Workers

R.A. No. 11199 - Social Security Act of 2018

noreply@blogger.com (Jess Villarin Quijano) — Tue, 05 Mar 2019 03:47:00 +0000

Republic of the Philippines

Congress of the Philippines

Metro Manila

Seventeenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.

REPUBLIC ACT No. 11199

AN ACT RATIONALIZING AND EXPANDING THE POWERS AND DUTIES OF THE SOCIAL SECURITY COMMISSION TO ENSURE THE LONG-TERM VIABILITY OF THE SOCIAL SECURITY SYSTEM, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 1161, AS AMENDED BY REPUBLIC ACT NO. 8282, OTHERWISE KNOWN AS THE "SOCIAL SECURITY ACT OF 1997"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Social Security Act of 2018."

SEC. 2. Declaration of Policy. - It is the policy of the State 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 through savings, and ensure meaningful social security 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 Filipino workers, local or overseas, and their beneficiaries.

In the pursuit of this policy, a social security program shall be developed emphasizing the value of "work, save, invest and prosper." The maximum profitability of investible funds and resources of the program shall be ensured through a culture of excellence in management grounded upon sound and efficient policies employing internationally recognized best practices.

SEC. 3. Social Security System. - (a) To carry out the purposes of this Act, the Social Security System, hereinafter referred to as "SSS," a corporate body, with principal place of business in Metro Manila, Philippines, is hereby created. In the discharge of its mandated responsibilities under this Act, the SSS shall function and operate as an independent and accountable government-owned and -controlled corporation (GOCC) within the corporate governance standards and principles of Republic Act No. 10149 (GCG Law), except as otherwise provided herein.

The SSS shall be directed and controlled by a Social Security Commission, hereinafter referred to as "Commission," composed of the Secretary of Finance as ex officio Chairperson, the SSS President and Chief Executive Officer as Vice-Chairperson who shall automatically act as the Commission Chairperson in the absence of the Finance Secretary, the Secretary of Labor and Employment, as ex officio member, and six (6) appointive members, three (3) of whom shall represent the workers' group, at least one (1) of whom shall be a woman; three (3), the employers' group, at least one (1) of whom shall be a woman; all of whom shall be appointed by the President of the Philippines and shall be of known competence, probity, integrity and recognized expertise in any of the fields of social security, pension fund, insurance, investment, banking and finance, economics, management, law or actuarial science and with at least ten (10) years of managerial or leadership experiene. The six (6) members representing workers and employers groups shall be chosen from among the nominees of workers' and employers' organizations respectively, as endorsed by the Governance Commission for GOCCs following the fit and proper rule and standards on integrity, experience, education, training and competence. The term of office of the regular appointive members of the Commission shall be three (3) years, which can be extended for another term of three (3) years: Provided, That the terms of the first six (6) appointive members shall be one (1), two (2), and three (3) years for every two (2) members, respectively, notwithstanding Section 17 of the GCG Law: Provided, further, That they shall continue to hold office until their successors shall have been appointed and duly qualified. All vacancies, prior to the expiration of the term, shall be filled for the unexpired term only.

The fiduciary duties of a member of the Commission include the following:

(1) Act with utmost and undivided loyalty to the SSS;

(2) Act with due care, extraordinary diligence and skill in the conduct of business and exercise utmost good faith in all transactions relating to his/her duties to the SSS and its properties, and in his/her dealings with and for the SSS he/she is held to the same strict rule of honesty and fair dealing between himself/herself and his/her principal as other agent;

(3) Act for the benefit of the SSS and not for his/her own benefit;

(4) Not to profit as individual by virtue of his/her position and ensure that profits received by him/her from the SSS properties or businesses revert to the SSS and to hold the same as trustee for the benefit of the SSS and its members;

(5) Avoid conflicts of interst and not to acquire an interest adverse to or in conflict with that of the SSS, while acting for the SSS or when dealing individually with third persons and declare any interest he/she may have in any particular matter before the Commission; and

(6) Apply sound business principles to ensure the financial soundness of the SSS.

The compensation, per diems, allowances and incentives of the appointive members of the Commission shall be in accordance with and subject to GCG Law.

(b) The general conduct of the operations and management functions of the SSS shall be vested in the SSS President who shall serve as the Chief Executive Officer immediately responsible for carrying out the program of the SSS and the policies of the Commission. The SSS President shall be appointed by the President of the Philippines and shall be a person of known competence, probity, integrity and recognized expertise in social security, pension fund, insurance, investment, banking and finance, economics, management, law or actuarial science.

The SSS President may be removed for a valid cause or any of the following reasons in accordance with the requirement of due process:

(1) If he or she becomes physically or mentally incapacitated from discharging the duties and responsibilities of the office, and such incapacity has lasted for more than six (6) months;

(2) If he or she is guilty of acts or omissions which are of fraudulent or illegal character or which are manifestly opposed to the aims and interests of the SSS;

(3) If he or she no longer possess the qualifications specified in this Act;

(4) If he or she does not meet the standards of performance based on the evaluation by the Governance Commission for GOCCs under the GCG Law.

(c) An Office of the Actuary shall be created to conduct the necessary actuarial studies and present recommendations on premiums, investments and other related matters. The Commission, upon the recommendation of the SSS President, shall appoint the Chief Actuary and such other personnel as may be deemed necessary; prescribe their duties and establish such methods and procedures as may be necessary to ensure the efficient, honest and economical administration of the provisions and purposes of this Act: Provided, however, That the personnel of the SSS below the rank of Vice-President shall be appointed by the SSS President: Provided, further, That the personnel appointed by the SSS President, except those below the rank of assistant manager, shall be subject to the confirmation by the Commission: Provided, further, That the personnel of the SSS shall be selected only from civil service eligibles and be subject to civil service rules and regulations: Provided, finally, That the SSS shall be exempt from the provisions of Republic Act No. 6758 and Republic Act No. 7430.

The Chief Actuary of the SSS can only be removed by just causes which include among others gross incompetence, gross inefficiency, disloyalty, conflict of interest, dishonesty and serious misconduct.

(d) The Commission shall fix the reasonable compensation, allowances and other benefits of all positions in the SSS, including its President and Chief Executive Officer, based on a comprehensive job analysis and audit of actual duties and responsibilities. The compensation plan shall be comparable with the prevailing compensation plan in the Government Service Insurance System (GSIS), the Bangko Sentral ng Pilipinas (BSP) and other government financial institutions and shall be subjet to periodic review by the Commission no more than once every four (4) years without prejudice to merit reviews or increases based on productivity and efficiency.

Social Security Act of 2018 [2]

R.A. No. 11223 - Universal Health Care Act

noreply@blogger.com (Jess Villarin Quijano) — Mon, 04 Mar 2019 04:12:00 +0000

Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Metro Manila

Seventeenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.

REPUBLIC ACT No. 1123

AN ACT INSTITUTING UNIVERSAL HEALTH CARE FOR ALL FILIPINOS, PRESCRIBING REFORMS IN THE HEALTH CARE SYSTEM, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I

GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Universal Health Care Act."

SEC. 2. Declaration of Principles and Policies. - It is the policy of the State to protech and promote the right to health of all Filipinos and instill health consciousness among them. Towards this end, the State shall adopt:

(a) An integrated and comprehensive approach to ensure that all Filipinos are health literate, provided with healthy living conditions, and protected from hazards and risks that could affect their health;

(b) A health care model that provides all Filipinos access to a comprehensive set of quality and cost-effective, promotive, preventive, curative, rehabilitative and palliative health services without causing financial hardship, and priorities the needs of the population who cannot afford such services;

(c) A framework that fosters a whole-of-system, whole-of-government, and whole-of-society approach in the development, implementation, monitoring, and evaluation of health policies, programs and plans; and

(d) A people-oriented approach for the delivery of health services that is centered on people's needs and well-being, and cognizant of the differences in culture, values, and beliefs.

SEC. 3. General Objectives. - This Act seeks to:

(a) Progressively realize universal health care in the country through a systemic approach and clear delineation of roles of key agencies and stakeholders towards better performance in the health system; and

(b) Ensure that all Filipinos are guaranteed equitable access to quality and affordable health care goods and services, and protected against financial risk.

SEC. 4. Definition of Terms. - As used in this Act:

(a) Abuse of authority refers to an act of a person performing a duty or function that goes beyond what is authorized by this Act and Republic Act No. 7875, otherwise known as the "National Health Insurance Act of 1995," as amended, or their implementing rules and regulations (IRR), and is inimical to the public;

(b) Amenities refer to features of the health service that provide comfort or convenience, such as private accommodation, air conditioning, telephone, television, and choice of meals, among others;

(c) Basic or ward accommodation refers to the provision of regular meal, bed in shared room, fan ventilation, and shared toilet and bath;

(d) Co-insurance refers to a percentage of a medical charge that is paid by the insured, with the rest paid by the health insurance plan;

(e) Co-payment refers to a flat fee or predetermined rate paid at point of service;

(f) Direct contributors refer to those who have the capacity to pay premiums, are gainfully employed and are bound by an employer-employee relationship, or are self-earning, professional practitioners, migrant workers, including their qualified dependents, and lifetime members;

(g) Emergency refers to a condition or state of a patient wherein based on the objective findings of a prudent medical officer on duty, there is immediate danger and where delay in initial support and treatment may cause loss of life or permanent disability to the patients, or in case of a pregnant woman, permanent injury or loss of her unborn child, or a non-institutional delivery;

(h) Entitlement refers to any singular or package of health services provided to Filipinos for the purpose of improving health;

(i) Essential health benefit package refers to a set of individual-based entitlements covered by the National Health Insurance Program (NHIP) which includes primary care; medicines, diagnostics and laboratory; and preventive, curative, and rehabilitative services;

(j) Fraudulent act refers to any act of misrepresentation or deception resulting in undue benefit or advantage on the part of the doer or any means that deviate from normal procedure and is undertaken for personal gain, resulting thereafter to damage and prejudice which may be capable of pecuniary estimation;

(k) Health care provider refers to any of the following:

(1) A health facility, which may be public or private, devoted primarily to the provision of services for health promotion, prevention, diagnosis, treatment, rehabilitation and palliation of individuals suffering from illness, disease, injury, disability, or deformity, or in need of obstetrical or other medical and nursing care;

(2) A health care professional, who may be a doctor of medicine, nurse, midwife, dentist, or other allied professional or practitioner duly licensed to practice in the Philippines;

(3) A community-based health care organization, which is an association of members of the community organized for the purpose of improving the health status of that community; or

(4) Pharmacies or drug outlets, laboratories and diagnosttic clinics.

(l) Health care provider network refers to a groups of primary tertiary care providers, whether public or private, offering people-centered and comprehensive care in an integrated and coordinated manner with the primacy care provider acting as the navigator and coordinator of health care within the network:

(m) Health Maintenance Organization (HMO) refers to an entity that provides, offers, or covers designated health services for its plan holders or members for a fixed prepaid premium;

(n) Health Technology Assessment (HTA) refers to the systematic evaluation of properties, effects, or impact of health-related technologies, devices, medicines, vaccines, procedures and all other health-related systems developed to solve a health problem and improve quality of lives and health outcomes, utilizing a multi-disciplinary process to evaluate the social, economic, organizational, and ethical issues of a health intervention or health technology;

(o) Indirect contributors refer to all others not included as direct contributors, as well as their qualified dependents, whose premium shall be subsidiezed by the national government including those who are subsidized as a result of special laws;

(p) Individual-based health services refer to services which can be accessed within a health facility or remotely that can be definitively traced back to one (1) recipient, has limited effect at a population level and does not alter the underlying cause of illness such as ambulatory and inpatient care, medicines, laboratory tests and procedures, among others;

(q) Population-based health services refer to interventions such as health promotion, disease surveillance, and vector control, which have population groups as recipients;

(r) Primary care refers to initial-contact, accessible, continuous, comprehensive and coordinated care that is accessible at the time of need including a range of services for all presenting conditions, and the ability to coordinate referrals to other health care providers in the health care delivery system, when necessary;

(s) Primary care provider refers to a health care workers, with defined competencies, who has received certification in primary care as determined by the Department of Health (DOH) or any health institution that is licensed and certified by the DOH;

(t) Private health insurance refers to coverage of a defined set of health services financed through private payments in the form of a premium to the insurer; and

(u) Unethical act refers to any action, scheme or ploy against the NHIP, such as overbilling, upcasing, harboring ghost patients or recruitment practice, or any act contrary to the Code of Ethics of the responsible person's profession or practice, or other similar, analogous acts that put or tend to put in disrepute the integrity and effective implementation of the NHIP.

CHAPTER II

UNIVERSAL HEALTH CARE (UHC)

SEC. 5. Population Coverage. - Every Filipino citizen shall be automatically included into the NHIP, hereinafter referred to as the Program.

SEC. 6. Service Coverage. (a) Every Filipino shall be granted immediate eligibility and access to preventive, promotive, curative, rehabilitative, and palliative care for medical, dental, mental and emergency health services, delivered either as population-based or individual-based health services: Provided, That the goods and services to be included shall be determined through a fair and transparent HTA process;

(b) Within two (2) years from the effectivity of this Act, PhilHealth shall implement a comprehensive outpatient benefit, including outpatient drug benefit and emergency medical services in accordance with the recommendations of the Health Technology Assessment Council (HTAC) created under Section 34 hereof;

| Universal Health Care Act [2]

Rules on Employment & Working Conditions of Drivers & Conductors

noreply@blogger.com (Jess Villarin Quijano) — Wed, 27 Feb 2019 15:05:00 +0000

NWPC Guidelines No. 01

Series of 2019

REVISED OPERATIONAL GUIDELINES ON THE ADOPTION OF PART FIXED, PART PERFORMANCE-BASED COMPENSATION ON SCHEME IN THE PUBLIC BUS TRANSPORT INDUSTRY

Pursuant to Section 3 of Rule III of Department Order No. 118, Series of 2012, otherwise known as the "Rules and Regulations Governing the Employment and Working Conditions of Drivers and Conductors in the Public Utility Bus Transport Industry," the following operational guidelines on the adoption of a part fixed, part performance-based compensation scheme is hereby issued:

RULE I

COVERAGE AND DEFINITION OF TERMS

SECTION 1. Coverage. - This Guidelines shall apply to all public utility bus owners and/or operators employing drivers and conductors.

