BOOK FOUR and dentist may be engaged on retained basis, subject to

Health, Safety and Social Welfare Benefits such regulations as the Secretary of Labor and
TITLE I Employment may prescribe to insure immediate
Medical, Dental and Occupational Safety availability of medical and dental treatment and
CHAPTER I attendance in case of emergency.
Medical and Dental Services
ARTICLE 164. [158] When Emergency Hospital Not
ARTICLE 162. [156] First-Aid Treatment. — Every Required. — The requirement for an emergency hospital
employer shall keep in his establishment such first-aid or dental clinic shall not be applicable in case there is a
medicines and equipment as the nature and conditions hospital or dental clinic which is accessible from the
of work may require, in accordance with such regulations employer's establishment and he makes arrangement for
as the Department of Labor and Employment shall the reservation therein of the necessary beds and dental
prescribe. facilities for the use of his employees.

The employer shall take steps for the training of a ARTICLE 165. [159] Health Program. — The physician
sufficient number of employees in first-aid treatment. engaged by an employer shall, in addition to his duties
under this Chapter, develop and implement a
ARTICLE 163. [157] Emergency Medical and Dental comprehensive occupational health program for the
Services.— It shall be the duty of every employer to benefit of the employees of his employer.
furnish his employees in any locality with free medical
and dental attendance and facilities consisting of: ARTICLE 166. [160] Qualifications of Health Personnel. —
The physicians, dentists and nurses employed by
a. The services of a full-time registered nurse when the employers pursuant to this Chapter shall have the
number of employees exceeds fifty (50) but not more necessary training in industrial medicine and
than two hundred (200) except when the employer occupational safety and health. The Secretary of Labor
does not maintain hazardous workplaces, in which and Employment, in consultation with industrial,
case, the services of a graduate first-aider shall be medical, and occupational safety and health
provided for the protection of workers, where no associations, shall establish the qualifications, criteria
registered nurse is available. The Secretary of Labor and conditions of employment of such health personnel.
and Employment shall provide by appropriate
regulations the services that shall be required where ARTICLE 167. [161] Assistance of Employer. — It shall be
the number of employees does not exceed fifty (50) the duty of any employer to provide all the necessary
and shall determine by appropriate order, hazardous assistance to ensure the adequate and immediate
workplaces for purposes of this Article; medical and dental attendance and treatment to an
b. The services of a full-time registered nurse, a part- injured or sick employee in case of emergency.
time physician and dentist, and an emergency clinic,
when the number of employees exceeds two CHAPTER II
hundred (200) but not more than three hundred Occupational Health and Safety
(300); and
c. The services of a full-time physician, dentist and a ARTICLE 168. [162] Safety and Health Standards. — The
full-time registered nurse as well as a dental clinic Secretary of Labor and Employment shall, by appropriate
and an infirmary or emergency hospital with one bed orders, set and enforce mandatory occupational safety
capacity for every one hundred (100) employees and health standards to eliminate or reduce occupational
when the number of employees exceeds three safety and health hazards in all workplaces and institute
hundred (300). new, and update existing, programs to ensure safe and
healthful working conditions in all places of employment.
In cases of hazardous workplaces, no employer shall
engage the services of a physician or a dentist who ARTICLE 169. [163] Research. — It shall be the
cannot stay in the premises of the establishment for at responsibility of the Department of Labor and
least two (2) hours, in the case of those engaged on part- Employment to conduct continuing studies and research
time basis, and not less than eight (8) hours, in the case to develop innovative methods, techniques and
of those employed on full-time basis. Where the approaches for dealing with occupational safety and
undertaking is non-hazardous in nature, the physician health problems; to discover latent diseases by
establishing causal connections between diseases and a. "Code" means the Labor Code of the Philippines
work in environmental conditions; and to develop instituted under Presidential Decree Numbered Four
medical criteria which will assure insofar as practicable Hundred Forty-Two, as amended.
that no employee will suffer impairment or diminution in b. "Commission" means the Employees' Compensation
health, functional capacity, or life expectancy as a result Commission created under this Title.
of his work and working conditions. c. "SSS" means the Social Security System created
under Republic Act Numbered Eleven Hundred Sixty-
ARTICLE 170. [164] Training Programs. — The One, as amended.
