The Social Security System (SSS) ranked as one of the most trusted government agencies in the country and has the fastest turnaround time in resolving Hotline 8888 cases.

Filipinos gave a 94 percent trust rating to the SSS based on the 2017 and fifth Philippine Trust Index (PTI),a survey conducted by the communications agency EON Group.

Social Security Commission (SSC) Chairman Amado D. Valdez welcomed the results of the survey.

“We thank the public for their trust. Rest assured that we strive every day to still give the best level of service that comparable not only in the Philippines but in Southeast Asia. The employers and employees are our partners in forming the people’s capital which we will use for direct investments. This way, our members will see the value of their money and hard work not only thru the development of our country,” Valdez said.(Continued to page 3)

President Rodrigo Roa Duterte on Wednesday, September 6, graced the 60th Founding Anniversary of the Social Security System (SSS) and ordered the state-run firm to ensure that employers pay the contributions of its workers.

“I urge you to intensify the… monitoring of the employers and ensure that they have registered and that they pay their dues contributions,” the Chief Executive said in his speech at the SSS Building in Diliman, Quezon City.

The Chief Executive congratulated the agency on its 60th anniversary and highlighted the unique position of its management and personnel “to directly impact the lives of our people through the services you provide."

“Through the work that you do every day, you manage and

maintain a sound and viable Social Security System, which shall provide social justice and promote meaningful protection for members and their families against disability, sickness, maternity, old age, death and other contingences resulting to the loss of income and financial burden,” he said.

The President commended theSSS for efficiently safeguardingand nurturing the hard-earned contributions of its members “so that we can secure the future for each member as your theme here puts it.”

"The only salvation I think to move forward is really to improve the economy and I am committed to do just that,” he said.

President Duterte concluded his message by calling on Filipinos to work together in empowering the people “so that they may help us in building the foundations of a brighter and more secure future, especially for the marginalized.”

“May this occasion remind us that our workforce is the backbone of our society and their welfare is our primary concern,” Duterte said.

SSS President and Chief Executive Officer (PCEO) Emmanuel F. Dooc, for his part, said that while SSS has reached the usual retirement age of 60, it will never retreat in giving quality service to the Filipino people.

“We want a government that can do or give in a much better and effective way than any other person or institution can render. Sixty years after Ramon Magsaysay’s death and 60 years after SSS was created, our principal guest is the most pro-poor President we’ve ever had. Under his administration, social justice is not only an abstract concept memorized by every law student but a way of life,” Dooc said as he welcomed President Duterte during the event.

Above photo shows President Duterte shaking hands with SSS PCEO Dooc as he arrived at the venue to deliver his keynote address. Also in the photo are (seated from left) Chief Presidential Legal Counsel Salvador Panelo, Labor and Employment Secretary Silvestre Bello III, and Social Security Commission Chairman Dean Amado Valdez.

Photo source: Google Maps

The SSS hailed the Supreme Court’s (SC) issuance of a “status quo ante order” (SQAO), which temporarily prohibits the National Grid Corporation of the Philippines (NGCP) to expropriate the entire 6.5-ha property of the pension fund in Pasay City.

“We are very much thankful with the decisionof the SC favoring our prayers to disallow NGCP to take over our members’ land in Financial Center in Pasay City. This may be a partial victory for our part, but this is a big step in protecting our members’ interests,”Social Security Commission (SSC) Chairman Amado D. Valdez said.

In a resolution dated June 21, the high court’s Third Division issued the SQAO against the decision of Pasay City Regional Trial Court Branch 108 allowing NGCP to expropriate a part of the SSS property in Diokno Ave., in Pasay City.

“The Court further resolves to grant the petitioner’s prayer for the issuance of status

quo ante order and/or writ of preliminary mandatory injunction and to issue a status quo ante order effective immediately as of this date and continuing until further orders from this Court,” the SC order read.

“Now, therefore, you, your agents, representa-tives and any person or persons acting upon your order or in your place or stead, are hereby enjoined from implementing the orders dated March 2, 2017 and April 24, 2017 of the Regional Trial Court, Branch 108 Pasay City,” the SC added.