Owners and/or operators of coaches, school, tourist, and similar buses who are holders of a Certificate of Public Convenience (CPC) issued by the Land Transportation Franchising and Regulatory Board (LTFRB), employing drivers and conductors, are not covered by the provisions of this Guidelines.

SEC. 2. Definition of Terms. - As used herein, the following terms shall mean:

a. DOLE-RO - refers to the Regional Office of the Department of Labor and Employment.

b. Fixed and Performance-Based Compensation Scheme - refers to the compensation scheme for bus drivers and conductors wherein the fixed component shall be based on an amount mutually agreed upon by the owner and/or operator and the driver and conductor, which shall in no case be lower than the applicable minimum wage. The performance-based component shall be based on business performance, safety performance, and other related parameters.

c. Minimum Wage - refers to the lowest wage rate fixed by the appropriate RTWPB that an employer can pay his workers.

d. NWPC - refers to the National Wages and Productivity Commission.

e. Public utility bus driver - refers to a professional-licensed driver hired and paid to drive a public utility bus.

f. Public utility bus conductor - refers to a person hired and paid to serve as conductor in a public utility bus.

g. Public utility bus owner and/or operator - refers to a person issued a Certificate of Public Convenience by the LTFRB to operate a public utility bus.

h. Ridership - refers to the number of persons who ride the public utility bus transport system.

i. RTWPB - refers to the Regional Tripartite Wages and Productivity Board.

RULE II

COMPENSATION

SECTION 1. Part-Fixed, Part-Performance Based Compensation Scheme. - The public utility bus owners and/or operators shall adopt a mutually-agreed upon part fixed, part performance-based compensation scheme for bus drivers and conductors. It shall take into consideration revenue, ridership, safety, specific conditions of routes, and other relevant parameters. (Annex A - Sample Computation)

SECTION 2. Fixed Wage Component. - The fixed wage component shall be an amount mutually agreed upon by the public utility bus owner and/or operators and the driver/conductor and shall be paid in legal tender. It shall in no case be lower than the applicable minimum wage (basic wage + COLA, if any) for work performed during normal hours/days. It shall include wage-related benefits such as overtime pay, nightshift differential, service incentive leave, 13th month pay, and holiday and premium pay, among others.

Whenever, there is a new Wage Order, the fixed wage component shall be automatically adjusted in proportion to the prescribed minimum wage rate increase therein.

SECTION 3. Performance-Based Wage Component. - The performanced-based wage component shall be based on business performance, safety performance, and other parameters consistent with the policy intent of Department Order No. 118, Series of 2012.

a. The performance-based wage may be computed as follows:

Reference Amount of Performance Incentive =

(Current Average Daily Earnings - Fixed Wage)

where the current average daily earnings shall be estimated based on the agreed average daily earnings in the last two years

b. Business performance may consider, among others, revenue/ridership.

c. Safety performance shall consider safety records based on traffic violations and expenses for payment of government fines/charges, among others. For this purpose, the Safety and Health Committee shall discuss the safety performance component to ensure compliance with the Occupational Safety and Health Standards.

d. The public utility bus owners and/or operators and drivers/conductors may modify or use other formula for their compensation scheme, provided it is in accordance with the part fixed, part performance-based compensation scheme as provided herein.

SECTION 4. Technical Assistance. - The NWPC and RTWPBs shall provide technical assistance to public utility bus companies and/or operators in the formulation of its part fixed, part performance-based compensation scheme.

SECTION 5. Submission and Evaluation of Part Fixed, Part Performance-Based Compensation Scheme. - Within sixty (60) days prior to the scheduled confirmation of a bus unit, public utility bus owners and/or operators shall submit their proposed compensation scheme, mutually agreed upon with their drivers/conductors, to the RTWPB having jurisdiction over their principal place of business. It shall attach two copies of duly notarized employment contract between the public utility bus owners and/or operators and bus driver and between the public utility bus owners and/or operators and bus conductor.

SECTION 6. Compliant Compensation Scheme. - Within ten (10) days from receipt of the proposed compensation scheme, the RTWPB Secretariat shall check compliance of the proposed compensation scheme with this Guidelines. If found compliant, the RTWPB Secretariat, shall endorse the submitted proposed compensation scheme, together with its findings that the proposed compensation scheme is compliant with this Revised Guidelines, to the DOLE Regional Director of DOLE-RO for his/her information and approval and as one of the basis for the issuance of a Certificate of No Pending Case. (Annex B)

SECTION 7. Non-Compliant Compensation Scheme. - If the proposed compensation scheme is not compliant with this Revised Guidelines, the concerned RTWPB Secretariat shall return the proposed compensation scheme with a directive to the public utility bus owners and/or operators to adjust and revise the same based on the comments of the RTWPB. (Annex B)

SECTION 8. Posting. - The approved compensation scheme shall be conspicuously posted at the place of work of drivers and conductors and at the websites of the concerned RTWPB.

RULE III

MISCELLANEOUS PROVISIONS

SECTION 1. Enforcement and Monitoring. - The Labor Inspectors of the DOLE-ROs shall be responsible for the monitoring of compliance of public utility bus owners and/or operators with the provisions of this Guidelines, the Occupational Safety and Health Standards, and other related laws, rules, and regulations, through conduct of inspection pursuant to Department Order No. 183, Series of 2017.

SECTION 2. Non-diminution of Benefits. - Nothing herein shall be construed to authorize diminution or reduction of existing wages and benefits being enjoyed by the bus drivers and conductors.

SECTION 3. Transitory Provisions. - Public utility bus owners and/or operators with previously approved compensation scheme are required to re-submit the same to the RTWPB to ascertain its compliance with this revised Guidelines.

SECTION 4. Effectivity. - This revised Guidelines shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

Manila, Philippines. 15 February 2019.

(Sgd) MARIA CRISELDA R. SY

Executive Director IV

G.R. No. 75602

noreply@blogger.com (Jess Villarin Quijano) — Wed, 27 Feb 2019 11:37:00 +0000

SUPREME COURT

SECOND DIVISION

G.R. No. 75602

December 29, 1989

TRANS-ORIENT OVERSEAS CONTRACTORS, INC. and

JOINT VENTURE YIT-VESIPEKKA,

Petitioners,

- versus -

NATIONAL LABOR RELATIONS COMMISSION,

HON. ELMOR D. JURIDICO and

DISDADO P. VILLARAMA, JR.,

Respondents.

x-------------------------------------------------------------------x

D E C I S I O N

PADILLA, J.:

This is a Petition for Review (treated as a Petition for Certiorari) of the majority Resolution[1] of the National Labor Relations Commission (NLRC), Third Division, affirming in toto the Decision[2] of respondent Director Elmor D. Juridico of the Philippine Overseas Employment Administration (POEA), the decretal portion of which reads as follows:

“WHEREFORE, respondents Trans-Orient Overseas Contractors, Inc. and Joint Venture YV YIT-VESIPEKKA are hereby ordered to pay jointly and severally the complainant the following sums:

1. US $15,839.99 or its Peso equivalent representing salaries for the remaining period of nine months and twenty seven days considering that complainant was illegally terminated. chanroblespublishingcompany

2. US $929.67 as reimbursement of travel expenses.

Insofar as complainant’s other claims, this Office cannot award the same for lack of merit and without basis.

SO ORDERED.”

The facts, as stated in the comment of the Solicitor General, are as follows:

“On June 12, 1981, petitioners hired private respondent Diosdado Villarama, Jr. as camp physician at their Taijat Island Resort or YIT-VESIPEKKA jobsite in Baghdad, Iraq at a monthly salary of US $1,600.00 for a period of twelve (12) months commencing from the date he would leave Manila.

On August 18, 1981, private respondent departed from Manila, subject to a probation period of ninety (90) days, to commence from the actual date of work at the jobsite. The contract of employment pertinently stated:

‘3. Probation Period -- The employee shall be under probation for a period of 90 days commencing from the actual starting date of the Employee’s work in the work location. If the employee fails to meet the requirement as to the skill and willingness to work or fails to adjust himself to the rules and regulations for the camp and the working conditions, or if he in any way gets in conflict, with the

local laws and regulations’, he will immediately be sent back to the country of recruitment.’

On August 22, 1981, respondent Villarama immediately attended to emergency consultations. During the following days, the work operations being twenty four (24) hours a day, he attended to consultations and treatment of workers from 5:30 a.m. to 11:00 p.m. or 12:00 midnight.

On September 3, 1981, he wrote Seppo Havia, the Personnel Manager, about the availability for use of a service coaster in emergency cases for transporting patients to the hospitals. He added that although Havia had assured him the availability of a service coaster for ambulance use, he had yet to obtain permission from the Finnish supervisor whenever the need arose.

On September 7, 1981, he again wrote Havia about the need to provide workers with safety boots and heavy duty hand gloves to minimize, if not prevent, the widespread incidence of punctured wounds of the feet as well as lacerations and crushing injuries of the hands of workers. He also wrote Borja, officer-in-charge of the Filipino camp area, on the cleanliness and sanitation of the camp. He requested receptacles with covers for waste matter so as to eliminate the sticky pungy smell of the place.

On September 12, 1981, he wrote again to Havia regarding the quality and variety of food being served on Filipino workers. This complaint was answered. A letter was written to the concessionaire, warning on the problems of food served to workers.

On September 26, 1981, he wrote another letter suggesting that immediate action be taken to correct the continued serving of spoiled food which had caused diarrhea and loose bowel movement among the workers. Instead of taking immediate action on the complaint, Havia took samples of the food and sent them to a laboratory to test whether the food was spoiled or not.

On October 16, 1981, respondent Villarama’s employment contract was terminated by Havia. chanroblespublishingcompany

Upon receipt of the letter of termination, he verbally protested the same, but to no avail. He also demanded payment of his salaries and overtime pay but was told that the amount would be sent to him in Manila.

In Manila, after pressing for payment, he was paid first P10,000.00, then after filing a complaint, later amended, P23,853.09 for salaries up to October 15, 1981.

On February 23, 1982, he filed an amended complaint alleging among others, that he was prematurely and unlawfully terminated.

On February 7, 1983, after the parties had filed their respective position papers and other pleadings, respondent Director Juridico rendered the questioned decision.”[3]

The motions for reconsideration filed by both parties were initially dismissed by the NLRC on 29 February 1984 for their failure to comply substantially with the jurisdictional requirements of appeal. However, on 25 June 1986, the NLRC reconsidered its resolution and gave the appeals due course. On 25 June 1986, the NLRC, through a majority of two (2) commissioners, with one (1) commissioner dissenting, issued the now assailed resolution dismissing the appeals of both parties for lack of merit, and affirming the decision of the POEA.[4]

Hence, this petition.

The only issue to be resolved in the petition is whether or not public respondents gravely abused their discretion in holding that Diosdado P. Villarama was illegally dismissed by petitioners.

It is the contention of petitioners that Villarama, a probationary employee, was terminated for his failure to meet the performance standards set by them for regularization.

Petitioners argue that in terminating Villarama’s services, they were merely exercising their reserved prerogative of probationary termination for, after all, the selection of employees is of particular importance to any employer, as it effects the enterprise in no small measure.

Probationary termination, according to petitioners, is not the same as dismissal for cause. They maintain that as long as an employer does not abuse his discretion in exercising his reserved prerogative of probationary termination, the dismissal of an employee under probation who fails to qualify for regularization is not illegal.

Petitioners assert the public respondents should not have substituted their (respondents’) own discretion and judgment in deciding whether an employee is to be terminated or regularized; and since public respondents did substitute their judgment for that of the employer, this was grave abuse of discretion tantamount to lack of jurisdiction.

In further support of their position, petitioners contend that they gave Villarama guidelines for the operation of the clinic, e.g., regular clinic hours; personnel rotation; maintenance of hygiene and sanitation; medical records; etc.

They allege that Villarama failed to schedule clinic hours within his eight (8) hour regular work, which resulted in unnecessary overtime work. He likewise failed to comply with company rules on the observance of prior requests and authorizations for medical treatment and established procedures for emergency consultations. Instead, petitioners state, Villarama dismissed these instructions as impossible to comply with, as he was the only camp physician and that he had to treat all medical referrals coming to him as emergency cases. Petitioners further allege that Villarama met with hostility petitioners’ reminders to him to keep the first aid kits replenished and the clinic surroundings clean and sanitary.

On the matter of the quality of food served in the camp, petitioners maintain that they tried to find solutions to the complaints of the Filipino workers but, unfortunately, Villarama instead of cooperating with management in finding solutions to the very problems he perceived, accused petitioners of maintaining sub-human conditions in his memorandum to the personnel manager and went so far as to circularize these “Memos” not only inside the job site but even furnished copies thereof to various Philippine government agencies, including the Office of the President.

Last but not least, petitioners aver that Villarama’s performance should reflect not only his skills as a doctor, which they do not question, but also his overall competence in all areas of activity covered by his assigned task as camp physician. As camp physician, they expected Villarama not only to be medically competent but likewise possessed of effective management and administrative skills in order to effectively run and operate the camp clinic. In short, Villarama’s performance and willingness to work must be judged, according to petitioners, on his work attitude, relationship with co-employees, adjustment to work and camp conditions, rapport with other site officials and the ability to work as a team.

Petitioners submit that POEA made no express finding that they (petitioners) were guilty of grave abuse of discretion in terminating Villarama but only concluded that Villarama was dismissed mainly to silence him because of his compilation and distribution of letters critical of petitioners’ operation which tended to be detrimental to the interest of petitioners.