Department of Labor and Employment shall develop and d. "GSIS" means the Government Service Insurance
implement training programs to increase the number System created under Commonwealth Act
and competence of personnel in the field of occupational Numbered One Hundred Eighty-Six, as amended.
safety and industrial health. e. "System" means the SSS or GSIS, as the case may be.
f. "Employer" means any person, natural or juridical,
ARTICLE 171. [165] Administration of Safety and Health employing the services of the employee
Laws. — g. "Employee" means any person compulsorily
a. The Department of Labor shall be solely responsible covered by the GSIS under Commonwealth Act
for the administration and enforcement of Numbered One Hundred Eighty-Six, as amended,
occupational safety and health laws, regulations and including the members of the Armed Forces of the
standards in all establishments and workplaces Philippines, and any person employed as casual,
wherever they may be located; however, chartered emergency, temporary, substitute or contractual, or
cities may be allowed to conduct industrial safety any person compulsorily covered by the SSS under
inspections of establishments within their respective Republic Act Numbered Eleven Hundred Sixty-One,
jurisdictions where they have adequate facilities and as amended.
competent personnel for the purpose as determined h. “Person" means any individual, partnership, firm,
by the Department of Labor and subject to national association, trust, corporation or legal
standards established by the latter. representative thereof.
b. The Secretary of Labor may, through appropriate i. "Dependents" means the legitimate, legitimated,
regulations, collect reasonable fees for the legally adopted or acknowledged natural child who is
inspection of steam boilers, pressure vessels and unmarried, not gainfully employed, and not over
pipings and electrical installations, the test and twenty-one years of age or over twenty-one years of
approval for safe use of materials, equipment and age provided he is incapable of self-support due to a
other safety devices and the approval of plans for physical or mental defect which is congenital or
such materials, equipment and devices. The fee so acquired during minority; the legitimate spouse
collected shall be deposited in the national treasury living with the employee; and the parents of said
to the credit of the occupational safety and health employee wholly dependent upon him for regular
fund and shall be expended exclusively for the support.
administration and enforcement of safety and other j. "Beneficiaries" means the dependent spouse until
labor laws administered by the Department of Labor. he/she remarries and dependent children, who are
the primary beneficiaries. In their absence, the
TITLE II dependent parents and subject to the restrictions
Employees Compensation and State Insurance Fund imposed on dependent children, the illegitimate
CHAPTER I children and legitimate descendants, who are the
Policy and Definitions secondary beneficiaries: Provided, That the
dependent acknowledged natural child shall be
ARTICLE 172. [166] Policy. — The State shall promote and considered as a primary beneficiary when there are
develop a tax-exempt employees' compensation no other dependent children who are qualified and
program whereby employees and their dependents, in eligible for monthly income benefit.
the event of work-connected disability or death, may k. "Injury" means any harmful change in the human
promptly secure adequate income benefit and medical organism from any accident arising out of and in the
related benefits. course of the employment.
l. "Sickness" means any illness definitely accepted as
ARTICLE 173. [167] Definition of Terms.— As used in this an occupational disease listed by the Commission, or
Title, unless the context indicates otherwise: any illness caused by employment subject to proof
 that the risk of contracting the same is increased by number of calendar months of coverage in the same
working conditions. For this purpose, the period.
Commission is empowered to determine and z. "Average daily salary credit" in the case of the SSS
approve occupational diseases and work-related means the result obtained by dividing the sum of the
illnesses that may be considered compensable based six (6) highest monthly salary credits in the twelve-
on peculiar hazards of employment. month period immediately preceding the semester
m. "Death" means loss of life resulting from injury or of sickness or injury by one hundred eighty (180),
sickness. except where the month of injury falls within twelve
n. "Disability" means loss or impairment of a physical or (12) calendar months from the first month of
mental function resulting from injury or sickness. coverage, in which case it is the result obtained by
o. "Compensation" means all payments made under dividing the sum of all monthly salary credits by thirty
this Title for income benefits and medical or related (30) times the number of calendar months of
benefits. coverage in the period.
p. "Income benefit" means all payments made under
this Title to the employee or his dependents. In the case of the GSIS, the average daily salary credit
q. "Medical benefit" means all payments made under shall be the actual daily salary or wage, or the
this Title to the providers of medical care, monthly salary or wage divided by the actual number
rehabilitation services and hospital care. of working days of the month of contingency.
r. "Related benefit" means all payments made under
this Title for appliances and supplies. aa. "Quarter" means a period of three (3) consecutive
s. "Appliances" means crutches, artificial aids and months ending on the last days of March, June,
other similar devices. September and December.