Likewise, SC ordered NGCP to submit its comments on the petition of SSS within 10 days from the receipt of notice.“…the Court, without necessarily giving due course thereto, resolves to require respond-ents to comment thereon (not to file a motion to dismiss) within a non-extendible period of 10 days from notice,” it read.

In a previous statement, Chairman Valdez said that based on consultations with energy industry experts, NGCP does not need to expropriate as much as 6.5-ha of land to construct its 230kV substation. He referred to the Doña Imelda Substation, formerly known

as Araneta Substation in Quezon City, which is a 900mV substation that used only 2,000 square meters of land.

“Various consultations with our friends in the energy sector showed that NGCP has constructed a bigger substation with 900mV before and did not use more than two hectares of land. People in the industry are wondering

why they need land that is more than what is required for that purpose,” he added.

SSS President and Chief Executive Officer Emmanuel F. Dooc also welcomed the high court’s decision and is hoping that the SSS will win the fight for the pension fund’s current and future members.

“We welcomed with gratitude the decision of SC to issue a SQAO and we hope that after due proceedings, it will lead to a permanent victory for the pension fund and its members,” said Dooc, who reiterated the plans of SSS to establish a hospital and a corporate center in the said property.

The SSS through the Office of the General Corporate Counsel (OGCC) filed a Petition for Certiorari with prayer for the issuance of Status Quo Ante Order and/or Writ of Prelimi-nary Mandatory Injunction with the SC last May.

SSS’ action was prompted by the issuance of a Writ of Possession by Branch 108 of the Regional Trial Court of Pasay City over its prime property consisting

of 60,872 square meters located at Diokno Avenue, which is technically owned by its 35 million members.

SSS raised the issue of the propriety of NGCP as a private corporation, to expropriate public property already devoted to public purpose, especially since the power of expropriation belongs to the national government.

SSS obtains...(From page 1)

The SSS, with 94 percent trust rating, ranked next to Philhealth with a 95 percent trust rating. Also in the top five were the Department of Education (93 percent), Department of Social Welfare and Development (88 percent), and Technical Education and Skills Development Authority (91 percent).

“We are very glad with the results of the survey conducted by EON Group. To know that we are one of the highly-trusted government agencies is a bonus for our daily task of ensuring quality service to our dear members,” SSS PCEO Emmanuel F. Dooc said.

The 2017 PTI edition dubbed as “The Philippine Paradox: Growing Trust in a Time of Growing Uncertainty” covered 30 government agencies and was conducted from March to April 2017 with 1,200 respondents aged 18 and above.

Meanwhile, SSS has set another record as the pension fund achieved the fastest turnaround time (TAT) of four days in resolution of complaints transmitted through Citizen Hotline 8888, based on the first semester report of the Civil Service Commission (CSC).

Dooc said that the pension fund still managed to solve the cases immediately despite of the huge bulk of reports endorsed by CSC.

“With the growing number of SSS members, the management is also cognizant of the public’s clamor for faster and more efficient delivery of services. As one of thepartner-agencies of CSC, it is our responsibility to resolve these cases so that we canaccommodate more members who need our assistance,” Dooc said.

A P74.0 million calamity loan assistance program (CLAP) has been rolled out by the SSS for its active members and pensioners in conflict-hit Marawi City in Lanao del Sur and earthquake-stricken Ormoc province in Leyte.

According to SSS PCEO Emmanuel F. Dooc, qualified members andpensioners may avail of the loan assistance starting August 2, 2017.

“Our active members and pensioners may avail of as much as P16,000 under the CLAP or based on their average monthly salary credit. This is payable after three months from the time that they received the loan,” Dooc said.

Dooc clarified that the calamity loan is a new and separate loan window from the regular salary loan for members. In the past, SSS offered the Salary Loan Early Renewal Program (SLERP), whichwaived the required 50 percentcompletion of loan payment as aqualifying condition for loan renewal. Hence, even borrowers who have only paid a few monthly amortizations are allowed by SSS to renew their loans asa special consideration.

“The grant of a calamity loan was an initiative of the new Social Security Commission headed by ChairmanAmado Valdez,

who saw the urgent need of providing more meaningful assistance to our members through loan availment,” said Dooc.

CLAP is part of the SSS assistance package for affected members, which consists of two other components namely the advance release of three-month pensions and reduction of interest rates under the SSS Direct House Repair and Improvement Loan Program.

