20170149072 SOCLEG

Former Undersecretary Atty. Josephus B. Jimenez

1. 1.1 YES, the employer is liable for the injuries and death the resulted in this case.

The Supreme Court had the opportunity to rule in the case of Iloilo Dock and
Engineering Co. vs Workmen’s Compensation Commission that the rule is that an injury
sustained while the employee goes to or comes from his place of work is not of
employment. However the exception to this rule is when the injury sustained by the
employee occurred whilst in the employee’s work premises, in close proximity there to
and while using a customary means of ingress and egress. The Court added that the
reason for extending the scope of the course of employment to off premises injuries is
that there is a causal connection between the work and the hazard.

In this case the employer is liable for the injuries and death sustained by his
employees because the assault happened in close proximity to the employee’s place of
work, the place where the employees sustained their respective injuries and/or death
also occurred in a place primarily used for ingress and egress to and from the place of
work.

1.2 The respective rights and benefits the employees involved are entitled to are the
following:

Employee A is entitled to death benefits under the employees compensation program

and a P 12,000.00 benefit as provided to under RA 8282. Under the law Death benefits
are granted to beneficiaries of an employee who dies as a result of sickness or injury
arising out of or in the course of employment In this case Employee A died during the
course of his employment.

Employee B is entitled to medical benefits and Loss of income benefit under temporary
total disability if he meets the conditions for this. Under the Employee’s compensation,
medical benefits include reimbursement of the cost of medicine for the illness or injury,
payment to providers of medical care, hospital care, surgical expenses and costs of
appliances and supplies. Since employee B sustained serious injuries, such requires
medical treatment; hence he is entitled to such benefit. For him to be a beneficiary of
Loss of income benefit, Temporary Total Disability, he must be not able to work for a
continuous period not exceeding 120 days
Employee C is entitled to permanent partial disability benefits. Under the employee’s
compensation program, permanent partial disability benefits is given to a worker who
losses a body part and consequently, the loss of the use of that body part. In this case
employee C’s arm was amputated.

Employee D can claim permanent partial disability under RA 8282 or the SSS law. Under
the SSS law he is entitled to a monthly pension for 6 months. He can also claim medical
benefits under Employees Compensation law, to reimburse his medical expenses. In this
case employee D has lost his forefinger. The forefinger is also the index finger

Employee E can claim permanent total disability benefits. Under SSS law, he is entitled
to a monthly pension. In this case, employee E succumbed to blindness. Under SSS law,
complete loss of sight of both eyes is deemed a permanent total disability.

1.3 If the claim is based on the employees Compensation program, the employee must
first file a claim with the SSS (Social Security System), if it is denied, an appeal then must
be made to the Employee’s Compensation Commission

However if the claim arises under the Social Security Act, such will be under the jurisdiction of
the Social Security Commission as provided for in rule III section 1 of the 2016 rules of procedure
of the Social Security Commision.

1.4 They are both entitled to SSS and Employees Compensation benefits because these systems
are operating separately. Contributions are separate; hence they must be entitled to both
benefits.

1.5. As provided for by the SSS LAW (RA 8282)

The following are the primary beneficiaries:

1. legitimate spouse living with the employee at the time of his/her death until he remarries;
and the

2. legitimate, legitimated, legally adopted or illegitimate children, who are unmarried, not
gainfully employed, not over 21 years of age, or over 21 years of age, provided that they are
incapacitated and incapable of self-support due to physical or mental defect which is
congenital or acquired during minority; provided further, that a dependent illegitimate child
shall only receive 100% of the benefit when there are no other dependent children who are
qualified and eligible for monthly income benefit; provided finally that a dependent
illegitimate child shall only receive 50% of the share of the legitimate, legitimated or legally
adopted child if such other beneficiaries exist(ECC Resolution No. 2799, July 25, 1984)
 The following are the secondary beneficiaries:

1. the dependent parents, in the absence of the primary beneficiaries;

2. any other person designated by the member as his/her secondary beneficiary, in the
absence of all the foregoing primary beneficiaries and dependent parents.
2. 2.1. As declared by the Supreme Court in the case of Calalang vs Williams, social justice is
"neither communism, nor despotism, nor atomism, nor anarchy," but the humanization of laws
and the equalization of social and economic forces by the State so that justice in its rational and
objectively secular conception may at least be approximated. Social justice means the
promotion of the welfare of all the people, the adoption by the Government of measures
calculated to insure economic stability of all the competent elements of society, through the
maintenance of a proper economic and social equilibrium in the interrelations of the members
of the community, constitutionally, through the adoption of measures legally justifiable, or
extra-constitutionally, through the exercise of powers underlying the existence of all
governments on the time-honored principle of salus populi est suprema lex.