t. "Supplies" means medicine and other medical, bb. "Semester" means a period of two consecutive
dental or surgical items. quarters ending in the quarter of death, permanent
u. "Hospital" means any medical facility, government or disability, injury or sickness.
private, authorized by law, an active member in good cc. "Replacement ratio" the sum of twenty percent and
standing of the Philippine Hospital Association and the quotient obtained by dividing three hundred by
accredited by the Commission. the sum of three hundred forty and the average
v. "Physician" means any doctor of medicine duly monthly salary credit.
licensed to practice in the Philippines, an active dd. "Credited years of service" for a member covered
member in good standing of the Philippine Medical prior to January, 1975, nineteen hundred seventy-
Association and accredited by the Commission. five minus the calendar year of coverage, plus the
w. "Wages" or "Salary" insofar as they refer to the number of calendar years in which six or more
computation of benefits, means the monthly contributions have been paid from January, 1975 up
remuneration as defined in Republic Act No. 1161, as to the calendar year containing the semester prior to
amended, for SSS and Presidential Decree No. 1146, the contingency. For a member covered on or after
as amended, for GSIS, respectively, except that part January, 1975, the number of calendar years in which
in excess of Three Thousand Pesos. six or more contributions have been paid from the
x. "Monthly salary credit" means the wage or salary year of coverage up to the calendar year containing
base for contributions as provided in Republic Act the semester prior to the contingency.
Numbered Eleven hundred sixty-one, as amended, ee. "Monthly income benefit" means the amount
or the wages or salary. equivalent to one hundred fifteen percent of the sum
y. "Average monthly salary credit" in the case of the SSS of:
means the result obtained by dividing the sum of the
monthly salary credits in the sixty-month period The average monthly salary credit multiplied by the
immediately preceding the semester of death or replacement ratio; and
permanent disability by sixty (60), except where the
month of death or permanent disability falls within One and a half percent of the average monthly salary
eighteen (18) calendar months from the month of credit for each credited year of service in excess of ten
coverage, in which case it is the result obtained by years;
dividing the sum of all monthly salary credits paid
prior to the month of the contingency by the total Provided, That the monthly income benefit shall in no
case be less than Two Hundred Fifty Pesos (P250.00).
 party, the disabled employee or the dependents, in
CHAPTER II case of his death, shall be paid by the System under
Coverage and Liability this Title. In case benefit is paid under this Title, the
System shall be subrogated to the rights of the
ARTICLE 174. [168] Compulsory Coverage.— Coverage in disabled employee or the dependents, in case of his
the State Insurance Fund shall be compulsory upon all death, in accordance with the general law.
employers and their employees not over sixty (60) years b. Where the System recovers from such third party
of age; Provided, That an employee who is over sixty (60) damages in excess of those paid or allowed under
years of age and paying contributions to qualify for the this Title, such excess shall be delivered to the
retirement or life insurance benefit administered by the disabled employee or other persons entitled thereto,
System shall be subject to compulsory coverage. after deducting the cost of proceedings and
expenses of the System.
ARTICLE 175. [169] Foreign Employment. — The
Commission shall ensure adequate coverage of Filipino ARTICLE 181. [175] Deprivation of the Benefits. — Except
employees employed abroad, subject to regulations as it as otherwise provided under this Title, no contract,
may prescribe. regulation or device whatsoever shall operate to deprive
the employee or his dependents of any part of the
ARTICLE 176. [170] Effective Date of Coverage. — income benefits and medical or related services granted
Compulsory coverage of the employer during the under this Title. Existing medical services being provided
effectivity of this Title shall take effect on the first day of by the employer shall be maintained and continued to be
his operation, and that of the employee, on the date of enjoyed by their employees.
his employment.
CHAPTER III
ARTICLE 177. [171] Registration. — Each employer and Administration
his employees shall register with the System in
accordance with its regulations. ARTICLE 182. [176] Employees' Compensation
Commission. —
ARTICLE 178. [172] Limitation of Liability. — The State a. To initiate, rationalize, and coordinate the policies of
Insurance Fund shall be liable for compensation to the the employees' compensation program, the
employee or his dependents, except when the disability Employees' Compensation Commission is hereby
or death was occasioned by the employee's intoxication, created to be composed of five ex-officio members,
willful intention to injure or kill himself or another, namely: the Secretary of Labor and Employment as
notorious negligence, or otherwise provided under this Chairman, the GSIS General Manager, the SSS
Title. Administrator, the Chairman of the Philippine
ARTICLE 179. [173] Extent of Liability.— Unless Medical Care Commission, and the Executive
otherwise provided, the liability of the State Insurance Director of the ECC Secretariat, and two appointive
Fund under this Title shall be exclusive and in place of all members, one of whom shall represent the
other liabilities of the employer to the employee, his employees and the other, the employers, to be
dependents or anyone otherwise entitled to receive appointed by the President of the Philippines for a
damages on behalf of the employee or his dependents. term of six years. The appointive member shall have
The payment of compensation under this Title shall not at least five years' experience in workmen's
bar the recovery of benefits as provided for in Section compensation or social security programs. All
699 of the Revised Administrative Code, Republic Act vacancies shall be filled for the unexpired term only.
