FINALS REVIEWER

INSURANCE REVIEWER

FREIGHTAGE- in the sense of a policy of marine insurance, signifies all the benefits derived by the owner, either from the chartering of the ship or its employment for the carriage of his own goods or those of others

IMPLIED WARRANTIES OF MARINE INSURANCE

1.      The ship is sea worthy in the inception of the insurance

2.      That the ship will not deviate from the agreed voyage unless deviation is proper

3.      That the ship will not engage in an illegal venture

4.      Warranty of possession of documents of neutrality: that the ship will carry the requisite documents of nationality or neutrality of the ship or cargo where such nationality or neutrality is expressly warranted

5.      Presence of insurable interest

DEVIATION- departure of vessel from course of voyage, or an unreasonable delay in pursuing voyage, or commencement of an entirely different voyage

DEVIATION IS PROPER:

1.      If due to circumstances outside the control of the ship captain or ship owner

2.      If done to comply with warranty

3.      If made in good faith to avoid a peril

4.      If made to save human life or another distressed vessel

DOUBLE INSURANCE- it exists where the same person is ensured by several insurers separately in respect to same subject and interest. It is not prohibited by law but may be prohibited by “other insurance clause”.

REQUISITES OF DOUBLE INSURANCE:

1.      The person insured is the same

2.      There are two or more insurers insuring separately

3.      The subject matter is the same

4.      The interest insured is also the same

5.      The risk or peril insured against is likewise the same

INCONTESTABILITY CLAUSE           Sec. 48

-        After a policy of life insurance made payable on the death of the insured shall have been in force during the lifetime of the insured for a period of 2 years from the date of its issue or of its last reinstatement, the insurer cannot prove that the policy is void ab initio or is rescindable by reason of the fraudulent concealment or misrepresentation of the insured or his agent.

REQUISITES:

1.      The insurance is a life insurance policy payable on the death of the insured

2.      It has been in force during the lifetime of the insured for at least 2 years from its date of issue or of its last reinstatement. The period of 2 years may be shortened but it cannot be extended by stipulation.

OPEN POLICY- value of the thing insured id not agreed upon, but left to be ascertained at time of loss. The amount of the insurance merely represents the insurer’s maximum liability.

VALUED POLICY- definite valuation is agreed by both parties, and written on the face of the policy.

RUNNING POLICY- contemplates successive insurances in which provides that the subject of the policy may, from time to time be defined.

AUTHORIZED DRIVER CLAUSE- a stipulation in a motor vehicle insurance which provides that the driver, other than the insured owner, must be duly licensed t drive the motor vehicle, otherwise, the insurer is excused from liability.

NO FAULT CLAUSE- the injured third party or passenger is given the option to file a claim for death or injury without the necessity of proving fault or negligence of any kind under the ff conditions:

a.      The total indemnity in respect of any person shall not exceed P15,000

b.      The ff proofs of loss, when submitted under oath, shall be sufficient evidence to substantiate the claim:

1.      Police report of the accident

2.      Death certificate and evidence sufficient to establish the proper payee

3.      Medical report and evidence of medical or hospital disbursement in respect of which refund is claimed.

c.       Claim may be made against 1 motor vehicle only

FORMULAS:

LABOR REVIEWER

Loss of trust and confidence; ground for dimissal

Rank and file personnel; requires proof of involvement in the alleged events in  question and mere uncorroborated assertions and accusations by the employer shall not suffice.

Managerial employee; mere existence of a basis for believing that such employee has breached the trust of his employer would suffice.