Based on the SSS Member Loan Department’s data, about 56,000 members of the pension fund were affected by the 6.5-magnitude earthquake that hit Ormoc, Leyte last July 10. Of the total members affected, SSS is looking at some 5,600 potential borrowers with P10,000 average monthly salary credit.

Likewise, members in armed-conflict areas in Lanao Del Sur, particularly in Marawi City, were recorded at 1,810 with an average monthly salary credit of P10,000.

To qualify for the CLAP, affected members should have at least 36 monthly contributions, of which six are posted within the last 12 months prior to the filing of their applications.

Photo source: www.abs-cbnnews.com

Photo source: www.church-militant.com

They should also be residents of declared calamity areas by the National Disaster Risk Reduction Management Council (NDRRMC), SSS

The loan, which will be payable within two years in 24 equal monthly installments, is also available to Overseas Filipino Workers (OFWs). OFW-members whose residences are in disaster-stricken areas should issue a letter authorizing their representatives to file the CLAP application on their behalf.

“To make it convenient and facilitate the filing of applications, we are implementing the “File Anywhere” policy so all SSS branches will accept applications for the three-month advance pension,” Dooc said.

Editor's Note: In Circular No.2017-011 issued by SSS on 17 Nov. 2017, the availment period for CLAP and the advanced pension for Marawi-based members and pensioners has been extended to 31 Jan. 2018. Meanwhile, borrowers under the SSS Direct House Repair and Improvement Loan Program have until 31 Dec. 2018 to file their applications.

Member-borrowers who availed themselves of the SSS Loan Restructuring Program (LRP) immediately paid back over P5.22 billion in overdue loan payments, while others are expected to pay back nearly P8.6 billion more in the next five years.

SSS PCEO Emmanuel F. Dooc said the total condoned amount for more than 850,000 members who availed of the LRP reached P13.83 billion over the one-year period the program was offered.

“We hope that members will be faithful in paying their restruc-tured loan amortizations to avoid further penalties. We are expecting P8.6 billion in collection until the end of the five-year installment term,” Dooc said.

Launched last April 28, 2016, the LRP provided relief to delinquent borrowers by

allowing them to settle their unpaid SSS loans in full within 30 days at no additional interest, or through flexible amortization terms of up to five years at a low interest rate of three percent per annum.

“We would like to remind our LRP availees that loan penalties will be completely waived only after full payment of the principal amount and interest of the restructured loan. So, they are advised to pay their financial obligations on time to prevent an additional penalty of 0.5 percent per month,” Dooc concluded.

As part of the program’s terms and conditions, members who availed of the LRP can no longer avail of future condona-tion programs. However, members can apply for another SSS loan six months after they have fully paid their financial obligation under the LRP.

The SSS, in partnership with the National Government (NG), has disbursed more than P4.61 billion for its Education Assistance Loan Program (EALP) since 2012.

Since the program started five years ago, EALP has already served more than 73,000 SSS members and around 81,200 student-beneficiaries. From the 7,542

beneficiaries in 2012, it increased nearly 11 times to reach the present number of beneficiaries. Total disbursement was recorded at P4.61 billion this year from the P900.55 million on the pilot year.

“For the program fund to continue to revolve among our member-borrowers and future beneficiaries, we need the successful beneficiaries, those who have already completed either a college degree or vocational course, to pay back theirrespective loans. Loan payment is also easy with up to 18 months of grace period fromthe last release of loan proceeds,” SSS PCEO Emmanuel Dooc noted.

He also clarified that SSS does not receive any subsidy from NG, contrary to recent news reports.

“The EALP is the only SSS program that has a counterpart funding from the national

government and this is a loan program for our members,” Dooc said. “All expenses of SSS, including benefit payments like pension and operating expenses, are sourced from collections and investment income.”

Data from the Bureau of Treasury showed that in May 2017, SSS received P73 million from the national government as part of its share to the Education Assistance Fund Program (EAFP). The EAFP, which has a total fund allocation of P7 billion, is financed 50:50 by the national government and the SSS.

At present, the EALP fund has already been fully allocated to member-beneficiaries. However, SSS still receives applications to the loan program on a waitlist basis. Only when a member-beneficiary has dropped or graduated from school will there be an opening for a new loan applicant.