On the other hand, private respondent contends that work at the jobsite was a 24-hour operation. Being the only camp physician, he had to work beyond the eight (8) regular clinic hours. For this reason, he avers, he found himself attending to consultations and treatment of workers as early as 5:30 a.m. and as late as 11:00 p.m. or 12:00 midnight. He alleges that because he noticed the high incidence of punctured wounds in the feet and lacerations and crushing injuries of the workers’ hands, he was prompted to write to the personnel manager suggesting that safety boots and heavy duty hand gloves be provided the workers. Another memo he had to write concerned food being served to Filipino workers. He alleged that spoiled food was served to the Filipino workers with deleterious effect.

Villarama maintains that when he wrote “memos” to the personnel manager, he was merely taking the cudgels for the workers whose health and safety were his concern as the camp physician and to “wake up” management. It was, he adds, a legitimate exercise of freedom of speech and of expression equally important to the cause of labor in this country and anywhere in the world. He insists that his dismissal is mainly because of his compilation and distribution of letters in which he criticized the operation of JV Yit-Vesipekka and its subcontractors, which petitioners regarded as an intentional action against the employer.

The petition must fail.

Undoubtedly, Villarama’s skill as a physician is not questioned by petitioners. They, however, submit that the term “skills” more accurately refers to Villarama’s overall competence as a camp physician, which covers possession of effective management and administrative ability in supervising and operating the camp clinic. Furthermore, petitioners accuse Villarama of refusing to cooperate with the site management and actually discrediting petitioners in the public eye.

Admittedly, Villarama was the only doctor in the camp who could attend to the medical cases referred to him. The locale was a construction site on a 24-hour operation. Hence, injuries to the workers could be expected to occur not only during daytime but even at night time. True, guidelines were set regarding clinic hours but, as already stated, injuries and emergency cases could occur at any time.

Petitioners, instead of resenting Villarama’s suggestion to provide the workers with heavy duty gloves and safety boots, should have welcomed the same, as it would minimize, if not totally avoid the cases of injuries that the doctor had to treat.

The letters/memos written by private respondent, e.g., the serving of spoiled food and the short supply of food to the workers, proved that Villarama was not only concerned with the health of the workers but showed that he was also concerned with the interest of petitioners who in the long run would be spared strikes called by workers complaining about the quality and quantity of food served to them.

The Court agrees with the finding of public respondents that Villarama’s letters were constructively written, calling the attention of petitioners to the conditions at the jobsite. The tenor of the letters was informative. We do not discern any intent on the part of private respondent to discredit petitioners. Had petitioners taken more time to implement the suggestions of Villarama concerning the problems of the workers, a more pleasant and understanding working relationship would have developed to their mutual benefit. But, unfortunately, petitioners opted to dismiss private respondent after only two (2) months, even as they claimed to be working towards a solution to the problems cited by private respondent.

Petitioners cite the case of Grand Motor Parts Corp. vs. Minister of Labor (130 SCRA 436) to justify their dismissal of Villanueva.

That case cannot be applied to the case at bar. There, private respondent was hired as manager of a branch store, a position he never held before. On his managerial skills hinged the success and profitability of the business. He was found negligent in submitting reports vital to business operations and lax in implementing company policies.

In the case at bar, private respondent was hired specifically as a camp physician. His skills as a doctor were never questioned by petitioners. He was not found to be ineffective or inept as a physician. There were no complaints from the workers against him. What petitioners allegedly question is the administrative skills of Villarama in running the clinic. But these skills are only corollary to his main work as a camp physician. In truth, petitioners became unhappy at having to pay an “alarming claim” for overtime pay by respondent Villarama. They faulted him with the non-replenishment of the first-aid kits and the dirty state of the clinic premises. These conditions were satisfactorily explained by private respondent.

In fine, petitioners’ dismissal of private respondent was not based on any of the grounds provided in the contract of employment entered into between them. We are more inclined to believe and agree with the respondents that Villarama was dismissed because petitioners’ personnel manager resented the act of Villarama of writing memos calling the manager’s attention to the problems in the camp site and furnishing copies of said memos to government agencies and the Office of the President of the Philippines, which act petitioners perceived as detrimental to their interest.

In the final analysis, petitioners are not raising in the case at bar a question of jurisdiction but only questions of fact. As aptly observed by the Solicitor General, in reality petitioners are claiming that respondent officials erred in not believing their submission that Villarama had failed to meet the prescribed standards for regularization and in giving credence to Villarama’s claim to the contrary.

Clearly, this is a factual issue.[5] Factual findings of the NLRC are not correctible by certiorari;[6] in fact they are binding on this Court in the absence of any showing that they are completely without any support in the evidence on record.

We do not believe that public respondents acted capriciously and whimsically in their exercise of judgment as to warrant a conclusion that there was, on their part, a grave abuse of discretion.

WHEREFORE, the Decision appealed from is AFFIRMED, with costs against the petitioners.

SO ORDERED.

Melencio-Herrera, Paras, Sarmiento and Regalado, JJ., concur.

-------------------

[1] Commissioners Guillermo C. Medina and Gabriel M. Gatchalian concurred; Commissioner Miguel B. Valera dissented.
[2] Annex B, pp. 34-45, Rollo.
[3] Rollo, pp. 261-264.
[4] Annex “A”, pp. 29-30, ibid.
[5] p. 272, ibid.
[6] Manila Hotel Corp. vs. NLRC, G.R. No. L-53453, January 22 1986, 141 SCRA 169; CCLU vs. NLRC, G.R. Nos. L-35955-56, October 31, 1974, 60 SCRA 450.

R.A. No. 11210 - (105-Day Expanded Maternity Leave Law)

noreply@blogger.com (Jess Villarin Quijano) — Tue, 26 Feb 2019 02:59:00 +0000

Congress of the Philippines

Metro Manila

Seventeenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.

REPUBLIC ACT No. 11210

AN ACT INCREASING THE MATERNITY LEAVE PERIOD TO ONE HUNDRED FIVE (105) DAYS FOR FEMALE WORKERS WITH AN OPTION TO EXTEND FOR AN ADDITIONAL THIRTY (30) DAYS WITHOUT PAY, AND GRANTING AN ADDITIONAL FIFTEEN (15) DAYS FOR SOLO MOTHERS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known and cited as the "105-Day Expanded Maternity Leave Law."

SEC. 2. Declaration of Policy. - It is the declared policy of the State under Article XIII, Section 14 of the 1987 Constitution to protect and promote the rights and welfare of working women, taking into account their maternal functions, and to provide an enabling environment in which their full potential can be achieved.

Article II, State Policies, Section 12 of the 1987 Constitution provides that the State recognizes the sanctity of family life and shall protect and strengthen the family as the basic autonomous social institution and that it shall equally protect the life of the mother and the life of the unborn from conception. Moreover, Sections 17 and 22 of Republic Act No. 9710, otherwise known as "The Magna Carta of Women," provides for women's rights to health and decent work.

To achieve these, and in recognition of women's maternal function as a social responsibility, the State shall institutionalize a mechanism to expand the maternity leave period of women workers. This will provide them with ample transition time to regain health and overall wellness as well as to assume maternal roles before resuming paid work. This Act is consistent with local and international legal instruments that protect and promote the rights of women.

SEC. 3. Grant of Maternity Leave. - All covered female workers in government and the private sector, including those in the informal economy, regardless of civil status or the legitimacy of her child, shall be granted one hundred five (105) days maternity leave with full pay and an option to extend for an additional thirty (30) days without pay: Provided, That in case the worker qualifies as a solo parent under Republic Act No. 8972, or the "Solo Parents' Welfare Act," the worker shall be granted an additional fifteen (15) days maternity leave with full pay.

Enjoyment of maternity leave cannot be deferred, but should be availed of either before or after the actual period of delivery in a continuous and uninterrupted manner, not exceeding one hundred five (105) days, as the case may be.

Maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency: Provided, That for cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave with full pay shall be granted.

SEC. 4. Maternity Leave for Female Workers in the Public Sector. - Any pregnant female worker in the government service, regardless of employment status, in National Government Agencies (NGAs), Local Government Units (LGUs), Government-Owned or -Controlled Corpoporations (GOCCs), or State Universities and Colleges (SUCs), shall be granted a maternity leave of one hundred five (105) days with full pay regardless if the delivery was normal or caesarian: Provided, That, in case the employee qualifies as a solo parent under Republic Act No. 8972, or the "Solo Parents' Welfare Act," the employee shall be paid an additional maternity benefit of fifteen (15) days. An additional maternity leave of thirty (30) days, without pay, can be availed of, at the option of the female worker: Provided, further, That, the head of the agency shall be given due notice, in writing, at least forty-five (45) days before the end of her maternity leave: Provided, finally, That no prior notice shall be necessary in the event of a medical emergency but subsequent notice shall be given to the head of the agency.

Maternity leave of sixty (60) days, with full pay, shall be granted for miscarriage or emergency termination of pregnancy.

SEC. 5. Maternity Leave for Female Workers in the Private Sector. - Any pregnant female worker in the private sector shall be granted a maternity leave of one hundred five (105) days with full pay, regardless of whether she gave birth via caesarian section or natural delivery, while maternity leave of sixty (60) days with full pay shall be granted for miscarriage or emergency termination of pregnancy.

(a) A fenale Social Security System (SSS) member who has paid at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy shall be paid her daily maternity benefit which shall be computed based on her average monthly salary credit for one hundred five (105) days, regardless of whether she gave birth via caesarian section or natural delivery, subject to the following conditions:

(1) That the female worker shall have notified her employer of her pregnancy and the probable date of her childbirth, which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide;

(2) That the full payment shall be advanced by the employer within thirty (30) days from the filing of the maternity leave application;

(3) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided under Republic Act No. 1161, as amended, for the same period for which daily maternity benefits have been received;

(4) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of maternity benefits advanced to the female worker by the employer upon receipt of satisfactory and legal proof of such payment; and

(5) That if a female worker shall give birth or suffer a miscarriage or emergency termination of pregnancy without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified by the employer of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said female member would otherwise have been entitled to.

In case the employee qualifies as a solo parent under Republic Act No. 8972, or the "Solo Parents' Welfare Act," the employee shall be paid an additional maternity benefit of fifteen (15) days. | READ MORE >>

R.A. No. 11210 1 | 2

Expanded Maternity Leave Law to cost SSS Php7.5-billion more

noreply@blogger.com (Jess Villarin Quijano) — Sat, 23 Feb 2019 10:04:00 +0000

MANILA - The Expanded Maternity Leave law, which was signed into law by President Rodrigo Roa Duterte last Wednesday, 20 February 2019, is expected to cost the Social Security System (SSS) an additional Php7.5-billion in benefits.

In a briefing Thursday, SSS President and Chief Executive Officer (CEO) Emmanuel Dooc said this amount is on top of the Php6-billion in maternity benefits disbursed in 2017.

Some 289,000 SSS members received maternity benefit in 2017.

As of end-September 2018, SSS disbursed about Php5.2-billion worth of maternity benefits and this was extended to 241,680 members.

Dooc said they will look for ways to fund this additional benefit even as the state-run pension fund for private sector workers can now impose a hike in monthly contributions following the signing into law of Republic Act (RA) 11199 or the Social Security Act of 2018.

RA 11199 strengthens the pension fund's actuarial life since the mandated additional one percentage point increase in contribution from the current 11 percent, scheduled to be implemented this year, will bring in about Php31-billion in contribution collections.

This, in turn, will extend the actuarial life of SSS from 2038 to 2045.

Under the Expanded Maternity Leave law, pregnant workers will have 105 days of paid maternity leave, 7 days of which are transferable to fathers.

It gives single mothers additional 15 days leave while a 30-day extension can be made, but this will be without pay.

Also, the expanded leave does not discriminate whether the member has already exceeded four pregnancies.

Out of the 11 percent combined contribution of both the members and their employers, only 0.4 percent is allocated for maternity benefit to date.

Dooc said this share should have been increased to 0.5 percent when the maternity leave was increased to 60 days from 45 days for normal delivery and to 78 days from 60 days for caesarian delivery.

He explained that with the deficiency, the contribution should be hiked by as much as 0.6 percent.

He said that Taguig Congresswoman Pia Cayetano, who is one of the measure's authors, has given assurance that SSS has the authority under the expanded maternity leave to increase contribution to address the additional cost. [Joan Villanueva, PNA]

R.A. 11223 - Universal Health Care Act [3]

noreply@blogger.com (Jess Villarin Quijano) — Thu, 21 Feb 2019 06:06:00 +0000

SEC. 12. Administrative Expense. - No more than seven and one-half percent (7.5%) of the actual total premium collected from direct and indirect contributory members during the immediately preceding year shall be allotted for the administrative cost of implementing the Program.

SEC. 13. PhilHealth Board of Directors. - (a) The PhilHealth Board of Directors, hereinafter referred to as the Board, is hereby reconstituted to have a maximum of thirteen (13) members, consisting of the following: (1) five (5) ex-officio members, namely: the Secretary of Health, Secretary of Social Welfare and Development, Secretary of Budget and Management, Secretary of Finance, Secretary of Labor and Employment; (2) three (3) expert panel members with expertise in public health, management, finance, and health economics; and (3) five (5) sectoral panel members, representing the direct contributors, indirect contributors, employers group, health care providers to be endorsed by their national associations of health care institutions and health care professionals, and representative of the elected local chief executives to be endorsed by the League of Provinces of the Philippines, League of Cities of the Philippines, and League of Municipalities of the Philippines: Provided, That at least one (1) of the expert panel members and at least two (2) of the sectoral panel members are women.

The sectoral and expert panel members must be Filipino citizens and of good moral character.

The expert panel members must: (i) be of recognized probity and independence and must have distinguished themselves professionally in public, civic or academic service; (ii) to be in the active practice of their professions for at least seven (7) years; and (iii) not be appointed within one (1) year after losing in the immediately preceding elections, whether regular or special.

(b) The Secretary of Health shall be an ex officio non-voting Chairperson of the Board.

(c) All appointive members of the Board shall be required to undergo training in health care financing, health systems, costing health services and HTA prior to the start of their term. Non-compliance shall be a ground for dismissal.