Numbered Eleven Hundred Sixty-One, as amended, b. The Vice Chairman of the Commission shall be
Republic Act Numbered Six Hundred Ten, as amended, alternated each year between the GSIS General
Republic Act Numbered Forty-Eight Hundred Sixty-Four, Manager and the SSS Administrator. The presence of
as amended, and other laws whose benefits are four members shall constitute a quorum. Each
administered by the System or by other agencies of the member shall receive a per diem of two hundred
government. pesos for every meeting that is actually attended by
him, exclusive of actual, ordinary and necessary
ARTICLE 180. [174] Liability of Third Parties.— travel and representation expenses. In his absence,
a. When the disability or death is caused by any member may designate an official of the
circumstances creating a legal liability against a third
 institution he serves on full-time basis as his duly approved by the Ministry of Budget and
representative to act in his behalf. Management;
c. The general conduct of the operations and h. To have the power to administer oath and
management functions of the GSIS or SSS under this affirmation, and to issue subpoena and subpoena
Title shall be vested in its respective chief executive duces tecum in connection with any question or
officers, who shall be immediately responsible for issue arising from appealed cases under this Title;
carrying out the policies of the Commission. i. To sue and be sued in court;
d. The Commission shall have the status and category j. To acquire property, real or personal, which may be
of a government corporation, and it is hereby necessary or expedient for the attainment of the
deemed attached to the Department of Labor for purposes of this Title;
policy coordination and guidance. k. To enter into agreements or contracts for such
services and as may be needed for the proper,
ARTICLE 183. [177] Powers and Duties.— The efficient and stable administration of the program;
Commission shall have the following powers and duties: l. To perform such other acts as it may deem
a. To assess and fix a rate of contribution from all appropriate for the attainment of the purposes of
employers; the Commission and proper enforcement of the
b. To determine the rate of contribution payable by an provisions of this Title.
employer whose records show a high frequency of
work accidents or occupational diseases due to ARTICLE 184. [178] Management of Funds. — All
failure by the said employer to observe adequate revenues collected by the System under this Title shall be
safety measures; deposited, invested, administered and disbursed in the
c. To approve rules and regulations governing the same manner and under the same conditions,
processing of claims and the settlement of disputes requirements and safeguards as provided by Republic
arising therefrom as prescribed by the System; Act Numbered Eleven Hundred Sixty-One, as amended,
d. To initiate policies and programs toward adequate with regard to such other funds as are thereunder being
occupational health and safety and accident paid to or collected by the SSS and GSIS, respectively:
prevention in the working environment, Provided, That the Commission, SSS and GSIS may
rehabilitation other than those provided for under disburse each year not more than twelve percent of the
Article 190 hereof, 136 and other related programs contribution and investment earnings collected for
and activities, and to appropriate funds therefor; operational expenses, including occupational health and
e. To make the necessary actuarial studies and safety programs, incidental to the carrying out of this
calculations concerning the grant of constant help Title.
and income benefits for permanent disability or
death and the rationalization of the benefits for ARTICLE 185. [179] Investment of Funds.— Provisions of
permanent disability and death under the Title with existing laws to the contrary notwithstanding, all
benefits payable by the System for similar revenues as are not needed to meet current operational
contingencies: Provided, That the Commission may expenses under this Title shall be accumulated in a fund
upgrade benefits and add new ones subject to to be known as the State Insurance Fund, which shall be
approval of the President; and Provided, further, used exclusively for payment of the benefits under this
That the actuarial stability of the State Insurance Title, and no amount thereof shall be used for any other
Fund shall be guaranteed; Provided, finally, That purpose. All amounts accruing to the State Insurance
such increases in benefits shall not require any Fund, which is hereby established in the SSS and GSIS,
increases in contribution, except as provided for in respectively, shall be deposited with any authorized
paragraph (b) hereof; depository bank approved by the Commission, or
f. To appoint the personnel of its staff, subject to civil invested with due and prudent regard for the liquidity
service law and rules, but exempt from WAPCO law needs of the System.