About 1,600 movie and television workers under the Katipunan ng mga Artistang Pilipino sa Pelikula at Telebisyon (KAPPT), also known as Actors Guild of the Philippines, will soon be registered as self-employed SSS members after the group signed a memorandum of agreement (MOA) with the pension fund last July 28 at the SSS Main Office in Quezon City.

The SSS-KAPPT partnership, dubbed as “ArtistaSSSya”, will work on the compulso-ry coverage and remittance of SSS contributions from self-employed KAPPT members composed of actors, actresses, producers, stage personalities, singers, commercial artists, and stunt men.

Signing for SSS were SSC Chairman Dean Amado Valdez (seated, third from left), SSS PCEO Emmanuel Dooc (seated, third

from right), SVP Judy Frances See (seated, exteme left) and Professionals Sector Department Manager Noel Coyupan (standing, left). Signing on behalf of KAPPT were its President Imelda Papin (seated, center), Board members Anthony Castelo (standing, second from left) and Jeffrey Santos (seated, second from right), while other KAPPT members witnessed the event.

More than 250,000 Overseas Filipino Workers (OFWs) residing in the western provinces of Canada may now visit the newly opened SSS foreign representative office (FRO) located at the Philippine Consulate General (PCG) in Calgary to inquire, file, or avail themselves of the services offered by SSS.

The SSS Calgary FRO, the second in Canada, was opened last June in line with the Calgary PCG’s celebra-tion of Philippine Independ-ence Day. The office will serve about 270,000 Filipinos located in Alberta, British Columbia, and other western provinces of Canada.

With the Filipino population in the whole Canada now at more than 660,000 (based on latest census data), the FRO will cater to the SSS needs of around 40 percent of Filipinos in the western provinces. The remaining 60 percent of Filipinos in the eastern provinces of Canada will continue to be served by the SSS Toronto FRO. The FROs cater to Filipino migrant workers and overseas Filipinos, including former Filipinos who are now Canadian citizens, with or without dual-citizenship.

TOP EMPLOYERS – Center, from Left to Right:BEAUTIFUL HORIZON, INC. (Medium Account)

PANASIATIC CALL CENTER, INC. (Large Account)FFCCCI (Small Account)

As part of its 60th Anniversary celebration, the SSS recognized via the 2017 Balikat ng Bayan (BNB) Awards top public and private sector partners for their roles in ensuring the social security protection of Filipino workers.

SSS President and Chief Executive Officer Emmanuel F. Dooc said the employers and partner agents, together with member-workers, are the bloodline of the institution in providing quality social security protection.

“The SSS' responsibility to private sector workers is a huge task and every bit of support goes a long way especially from your ranks, our dear employers and partner agencies. Compa-nies and employers shoulder a big percentage of members’ monthly SSS contributions; and as a result of employers fulfilling their SSS obligation, their

workers become entitled to SSS benefits. I therefore commend our awardee-companies for their enduring commitment to advance the welfare of their employees by complying with the SS law and even going beyond,” Dooc noted.

The 2017 BNB winners included 10 awardees under the regular category and five SSS partners with special citations.

PanAsiatic Call Center, Inc.,a Bacolod-based business process outsourcing (BPO) firm bagged the national Top Employer award for the large account category, while Marikina-based cosmetics company Beautiful Horizon, Inc. won the medium account category. Meanwhile, Binondo-based association of businessmen engaged in socioeconomic development activities, the Federation of Filipino-Chinese Chambers of Commerce & Industry (FFCCCI),

was hailed as Top Employer for small account category.

The chosen top employers demonstrated faithful compliance with the Social Security (SS) Law by, among others, reporting their employees within 30 days from start of employment, paying their employees' contributions and loan payments promptly and accurately, submitting their employer reports on time, and actively participating in SSS programs.

SSS also conferred BNB Awards to its top partners in collection of payments and media-based information dissemination. The winning Best Collection Partners were chosen based on their compliance with the SS Law as employers, and accreditation guidelines as collection partners, including efficiency in terms of collecting payments for members’ contributions and salary loan amortizations.