Within thirty (30) days following the effectivity of this Act, the Governance Commission for Government-Owned or -Controlled Corporations (GCG) shall, in accordance with the provisions of Republic Act No. 10149, promulgate the nomination and selection process for appointive members of the Board with a clear set of qualifications, credentials, and recommendation from the concerned sectors.

SEC. 14. President and Chief Executive Officer (CEO) of PhilHealth. - Upon the recommendation of the Board, the President of the Philippines shall appoint the President and CEO of PhilHealth from the Board's non-ex officio members: Provided, That the Board cannot recommend a President and CEO of PhilHealth unless the member is a Filipino citizen and must have at least seven (7) years of experience in the field of public health, management, finance, and health economics or a combination of any of these expertise.

SEC. 15. PhilHealth Personnel as Public Health Workers. - All PhilHealth personnel shall be classified as public health workers in accordance with the pertinent provisions under Republic Act No. 7305, also known as the Magna Carta of Public Health Workers.

SEC. 16. Additional Powers and Functions of PhilHealth. - (a) To fix the reasonable compensation, allowances and other benefits of all positions, including its President and CEO, based on a comprehensive job analysis and audit of actual duties and responsibilities, subject to the approval of the President of the Philippines. The compensation plan shall be comparable with government social securit institutions and shall be subject to periodic review by the Board no more than once every four (4) years without prejudice to merit reviews or increases based on productivity and efficiency;

(b) To establish the organizational structure and staffing pattern of PhilHealth's central and regional offices to cover as many provinces, cities and legislative districts, including foreign countries, whenever and wherever it may be expedient, necessary and feasible and to inspect or cause to be inspected periodically such offices, subject to the approval by the Board;

(c) To maintain a Provident Fund which consists of contributions made by both PhilHealth and its officials and employees and earnings thereon, for the payment of benefits to such officials and employees or their dependents or heirs under such terms and conditions as may be prescribed by the Board, subject to the approval of the President of the Philippines; and

(d) To adopt or approve the annual and supplemental budget of receipts and expenditures including salaries, allowances and early retirement of PhilHealth personnel and to authorize such capital and operating expenditures and disbursements as may be necessary and proper for the effective management and operation of PhilHealth: Provided, That this shall be subject to the budgetary limitations stated under Section 12 hereof: Provided, further, That the submission of the corporate budget to the Department of Budget and Management (DBM) shall be for information purposes only.

CHAPTER IV

HEALTH SERVICES DELIVERY

SEC. 17. Population-based Health Services. - The DOH shall endeavor to contract province-wide and city-wide health systems for the delivery of population-based health services. Province-wide and city-wide health systems shall have the following minimum components:

(a) Primary care provider network with patient records accessible throughout the health system;

(b) Accurate, sensitive, and timely epidemiologic surveillance systems; and

SEC. 18. Individual-based Health Services. - (a) PhilHealth shall endeavor to contract public, private, or mixed health care providider networks for the delivery of individual-based health services: Provided, That member access to services shall not be compromised: Provided, furthermore, That during the transition, PhilHealth and DOH shall incentivize health care providers that form networks: Provided, finally, That apex or end-referral hospitals, as determined by the DOH, may be contracted as stand-alone health care proiders by PhilHealth.

(b) PhilHealth shall endeavor to shift to paying providers using performance-driven, close-end, prospective payments based on disease or diagnosis related groupings and validated costing methodologies and without differentiating facility and professional fees; develop differential payment schemes that give due consideration to service quality, efficiency and equity; and institute strong surveillance and audit mechanisms to ensure networks' compliance to contractual obligations.

CHAPTER V

ORGANIZATION OF LOCAL HEALTH SYSTEMS

SEC. 19. Integration of Local Health Systems into Province-wide and City-wide Health System. - The DOH, Department of the Interior and Local Government (DILG), PhilHealth and the LGUs shall endeavor to integrate health systems into province-wide and city-wide health systems. The Provincial and City Health Boards shall oversee and coordinate the integration of health services for province-wide and city-wide health systems, to be composed of municipal and component city health systems, and city-wide health systems in highly urbanized and independent component cities, respectively. The Provincial and City Health Boards shall manage the Special Health Fund referred to in Section 20 of this Act and shall exercise administrative and technical supervision over health facilities and health human resources within their respective territorial jurisdiction: Provided, That municipalities and cities included in the province-wide and city-wide health systems shall be entitled to a representative in the Provincial or City Health Board, as the case may be.

SEC. 20. Special Health Fund. - The province-wide or city-wide health system shall pool and manage, through a special health fund, all resources intended for health serives to finance population-based and individual-based health services, health system operating costs, capital investments, and remuneration of additional health workers and incentives for all health workers: Provided, That the DOH, in consultation with the DBM and the LGUs, shall develop guidelines for the use of th Special Health Fund.

SEC. 21. Income Derived from PhilHealth Payments. - All income derived from PhilHealth payments shall accrue to the Special Health Fund to be allocated by the LGUs exclusively for the improvement of the LGU health system: Provided, That PhilHealth payments shall be credited to the annual regular income (ARI) of the LGU.

SEC. 22. Incentives for Improving Competitiveness of the Public Health Service Delivery System. - The National Government shall make available commensurate financial and non-financial matching grants, including capital outlay, human resources for health and health commodities, to improve the functionality of province-wide and city-wide health systems: Provided, That underserved and unserved areas shall be given priority in the allocation of grants: Provided, further, That the grants shall be in accordance with the approved province-wide and city-wide health investment plans, which shall account for complementation of public and private health care providers and public or private health sector investments.

[2] Universal Health Care Act [4]

R.A. 11223 - Universal Health Care Act [2]

noreply@blogger.com (Jess Villarin Quijano) — Thu, 21 Feb 2019 02:38:00 +0000

(c) The DOH and the local government units (LGUs) shall endeavor to provide a health care delivery system that will afford every Filipino a primary care provider that would act as the navigator, coordinator, and initial and continuing point of contact in the health care delivery system: Provided, That except in emergency or serious cases and when proximity is a concern, access to higher levels of care shall be coordinated by the primary care provider; and

(d) Every Filipino shall register with a public or private primary care provider of choice. The DOH shall promulgate the guidelines on the licensing of primary care providers and the registration of every Filipino to a primary care provider.

SEC. 7. Financial Coverage. - (a) Population-based health services shall be financed by the National Government through the DOH and provided free of charge at point of service for all Filipinos.

The National Government shall support LGUs in the financing of capital investments and provision of population-based interventions.

(b) Individual-based health services shall be financed primarily through prepayment mechanisms such as social health insurance, private health insurance, and HMO plans to ensure predictability of health expenditures.

CHAPTER III

NATIONAL HEALTH INSURANCE PROGRAM

SEC. 8. Program Membership. - Membership into the Program shall be simplified into two (2) types, direct contributors and indirect contributors, as defined in Section 4 of this Act.

SEC. 9. Entitlement to Benefits. - Every member shall be granted immediate eligibility for health benefit package under the Program: Provided, That PhilHealth Identification Card shall not be required in the availment of any health service; Provided, further, That no co-payment shall be charged for services rendered in basic or ward accommodation: Provided, furthermore, That co-payments and co-insurance for amenities in publci hospitals shall be regulated by the DOH and PhilHealth: Provided, finally, That the current PhilHealth package for members shall not be reduced.

PhilHealth shall provide additional Program benefits for direct contributors, where applicable: Provided, That failure to pay premiums shall not prevent the enjoyment of any Program benefits: Provided, further, That employers and self-employed direct contributors shall be required to pay all missed contributors with an interest, compounded monthly, of at least three percent (3%) for employers and not exceeding one and one-half percent (1.5%) for self-earning, professional practitioners, and migrant workers.

SEC. 10. Premium Contributions. - For direct contributors, premium rates shall be in accordance with the following schedule, and monthly income floor and ceiling:

Year	Premium Rate	Income Floor	Income Ceiling
2019	2.75%	P10,000.00	P50,000.00
2020	3.00%	P10,000.00	P60,000.00
2021	3.50%	P10,000.00	P70,000.00
2022	4.00%	P10,000.00	P80,000.00
2023	4.50%	P10,000.00	P90,000.00
2024	5.00%	P10,000.00	P100,000.00
2025	5.00%	P10,000.00	P100,000.00

Provided, That for indirect contributions, premium subsidy shall be gradually adjusted and included annually in the General Appropriations Act (GAA): Provided, further, That the funds shall be released to PhilHealth: Provided, furthermore; That the DOH, in coordination with PhilHealth, may request Congress to appropriate supplemental funding to meet targeted milestones of this Act: Provided, finally, That for every increase in the rate of contribution of direct contributors and premium subsidy of indirect contributors, PhilHealth shall provide for a corresponding increase in benefits.

SEC. 11. Program Reserve Funds. - PhilHealth shall set aside a portion of its accummulated revenues not needed to meet the cost of the current year's expenditures as reserve funds: Provided, That the total amount of reserves shall not exceed a ceiling equivalent to the amount actuarially estimated for two (2) years' projected Program expenditures: Provided, further, That whenever actual reserves exceed the required ceiling at the end of the fiscal year, the excess of the PhilHealth reserve fund shall be usd to increase the Program's benefits and to decrease the amount of members' contributions.

Any unused portion of the reserve fund that is not needed to meet the current expenditure obligations or support the above-mentioned programs shall be placed in investments to earn an average annual income at prevailing rates of interest and shall be referred to as the Investment Reserve Fund. The Investment Reserve Fund shall be invested in any or all of the following:

(a) In interest-bearing bonds, securities or other evidences of indebtedness of the Government of the Philippines: Provided, That such investment shall be at least fifty percent (50%) of the reserve fund;

(b) In debt securities and corporate bonds of prime or solvent corporations created or existing under the laws of the Philippines: Provided, That the issuing or its predecessor entity shall not have defaulted in the payment of interest on any of its securities: Provided, further, That the securities are issued by companies with high growth opportunities and earnings potentials: Provided, finally, That such investment shall not exceed thirty percent (30%) of the reserve fund;

(c) In interest-bearing deposits and loans to or securities in any domestic bank doing business in the Philippines: Provided, That in the case of such deposits, this shall not exceed at any time the unimpared capital and surplus or total private deposits of the depository bank, whichever is smaller: Provided, further, That the bank shall have been designated as a depository for this purpose by the Monetary Board of the Bangko Sentral ng Pilipinas;

(d) In preferred stocks of any solvent corporation or institution created or existing under the laws of the Philippines listed in the stock exchange with proven track record or profitability over the last three (3) years and payment of dividends for a period of at least three (3) years immediately preceding the date of investment in such preferred stocks;

(e) In common stocks of any solvent corporation or institution created or existing under the laws of the Philippines listed in the stock exchange with high growth opportunities and earnings potentials;

(f) In bonds, securities, promissory notes, or other evidences of indebtedness of accredited and financially sound medical institutions exclusively to finance the construction, improvement and maintenance of hospitals and other medical facilities: Provided, That such securities and instruments shall be guaranteed by the Republic of the Philippines or the issuing medical institution and the issued securities are both rated triple 'A' by authorized accredited domestic rating agencies: Provided, further, That said investments shall not exceed ten percent (10%) of the total reserve fund; and

(g) In debt instruments and other securities traded in the secondary markets with the same intrinsic quality as those enumerated in paragraphs (a) to (e) hereof, subject to the approval of the PhilHealth Board.

No portion of the reserve fund or income thereof shall accrue to the general fund of the National Government or to any of its agencies or instrumentalities, including government-owned or -controlled corporations.

As part of its investments operations, PhilHealth may hire institutions with valid trust licenses as its external local fund managers to manage the reserve fund, as it may deem appropriate, through public bidding. The fund manager shall submit an annual report on investment performance to PhilHealth.

The PhilHealth shall set up the following funds:

(1) A fund to secure benefit payouts to members prior to their becoming lifetime members;

(2) A fund to secure payouts to lifetime members; and

(3) A fund for optional supplemental benefits that are subject to additional contributions.

A portion of each of the above funds shall be identified as current and kept in liquid instruments. In no case shall said portion be considered part of invested assets.

The PhilHealth shall allocate a portion of all contributions to the fund for lifetime members based on an allocation to be determined by the PhilHealth actuary based on a pre-determined percentage using the current average age of members and the current life expectancy and morbidity curve of Filipinos.

The PhilHealth shall manage the supplemental benefits and the lifetime members' fund in an actuarially sound manner.

The PhilHealth shall manage the supplemental benefits fund to the minimum required to ensure that the supplemental benefit payments are secure.

[1] Universal Health Care Act [3]

R.A. 11223 - Universal Health Care Act [5]

noreply@blogger.com (Jess Villarin Quijano) — Wed, 20 Feb 2019 14:06:00 +0000

SEC. 32. Monitoring and Evaluation. - (a) The Philippine Statistics Authority (PSA) shall conduct the relevant modules of household surveys annually during the first ten (10) years of the implementation, and thereafter follow its regular schedule.

(b) The DOH shall publish annual provincial burden of disease estimates using internationally validated estimation methods and biennially using actual public and private sector data from electronic records and disease registries, to support LGUs in tracking progress of health outcomes.

SEC. 33. Health Impact Assessment (HIA). - HIA shall be required for policies, programs, and projects that are crucial in attaining better health outcomes or those that may have an impact on the health sector.

[4] Universal Health Care Act [6]

R.A. 11223 - Universal Health Care Act [4]

noreply@blogger.com (Jess Villarin Quijano) — Wed, 20 Feb 2019 08:46:00 +0000

CHAPTER VI

HUMAN RESOURCES FOR HEALTH

SEC. 23. National Health Human Resource Master Plan. - The DOH, together with stakeholders, shall ensure the formulation and implementation of a National Health Human Resource Master Plan that will provide policies and strategies for the appropriate generation, recruitment, retraining, regulation, retention and re-assessment of health workforce based on population health needs.

To ensure continuity in the provision of the health programs and services, all health professionals and health care workers shall be guaranteed permanent, employment and competetive salaries.