Managerial employee:

1.        Primary consists of the management of the establishment in which they are employed or of a department or subdivision thereof

2.        Customarily andregularly direct the work of 2 or more employees therein

3.        They have authority to hire orfire other mployees of lower rank; ortheir suggestions and recommendations as to the hiring and firing and as to the promotion or any other change fo status of other employees are given particular weight

Lossof trust and confidence- must be based on a wilful breach and founded on clearly established facts; done intentionally knowing and purposely, without justifiable excuse

Field personnel- non agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer ad whose actual work hours in the field cannot be determined with reasonable certainty

-           Not merely concerned with the location where the employee regularly performs his duties but also with the fact that the employee’s performance is unsupervised by the employer---in order to conclude that he is a field personnel

Bus driver ad conductors are regular employees who perform tasks usually necessary and desirable to the usual trade of the company’s business, s entitled to the grant of SIL

SIL- every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of 5 days with pay

3 year prescriptive period commences, not at the end of the year when the employee becomes entitled to the commutation of his SIL, but from the time when the employer refuses to pay its monetary equivalent after demand or commutation or upon termination of the employee’s services as the case may be

8 hour labor law; applicability to piece workers—although this provides that t does not cover those workers who prefer to be paid on piecework basis, nothing in said law precludes an agreement for the payment of OT compensation to pieceworkers

Waiting time- the 30 min assembly time cannot be considered “waiting time”; not compensable

Abandonment; the 8 hour work period does not include the meal break; acting of going home to take dinner does not constitute abandonment

Not every employee who is illegally dismissed or suspended is entitled to damages; the person claiming moral damages must prove the existence of bad faith by clear and convincing evidence for the law always presumes good faith

Art. 83 normal hours of work- the normal hours of work of any employee shall not exceed 8 hours a day

Art. 85 meal periods- subject to the regulations of the SL, it shall be the duty of every employer to give his employees not less than 60 mins time off for their regular meals

Sec.7 meal and rest periods- every employer shall give his employees, regardless of sex, not less than 1 hour time off for regular meals, except in the ff cases when a meal period of not less than 20 mins may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee:

1.        Work is non-manual work in nature or does not involve strenuous physical exertion

2.        Establishment regularly operates not less than 16 hours a day

3.        In cases of actual or impending emergencies or there is urgent work to be performed on machineries, equipment, or installations to avoid serious los whish the employee would otherwise suffer

4.        Where the work is necessary to prevent serious loss of perishable goods

Sec. 4, CA 444: “ no person, firm, or corporation, business establishment or place of center of labor shall compel an employee or labourer to work during Sundays and legal holidays unless he is paid an additional sum of at least 25% of his regular remuneration; provided, however, that this prohibition shall not apply to public utilities performing some public service such as supplying gas, electricity, power, water or providing means of transportation and communication.

The “waiver rule” is not applicable in this case. Additional compensation for nighttime work is founded on public policy, hence the same cannot be waived.

Longevity pay; cannot be included in the computation of overtime pay when the CBA so stipulates

2 germane considerations in determining the basis for the computation of OT pay:

1.        Whetehr or not the additional pay is for extra work done or service rendered

2.        Whether or not the same is intended to be permanent and regular, not contingent nor temporary and given only to remedy a situation which can change any time

CA 444; prescribes that OT work shall be paid at the same rate as their regular wages or salary plus at least 25% additional

Wage; 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 any other methods 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…

Monthly living allowance; all employees of the bank shall be granted a monthly living allowance of P140, plus P10 for each minor dependent child below 21 years of age, but in case shall the total allowance recede P200 or 25% of the monthly salary, whichever is higher, subject to conditions:…

Longevity pay; not based on the daily or month amount of work done or services rendered—it is more of a gratuity for their loyalty, or their having been n the bank’s employment for consideration period of time.

Holiday pay; is a legislated benefit enacted as part of the Constitutional imperative that the state shall afford protection to labor. Unlike a bonus, which is a management prerogative, holiday pay is a statutory benefit demandable under the law.