and regulations;
g. To adopt annually a budget of expenditures of the ARTICLE 186. [180] Settlement of Claims. — The System
Commission and its staff chargeable against the State shall have original and exclusive jurisdiction to settle any
Insurance Fund: Provided, That the SSS and GSIS shall dispute arising from this Title with respect to coverage,
advance on a quarterly basis the remittances of entitlement to benefits, collection and payment of
allotment of the loading fund for the Commission's contributions and penalties thereon, or any other matter
operational expenses based on its annual budget as related thereto, subject to appeal to the Commission,
which shall decide appealed cases within twenty (20) from that employment shall cease at the end of the
working days from the submission of the evidence. month of contingency and during such months that
he is not receiving wages or salary.
ARTICLE 187. [181] Review. — Decisions, orders or
resolutions of the Commission may be reviewed on ARTICLE 190. [184] Government Guarantee. — The
certiorari by the Supreme Court on question of law upon Republic of the Philippines guarantees the benefits
petition of an aggrieved party within ten (10) days from prescribed under this Title, and accepts general
notice thereof. responsibility for the solvency of the State Insurance
Fund. In case of any deficiency, the same shall be covered
ARTICLE 188. [182] Enforcement of Decisions. — by supplemental appropriations from the national
a. Any decision, order or resolution of the Commission government.
shall become final and executory if no appeal is taken CHAPTER V
therefrom within ten (10) days from notice thereof. Medical Benefits
All awards granted by the Commission in cases
appealed from decisions of the System shall be ARTICLE 191. [185] Medical Services. — Immediately
effected within fifteen days from receipt of notice. after an employee contracts sickness or sustains an
b. In all other cases, decisions, orders and resolutions injury, he shall be provided by the System during the
of the Commission which have become final and subsequent period of his disability with such medical
executory shall be enforced and executed in the services and appliances as the nature of his sickness or
same manner as decisions of the Court of First injury and progress of his recovery may require, subject
Instance, and the Commission shall have the power to the expense limitation prescribed by the Commission.
to issue to the city or provincial sheriff or to the
sheriff whom it may appoint, such writs of execution ARTICLE 192. [186] Liability. — The System shall have the
as may be necessary for the enforcement of such authority to choose or order a change of physician,
decisions, orders or resolutions, and any person who hospital or rehabilitation facility for the employee, and
shall fail or refuse to comply therewith shall, upon shall not be liable for compensation for any aggravation
application by the Commission, be punished by the of the employee's injury or sickness resulting from
proper court for contempt. unauthorized changes by the employee of medical
services, appliances, supplies, hospitals, rehabilitation
CHAPTER IV facilities or physicians.
Contributions
ARTICLE 193. [187] Attending Physician. — Any physician
ARTICLE 189. [183] Employers' Contributions. — attending an injured or sick employee shall comply with
a. Under such regulations as the System may prescribe, all the regulations of the System and submit reports in
beginning as of the last day of the month when an prescribed forms at such time as may be required
employee's compulsory coverage takes effect and concerning his condition or treatment. All medical
every month thereafter during his employment, his information relevant to the particular injury or sickness
employer shall prepare to remit to the System a shall, on demand, be made available to the employee or
contribution equivalent to one (1) percent of his the System. No information developed in connection
monthly salary credit. with treatment or examination for which compensation
b. The rate of contribution shall be reviewed is sought shall be considered as privileged
periodically and, subject to the limitations herein communication.
provided, may be revised as the experience in risk,
cost of administration, and actual or anticipated as ARTICLE 194. [188] Refusal of Examination or Treatment.
well as unexpected losses, may require. — If the employee unreasonably refuses to submit to
c. Contributions under this Title shall be paid in their medical examination or treatment, the System shall stop
entirety by the employer and any contract or device the payment of further compensation during such time
for the deduction of any portion thereof from the as such refusal continues. What constitutes an
wages or salaries of the employees shall be null and unreasonable refusal shall be determined by the System
void. which may, on its own initiative, determine the necessity,
d. When a covered employee dies, becomes disabled or character and sufficiency of any medical services
is separated from employment, his employer's furnished or to be furnished.