SEC. 24. National Health Workforce Support System. - A national health workforce (NHW) support system shall be created to support local public health systems in addressing their human resource needs: Provided, That deployment to Geographical Isolated and Disadvantaged Areas (GIDAs) shall be prioritized.

SEC. 25. Scholarship and Training Program. - (a) The Commission on Higher Education (CHED), Technical Education and Skills Development Authority (TESDA), Professional Regulation Commission (PRC) and the DOH shall develop and plan the expansion of existing and new allied and health-related degree and training programs including those for community-based health care workers and regulate the number of enrollees in each program based on the health needs of the population especially those in underserved areas.

(b) The CHED and the DOH shall expand scholarship grants for allied and health-related undergraduates and graduate programs: Provided, That scholarships shall be based on the needed cadre of national and local health managers and health professionals: Provided, further, That scholarships for bona fide residents of unserved or underserved areas or members of indigenous peoples shall be given priority.

(c) The PRC and the DOH, in coordination with duly-registered medical and allied health professional societies, shall set up a registry of medical and allied health professionals, indicating, among others, their current number of practititioners and location of practice.

(d) The CHED, PRC, and DOH, in coordination with duly-registered medical and allied professional societies, shall re-orient medical and allied medical professional education, and health professional certification and regulation towards producing health workers with competencies in the provision of primary care services.

SEC. 26. Return Service Agreement. - All graduates of allied and health-related courses who are recipients of government-funded scholarship programs shall be required to serve in priority areas in the public sector for at least three (3) full years, with compensation, and under the supervision of the DOH: Provided, That those who will serve for additional two (2) years shall be provided with additional incentives as determined by the DOH: Provided, further, That graduates of allied and health-related courses from state universities and colleges and private schools shall be encouraged to serve in these areas.

The DOH shall coordinate with the CHED and PRC for the effective implementation of this section including the establishment of guidelines for non-compliance.

CHAPTER VII

REGULATION

SEC. 27. Safety and Quality. - (a) PhilHealth shall established a rating system under an incentive scheme to acknowledge and reward health facilities that provide better service quality, efficiency and equity: Provided, That PhilHealth shall recognize third party accredition mechanisms and may use these as basis for granting incentives.

(b) The DOH shall institute a licensing and regulatory system for stand-alone health facilities, including those providing ambulatory and primary care services, and other modes of health service provision.

(c) The DOH shall set standards for clinical care through the development, appraisal, and use of clinical practice guidelines in cooperation with professional societies and the academe.

SEC. 28. Affordability. - (a) DOH-owned health care providers shall procure drugs and devices guided by price reference indices, following centrally negotiated prices, sell them following the prescribed maximum mark-ups, and submit to DOH a price list of all drugs and devices procured and sold by the health care provider.

(b) An independent price negotiation board, composed of representatives from the DOH, PhilHealth and the Department of Trade and Industry (DTI), among others, shall be constituted to negotiate prices on behalf of the DOH and PhilHealth, guided by certain parameters including new technology, innovator drugs, and sourced from a single supplier: Provided, That the negotiated price in the framework contract shall be applicable for all health care providers under DOH: Provided, further, That the price negotiation board shall adhere to the guidelines issued by the Government Procurement Policy Board.

(c) Health care providers and facilities shall be required to make readily accessible to the public and submit to DOH and PhilHealth, all pertinent relevant, and up-to-date information regarding the prices of health services, all goods and services being offered.

(d) Drug outlets shall be required at all times to carry the generic equivalent of all drugs in the Primary Care Formulary and shall be required to provide customers with a list of therapeutic equivalents and their corresponding prices when fulfilling prescriptions or in any transaction.

(e) The DOH, PhilHealth, HMOs, life and non-life private health insurance (PHIs) shall develop standard policies and plans that complement the Program's benefit schedule: Provided, That a coordination mechanism between PhilHealth, PHIs and HMOs shall be set up to ensure that no benefits shall be unnecessary dropped.

SEC. 29. Equity. (a) The DOH shall annually update its list of underserved areas, which shall be the basis for preferential licensing of health facilities and contracting of health services. The DOH shall develop the framework and guidelines to determine the appropriate bed capacity and number of health care professionals of public health facilities.

(b) The government shall guarantee that the distribution of health services and benefits provided for in this Act shall be equitable by prioritizing GIDAs in the provision of assistance and support.

(c) All government hospitals are required to operate not less than ninety percent (90%) of their bed capacity as basic or ward accommodation: Provided, That specialty hospitals are required to operate not less than seventy percent (70%) of their bed capacity as basic or ward accommodation: Provided, further, That private hospitals are required to operate not less than ten percent (10%) of their bed capacity as basic or ward accommodation: Provided, finally, That all government hospitals, specialty hospitals and private hospitals shall regulardly submit a report on the allotment or percentage of their bed capacity to basic or ward accommodation to DOH, which shall issue the necessary guidelines for the immediate implementation of this provision.

CHAPTER VIII

GOVERNANCE AND ACCOUNTABILITY

SEC. 30. Health Promotion. - The DOH, as the overall steward for health care, shalll strengthen national efforts in providing a comprehensive and coordinated approach to health development with emphasis on scaling up health promotion and preventive care.

The DOH shall transform its existing Health, Promotion and Communication Service into a full-fledged Bureau, to be named as the Health Promotion Bureau, to improve health literacy and mainstream health promotion and protection.

The Health Promotion Bureau shall formulate a framework stretegy for health promotion which shall serve as the basis for DOH programs in increasing health literacy with focus on reducing non-communicable diseased, implement population-wide health promotion programs and activities across social determinants of health, exerciese plicy coordination across government instrumentalities to ensure the attainment of the framework strategy and its programs, and promote and provide technical support to local research and development programs and projects: Provided, That within two (2) years from the effectivity of this Act, the cost of implementing health promotion programs shall be at least one percent (1%) of the DOH's total budget appropriations.

The schools under the supervision of the Department of Education (DepEd) are hereby designated as healthy settings for the purpose of this Act. The DepEd, in coordination with DOH, shall formulate programs and modules on health literacy and rights be integrated into the existing school currricula to intensify the fight against the spread of communicable diseases and increase in prevalence of non-communicable diseases through, among others, the effective promotion of healthy lifestyle, physical activity, proper nutrition, and prevention of smoking and alcohol consumption among students. The program shall likewise acquaint the students on their entitlements, privileges and responsibilities under this Act.

The DOH and DepEd shall submit annual reports on the health promotion and literacy programs they have respectively implemented, including an assessment of the impact thereof, to the President of the Philippines, the Senate President, and the Speaker of the House of Representatives.

Furthermore, the LGUs are also directed to enact stricter ordinances that strengthen and broaden existing health policies, the laws to the contrary notwithstanding, and implement effective programs that promote health literary and healthy lifestyle among their constituencies to advance population health and individual well-being, reduce the prevalenc of non-communicable diseased and their risk factors, particularly tobacco and alcohol use, lower the incidence of new infectious diseases, address mental health issues and improve health indicators. An annual report on the policies adopted and programs undertaken and an assessment of the impact thereof shall be submitted by the LGUs to the DILG.

SEC. 31. Evidence-Informed Sectoral Policy and Planning for UHC. - (a) All public and private, national and local health-related entitiees shall be required to submit health and health-related data to PhilHealth including, among others, administrative, public health, medical, pharmaceutical and health financing data: Provided, That PhilHealth shall furnish the DOH a copy of the health data: Provided, further, That these shall be used for the purpose of generating information to guide research and policy-making: Provided, finally, That the DOH shall strengthen its research capability by supporting health systems development and reform initiatives through policy and systems research, and shall support the growth of research consortia in line with the vision of the Philippine National Health Research System.

(b) The DOH and Department of Science and Technology (DOST) shall develop a cadre of policy systems researchers, technical experts and managers by providing training grants in globally-benchmarked institutions: Provided, That grantees shall be required to serve for at least three (3) full years, under supervision and with compensation, in DOH, PhilHealth and other relevant government agencies: Provided, further, That those who will serve for additional two (2) years, shall be provided with additional incentives as determined by the agency concerned.

(c) All health, nutrition and demographic-related administrative and survey data generated using public funds shall be considered public records and be made accessible to the public unless otherwise prohibited by law: Provided, That any person who requests a copy of such public records may be required to pay the actual costs of reproduction and copying of the requested public records.

(d) Participatory action researches on cost-effective, high-impact interventions for health promotion and social mobilization shall form part of the national health research agenda of the Philippine National Health Research System which shall also be mandated to provide adequate funding support for the conduct of these researches.

[3] Universal Health Care Act [5]

R.A. No. 11199 - Social Security Act of 2018 [2]

noreply@blogger.com (Jess Villarin Quijano) — Fri, 08 Feb 2019 07:28:00 +0000

SEC. 4. Powers and Duties of the Commission and SSS. -

(a) The Commission. - For the attainment of its main objectives as set forth in Section 2 hereof, the Commission shall have the following powers and duties:

(1) To formulate, adopt, amend and/or rescind such rules and regulations as may be necessary to carry out the provisions and purposes of this Act;

(2) To establish a Provident Fund for the members which will consist of contributions of employers and employees, self-employed, OFW and voluntary members based on (i) the SSS contribution rate in excess of twelve percent (12%), or (ii) monthly salary credit in excess of Twenty thousand pesos (P20,000.00) up to the prescribed maximum monthly salary credit and their earnings, for payment of benefits to such members or their beneficiaries in addition to the benefits provided for under this Act: Provided, That a member may contribute voluntarily in excess of the prescribed SSS contribution rate and/or the maximum monthly salary credit, subject to such rules and regulations as the Commission may promulgate:

(3) To maintain a Provident Fund which consists of contributions made by both the SSS and its officials and employees and their earnings, for the payment of benefits to such officials and employees or their heirs under such terms and conditions as it may prescribe;

(4) To conduct continuing actuarial and statistical studies and valuations to determine the financial condition of the SSS and taking into consideration such studies and valuations and the limitations herein provided, to readjust the benefits, contributions, premium rates, interest rates or the allocation or reallocation of the funds to the contigencies covered;

(5) To approve restructuring proposals for the payment of due but unremitted contributions and unpaid loan amortizations under such terms and conditions as it may prescribe;

(6) To authorize cooperatives registered with the Cooperative Development Authority or associations registered with the appropriate government agency to act as collecting agents of the SSS with respect to their members: Provided, That the SSS shall accredit the cooperative or association: Provided, further, That the persons authorized to collect are bonded;

(7) To compromise or release, in whole or in part, any interest, penalty or any civil liability to SSS in connection with the investments authorized under Section 26 hereof, under such terms and conditions as it may prescribe;

(8) Any law to the contrary notwithstanding, to condone, enter into a compromise or release, in whole or in part, such penalties imposed upon delinquent social security contributions regardless of the amount involved under such valid terms and conditions it may prescribe through rules and regulations when the financial position of the employer demonstrates a clear inability to pay the assessed delinquency arising from economic crisis, serious business losses or financial reverses, or resulting fro natural calamity or man-made disaster without fault on the part of the employer.

Provided, That the Social Security Commission shall, immediately after the passage of this Act, institute a condonation of penalties of delinquent employers under Republic Act No. 10361, subject to such rules and regulations as the Social Security Commission may provide.

The Commission shall submit to the Office of the President of the Philippines, the Senate and the House of Representatives an annual report on the exercise of the powers under this provision, stating therein the following facts and information, among others: names and addresses of employers whose penalty delinquencies have been subjected to compromise or condonation; amount involved; amount compromised or condoned and the underlying reasons and justification thereon, to determine that said powers are reasonably exercised and that the SSS is not unduly prejudiced;

(9) To implement the rate of contributions as well as the minimum and maximum monthly salary credits in accordance with the following schedule effective January of the year of implementation as follows:

-->

Contribution Rate	Share		Monthly Salary Credit
Contribution Rate	Employer	Employee	Minimum	Maximum
12%	8%	4%	P2,000.00	P20,000.00
12%	8%	4%	P2,000.00	P20,000.00
13%	8.50%	4.50%	P3,000.00	P25,000.00
13%	8.50%	4.50%	P3,000.00	P25,000.00
14%	9.50%	4.50%	P4,000.00	P30,000.00
14%	9.50%	4.50%	P4,000.00	P30,000.00
15%	10%	5%	P5,000.00	P35,000.00

Provided, That the domestic workers of "kasambahays" as defined under Republic Act No. 10361 or the Batas Kasambahay who are receiving a monthly income lower than minimum monthly salary credit prescribed under this Act shall pay contributions based on their actual monthly salary: Provided, further, That members, who are subject to compulsory coverage and receiving a monthly income lower than the minimum monthly salary credit or more than the maximum monthly salary credit, and their employers, shall pay the SSS contributions based on the current minimum monthly salary credit or the maximum monthly salary credit, respectively, as provided in this Act.

The rate of penalty on unpaid loan amortizations shall be determined and fixed by the Commission from time to time through rules and regulations on the basis of applicable actuarial studies, rate of benefits, inflaction, and other relevant socio-economic data;

(10) To develop and administer a special social security program for workers, with unique economic, social, and geographic situations, as determined by the Commission: Provided, That the program may have different contributions and benefits that are proportionately calculated which must be fair, equitable, actuarially sound and viable: Provided, further, That the special program shall enjoy the same legal privileges as the regular social security program; and

(11) To approve, confirm, pass upon or review any and all actions of the SSS in the proper and necessary exercise of its powers and duties hereinafter enumerated.