Sec. 11, Rule IV, Book 3, Omnibus rules to implement the LC; nothing in the law or the rules shall justify an employer in withdrawing or reducing any benefits supplements or payments for unworked regular holidays as provided in existing individual or collective agreement or employer practices or policy

Art. 94, LC; right to holiday pay- every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than 10 workers; twice his regular rate

There is nothing in the law which provides or indicates that the entitlement to 10 days of holiday pay shall be reduced to 9 when 2 holidays fall on the same day

Hourly paid faculty members; are entitled to their pay for unworked regular holidays; days declared as special holidays or when classes are called off or shortened

Cardinal primacy requirement of due process in admin proceedings---

1.        Right to a hearing which includes the right to present one’s case and submit evidence in support

2.        The tribunal must consider the evidence presented

3.        The decision must have something to support itself

4.        The evidence must be substantial and substantial evidence means such evidence as a reasonable mind might accept as adequate to support a conclusion

5.        The decision must be based on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected

6.        The  tribunal or body of any of its judges must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept views of a subordinate

7.        The board or body should, in all controversial questions, render its decision in such manner that the parties to the proceeding can know the various issues involved, and the reason for the decision rendered

Termination of employment; must be based on a just or authorized cause of dismissal and the dismissal must be affected after due notice and hearing (Art. 282)

Gross negligence; want of care in the performance of one’s duties and habitual neglect as repeated failure to perform one’s duties for a period of time, depending upon the circumstances

Due process in admin proceedings; opportunity to explain one’s side or an opportunity to seek consideration of the acton or ruling complained of

Presumption; failure to submit certain pieces of evidence could onlymean the if produced, they would have been adverse to such party’s case

Art 286, LC; there is termination of employment when an otherwise bonfied suspension of work exceeds 6 months

Meals and snack; before an employer may deduct the value of facilities from the employee’s wages:

1.        Proof that such facilities are customarily furnished by the trade

2.        The provision of the deductible facilities is voluntarily accepted in writing by the employee

3.        Facilities are charged at fair and reasonable value

Art 221,LC; technical rule are not binding and the application of technical rules of procedure may be relaxed in labor cases to serve the demand of substantial justice

SOCIAL LEGISLATION

DOMESTIC WORKER’S ACT/ BATAS KASAMBAHAY

R.A. 10361

-applies only to domestic workers within the Philippines

Domestic worker- a person engaged in domestic work within an employment relationship

Domestic work- work perform in or for a household or households

“within an employment relationship”- means that the domestic worker should be hired specifically to perform household work

Household- immediate family members of the family or the occupant of the house that are directly provided services by the domestic worker

PERSONS NOT COMTEMPLATED WITHIN THE CONCEPT OF A DOMESTIC WORKER

1.      Service providers

2.      Family drivers

3.      Children under foster family arrangement

4.      Any other person who performs work occasionally or sporadically and not on an occupational basis

MINIMUM AGE OF EMPLOYMENT- 15 years old

HIRING OF DOMESTIC WORKER-Domestic workers can be hired directly or through a licensed private employment agency

Domestic worker is required to submit:

1.      Medical or health certificate issued by local government health officer

2.      Barangay and police clearance

3.      NBI clearance

4.      Birth certificate or if not available, any other document showing the age of the domestic worker such as voter’s ID, baptismal record or passport

Prospective employer should bear the cost of these documents, cost of hiring, as well as the worker’s transfer from place of origin to place of work

Private employment agency- any individual, legitimate partnership, corporation or entity licensed to engage in the recruitment and placement of domestic workers for local employment (must obtain license to operate Regional Office form Sec. of DOLE which has jurisdiction over the place) 

BASIC CONTENTS OF EMPLOYMENT CONTRACT

1.      Duties and responsibilities of the domestic worker

2.      Period of employment

3.      Compensation

4.      Authorized deductions

5.      Hours of work and proportionate additional payment

6.      Rest days and allowable leaves

7.      Board, lodging and medical attention

8.      Agreements on deployment expenses

9.      Loan agreement

10.   Termination of employment

11.   Any other lawful condition agreed upon by both parties

REGISTRATION OF DOMESTIC WORKERS- in the Barangay where the employer’s residence is located