BEST MEDIA PARTNERS – From Left to Right:GOOD MORNING PILIPINAS/GOOD MORNING BOSS – PTV 4 (Television)

PILIPINO MIRROR (FILIPINO MIRROR MEDIA GROUP) (Print)RN LAGUNA BROADCASTING SERVICE (Radio)

BEST SERVICING & COLLECTING PARTNER –SEDP-SIMBAG SA PAG-ASENSO, INC.

East West Rural Bank bagged the Best Collecting and Best Paying Partner for rural banks, while Land Bank of the Philippines was the Best Paying Partner for commercial banks. Winners were selected based on the number of pensioners served, amount of pension disbursements, and reach of their branch networks. These paying partnerswere also found to be fully compliant with the SS Law as employers and with accreditation guidelines as paying partners.

Best Media Partner Award, on the other, was given to People’s Television Network’s flagship morning magazine show “Good Morning Pilipinas” for the TV category. “Radyo Natin” Laguna Broadcasting Service, a low-power FM Station in Calamba City, won the radio category, while tabloid, Pilipino Mirror, won the print category. They were chosen based on their impact to the audience and program content in featuring SSS programs and services.

SSS also awarded for the first time the Best Servicing and Collecting Partner to recognize the importance of the informal sector in the fulfillment of the SSS mission of achieving universal coverage. The award was given to SEDP – Simbag sa Pag-asenso, Inc,

- a non-government agency based inLegazpi City providing financial andnon-financial services to their members to improve their socio-economic condition to become strong and self-sustaining centers in their communities.

Special citations were also given to the provincial government of Isabela, the Manila International Airport Authority, and Bukidnon State University as partner government agencies for their continuous and consistent support to the KaltaSSS-Collect program for

self-employed individuals like job order and contractual worker who are exempted from the Government Service and Insurance System (GSIS) coverage.

Amado Macasaet of Malaya Business Insight was given the special citation award as media partner for print for his valuable commentaries offering perspectives often viewed less positively than pro-populist messages during the height of the clamor to pass the pension hike measure.

A special citation was given to Ventaja International Corp for consistently providing exemplary performance to its customers. Ventaja was conferred the BNB Hall of Fame Award in 2016 for winning the Best OFW Collection Partner category for three consecu-tive years since 2012.

Other BNB Hall of Fame awardees were the Philippine National Bank (2007), RCBC Savings Bank (2009), I-Remit, Inc. (2014) and One Network Bank (2016), as Best Paying Partner - Commercial Bank, Best Collection Partner - Thrift Bank, Best Collection Partner - OFW Bank/Non-Bank and Best Collection Partner - Rural Bank, respectively.

SPECIAL CITATIONS – Partner Government Agencies for the Coverage of Job Order and Contractual Personnel

BUKIDNON STATE UNIVERSITYPROVINCIAL GOVERNMENT OF ISABELA

MANILA INTERNATIONAL AIRPORT AUTHORITY

LEgal Forum The SSS receives numerous queries on legal issues about membership, benefit eligibility, employer liability, and others. In this section, we feature interesting cases from actual members (names have been changed) and the corresponding replies from the SSS Legal Services Division. Please note that these are legal opinions on specific cases and are based on existing laws and jurisprudence, as well as SSS rules and regulations.

Managing Editor: JOSEPHINE ANNE E. MINES

Writers: JOSEPHINE ANNE E. MINES, MARIE GRACE V. ANTIGA,IRIS JOY P. ABARQUEZ, LIZA ANGELICA D. BARRAL,

RONA T. CAPPAL, MAY ROSE D.L. FRANCISCO,JHOANNA LYN H. GARCIA, BARBARA RAIZZA J. JUAN

Executive Editor: MAY CATHERINE C. CIRIACO

Photographers: REY L. SOLIS, DANILO C. SORIANOIn-charge of Circulation: MEL CHRISTIAN S. TINGZON

Layout Artist: NEIL MARTIN V. PAGULAYAN

SSS Newsletter is published quarterly by the Corporate Communications Department (CCD) of the Social Security

System for its members and the general public. Please send comments or suggestions to the CCD, 7th Floor,

SSS Building, East Avenue Quezon City

Editors-In-Chief: SONIA P. GUINTO / JUSTINA B. HUGO

Chris appeared before the SSS Davao Branch to claim the death benefits of his deceased father, Jun. The former, who presented himself as the lone child of Jun, proved his identity by submitting a copy of his birth certificate alongside his claim application.