(b) The Social Security System. - Subject to the provision of Section 4. Subsection (a)(11) hereof, the SSS shall have the following powers and duties:

(1) To submit annually not later than April 30, a public report to the President of the Philippines and to the Congress of the Philippines covering its activities in the administration and enforcement of this Act during the precding year including information and recommendations on broad policies for the development and perfection of the program of the SSS;

(2) To require the Chief Actuary to submit a valuation report on the SSS benefit program every three (3) years, or more frequently as may be necessary, to undertake the necessary actuarial studies and calculations concerning increases in benefits taking into account inflation and the financial stability of the SSS, the individual income gap and poverty threshold for the elderly, similar benefits provided by other social protection programs of the government: and to provide for feasible increases in benefits every four (4) years, including the addition of new ones, under such rules and regulations as the Commission may adopt: Provided, That the actuarial soundness of the reserve fund shall be guaranteed;

(3) To establish offices of the SSS to cover as many provinces, cities and congressional districts, including foreign countries whenever and wherever it may be expedient, necessary and feasible, and to inspect or cause to be inspected periodically such offices;

(4) To enter into agreements or contracts for such service and aid, as may be needed for the proper, efficient and stable administration of the SSS;

(5) To adopt or approve the annual and supplemental budget of receipts and expenditures including salaries and allowances of the SSS personnel, against all funds available to the SSS under this Act, and to authorize such capital and operating expenditures and disbursements of the SSS as may be necessary and proper for the effective management and operation of the SSS;

(6) To set up its accounting system and provide the necessary pernnel therefor;

(7) To require reports, compilation and analyses of statistical and economic data and to make investigations as may be needed for the proper administration and development of the SSS;

(8) To acquire, develop and dispose of property, real or personal, on its own, or through a joint venture arrangement with the public and/or private sector, which may be necessary or expedient for the attainment of the purposes of this Act;

No injunction or restraining order issued by any court, tribunal or office shall bar, impede or delay the sale, development or disposition by the SSS of its property except on question of ownership and national or public interest;

(9) To acquire, receive, or hold, by way of purchase, expropriation or otherwise, public or private property for the purpose of undertaking housing projects preferably for the benefit of low-income members and for the maintenance of hospitals and institutions for the sick, aged and disabled, as well as schools for the members and their immediate families;

(10) To enter into agreement with the GSIS or any other entity, enterprise, corporation or partnership for the benefit of members transferring from one system to another subject to the provision of Republic Act No. 7699, otherwise known as the Portability Law;

(11) To sue and be sued in court; and

(12) To perform such other corporate acts as it may deem appropriate for the proper enforcement of this Act.

[1] Social Security Act of 2018 [3]

R.A. No. 11199 - Social Security Act of 2018 [3]

noreply@blogger.com (Jess Villarin Quijano) — Thu, 07 Feb 2019 09:21:00 +0000

SEC. 5. Settlement of Disputes. - (a) Any dispute arising under this Act with respect to coverage, benefits, contributions and penalties thereon or any other matter related thereto, shall be cognizable by the Commission, and any case filed with respect thereto shall be heard by the Commission, or any of its members, or by hearing officers duly authorized by the Commission and decided within the mandatory period of twenty (20) days after the submission of the evidence. The filing, determination and settlement of disputes shall be governed by the rules and regulations promulgated by the Commission.

(b) Appeal to Court. - Any decision of the Commission, in the absence of an appeal therefrom as herein provided, shall become final and executory fifteen (15) days after the date of notification, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has exchausted his remedies before the Commission. The Commission shall be deemed to be a party to any judicial action involving any such decision, and may be represented by an attorney employed by the Commission, or when requested by the Commission, by the Solicitor General or any public prosecutor.

(c) Court Review. - The decision of the Commission upon any disputed matter may be reviewed both upon the law and the facts by the Court of Appeals. For the purpose of such review, the procedure concerning appeals from the Regional Trial Court shall be followed as far as practicable and consistent with the purposes of this Act. Appeal from a decision of the Commission must be taken within fifteen (15) days from notification of such decision. If the decision of the Commission involves only question of law, the same shall be reviewed by the Supreme Court. No appeal bond shall be required. The case shall be hard in a summary manner, and shall take precedence over all cases, except that in the Supreme Court, criminal cases wherein life imprisonment or death has been imposed by the trial court shall take precedence. No appeal shall act as supersedeas or a stay of the order of the Commission unless the Commission itself, or the Court of Appeals or the Supreme Court, shall so order.

(d) Execution of Decisions. - The Commission may, motu proprio or on motion of any interested party, issue a writ of execution to enforce any of its decisions or awards, after it has become final and executory, in the same manner as the decision of the Regional Trial Court by directing the city or provincial sheriff or the sheriff whom it may appoint to enforce such final decision or execute such writ: and any person who shall fail or refuse to comply with such decision, award or writ, after being required to do so shall, upon application by the Commission pursuant to Rule 71 of the Rules of Court, be punished for contempt.

[2] Social Security Act of 2018 [4]

R.A. No. 11210 - 105-Day Expanded Maternity Leave Law [2]

noreply@blogger.com (Jess Villarin Quijano) — Tue, 16 Oct 2018 05:13:00 +0000

(b) An additional maternity leave of thirty (30) days, without pay, can be availed of, at the option of the female worker: Provided, That the employer shall be given due notice, in writing, at least forty-five (45) days before the end of her maternity leave: Provided, further, That no prior notice shall be necessary in the event of a medical emergency but subsequent notice shall be given to the head agency.

(c) Workers availing of the maternity leave period and benefits must receive their full pay. Employers from the private sector shall be responsible for payment of the salary differential between the actual cash benefits received from the SSS by the covered female workers and their average weekly or regular wages, for the entire duration of the maternity leave, with the following exceptions, subject to the guidelines to be issued by the Department of Labor and Employment (DOLE):

(1) Those operating distressed establishments;

(2) Those retail/service establishments and other enterprises employing not more than ten (10) workers;

(3) Those considered as micro-business enterprises and engaged in the production, processing, or manufacturing of products or commodities including agro-processing, trading, and services, whose total assets are not more than Three million pesos (P3,000,000.00); and

(4) Those who are already providing similar or more than the benefits herein provided.

Provided, That said exemptions shall be subject to an annual submission of a justification by the employer claiming exemption for the approval of the DOLE.

SEC. 6. Allocation of Maternity Leave Credits. - Any female worker entitled to maternity leave benefits as provided for herein may, at her option, allocate up to seven (7) days of said benefits to the child's father, whether or not the same is married to the female worker: Provided, That in the death, absence, or incapacity of the former, the benefit may be allocated to an alternate caregiver who may be a relative within the fourth degree of consanguinity or the current partner of the female worker sharing the same household, upon the election of the moher taking into account the best interests of the child: Provided, further, That written notice thereof is provided to the employers of the female worker and alternate caregiver: Provider, furthermore, That this benefit is over and above that which is provided under Republic Act No. 8187, or the "Paterity Leave Act of 1996:" Provided, finally, That in the event the beneficiary female worker dies or is permanently incapacitated, the balance of her maternity leave benefits shall accrue to the father of the child or to a qualified caregiver as provided above.

SEC. 7. Maternity Leave for Women Regardless of Civil Status. - All female workers in the government and female members of the SSS, regardless of their civil status, shall be granted maternity leave, with full pay, upon compliance with the preceding section.

SEC. 8. Maternity Leave With Pay in Case of Childbirth, Miscarriage, or Emergency Termination of Pregnancy After the Termination of an Empleeyee's Service. - Maternity leave with full pay shall be granted even if the childbirth, miscarriage, or emergency termination of pregnancy occurs not more than fifteen (15) calendar days after the termination of an employee's service, as her right thereto has already accrued: Provided, That such period is not applicable when the employment of the pregnant woman worker has been terminated without just cause, in which case the employer will pay her the full amount equivalent to her salary for one hundred five (105) days for childbirth and sixty (60) days for miscarriage or emergency termination of pregnancy based on her full pay, in addition to the other applicable daily cash maternity benefits that she should have received had her employment not been illegally terminated.

SEC. 9. Maternity Leave Credits. - The maternity leave can be credited as combinations of prenatal and postnatal leave as long as it does not exceed one hundred five (105) days and provided that compulsory postnatal leave shall not be less than sixty (60) days.

SEC. 10. Maternity Leave Benefits for Women in the Informal Economy and Voluntary Contributors to the SSS. - Maternity benefits shall cover all married and unmarried women, including female workers in the informal economy.

Female workers in the informal economy are entitled to maternity leave benefits if they have remitted to the SSS at least three (3) monthly contributions in the twelve (12)-month period immediately precding the semester of her childbirth, miscarriage, or emergency termination of pregnancy.

SEC. 11. Maternity Benefits for Female Workers Who are Non-Members of the SSS. - Female workers who are neither voluntary nor regular members of the SSS shall be governed by the Philippine Health Insurance Corporation (PhilHealth) Circular No. 022-2014 or the "Social Health Insurance Coverage and Benefits for Women About to Give Birth."

SEC. 12. Maternity Leave of Female Worker With Pending Administrative Case. - The maternity leave benefits granted under this Act shall be enjoyed by a female worker in the government service and in the private sector even if she has a pending administrative case.

SEC. 13. Maternity Leave for Female National Athletes. - In the event a national athlete becomes pregnant, she will be referred to the team physician or an accredited physician of the Philippine Sports Commission (PSC) or an obstetrician-gynecologist to determine her fitness to continue training. She will be allowed to participate in all team-related activities, unless the physician advises that participation is not medically safe or should be limited. Upon medical advice, she shall go on maternity leave until cleared to return to training. She shall continue receiving her allowance and be entitled to the same benefits while on maternity leave prior to childbirth and up to six (6) months ater, unless she can resume sooner as advised by her physician, in which case, she will be entitled to the allowance and benefits she had piror to pregnancy: Provided, That a female national athlete employed in the public sector shall not receive double compensation or benefits.

SEC. 14. Non-Diminution of Benefits. - Nothing in this Act shall be construed as to diminish existing maternity benefits currently enjoyed whether or not these are granted under collective bargaining agreements (CBA) or present laws, if the same are more beneficial to the female worker. Any other working arrangement which the female worker shall agree to, during the additional maternity leave period, shall be allowed: Provided, That this shall be consented to in writing by the female worker and shall primarilty uphold her maternal functions and the requirements of postnatal care.

SEC. 15. Security of Tenure. - Those who avail of the benefits of this Act, whether in the government service or private sector, shall be assured of security of tenure. As such, the exerciese of this option by them shall not be used as basis for demotion in employment or termination. The transfer to a parallel position or reassignment from one organizational unit to another in the same agency or private enterprise shall be allowed: Provided, That it shall not involve a reduction in rank, status, salary, or otherwise amount to constructive dismissal.

SEC. 16. Non-Discrimination. - No employer whether in the public or private secto shall discriminate against the employmet of women in order to avoid the benefits provided for in this Act.

SEC. 17. Periodic Review - The Civil Service Commission (CSC), the DOLE, the SSS, and the Gender Ombud of the Commission on Human Rights (CHR), in consultation with trade unions, labor organizations, and employers' representatives shall within one (1) month after the effectivity of this Act conduct review of the maternity leave benefits of female workers in the government service and the private sector, respectively. Thereafter, they shall include maternity leave benefits in their valuation report conducted every four (4) years for the SSS and the DOLE and every three (3) years for the CSC, or more frequently as may be necessary, with the end in view of meeting the needs of pregnant women and newly-born infants, and impoving their welfare.

SEC. 18. Penalties. - Whoever fails or refuses to comply with the provisions of this Act shall be punished by a fine of not less than Twenty thousant pesos (P20,000.00) nor more than Two hundred thousant pesos (P200,000.00), and imprisonment of not less than six (6) years and one (1) day nor more than twelve (12) years or both. If the act or omission penalized by this Act shall be committed by an association, partnership, corporation, or any other institution, its managing head, directors, or partners shall e liable to the penalties provided in this Act for the offense.

Failure on the part of any association, partnership, corporation, or private enterprise to comply with the provisions of this Act shall be a ground for on-renewal of business permits.

SEC. 19. Implementing Rules and Regulations. - The CSC, the DOLE, and the SSS shall issue the necessary rules and regulations for the effective implementation of this Act within sixty (60) days from the effectivity of the same.

SEC. 20. Separability Clause. - If any provision of this Act is declared unconstitutional or otherwise invalid, the validity of the other provisions shall not be affected thereby.

SEC. 21. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 22. Effectivity. - This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

(Sgd) GLORIA MACAPAGAL-ARROYO (Sgd) VICENTE C. SOTTO III

Speaker of the House President of the Senate

of Representatives

This Act which is a consolidate of Senate Bill No. 1305 and House Bill No. 4113 was passed by the Senate and the House of Representatives on Novemer 14, 2018 and November 19, 2018, respectively.

(Sgd) DANTE ROBERTO P. MALING (Sgd) MYRA MARIE D. VILLARICA

Acting Secretary General Secretary of the Senate

House of Representatives

Approved: FEB. 20, 2019

(Sgd) RODRIGO ROA DUTERTE

President of the Philippines

R.A. 11210. 105-Day Expanded Maternity Leave Law - 1 | 2

R.A. 10154 - Early Release of Retirement Pay, Pensions, Gratuities and Benefits

noreply@blogger.com (Jess Villarin Quijano) — Mon, 13 Feb 2012 11:24:00 +0000

Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Metro Manila

Fifteenth Congress

First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand then.

REPUBLIC ACT No. 10154

AN ACT REQUIRING ALL CONCERNED GOVERNMENT AGENCIES TO ENSURE THE EARLY RELEASE OF THE RETIREMENT PAY, PENSIONS, GRATUITIES AND OTHER BENEFITS OF RETIRING GOVERNMENT EMPLOYEES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Declaration of State Policy. -- It is hereby declared that it is the policy of the State to ensure the timely and expeditious release of the retirement pay, pensions, gratuities and other benefits of all retiring employees of the government. Public officers and employees who have spent the best years of their lives serving the government and the public should not be made to wait to receive benefits which are due to them under the law. Accordingly, it is hereby mandated that highest priority shall be given to the payment and/or settlement of the pensions, gratuities and/or other retirement benefits of retiring government employees.