TERMS AND CONDITIONS OF EMPLOYMENT

1.      Health and safety

2.      Free board and lodging

3.      Medical attendance

4.      Daily rest period

5.      Weekly rest period

6.      Leave benefits

7.      Proper wage payment

8.      Minimum wage

9.      Applicable wage for non-household work

10.   Additional compensation for temporary service to another household

11.   13^th month pay

12.   SSS, PHIC and HDMF coverage

RIGHTS AND PROVILEGES OF DOMESTIC WORKERS

1.      Right to humane treatment

2.      Right to privacy

3.      Access to outside communication

4.      Right to education and training

OBLIGATIONS OF DOMESTIC WORKERS

1.      Render satisfactory service at all times

2.      Observe the terms and conditions of the employment contract

3.      Refrain from publicly disclosing any communication or information pertaining to the employer or members of the household during and after employment

ARAW NG MGA KASAMBAHAY- January 18

PROHIBITED ACTIVITIES OF EMPLOYERS

1.      Debt bondage

2.      Interference in the disposal of wages

3.      Withholding of wages

4.      Additional prohibition regarding wages – cannot pay by means of promissory notes, vouchers, coupons, tokens, tickets, chits or any other object other than cash.

5.      Additional prohibition regarding deposits for loss or damage- cannot be obliged to make deposits to answer for loss or damage to tools, materials, furniture, and equipment of the household.

JUST CAUSES FOR TERMINATION OF EMPLOYMENT BY THE DOMESTIC WORKER

1.      Verbal and emotional abuse by the employer or any member of the household

2.      Inhuman treatment including physical abuse by the employer or any member of the household

3.      Commission of a crime against the domestic worker by the employer or ay member of the household

4.      Violation by the employer of the terms and conditions of the employment contract and other standards set forth under the law

5.      If he is suffering from a disease prejudicial to the health of the domestic worker, the employer, or members of the household

6.      Other causes analogous to the foregoing

JUST CAUSE FOR TERMINATION OF EMPLOYMENT BY THE EMPLOYER

1.      Misconduct or wilful disobedience to lawful order in connection with the work

2.      Gross or habitual neglect or inefficiency

3.      Fraud or wilful breach of trust

4.      Commission of a crime or offense by the domestic worker against the person of the employer or any immediate member of the employer’s family

5.      Violation by the domestic worker of the terms and conditions of the employment contract

6.      If the domestic worker is suffering from a disease prejudicial to his health, the health of the employer, or members of the household

7.      Other causes analogous to the foregoing

CERTIFICATE OF EMPLOYMENT – upon severance of the employment relationship, the employer shall issue the domestic worker within 5 days from request a certificate of employment indicating the nature, duration of the service, and work performance.

CRIMINAL ACTS

1.      Employing a domestic worker who is below 15 years old

2.      Charging by the original employer any amount from the household where the service of his domestic worker was temporarily performed

3.      Requiring the domestic worker to make deposits to answer for losses or damage to tools, materials, furniture and equipment in the household

4.      Placing the domestic worker under debt bondage, i.e., requiring the domestic worker to render service as security or payment for a debt where the length and nature of his service is not clearly defined or when the value of the service is not reasonably applied in the payment of debt

5.      Interfering with the freedom of the domestic worker to dispose of his wages, or forcing, compelling or obliging the domestic worker to purchase merchandise, commodities or other properties from the employer or from any other person, or otherwise make use of any store or services of such employer or any other person

6.      Withholding the wages of the domestic worker or inducing the domestic worker to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever

CRIMINAL SANCTION- these shall be punishable with a fine of not less than P10,000 but not more then P40,000.

MIGRANT WORKERS AND OVERSEAS FILIPINOSACT OF 1995

R.A. 8042

MIGRANT WORKER- is an overseas Filipino worker; a person who is to be engaged in a remunerated activity in a country of which he is not a citizen, or on board a vessel navigating the foreign seas, other than government ship used for military or non-commercial purposes, or on an installation located offshore or on high seas

DEPLOYMENT OF MIGRANT WORKERS- they can be deployed only in countries where the rights of Filipino workers are protected. This may be indicated if the receiving country:

1.      Has existing labor and social laws protacting the rights of migrant workers

2.      Is a signatory to or a ratifier of multilateral conventions, declarations or resolutions relating to the protection of workers, including migrant workers