obligation to pay the monthly contribution arising
ARTICLE 195. [189] Fees and Other Charges.— All fees his permanent total disability shall, for each month
and other charges for hospital services, medical care and until his death, be paid by the System during such a
appliances, including professional fees, shall not be disability, an amount equivalent to the monthly
higher than those prevailing in wards of hospitals for income benefit, plus ten percent thereof for each
similar services to injured or sick persons in general and dependent child, but not exceeding five, beginning
shall be subject to the regulations of the Commission. with the youngest and without substitution:
Professional fees shall only be appreciably higher than Provided, That the monthly income benefit shall be
those prescribed under Republic Act Numbered Sixty- the new amount of the monthly benefit for all
One Hundred Eleven, as amended, otherwise known as covered pensioners, effective upon approval of this
the Philippine Medical Care Act of 1969. Decree.
b. The monthly income benefit shall be guaranteed for
ARTICLE 196. [190] Rehabilitation Services. — five years, and shall be suspended if the employee is
a. The System shall, as soon as practicable, establish a gainfully employed, or recovers from his permanent
continuing program, for the rehabilitation of injured total disability, or fails to present himself for
and handicapped employees who shall be entitled to examination at least once a year upon notice by the
rehabilitation services, which shall consist of System, except as otherwise provided for in other
medical, surgical or hospital treatment, including laws, decrees, orders or Letters of Instructions.
appliances if they have been handicapped by the c. The following disabilities shall be deemed total and
injury, to help them become physically independent. permanent:
b. As soon as practicable, the System shall establish 1. Temporary total disability lasting continuously
centers equipped and staffed to provide a balanced for more than one hundred twenty days, except
program of remedial treatment, vocational as otherwise provided for in the Rules;
assessment and preparation designed to meet the 2. Complete loss of sight of both eyes;
individual needs of each handicapped employee to 3. Loss of two limbs at or above the ankle or wrist;
restore him to suitable employment, including 4. Permanent complete paralysis of two limbs;
assistance as may be within its resources, to help 5. Brain injury resulting in incurable imbecility or
each rehabilitee to develop his mental, vocational or insanity; and
social potential. 6. Such cases as determined by the Medical
Director of the System and approved by the
CHAPTER VI Commission.
Disability Benefits d. The number of months of paid coverage shall be
defined and approximated by a formula to be
ARTICLE 197. [191] Temporary Total Disability.— approved by the Commission.
a. Under such regulations as the Commission may
approve, any employee under this Title who sustains ARTICLE 199. [193] Permanent Partial Disability.—
an injury or contracts sickness resulting in temporary a. Under such regulations as the Commission may
total disability shall, for each day of such a disability approve, any employee under this Title who
or fraction thereof, be paid by the System an income contracts sickness or sustains an injury resulting in
benefit equivalent to ninety percent of his average permanent partial disability shall, for each month not
daily salary credit, subject to the following exceeding the period designated herein, be paid by
conditions: the daily income benefit shall not be less the System during such a disability an income benefit
than Ten Pesos nor more than Ninety Pesos, 143 nor for permanent total disability.
paid for a continuous period longer than one b. The benefit shall be paid for not more than the
hundred twenty days, except as otherwise provided period designated in the following schedules:
for in the Rules, and the System shall be notified of
the injury or sickness. Complete and permanent loss of Number of months
b. The payment of such income benefit shall be in One thumb 10
accordance with the regulations of the Commission. One index finger 8
One middle finger 6
ARTICLE 198. [192] Permanent Total Disability.— One ring finger 5
a. Under such regulations as the Commission may One little finger 3
approve, any employee under this Title who One big toe 6
contracts sickness or sustains an injury resulting in One toe 3
 One arm 50 for each dependent child, but not exceeding five,
One hand 39 beginning with the youngest and without
One foot 31 substitution, except as provided for in paragraph (j)
One leg 46 of Article 167 149 hereof: Provided, however, That
One ear 10 the monthly income benefit shall be guaranteed for
Both ears 20 five years: Provided, further, That if he has no
Hearing of one ear 10 primary beneficiary, the System shall pay to his
Hearing of both ears 50
secondary beneficiaries the monthly income benefit
Sight of one eye 25
but not to exceed sixty months: Provided, finally,
That the minimum death benefit shall not be less
c. A loss of a wrist shall be considered as a loss of the
than fifteen thousand pesos.