Section 2. Period for Release of Retirement Benefits. -- The head of the government agency concerned, the President and other responsible officers of the Government Service Insurance System (GSIS), the President and other responsible officers other Home Development Mutual Fund (Pag-IBIG Fund) and/or the Secretary and other responsible officers of the Department of Budget and Management (DBM) shall ensure the release of the retirement pay, pensions, gratuities, and other benefits of a retiring government employee within a period of thirty (30) days from the date of the actual retirement of said employee: Provided, That all requirements are submitted to the concerned government agency at least ninety (90) days prior to the effective date of retirement: Provided, further, That in the case of the GSIS, it shall pay the retirement benefits of the retiring employee on his/her last day of his/her service to the government, pursuant to the GSIS Charter.

Section 3. Retiring Employees With Pending Cases. -- In the case of retiring government employees with pending cases and whose retirment benefits are being lawfully withheld due to possible pecuniary liability, the head of the agency where such case is pending shall ensure that the said case shall be terminated and/or resolved within a period of three (3) months from the date of the retirement of the concerned employee: Provided, That in case the concerned agency fails to terminate and/or resolve the case within the said period without any justifiable reason(s), the retirement benefits due to the employee shall be immediately released to him/her without prejudice to the ultimate resolution of the case, except, when the delay is deliberately caused by the retiring employee.

Section 4. Coverage. -- This Act shall cover all branches, agencies and/or instrumentalities of the government, including government-owned and/or controlled corporations (GOCCs), excluding personnel of the Armed Forces of the Philippines, and shall be applicable both to applications for compulsory retirement and optional or early retirement as authorized by law.

Section 5. Penal Provisions. -- The unjustified failure and/or refusal to release the pension, gratuities and other retirement benefits due to a retiring government employee within the periods prescribed above or to comply with any provision of this Act shall be a ground for the filing of administrative disciplinary action against the erring officer(s) and/or employee(s). Such erring officer(s) and/or employee(s) shall, after hearing and due proceedings, be penalized with suspension from the service without pay from six (6) months to one (1) year, at the discretion of the disciplining authority.

This penalty shall not apply if the release of the retirement benefits could not be accomplished due to force majeure and other insuperable causes. In such cases, the thirty (30)-day period shall be counted from the time such cause(s) cease(s) to exist.

Section 6. Implementing Rules and Regulations. -- The Civil Service Commission (CSC), after consultation and coordination with the government agencies and/or instrumentalities affected by this Act, including, but not limited to, the GSIS, the Pag-IBIG Fund, the Constitutional Commissions, the Legislature and the Judiciary, as well as the Office of the Government Corporate Counsel (OGCC) and the Department of the Interior and Local Government (DILG), shall promulgate and issue the appropriate rules and regulations for the proper implementation of this Act.

Such rules and regulations shall include provisions prescribing uniform periods for the advance filing of retirement applications in the different agencies concerned, as well as standard period for the processing and release of claims for retirement benefits, gratuities and allowances which will pinpoint responsibility in case of delay in release thereof.

Section 7. Separability Clause. -- If any provision, part or portion of this Act shall be held as invalid, the provisions, parts or portions of this Act not otherwise affected thereby shall remain valid and effective.

Section 8. Repealing Clause. -- All laws, executive issuances, orders and rules and regulations contrary to or inconsistent with the provisions of this Act or any part thereof are hereby repealed, amended and/or modified accordingly.

Section 9. Effectivity. -- This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation in the country.

Approved.

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE
Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 2748 and House Bill No. 3862 was finally passed by the Senate and the House of Representatives on May 30, 2011 and June 1, 2011, respectively.

(Sgd.) EMMA LIRIO REYES (Sgd.) MARILYN B. BARUA-YAP
Secretary of Senate Secretary General
House of Representatives

APPROVED: (July 14, 2011)

(Sgd.) BENIGNO SIMEON C. AQUINO III

President of the Philippines

Rights of Union Members

noreply@blogger.com (Jess Villarin Quijano) — Sat, 11 Feb 2012 06:57:00 +0000

The rights and conditions of membership laid down in Art. 241 of the Labor Code of the Philippines, as amended, may be summarized as follows:

(1) Political right -- the member's right to vote and be voted for, subject to lawful provisions on qualifications and disqualifications.

(2) Deliberative and decision-making right -- the member's right to participate in deliberations on major policy questions and decide them by secret ballot.

(3) Rights over money matters -- the member's right against excessive fees; the right against unauthorized collection of contributions or unauthorized disbursement; the right to require adequate records of income and expenses and the right of access to financial records; the right to vote on officers' compensation; the right to vote on proposed special assessments and be deducted a special assessment only with the member's written authorization.

(4) Right to information -- the member's right to be informed about the organization's constitution and by-laws and the collective bargaining agreement and about labor laws.

These are rights as union members. As employees, the union members retain the right to directly present grievances to the employer at any time. This right is protected in Article 255, last sentence.

Laws Protecting Women Workers

noreply@blogger.com (Jess Villarin Quijano) — Thu, 24 Nov 2011 12:20:00 +0000

Justice Regalado, in the case of Philippine Telegraph and Telephone Co. vs. NLRC, et al., (G.R. No. 118978, May 23, 1997) paints a canvas of Philippine laws extending protection to women workers.

"The Constitution, cognizant of the disparity in rights between men and women in almost all phases of social and political life, provides a gamut of protective provisions. To cite a few of the primordial ones, Section 14, Article II on the Declaration of Principles and State Policies, expressly recognizes the role of women in nation-building and commands the State to ensure, at all times, the fundamental equality before the law of women and men.

"Corollary thereto, Section 3 of Article XIII (the progenitor whereof dates back to both the 1935 and 1973 Constitution) pointedly requires the State to afford full protection to labor and to promote full employment and equality of employment opportunities for all, including an assurance of entitlement to tenurial security of all workers.

"Similarly, Section 14 of Article XIII mandates that the State shall protect working women through provisions for opportunities that would enable them to reach their full potential.

"Corrective labor and social laws on gender inequality have emerged with more frequency in the years since the Labor Code was enacted on May 1, 1974 as Presidential Decree No. 442, largely due to our country's commitment as a signatory to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

"Principal among these laws are Republic Act No. 6727 which explicitly prohibits discrimination against women with respect to terms and conditions of employment, promotion, and training opportunities. Republic Act No. 6955 which bans the "mail-order-bride" practice for a fee and the export of female labor to countries that cannot guarantee protection to the rights of women workers.

"Republic Act No. 7192, also known as the 'Women in Development and Nation Building Act,' which affords women equal opportunities with men to act and to enter into contracts, and for appointment, admission, training, graduation, and commissioning in all military or similar schools of the Armed Forces of the Philippines and the Philippine National Police.

"Republic Act No. 7322 increasing the maternity benefits granted to women in the private sector. Republic Act No. 7877 which outlaws and punishes sexual harassment in the workplace and in the education and training environment; and Republic Act No. 8042, or the 'Migrant Workers and Overseas Filipinos Act of 1995,' which prescribes as a matter of policy, inter alia, the deployment of migrant workers, with emphasis on women, only in countries where their rights are secure.

"Likewise, it would not be amiss to point out that in the Family Code, women's rights in the field of evil law have been greatly enhanced and expanded.

"In the Labor Code, provisions governing the rights of women workers are found in the Articles 130 to 138 thereof."

ART. 130. Nightwork Prohibition. -- No woman, regardless of age, shall be employed or permitted or suffered to work, with or without compensation:

(a) In any industrial undertaking or branch thereof between ten o'clock at night and six o'clock in the morning of the following day; or

(b) In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and six o'clock in the morning of the following day; or

(c) In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine (9) consecutive hours.

ART. 131. Exceptions. -- The prohibitions prescribed by the preceding Article shall not apply to any of the following cases:

(a) In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety;

(b) In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer;

(c) Where the work is necessary to prevent serious loss of perishable goods;

(d) Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare service;

(e) Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers;

(f) Where the women employees are immediate members of the family operating the establishment or undertaking; and

(g) Under other analogous cases exempted by the Secretary of Labor in appropriate regulations.

ART. 132. Facilities for Women. -- The Secretary of Labor shall establish standards that will insure the safety and health of women employees. In appropriate cases, he shall by regulations, require employers to:

(a) Provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency;

(b) To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women;

(c) To establish a nursery in a workplace for the benefit of the woman employees therein; and

(d) To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like.

R.A. No. 10023 - An Act Authorizing the Issuance of Free Patents to Residential Lands

noreply@blogger.com (Jess Villarin Quijano) — Wed, 14 Sep 2011 02:38:00 +0000

Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Metro Manila

Fourteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT No. 10023

AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTIAL LANDS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Qualifications. - Any Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent Title under this Act: Provided; That in highly urbanized cities, the land should not exceed two hundred (200) square meters; in other cities, it should not exceed five hundred (500) square meters; in first class and second class municipalities, it should not exceed seven hundred fifty (750) square meters; and in all other municipalities, it should not exceed one thousand (1,000) square meters; Provided, further, That the land applied for is not needed for public service and/or public use.

Section 2. Coverage. - This Act shall cover all lands that are zoned as residential areas, including townsites as defined under the Public Land Act; Provided, That none of the provisions of Presidential Decree No. 705 shall be violated.

Zoned residential areas located inside a delisted military reservation or abandoned military camp, and those of local government units (LGUs) or townsites which preceded Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) law, shall also be covered by this Act.

Section 3. Application. - The application on the land applied for shall be supported by a map based on an actual survey conducted by a licensed geodetic engineer and approved by the Department of Environment and Natural Resources (DENR) and a technical description of the land applied for together with supporting affidavit of two (2) disinterested persons who are residing in the barangay of the city or municipality where the land is located, attesting to the truth of the facts contained in the application to the effect that the applicant thereof has, either by himself or through his predecessor-in-interest, actually resided on and continuously possessed and occupied, under a bona fide claim of acquisition of ownership, the land applied for at least ten (10) years and has complied with the requirements prescribed in Section 1 hereof.

Section 4. Special Patents. - Notwithstanding any provision of law to the contrary and subject to private rights, if any, public land actually occupied and used for public schools, municipal halls, public plazas or parks and other government institutions for public use or purpose may be issued special patents under the name of the national agency or LGU concerned: Provided, That all lands titled under this section shall not be disposed of unless sanctioned by Congress if owned by the national agency or sanctioned by the sanggunian concerned through an approved ordinance if owned by the LGU.

Section 5. Removal of Restrictions. - The restrictions regarding encumbrances, conveyances, transfers or dispositions imposed in Sections 118, 119,121, 122 and 123 of Chapter XII, Title VI of Commonwealth Act No. 141 as amended, shall not apply to patents issued under this Act.

Section 6. Period for Application. - All applications shall be filed immediately after the effectivity of this Act before the Community Environment and Natural Resources Office (CENRO) of the DENR. The CENRO is mandated to process the application within one hundred and twenty (120) days to include compliance with the required notices and other legal requirements, and forward this recommendation to the Provincial Environment and Natural Resources Office (PENRO), who shall have five (5) days to approve or disapprove the patent. In case of approval, patent shall be issued; in case of conflicting claims among different claimants, the parties may seek the proper judicial remedies.

Section 7. Implementing Rules and Regulations. - The Director of the Land Management Bureau of the Department of Environment and Natural Resources (DENR) shall promulgate rules and regulations to carry out the provisions of this Act, and shall see to it that such are gender responsive.

Section 8. Repealing Clause. - All laws, decrees, executive order, executive issuance's or letters of instruction, rules and regulations or any part thereof inconsistent with or contrary to the provisions of this Act are hereby deemed repealed, amended or modified accordingly.

Section 9. Separability Clause. - If, for any reason or reasons, any part or parts of this Act shall be declared unconstitutional or invalid by any competent court, other parts of this Act shall be thereby shall continue to be in full force and effect.

Section 10. Effectivity Clause. - This Act shall take effect fifteen days (15) after its publication in two (2) national newspapers of general education.

Approved

(Sgd.) JUAN PONCE ENRILE

President of the Senate

(Sgd.) PROSPERO C. NOGRALES

Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5618 and Senate Bill No. 3429 was finally passed by the House of Representatives and Senate on December 18, 2009.

(Sgd.) EMMA LIRIO-REYES

Secretary of Senate

(Sgd.) MARILYN B. BARUA-YAP

Secretary General

House of Representatives

Approved: March 9, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

ATTY. GODOFREDO "Boy" SEÑIRES, JR JOINS HIS MAKER

noreply@blogger.com (Jess Villarin Quijano) — Sun, 24 Apr 2011 13:07:00 +0000

GODOFREDO "Boy" SEÑIRES, JR.

GODOFREDO "Boy" V. Senires, Jr. joined our Creator last 23 April 2011 at 1235am while confined at the V. Luna General Hospital in Quezon City.

His medical certificate reported: "ARF Type I secondary obstructive pneumonia non-small cell lung adeno, CA stage IV bone metastasize CVD Infarct, Parietal lobe left S/P chemotheraphy C2; Gastro-duodenal ulcer."

He now lies peacefully at HABAKKUK ROOM, St. Peter Chapel, Quezon Ave., QC.

His last mass and final sacraments will be given to him on the 30th of April, 2011 at 9:00am. Afterwhich, we will comply with one of his last wishes to be cremated immediately after.

He will be joining the final resting place of my grandfather: GODOFREDO "Godong" B. Senires, Sr., at the Manila Memorial Park, Sucat, Pque.

We, therefore ask all relatives and those that have been part of his life to pray for the repose of his soul.

He was the pillar of our family from whom we find strength.

Pahinga ka na, Dy. We love you very, very much! We will surely miss you.

- Janeth D. Lim-Señires

Who are covered the employees’ right to self-organization?

noreply@blogger.com (Jess Villarin Quijano) — Sat, 19 Dec 2009 15:30:00 +0000

The Labor Code of the Philippines, Article 243, provides thus:

ART. 243. Coverage and Employees’ Right to Self-Organization. – All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical or educational institutions whether operating for profit or not, shall have the right to self-organization and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining. Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection.

Consistent with the Constitutional mandate, Article 243 of the Code allows “all persons employed in commercial, industrial and agricultural enterprises” to form, join or assist labor organizations of their own choosing for purposes of collective bargaining.

