of Pitoy Mordeno (cardiac arrest due to accidental
electrocution in his house) compensable? Why?
Suggested answer:
Yes. To be compensable under the GSIS Law, the death need not be work
connected.
XII.
1997
State the respective coverages of (a) the Social Security Law; (b) the Revised
Government Service Insurance Act and (c) the Employees Compensation Act.
Answer:
(a) Coverage of SSS (Sec. 9, RA 8282) shall be compulsory upon all
employees not over sixty years of age and their employers.
Filipinos recruited in the Philippines by foreign-based employers for
employment abroad may be covered by the SSS on a voluntary basis.
Coverage in the SSS shall also be compulsory upon all self-employed
persons earning P1,800 or more per annum.
(b) Membership in the Government Service Insurance System (Art. 3, RA
8291) shall be compulsory for all permanent employees below 60 years of age
upon appointment to permanent status, and for all elective officials for the
duration of their tenure.
Any person, whether elected or appointed, in the service of an employer is
a covered employee if he receives compensation for such service.
(c)Coverage in the State Insurance Fund (Art. 168, Labor Code) shall be
compulsory upon all employers and their employees not over sixty (60) years of
age; Provided, that an employee who is over 60 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.
The Employees Compensation Commission shall ensure adequate
coverage of Filipino employees employed abroad, subject to regulations as it may
prescribe. (Art. 170)
Any person compulsorily covered by the GSIS including the members of
the Armed Forces of the Philippines, and any person employed as casual,
emergency, temporary, substitute or contractual, or any person compulsorily
covered by the SSS are covered by the Employees Compensation Program.
XIII.
1996
Answer:
Considering that the disability of Reyes is work connected, the provisions
of the Labor Code dealing with employees compensation should determine her
right to benefits.
According to said provisions, if any employee under permanent partial
disability suffers another injury which results in a compensable disability greater
than the previous injury, the State Insurance Fund shall be liable for the income
benefit of the new disability even after her retirement. Was Reyes still an
employee for the purpose of applying the above provision of the Labor Code?
Liberally construing said provision, Reyes may be considered still as an
employee so that she could receive additional benefits for the progression of her
ailment.
XIV.
1994
XV.
1993
1992
1. Eduardo Serangco, an SSS member for 20 years, died on May 1, 1992. The
records of the SSS show that Serangco designated as his beneficiaries Marietta Uy,
wife; Gloria Seranco, daughter, born June 30, 1979; and Jose Serangco, son, born July
16, 1981. On May 10, 1992, the SSS granted Marietta Uy funeral benefits. On May 16,
1992, Josefa Costa filed a claim for death benefits alleging that she was married to the
late Eduardo Serangco on October 15, 1982 and depended upon him for support. She
attached to her claim, copy of a marriage contract duly certified and sealed by the civil
registrar of Pasig, Rizal. Marietta Uy opposed Josefa Costas claim, contending that
she her children, Gloria and Jose Serangco, are entitled to death benefits because they
were the primary beneficiaries designated by the deceased Serangco.
1991
1. What is the foundation of the agrarian reform program under the 1987
Constitution? Who are the direct beneficiaries of the program?
Answer:
The 1987 Constitution enunciates in Article II as one of the state policies
that the State shall promote comprehensive rural development and agrarian
reform.
In Article XII of the Constitution, in dealing with the national economy and
patrimony, it is also stated that the State shall promote industrialization and full
employment based on sound agricultural development and agrarian reform, xxx
Then in Article XIII of the Constitution, in dealing with social justice and
human rights, there is this provision, among others: The State shall, by law,
some of them, they may be granted ownership of other lands available for
distribution under the CARL, at the option of the beneficiaries.
Farmers already in place and those not accommodated in the distribution
of privately-owned lands will be given preferential rights in the distribution of
lands from the public domain.
2. Distinguish just compensation under the Comprehensive Agrarian Reform Law
of 1988 from just compensation under the Bill of Rights? How is it determined under the
former?
Answer:
In the Bill of Rights, it is provided that private property shall not be taken
for public use without just compensation.
In the provisions of the 1987 Constitution on agrarian reform, it is provided
that in the just distribution of all agricultural lands, the same shall be subject,
among others, to the payment of just compensation.
The concepts of just compensation in the Bill of Rights and in agrarian
reform are similar in the sense that in both situations, the person who is deprived
of his property should be given the fair and full equivalent value of the property
that is taken from him. In both situations, ultimately, it is the courts which may
determine ultimately just compensation.
Also, under the CARL, compensation could be in cash and in government
financial instruments like Land Bank of the Philippines bonds. At the option of
the landowner, the compensation may be in shares of stock in government owned
and controlled corporations, or in tax credits. The Comprehensive Agrarian
Reform Law provides that in determining just compensation, the cost of
acquisition of the land, the current value of like properties, its nature, actual use
of income, the sworn valuation by the owner, the tax declarations, and the
assessment made by government assessors shall be considered. The social and
economic benefits contributed by the farmers and the farmworkers and by the
Government to the property as well as the non-payment of taxes or loans secured
from any government financing institution on the said land shall be considered as
additional factors to determine its valuation.