hand, and a loss of an elbow shall be considered as a
b. Under such regulations as the Commission may
loss of the arm. A loss of an ankle shall be considered
approve, the System shall pay to the primary
as loss of a foot, and a loss of a knee shall be
beneficiaries upon the death of a covered employee
considered as a loss of the leg. A loss of more than
who is under permanent total disability under this
one joint shall be considered as a loss of one-half of
Title, eighty percent of the monthly income benefit
the whole finger or toe: Provided, That such a loss
and his dependents to the dependents' pension:
shall be either the functional loss of the use or
Provided, That the marriage must have been validly
physical loss of the member.
subsisting at the time of disability: Provided, further,
d. In case of permanent partial disability less than the
That if he has no primary beneficiary, the System
total loss of the member specified in the preceding
shall pay to his secondary beneficiaries the monthly
paragraph, the same monthly income benefit shall
pension excluding the dependents' pension, of the
be paid for a portion of the period established for the
remaining balance of the five-year guaranteed
total loss of the member in accordance with the
period: Provided, finally, That the minimum death
proportion that the partial loss bears to the total
benefit shall not be less than fifteen thousand pesos.
loss. If the result is a decimal fraction, the same shall
c. The monthly income benefit provided herein shall be
be rounded off to the next higher integer.
the new amount of the monthly income benefit for
e. In cases of simultaneous loss of more than one
the surviving beneficiaries upon the approval of this
member or a part thereof as specified in this Article,
decree.
the same monthly income benefit shall be paid for a
d. Funeral benefit. — A funeral benefit of Three
period equivalent to the sum of the periods
Thousand Pesos (P3,000.00) shall be paid upon the
established for the loss of the member or the part
death of a covered employee or permanently totally
thereof. If the result is a decimal fraction, the same
disabled pensioner.
shall be rounded off to the next higher integer.
f. In cases of injuries or illnesses resulting in a
CHAPTER VIII
permanent partial disability not listed in the
Provisions Common to Income Benefits
preceding schedule, the benefit shall be an income
benefit equivalent to the percentage of the
ARTICLE 201. [195] Relationship and Dependency. — All
permanent loss of the capacity to work.
questions of relationship and dependency shall be
g. Under such regulations as the Commission may
determined as of the time of death.
approve, the income benefit payable in case of
permanent partial disability may be paid in monthly
ARTICLE 202. [196] Delinquent Contributions. —
pension or in lump sum if the period covered does
a. An employer who is delinquent in his contributions
not exceed one year.
shall be liable to the System for the benefits which
may have been paid by the System to his employees
CHAPTER VII
or their dependents, and any benefit and expenses
Death Benefits
to which such employer is liable shall constitute a lien
on all his property, real or personal, which is hereby
ARTICLE 200. [194] Death. —
declared to be preferred to any credit, except taxes.
a. Under such regulations as the Commission may
The payment by the employer of the lump sum
approve, the System shall pay to the primary
equivalent of such liability shall absolve him from the
beneficiaries upon the death of the covered
payment of the delinquent contribution and penalty
employee under this Title, an amount equivalent to
thereon with respect to the employee concerned.
his monthly income benefit, plus ten percent thereof
b. Failure or refusal of the employer to pay or remit the a. If the System in good faith pays income benefit to a
contribution herein prescribed shall not prejudice dependent who is inferior in right to another
the right of the employee or his dependents to the dependent or with whom another dependent is
benefits under this Title. If the sickness, injury, entitled to share, such payments shall discharge the
disability or death occurs before the System receives System from liability, unless and until such other
any report of the name of his employee, the dependent notifies the System of his claim prior to
employer shall be liable to the System for the lump the payments.
sum equivalent to the benefits to which such b. In case of doubt as to the respective rights of rival
employee or his dependents may be entitled. claimants, the System is hereby empowered to
determine as to whom payments should be made in
ARTICLE 203. [197] Second Injuries. — If any employee accordance with such regulations as the Commission
under permanent partial disability suffers another injury may approve. If the money is payable to a minor or
which results in a compensable disability greater than incompetent, payment shall be made by the System
the previous injury, the State Insurance Fund shall be to such person or persons as it may consider to be
liable for the income benefit of the new disability: best qualified to take care and dispose of the minor's
Provided, That if the new disability is related to the or incompetent's property for his benefit.
