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    2008 SSS Law Bar Questions

    Uploaded by

    John Paulo Say Petilla
    This document contains 3 hypothetical legal cases involving the Social Security System (SSS) in the Philippines. The first case involves an employee asking his employer to stop deducting his SSS contributions from his salary. The suggested answer is that the employer should not grant this request as payment of SSS is compulsory by law. The second case involves a wrongful death claim filed with SSS after a secretary was killed in a traffic accident on her way to work. The claim is suggested to prosper under the "Going-To-And-Coming-From-Rule". The third case involves a complaint filed with the Department of Labor and Employment regarding unpaid wages. The Regional Director's compliance order found the

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    2008 SSS Law Bar Questions

    Uploaded by

    John Paulo Say Petilla
    913 views2 pages
    This document contains 3 hypothetical legal cases involving the Social Security System (SSS) in the Philippines. The first case involves an employee asking his employer to stop deducting his SSS contributions from his salary. The suggested answer is that the employer should not grant this request as payment of SSS is compulsory by law. The second case involves a wrongful death claim filed with SSS after a secretary was killed in a traffic accident on her way to work. The claim is suggested to prosper under the "Going-To-And-Coming-From-Rule". The third case involves a complaint filed with the Department of Labor and Employment regarding unpaid wages. The Regional Director's compliance order found the

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    2008 Bar Questions with Suggested Answers

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    This document contains 3 hypothetical legal cases involving the Social Security System (SSS) in the Philippines. The first case involves an employee asking his employer to stop deducting his SSS contributions from his salary. The suggested answer is that the employer should not grant this request as payment of SSS is compulsory by law. The second case involves a wrongful death claim filed with SSS after a secretary was killed in a traffic accident on her way to work. The claim is suggested to prosper under the "Going-To-And-Coming-From-Rule". The third case involves a complaint filed with the Department of Labor and Employment regarding unpaid wages. The Regional Director's compliance order found the

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    913 views2 pages

    2008 SSS Law Bar Questions

    Uploaded by

    John Paulo Say Petilla
    This document contains 3 hypothetical legal cases involving the Social Security System (SSS) in the Philippines. The first case involves an employee asking his employer to stop deducting his SSS contributions from his salary. The suggested answer is that the employer should not grant this request as payment of SSS is compulsory by law. The second case involves a wrongful death claim filed with SSS after a secretary was killed in a traffic accident on her way to work. The claim is suggested to prosper under the "Going-To-And-Coming-From-Rule". The third case involves a complaint filed with the Department of Labor and Employment regarding unpaid wages. The Regional Director's compliance order found the

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    2008 SSS Law Bar Questions

    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 P4,000.00 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 Tito's employer, would
    you grant his request? Why? (6%)
    SUGGESTED ANSWER:
    No, payment of SSS monthly contribution is compulsory and cannot be waived. To grant
    Titos request will violate the SSS law and expose me to the risk of punishment of fine or
    imprisonment or both at the discretion of the Court (Sec. 9, Social Security Act, R.A.
    8282).

    Carol de la Cruz is the secretary of the proprietor of an auto dealership in quezon City.
    She resides in Caloocan City. Her office hours start at 8 a.m. and end at 5 p.m. On July
    30, 2008, at 7 a.m. while waiting for public transport at Rizal Avenue Extension as has
    been her routine, she was sideswiped by a speeding taxicab resulting in her death. The
    father of Carol filed a claim for employee's compensation with the Social Security
    System. Will the claim prosper? Why? (6%)
    SUGGESTED ANSWER:
    Yes, under the Going-To-And-ComingFrom-Rule, the injuries (or death, as in this
    case) sustained by an employee going to and coming from his place of work are
    compensable (Bael v. Workmens Compensation Commission, G.R. No. L-42255,
    January 31, 1977).

    Assume that in Problem 5, Mario, an RSC member disgusted with the non-payment of
    his night shift differential and overtime pay, filed a complaint with the DOLE Regional
    Office against RSC and PizCorp. After inspection, it was found that indeed Mario was
    not getting his correct differential and overtime pay and that he was declared an SSS
    member (so that no premiums for SSS membership were ever remitted). On this basis,
    the Regional Director issued a compliance order holding PizCorp and RSC solidarily
    liable for the payment of the correct differential and overtime pay and ordering PizCorp
    to report Mario for membership with SSS and remit overdue SSS premiums. Who has

    the obligation to report the RSC members for membership with the SSS, with the
    concomitant obligation to remit SSS premiums? Why? (6%)
    SUGGESTED ANSWER:
    Since RSC is a labor-Only contractor and, therefore, considered a mere agent of
    PizCorp. PizCorp, as the real employer, has the legal obligation to report the RSC
    members as its employees for membership with the SSS and remit its premium.

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