This concept of social justice of balancing the equation between the rich and the poor has lead
to these above stated, so called social legislation. To help those who are the poorest of the poor
to elevate themselves in the society.

2.2 Social Justice is a centrist approach because it is the bridge between capitalism and
communism. Capitalism, an economic concept where every man who works hard will be
rewarded even more, although efficient, is brutal that creates social inequality. Communism on
the other hand, an economic concept where everything is owned publicly and everybody is
equal is good in theory. However lessons from the downfall of the Soviet Union, Cuba and most
recently, the oil reach Venezuela, has proven to make everyone equally poor. As economists
have pointed out, communism simply does not encourage innovation and development,
something that can only be seen in capitalist societies. This is the reason why the centrist
approach of social justice was created. Social Justice takes into account the benefits of the free
market, capitalist economy and the concept of a welfare state from communism, to create a
social net for those who are at the bottom of society.

2.4. The rights of labor, guaranteed by the State under the constitution are:

1. The state affirms labor as a primary social economic force, it shall protect the rights of
workers and promoter their welfare (article II section 8, 1987 constitution

2. Protection to labor (article XIII section 3, 1987 constitution)

3. Guarantee rights of all workers to self-organization, Collective Bargaining Agreement,

peaceful concerted action including strike (article XIII, section 3)

4. Workers are entitled to security of tenure, living wage, humane conditions of work,
participation in policy and decision making process

2.5 Lex Contractus means that the law of the parties shall be the provisions of their contract. As
means of social justice, the provisions of the contract must at the least be fair to both
parties and that it provides for the legal requirements of the law on relations.
3. 3.1 the state affords protection to labor against oppressive and exploitative employers by
providing them the right to organize, to collectively bargain for better pay and work conditions,
to strike. A provision in the labor code also provides that in case of doubt, the interpretation of
the law shall be in favor to labor.

3.1 the state affords full protection to labor against unions and their officials, by providing the
process of certification election in the labor code. This is to elect the proper union to represent
their rights in Collective Negotiations

3.3 The state affords full protection to labor against negligent and corrupt officials by giving
them the tight to file an action against such officials through anti graph and corruption laws.

3.4. the state affords full protection to labor tp unethical and neglectful lawyers by providing
them a full right in their attorney’s fees in cases where they win their case

3. the state affords full protection to labor against worker’s own ignorance by providing them
with free legal services
4.

For How Long Legal

4.1. 105 days RA No. 11210
4.2. Additional 15 days RA No. 11210
4.3. 8 days RA No 8972
4.4. 10 days Section 3 (a), RA No. 9262
4.5. 60 days Section 18 RA 9710
4.6. 5 days PD 442 Labor Code of the Philippines
4.7. 1 day PD 442
4.8. 54 days PD 442
4.9. 12 days RA 9492, Proclamation No. 845
4.10. 270 days for the whole year
5. 5.1 SSS law

Sec.2 or RA 8282 provides for the legislative intent of SSS law, it states that to establish,
develop, promote and perfect a sound and viable tax-exempt social security system suitable to
the needs of the people throughout the Philippines which shall promote social justice and
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. Towards this end, the State shall endeavor to extend social security
protection to workers and their beneficiaries.

The intended beneficiaries of the law are the self employed persons, employers in the private
sector, employees of the private sector, including kasambahays, seafarers, employees of foreign
governments, international organizations based in the Philippines, Filipino sea farers. (sec. 9 of
RA 8282)

The following are the benefits under RA 9282:

Sickness Benefit which is a daily cash allowance paid for the number of days a member is unable
to work due to sickness or injury.