previous disability, the System shall be liable only for the
difference in income benefits. ARTICLE 209. [203] Prohibition. — No agent, attorney or
other person pursuing or in charge of the preparation or
ARTICLE 204. [198] Assignment of Benefits. — No claim filing of any claim for benefit under this Title shall
for compensation under this Title is transferable or liable demand or charge for his services any fee, and any
to tax, attachment, garnishment, levy or seizure by or stipulation to the contrary shall be null and void. The
under any legal process whatsoever, either before or retention or deduction of any amount from any benefit
after receipt by the person or persons entitled thereto, granted under this Title for the payment of fees for such
except to pay any debt of the employee to the System. services is prohibited. Violation of any provision of this
ARTICLE 205. [199] Earned Benefits. — Income benefits Article shall be punished by a fine of not less than Five
shall, with respect to any period of disability, be payable Hundred Pesos nor more than Five Thousand Pesos, or
in accordance with this Title to an employee who is imprisonment for not less than six months nor more than
entitled to receive wages, salaries or allowances for one year, or both, at the discretion of the court.
holidays, vacation or sick leaves and any other award of
benefit under a collective bargaining or other ARTICLE 210. [204] Exemption from Levy, Tax, etc. — All
agreement. laws to the contrary notwithstanding, the State
ARTICLE 206. [200] Safety Devices. — In case the Insurance Fund and all its assets shall be exempt from
employee's injury or death was due to the failure of the any tax, fee, charge, levy, or customs or import duty and
employer to comply with any law or to install and no law hereafter enacted shall apply to the State
maintain safety devices or to take other precautions for Insurance Fund unless it is provided therein that the
the prevention of injury, said employer shall pay the same is applicable by expressly stating its name.
State Insurance Fund a penalty of twenty-five percent
(25%) of the lump sum equivalent of the income benefit CHAPTER IX
payable by the System to the employee. All employers, Records, Reports and Penal Provisions
especially those who should have been paying a rate of
contribution higher than required of them under this ARTICLE 211. [205] Record of Death or Disability. —
Title, are enjoined to undertake and strengthen a. All employers shall keep a logbook to record
measures for the occupational health and safety of their chronologically the sickness, injury or death of their
employees. employees, setting forth therein their names, dates
and places of the contingency, nature of the
ARTICLE 207. [201] Prescriptive Period.— No claim for contingency and absences. Entries in the logbook
compensation shall be given due course unless said claim shall be made within five days from notice or
is filed with the System within three (3) years from the knowledge of the occurrence of the contingency.
time the cause of action accrued. Within five days after entry in the logbook, the
employer shall report to the System only those
ARTICLE 208. [202] Erroneous Payment. — contingencies he deems to be work-connected.
b. All entries in the employer's logbook shall be made
by the employer or any of his authorized officials
after verification of the contingencies or the
employees' absences for a period of a day or more.
Upon request by the System, the employer shall
furnish the necessary certificate regarding
information about any contingency appearing in the
logbook, citing the entry number, page number and
date. Such logbook shall be made available for
inspection to the duly authorized representatives of
the System.
c. Should any employer fail to record in the logbook an
actual sickness, injury or death of any of his
employees within the period prescribed herein, give
false information or withhold material information
already in his possession, he shall be held liable for
fifty percent of the lump sum equivalent of the
income benefit to which the employee may be found
to be entitled, the payment of which shall accrue to
the State Insurance Fund.
d. In case of payment of benefits for any claim which is
later determined to be fraudulent and the employer
is found to be a party to the fraud, such employer
shall reimburse the System the full amount of the
compensation paid.

ARTICLE 212. [206] Notice of Sickness, Injury or Death.—

Notice of sickness, injury or death shall be given to the
employer by the employee or by his dependents or
anybody on his behalf within five days from the
occurrence of the contingency. No notice to the
employer shall be required if the contingency is known
to the employer or his agents or representatives.

ARTICLE 213. [207] Penal Provisions. —

a. The penal provisions of Republic Act Numbered
Eleven Hundred Sixty-One, as amended, and
Commonwealth Act Numbered One Hundred Eighty-
Six, as amended, with regard to the funds as are
thereunder being paid to, collected or disbursed by
the System, shall be applicable to the collection,
administration and disbursement of the Funds under
this Title. The penal provisions on coverage shall also
be applicable.
b. Any person who, for the purpose of securing
entitlement to any benefit or payment under this
Title, or the issuance of any certificate or document
for any purpose connected with this Title, whether
for him or for some other person, commits fraud,
collusion, falsification, misrepresentation of facts or
any other kind of anomaly, shall be punished with a
fine of not less than