Upon evaluation, SSS found out that Chris was an adopted child. The claimant, in a letter dated 26 May 2016, confirmed that he is neither Jun’s biological son nor his legally adopted child. The

issue at hand is whether or not Chris may be considered legal heir of the late Jun.

In a petition for review filed by Benitez-Badua versus the Court of Appeals under G.R. No. 105625 dated January 24, 1994, the Supreme Court declared: “The mere registration of a child of the supposed parents is not a valid adoption, does not confer upon the child the status of an adopted child and the legal rights of such child, xxx.”

The Supreme Court further asserted that a record of birth is merely prima facie evidence—meaning, there is enough evidence to prove something by

pointing out to some basic facts, but the proofcan be refuted. A birth certificate, therefore, is not a conclusive evidence of the truthfulness of the statements made by the interested parties.

As to Chris’ case, his letter stating that he is neither Jun’s biological nor legally adopted son,is considered definite and irrefutable, absent any proof negating its truthfulness. Hence, Chris is not qualified to be considered legal heir of deceased member.

Member Cora Veluz and Noel Mendez married in Hong Kong on August 1, 1995, but had no marriage certificate due to non-registration with the National Statistics Office (now, Philippine Statistics Authority). On August 3, 2013, a decree of divorce was issued by the Hong Kong Special Administrative Region declaring Cora and Noel’s marriage dissolved. Three years later, Cora re-married a certain Carlo Pavia, another Filipino, in California, USA.

The issue at hand is whether or not Cora, a Filipino, who got divorced from her Filipino husband and later on remarried another Filipino, can validly change her surname from Mendez

(first husband) to Pavia (second husband) in her SSS records.

There exists a Latin phrase lex loci celebrationis, which is a legal principle in English common law, roughly translated as the “law of the land where marriage was celebrated” or the “law of the place where a contract, especially of marriage, is made.” Using this principle, it is safe to say that despite non-registration in the Philippines, marriage between Filipinos abroad is considered valid here.

However, it is also the State’s policy on marriage, as stated in Article 1 of the Family Code,that: “Art. 1. Marriage is a special contract ofpermanent union, between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social

institution whose nature, consequences, and incidents are governed by law, and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.”

Applying the above provision, it is settled jurisprudence that foreign dissolution of marriage between Filipino spouses is not recognized in this country. While divorce obtained abroad may be lawful there, such is not the same in Philippine jurisdiction. Hence, Cora remains to be Noel’s spouse despite their divorce. And since Cora’s first marriage to Noel is still valid in the Philippines, her subsequent marriage to Carlo becomes void as it is considered bigamous.

Therefore, Cora cannot validly change her adopted married surname (Mendez) to that of his second husband’s (Pavia).

The surviving spouse of deceased member, Fred, filed for a death benefit claim application at SSS Iba Branch. Upon screening of submit-ted documents, SSS found out that Fred had been employed as a driver in the trucking business of his mother, Aida. Records show that the late Fred’s date of coverage with the SSS was January 1968 and that he had a total of 20 posted contributions. Fred also applied for self-employed membership in January 1997, although he did not make any contributions as such.

The issue at hand is whether or not Fred’s SSS contributions are valid considering that he was once a reported employee of his mother as a truck driver.

According to Section 8 of the SS Law or Republic Act No. 8282, employer is defined as “any person, natural or juridical, domestic or foreign, who carried on in the Philippines any trade, business, industry, undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment, xxx,” while employee is, “any person who performs services for an employer in which either or both mental and physical efforts are used and who receives compensa-tion for such services, where there is an employer-employee relationship, xxx.”

In the above provision, only an employer-em-ployee relationship and no family kinship was mentioned.

While there is an involvement of a family relationship in this case—wherein the mother-employer was engaged in transport, storage, and communication services, and the son-employee had been hired as truck

driver—like any other business, it is not uncommon to have as employees the members of the family or clan. As long as there exists a truthful employer-employee relationship, then the latter must be covered by the SS Law. Thus, contributions remitted by Aida for her son-employee Fred are considered valid.