Maternity Benefit which is a daily cash allowance granted to a female member who is unable to
work due to childbirth or miscarriage.

Disability Benefit which is a cash benefit granted – either as a monthly pension or a lump-sum
amount – to a member who becomes permanently disabled, either partially or totally.

Retirement Benefit which is a cash benefit granted – either as a monthly compensation or a

lump-sum amount – to a member who can no longer work due to old age.

Death which is a cash benefit granted – either as a monthly compensation or lump-sum amount
– to the beneficiaries of a deceased member

Funeral which is a funeral grant of P12,000 to whoever paid for the burial expenses of the
deceased member.

Salary Loan is a cash loan granted to an employed, currently – paying self-employed or

voluntary member. It is intended to meet the member’s short-term credit needs.

The obligations of the employee in the SSS law is payment of monthly contributions, while the
employer’s obligation is to remit the contributions to the SSS, keep employee records and
update the SSS of the whereabouts of employees, specifically when the employee is separated
from employment

5.2 Employee’s compensation

 The legislative intent of the employee’s compensation law is to provide for a safety net for all
employees who are to be injured or acquire illness by reason of or on the occasion of their
employment

The intended beneficiaries of the law are for all who are employed both in the public and
private sectors. The term public sector employees includes members of the Armed forces of the
Philippines, the Philippine National Police, the Bureau of Fire Protection, Bureau of Jail
Management and Penology, elective government officials who are receiving salary and ll casual,
emergency, temporary and substitute contractual employees.

The following are the benefits and under the Employee’s Compensation:

1. Loss of income benefit or a cash benefit given to a worker to compensate for lost of income
due to inability to work. There are three types of loss of income benefits:

a. Temporary Total Disability (TTD) benefit is given to an employee who is unable to

work for a continuous period not exceeding 120 days.

b. Permanent Total Disability (PTD) benefit is given to an employee who is unable to

work for more than 240

c. Permanent Partial Disability (PPD) benefit is given to a worker who losses a body part
and consequently, the loss of the use of that body part.

2. Medical benefits include reimbursement of the cost of medicine for the illness or injury,
payment to providers of medical care, hospital care, surgical expenses and the costs of
appliances and supplies. The medical services are limited to ward services of an accredited
hospital.

3. Rehabilitation Services include physical therapy, vocational training and special assistance to
develop the workers mental, vocational and social potential and to help them remain as
productive members of society.

4. Carer’s Allowance is provided to an employee who suffers a permanent total disabilty arising
out of employment the extent of which is such that he could not on his own attend to his basic
personal needs. 5. Death benefits are granted to beneficiaries of an employee who dies as a
result of sickness or injury arising out of or in the course of employment

The employer provides for the contributions of their respective employees.

5.3. Phil health law

The legislative intent of the law is for a system of health care for all Filipino citizens.

The law’s intended beneficiaries are all the Filipino Citizens.

The benefits under the law include consultation, and cash assistance to specific diseases.
 The employer’s obligation is to pay half of the contributions to Philhealth, reporting, and to
facilitate employee benefit Availment. The other half of the contribution is shouldered by the
employee. For house helpers, the employer pays for the contributions unless the house helper
earns more than 5,000 a month. As for person’s with disability, half is shouldered by the
government.

5.4 PAG-IBIG LAW

The legislative intent of the law as provided for in section3 thereof, is to achieve the following:

(a) To improve the quality of life of its citizens by providing them with sufficient shelter;

(b) To provide for an integrated nationwide provident savings system; and

(c) To provide housing through mobilization of funds for shelter finance.

The intended beneficiaries of the law are the employees of the private and public sector,
including the members of the Philippine National Police, Armed Forces of the Philippines,
Bureau of Jail Management and Bureau of Fire Protection

The benefits arising thereto are housing loans and the withdrawal of the total accumulated
value of contributions.

It is both the obligation of the employer and employee to pay for monthly contributions,
employer’s must keep an employment record and report the whereabouts of the employee. It is
also the obligation of the employer to remit monthly contributions.