3.      Has concluded a bilateral agreement with the Philippine government on the protection of the rights of overseas Filipino workers

LIABILITY OF THE POEA GOVERNING BOARD- the members of the POEA Board who actually voted in favour of an order allowing the deployment of migrant workers without any of the aforementioned guarantees shall suffer the penalties of removal or dismissal from service with disqualification to hold appointive public office for 5 years

COMPULSORY INSURANCE COVERAGE FOR AGENCY-HIRED MIGRANT WORKERS- recruitment or manning agencies are obliged to cover each migrant worker they deploy with a compulsory insurance policy, an authenticated copy of which should be provided the migrant worker.

              Such insurance policy shall be secured at no cost to the worker and be effective for the duration of the migrant worker’s employment contract.

              If the migrant worker was made to shoulder the cost of insurance premium, the license  of the recruitment or manning agency be cancelled, and all its directors, partners, proprietors, officers and employees shall be perpetually disqualified from engaging in recruitment of overseas workers, without prejudice to any other liabilities.

DISQUALIFICATION- insurance companies who have directors, partners, officers, employees or agents with relatives, within the 4^th civil degree of consanguinity or affinity, who work or have interest in any of the government agencies involved in the overseas employment program are disqualified from providing the worker’s insurance coverage

COVERAGE OF THE INSURANCE

1.      $15,000 for accidental death, payable to the migrant worker’s beneficiaries

2.      $20,000 for natural death, payable to the migrant worker’s beneficiaries

3.      $7,500 for permanent total disability, payable to the migrant worker

4.      Repatriation cost of the worker when employment is terminated without any valid cause, including the transport of his or her personal belongings

5.      $100 per month for subsistence allowance for a maximum of 6 months if the migrant worker is involved in a case or litigation for the protection of his rights in the receiving country

6.      An amount to at least 3 months for every year of the migrant worker’s employment contract, in cases of money claims arising from employer’s liability which may be awarded or given to the worker in a judgement or settlement of his or her case in the NLRC

7.      Cost of transportation for compassionate visit by 1 family member (or requested individual) to the major airport closest to the place of hospitalization or confined for at least 7 consecutive days

8.      Cost of medical evacuation, when proximate and adequate medical facility is not available to the migrant worker, as determined by the insurance company’s physician or consulting physician

9.      Cost of medical repatriation, when medically necessary as determined by the attending physician, and medically cleared for travel by the commercial carrier

REPATRIATION OF MIGRANT WORKERS- and the transport of his personal belongings is the primary responsibility of the recruitment agency. All cost attendant to repatriation shall be borne by or charged to the agency concerned and/ or its principal.

              Repatriation of remains of the overseas worker, as well as the transport of the personal belongings of a deceased worker and all costs attendant thereto shall be borne by the principal and/or the recruitment agency.

              However, in cases where the termination of employment is due solely to the fault of the worker, the principal and /or agency will not be responsible for the repatriation of the former and/or his belongings.

EMERGENCY REPATRIATION- in case of war, epidemic, disasters or calamities, natural or man-made, and other similar events, of the Overseas Worker’s Welfare Administration, in coordination with appropriate international agencies, shall undertake the repatriation of workers. The cost of repatriation is subject to reimbursement by the responsible principal or agency.

              If the principal or recruitment agency cannot be identified, all costs attendant to repatriation shall be borne by the OWWA through its emergency repatriation fund.

REPATRIATION OF UNDERAGE MIGRANT WORKERS-MANDATORY- if there are migrant workers whose actual age fall below 18 years old, the responsible officers in the foreign services shall without delay repatriate said workers.

              The license of the recruitment/ manning agency which recruited or deployed the underage migrant worker shall be automatically revoked and shall be meter out with a fine ranging from P500,000 to P1,000,000.

              Furthermore, the recruitment or manning agency shall refund all the fees incurred by the underage worker without need of notice. The refund should be paid within 30 days from the date of the mandatory repatriation and is independent of indemnification of other damages the underage worker has suffered.

