I
Who has the obligation to report the RSC
Tito Pacencioso is an employee of a foundry
members for membership with the SSS, with
shop in Malabon, Metro Manila. He is barely
the concommitant obligation to remit SSS
able to make ends meet with his salary of
premiums? Why? (6%)
P4,000.00 a month. One day, he asked his
employer to stop deducting from his salary his
SSS monthly contribution, reasoning out that
IV
he is waiving his social security coverage.
Odeck, a policeman, was on leave for a month.
If you were Tito's employer, would you grant While resting in their house, he heard two of
his request? Why? (6%) his neighbors fighting with each other. Odeck
rushed to the scene intending to pacify the
protagonists. However, he was shot to death
II by one of the protagonists. Zhop, a housemaid,
was Odeck’s surviving spouse whom he had
Carol de la Cruz is the secretary of the
abandoned for another woman years back.
proprietor of an auto dealership in Quezon
When she learned of Odeck’s death, Zhop filed
City. She resides in Caloocan City. Her office
a claim with the GSIS for death benefits.
hours start at 8:00 a.m. and end at 5:00 p.m. On
However, her claim was denied because (a)
July 30, 2008, at 7 a.m. while waiting for public
when Odeck was killed, he was on leave; and
transport at Rizal Avenue Extension as has
(b) she was not the dependent spouse of
been her routine, she was sideswiped by a
Odeck when he died.
speeding taxicab resulting in her death. The
father of Carol filed a claim for employee's
Resolve with reasons whether GSIS is correct
compensation with the Social Security System.
in denying the claim. (5%)
Will the claim prosper? Why? (6%)
V
III
A, single, has been an active member of the
Assume that in Problem 5, Mario, an RSC
Social Security System for the past 20 months.
member disgusted with the non-payment of
She became pregnant out of wedlock and on
his night shift differential and overtime pay,
her 7th month of pregnancy, she was informed
filed a complaint with the DOLE Regional
that she would have to deliver the baby
Office against RSC and PizCorp. After
through caesarean section because of some
inspection, it was found that indeed Mario was
complications. Can A claim maternity
not getting his correct differential and
benefits? If yes, how many days can she go on
overtime pay and that he was not declared an
maternity leave? If not, why is she not
SSS member (so that no premiums for SSS
entitled? (3%)
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 the overdue SSS premiums.
VI
[a] State briefly the compulsory coverage of
the Government Service Insurance Act. (2%)
[b] Can a member of a cooperative be deemed
an employee for purposes of compulsory
coverage under the Social Security Act?
Explain. (2%)
VII
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, Weto’s 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?
(b) Is Jovy entitled to maternity leave
benefits? (6%)