The right is extended even to those employed in traditionally non-profit organizations like religious, charitable, medical or educational institutions. This extension of the right departs from the policy under the old Industrial Peace Act (R.A. No. 875) which withheld the right to organize from employees of non-profit firms.

But the seemingly all-inclusive coverage of “all persons” in Article 243 actually admits of exceptions.

Under Art. 244, for instance, all employees in the civil service, that is, those not employed in government corporations established under the Corporation Code, may only form associations but may not collectively bargain on employment terms and conditions fixed by law.

Similarly, under Art. 245, managerial employees, regardless of the kind of organization where they are employed, may not join, assist or form any labor organization.

Accordingly, managerial employees cannot, in the absence of an agreement to the contrary, be allowed to share in the concessions obtained by the labor union through collective negotiation. Otherwise, they would be exposed to the temptation of colluding with the union during the negotiations to the detriment of the employer. (Martinez vs. NLRC, GMCR Inc. and M.A. Javier, G.R. No. 118743, October 12, 1998)

However, there is nothing to prevent the employer from granting benefits to managerial employees equal to or higher than those afforded to union members.

Supervisors are allowed to organize, but they cannot form, join or assist a rank-and-file union.

More exceptions to the right to organize can be found in court decisions, however.

"Wage" and "Salary" Defined

noreply@blogger.com (Jess Villarin Quijano) — Thu, 12 Nov 2009 12:06:00 +0000

The term "wages," as distinguished from "salary," applies to the compensation for manual labor, skilled or unskilled, paid at stated times, and measured by the day, week, month, or season, while "salary" denotes a higher degree of employment, or a superior grade of services, and implies a position or office; by contrast, the term "wages" indicates inconsiderable pay for a lower and less responsible character of employment, while "salary" is suggestive of a larger and more permanent or fixed compensation for more important service.

By some of the authorities, it has been noted that the word "wages" in its ordinary acceptance, has a less extensive meaning than the word "salary," "wages" being ordinarily restricted to sums paid as hire or reward to domestic or menial servants and to sums paid to artisans, mechanics, laborers, and other employees of like class, as distinguished from the compensation of clerks, officers of public corporations, and public offices.

In many situations, however, the words "wages" and "salary" are synonymous. (35 Am. Jur., Sec. 63, pp. 496-497)

Our Supreme Court reached the same conclusion, i.e., the words "wages" and "salary" are in essence synonymous.

Wage Includes Sales Commissions

noreply@blogger.com (Jess Villarin Quijano) — Wed, 11 Nov 2009 10:21:00 +0000

"Salary," the etymology of which is the Latin word "salarium," is often used interchangeably with "wage," the etymology of which is the Middle English word "wagen."

Both words generally refer to one and the same meaning, that is, a reward or recompense for services performed. Likewise, "pay" is the synonym of "wages" and "salary."

Inasmuch as the words "wage," "pay" and "salary" have the same meaning, and commission is included in the definition of "wage," the logical conclusion is, in the computation of the separation pay, the salary base should include also the earned sales commissions. (Songco, et al. vs. National Labor Relations Commission, G.R. Nos. 50999-51000, March 23, 1990)

In another case, certain workers received compensation on a percentage commission based on the gross sale of the fish-catch, i.e., 13% of the proceeds of the sale if the total proceeds exceed the cost of the crude oil consumed during the fishing trip, otherwise, only 10% of the proceeds of the sale. Such compensation falls within the scope and meaning of the term "wage" as defined under Article 97(f) of the Labor Code. (Ruga, et al. vs. National Labor Relations Commission, G.R. Nos. 72654-61, Jan. 22, 1990)

Can Bonus Be Withdrawn by the Employer?

noreply@blogger.com (Jess Villarin Quijano) — Mon, 09 Nov 2009 05:06:00 +0000

Even if a bonus is not demandable for not forming part of the wage, salary or compensation of the employee, the same may nevertheless be granted on equitable consideration.

In Philippine Education Co., Inc. vs. Court of Industrial Relations, et al. (92 SCRA 381), the Court ruled:

Taking into consideration the facts and circumstances of the case -- that bonuses had been given to the employees at least in three previous years; that the amount of P90,706.36 has been set aside for payment as bonus to its employees and laborers and the reason for withholding the payment thereof was the strike staged by the employees and laborers for more favorable working conditions which was declared legal by the respondent court -- justice and equity demand that bonus already set aside for its employees and laborers be paid to them.

The award would still be within the ambit of the respondent court's power and function which is mainly to prevent further disputes and perhaps strikes which are so detrimental to both labor and management and to the public weal.

Furthermore, while normally discretionary, the grant of a gratuity or bonus by reason of its long and regular concession, may be regarded as part of regular compensation. (Liberation Steamship Co., Inc. vs. Court of Industrial Relations, et al., G.R. No. L-25389, June 27, 1968, 23 SCRA 1105; National Development Co. vs. Court of Industrial Relations, et al., G.R. No. L-25390, June 27, 1958, 23 SCRA 1106)

In Heacock Co. vs. NLU, et al. (95 Phil. 553), the Court ruled:

"It appears herein that for the year 1947 the Company paid a bonus of one month salary to all its employees, and for the years 1948 and 1949, realizing necessary profits, it also paid a bonus to its executives and heads of departments, omitting only the low-salaried employees. The payment of the bonus in 1947 already generated in the minds of all the employees the fixed hope of receiving the same concession in subsequent years, and on the ground of equity they deserved to be paid the bonus for the years 1948 and 1949, when the Company admittedly realized enough profits.

"The Company insists that its high officials were given bonus for 1948 and 1949 because they had never been granted any salary raise or paid for any overtime work. This is, however, answered by the Union which alleges that no salary increase or overtime pay was necessary for the high officials of the Company, since they have already been receiving adequate compensation.

"The Company also maintains that no valid obligation to pay the bonus in question could arise, because there was no consideration therefor. It is sufficient to state that any extra concession granted by the employer to his employee or laborer is necessarily premised on the need of improving the latter's working conditions to the highest possible level, in return only for the efficient service and loyalty expected from the employee or laborer.

"The decision favorable to the Union may further be predicated upon the case of Philippine Education Company, Inc. vs. Court of Industrial Relations, et al. (48 Off. Gaz. (13) 5278; 92 Phil. 381), in which we held that, even if a bonus is not demandable for not forming part of the wage, salary or compensation of the employee, the same may nevertheless be granted on equitable considerations."

The Heacock ruling, rendered in 1954, reverberated in NWSA vs NWSA Consolidated Labor Union (21 SCRA 203) rendered in 1967. In that case the employer granted Christmas bonus under a collective bargaining agreement up to its expiry in 1959. In 1960, while a labor dispute was pending, the employer again paid the bonus. For 1961, the union pressed again for continuance of the bonus. The employer strongly refused. The Supreme Court held:

"Petitioner disputes the grant of Christmas bonus for the year 1961 and points out that it is purely an act of liberality which may be withheld, considering that the collective bargaining agreement of 1956 under which the employees enjoyed such benefits had already expired. This is true enough, as a matter of law. But this Court has held that "even if a bonus is not demandable for not forming part of the wage, salary or compensation of the employee, the same may nevertheless be granted on equitable considerations" (Heacock Co. vs. National Labor Union, et al., 95 Phil. 553, 559), and the Court of Industrial Relations, "according to the law of its creation, may make an award for the purpose of settling and preventing further disputes."

Respondent Court stated the following considerations, which we believe justify the award:

"There is no question that the respondent's employees and laborers have been enjoying the benefit of Christmas bonus. It is not denied that even during the operation of the corporation under the defunct Metropolitan Water District and since its administration and operation by the respondent Authority, the employees and laborers have been continuously given such benefit. And even while this case was pending, the NWSA granted Christmas bonus in December 1960."

In the 1995 case of Marcos et al. vs. NLRC and Insular Life Assurance Co. (G.R. No. 111744, September 8, 1995), the Court quoted authorities holding that if one enters into a contract of employment under an agreement that he shall be paid a certain salary by the week or some other stated period and, in addition, a bonus, in case he serves for a specified length of time, there is no reason for refusing to enforce the promise to pay the bonus, if the employee has served during the stipulated time, on the ground that it was a promise of mere gratuity.

The Court further said:

This is true if the contract contemplates a continuance of the employment for a definite term, and the promise of the bonus is made at the time the contract is entered into. If no time is fixed for the duration of the contract of employment, but the employee enters upon or continues in service under an offer of a bonus if he remains therein for a certain time, his service, in case he remains for the required time, constitutes an acceptance of the offer of the employer to pay the bonus and, after that acceptance, the offer cannot be withdrawn, but can be enforced by the employee.

The weight of authority in American jurisprudence, with which we are persuaded to agree, is that after the acceptance of a promise by an employer to pay the bonus, the same cannot be withdrawn, but may be enforced by the employee."

Prohibitions Regarding Wages: Wage Deductions

noreply@blogger.com (Jess Villarin Quijano) — Wed, 09 Sep 2009 12:04:00 +0000

The Labor Code of the Philippines, in requiring written authorization as a pre-requisite to wage deductions, seeks to protect the employee against unwarranted practices that would diminish his compensation without his knowledge and consent.

Nonetheless, service fee collected by the Union does not run counter to the express mandate of the law since the same are not unwarranted. Also, the deductions for the union service fee are authorized by law and do not require individual check-off authorizations. [Radio Communications of the Philippines, Inc. vs. Secretary of Labor, G.R. No. 77950, Jan. 9, 1989]

In one case, the question is whether the non-payment of stock subscriptions can be offset against a money claim of an employee against the employer.

The corporation admitted that there was due to the employee the amount of P17,060,07, but this was applied to the unpaid balance of his subscription in the amount of P95,439.93. The employee questioned the set-off alleging that there was no call or notice for the payment of the unpaid subscription and that, accordingly, the alleged obligation was not enforceable.

The Court ruled that the set-off was without lawful basis, if not premature. As there was no notice or call for the payment of unpaid subscriptions, the same is not yet due and payable. Assuming that there was a call for payment of the unpaid subscription, the NLRC cannot validly set it off against the wages and other benefits due the petitioner.

Article 113 of the Labor Code allows such a deduction from the wages of the employees by the employer, only in three instances, to wit:

(a) in cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the amount paid by him as premium on the insurance;

(b) for union dues, in cases where the right of the workers or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned; and

(c) in cases where the employer is authorized by law or regulations issued by the Secretary of Labor. [Apodaca vs. National Labor Relations Commission, et al., G.R. No. 80039, April 18, 1989]

Overseas Employment Policy of the Philippines

noreply@blogger.com (Jess Villarin Quijano) — Sun, 06 Sep 2009 15:36:00 +0000

The export of Filipino labor is an offspring of national poverty. The export of people, instead of products, has come about largely because of the high rate of unemployment and under-employment.

Particularly during the dark, debauched, and deplorable years of the Martial Law presidency, manpower export had to happen to alleviate the twin problems of unemployment and the deficit in the balance of trade.

But the dictatorial government did not even bother to formulate the courses of action that it would take if misfortune should befall its working citizens abroad. And yet, it did not forget to require homeward remittance of their earnings.

Because of the remittances, the so-called stop-gap measure fast evolved to become the country's top dollar-earning industry. Indeed, good sums of money flowed in.

But it was blood money. The remittances were accompanied by accounts of horrendous abuses suffered by Filipino workers in the hands of some foreign employers. The fate of the Contemplacions, the Magas, and the Balabagans woke the government up. Out of these tales of woe, condemned in widespread street demonstrations, the "Migrant Workers and Overseas Filipinos Act of 1995" (R.A. No. 8042) was passed during the Ramos Administration.

R.A. No. 8042

R.A. No. 8042, which was signed on June 7, 1995 and took effect on July 16, 1995, redefines the policy on overseas employment. It states in part:

"While recognizing the significant contribution of Filipino migrant workers to the national economy through their foreign exchange remittances, the State does not promote overseas employment as a means to sustain economic growth and achieve national development. The existence of the overseas employment program rests solely on the assurance that the dignity and fundamental human rights and freedoms of the Filipino citizen shall not, at any time, be compromised or violated. The State, therefore, shall continuously create local employment opportunities and promote the equitable distribution of wealth and the benefits of development." (Sec. 2[c], R.A. No. 8042)

Deployment

Republic Act No. 8042, furthermore, requires certain guarantee of protection for the overseas workers before they are deployed. It states:

SEC. 4. Deployment of Migrant Workers -- The State shall deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. The government recognizes any of the following as a guarantee for the protection of the receiving country for the protection of the rights of overseas Filipino workers:

(a) It has existing labor and social laws protecting the rights of migrant workers;

(b) It is a signatory to multilateral conventions, declarations or resolutions relating to the protection of migrant workers;

(c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Filipino workers; and

(d) It is taking positive, concrete measures to protect the rights of migrant workers.

SEC. 5. Termination or Ban on Deployment -- Notwithstanding the provisions of Section 4 hereof, the government, in pursuit of the national interest or when public welfare so requires, may, at any time, terminate or impose a ban on the deployment of migrant workers.

SOURCE:

Cesario Alvero Azucena, Jr., The Labor Code With Comments and Cases, 1999, p. 44.

Article 97

noreply@blogger.com (Jess Villarin Quijano) — Wed, 12 Aug 2009 10:35:00 +0000

ART. 97. Definition.

As used in this Title: (a) "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons.

(b) "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include the Government and all its branches, subdivision and instrumentalities, all government-owned or -controlled corporations and institutions, as well as non-profit private institutions, or organizations.

(d) "Agriculture" includes farming in all its branches and, among other things, includes the cultivation and tillage of soil, dairying, the production, cultivation, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock or poultry, and any practices performed by a farmer on a farm as an incident to or in conjunction with such farming operations, but does not include the manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or other farm products.

(e) "Employ" includes to suffer or permit to work.

(f) "Wage" paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of Labor, of board, lodging, or other facilities customarily furnished by the employer to the employee. "Fair and reasonable value" shall not include any profit to the employer or to any person affiliated with the employer.