ILLEGAL RECRUITMENT- any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referring, contract services, promising or advertising for employment or abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Art. 13 (f) of P.D. 442, as amended, Labor Code of the Philippines.

SYNDICATED ILLEGAL RECRUITMENT- carried out by a group of 3 or more persons conspiring or confederating with one another

LARGE SCALE ILLEGALRECRUITMENT- committed against 3 or more persons individually or as a group

ECONOMIC SABOTAGE- when committed by a syndicate or in large scale

FILING OF CRIMINAL COMPLAINT FOR ILLEGAL RECRUITMENT- can be filed by:

1.      Secretary of Labor and Employment or his duly authorized representative

2.      Administrator of the Philippine Overseas Employment Administration or his duly authorized representative

3.      Any aggrieved person

PRESCRIPTIVE PERIOD FOR FILING OF CRIMINAL COMPLAINT-

Simple Illegal Recruitment- 5 years.

Large Scale or Syndicated Illegal Recruitment- 20 years

PENALTY FOR ILLEGAL RECRUITMENT:

1.      Simple illegal recruitment:

a.      12 years and 1 day to 20 years imprisonment

b.      Fine ranging from P1,000,000 to P2,000,000

2.      Large scale or syndicated illegal recruitment

a.      Life imprisonment

b.      Fine ranging from P2,000,000 to P5,000,000

MAXIMUM PENALTY:

1.      Person illegally recruited is less than 18 y/o

2.      If committed by a non-licensee or non-holder of authority

JURISDICTION OF THE POEA- original and exclusive jurisdiction to hear and decide:

1.      Administrative aspect of recruitment violations committed by recruitment or manning agencies

2.      Disciplinary action cases and other special cases involving employers, principals, contracting partners and overseas workers processed by the POEA.

The decision of the administrator of the POEA may be appealed to the Secretary of Labor and Employment within 15 days from the receipt of the Decision.

POWER OF THE POEA TO ORDER CLOSURE OF ESTABLISHMENT, if he finds that the activities of a non-licensee:

1.      Constitute a danger to national security and public order

2.      Will lead to further exploitation of job seekers

EFFECT OF CLOSUE ORDER:

1.      The inclusion of all officers an responsible employees of the entity engaged in illegal recruitment activities in the List of Persons with Derogatory Record

2.      Their disqualification from participating in the overseas employment program of the government

REMEDIES FROM CLOSURE ORDER:

1.      Motion to Reopen Establishment

2.      Motion to Lift Closure Order

3.      Appeal

HANDBOOK FOR OFW’S ACT OF 2018

R.A. 11227

PATERNITY LEAVE ACT OF 1996

R.A. 8187

PATERNITY LEAVE- refers to the time off with pay granted to a married male employee by reason of childbirth or miscarriage of his lawful wife so that he could lend support to his wife during her period of recovery or in nursing of the newly born child.

COVERAGE OF THE LAW- married male employees in both the public and private sector

DURATION OF THE PATERNITY LEAVE- 7 days with full pay, available only for the first 4 deliveries of the legitimate spouse with whom he is cohabiting

CONDITIONS FOR ENTITLEMENT

1.      He is an employee at the time of delivery of his child

2.      He is cohabiting with his spouse at the time she gives birth or suffers a miscarriage

3.      He has applied for paternity leave

4.      His wife has given birth or suffered a miscarriage

PENAL SANCTIONS

1.      Fine not exceeding P25,000

2.      Imprisonment ranging from 30 days to 6 months

SOLO PARENTS’ WELFARE ACT OF 2000

R.A. 8972

SOLO PARENT- a person left alone with the responsibility of parenthood due to the following circumstances:

1.      Giving birth as a result of rape of crimes against chastity

2.      Death of spouse

3.      Detention or imprisonment of spouse for at least 1 year

4.      Physical or mental incapacity of spouse as certified by a public medical practitioner

5.      Legal separation/ de facto separation from spouse for at least 1 year

6.      Declaration of nullity or annulment of marriage

7.      Abandonment of spouse for a least 1 year

8.      An unmarried mother/father who prefers to keep and rear his/her childor children instead of having others care for them ot give them up to a welfare institution

9.      A foster parent duly licensed by the Social Welfare and Development or a legal guardian appointed by the court, who solely provides parental care and support to a child or children

10.   A family member who assumes the responsibilities of head of family as a result of death, abandonment, disappearance, or prolonged absence of the parents, or solo parent, provided, that such abandonment, disappearance, or absence lasts for at least 1 year.

BENEFITS AVAILABLE TO A SOLO PARENT

1.      Flexible work schedule

2.      Parental leave of not more than 7 days

3.      Educational benefits

4.      Housing benefits on liberal terms in low-cost government housing

5.      Medical assistance

MAGNA CARTA FOR PERSONS WITH DISABILITY

R.A. 7277 as amended by R.A. Nos. 9442, 10070, 10524 and 10754

DEFINITION OF PERSONS WITH DISABILITY- refer to those who are suffering from certain limitations to perform an activity in the manner considered normal for a human being, as a result of a mental, physical or sensory impairment

RIGHTS OF PERSONS WITH DISABILITY

1.      Equal opportunity for employment

2.      Equal terms and conditions of employment

3.      Right to sheltered employment

4.      Hiring as apprentices or learners

5.      Quality education

6.      Right to health services

7.      Auxiliary social services

8.      Telecommunications

9.      Barrier-free environment

10.   Mobility

11.   Public transport facilities

12.   Suffrage

13.   Freedom of expression

14.   Self-organization

PRIVILEGES OF PERSONS WITH DISABILITY

1.      20% discount, as well as exemption from applicable VAT on certain services and establishments

2.      Educational assistance

3.      GSIS, SSS, and HDMF

4.      Special discounts

5.      Express lanes

PROHIBITION ON DISCRIMINATION,  RIDICULE, AND VILLIFICATION OF PERSONS WITH DISABILITY

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TAX INCENTIVES FOR BENEFACTORS

-any individual or non-governmental institutions establishing homes, residential communities, or retirement villages solely to suit the needs and requirements of persons with disability are entitled to:

1.      Realty tax holiday for the first 5 years of operation

2.      Priority in the building and/or maintenance of provincial or municipal roads leading to the aforesaid home, residential community or retirement village

-establishments granting the 20% discount on goods sold or services rendered, to persons with disability are entitled to tax deductions based on the net cost of the goods sold or services rendered under the ff conditions:

1. the cost of the discount should be claimed as deduction from gross income for the same taxable year that the discount is granted

2. the total amount of the claimed tax deductions net of value-added tax if applicable, should be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the NIRC

- donations and the like or government agencies engaged in the rehabilitation of persons with disability are exempt from donor’s tax, and shall be allowed as deductions from the donor’s gross income for purposes of computing the taxable income, subject to NIRC

- donations from foreign countries are also exempt from taxes and duties or importation subject to provisions of Tariff and Customs Code of the Philippines as amended

- local manufacturing or technical aids and appliance for use  by persons with disability are considered as a preferred area of investment and as such, shall enjoy the rights, privileges and incentives as provided in the Omnibus Investments Code of 1987

PENAL SANCTIONS

1.      1^st violation- from ranging from P50,000 to P100,000 or imprisonment ranging from 6 months to 2 years or both at the discretion of the court

2.      Subsequent violation- fine ranging from P100,000 to P200,000 or imprisonment ranging from 2 years to 6 years or both at the discretion of the court

3.      For abuse of privileges- imprisonment of not less than 6 months or a fine rangig from P5,000 to P50,000 or both, at the discretion of the court

4.      If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings

SPECIAL PROTECTION OF CHILDRENA AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT

R.A. 7610 as amended by R.A. 7658 and 9231

CHILDREN

1.      Below 18 years of age

2.      Over 18 years of age, but unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation or discrimination due to physical or mental disability or condition

EMPLOYMENT OF CHILDREN-

General rule: children below 15 years old cannot be employed, permitted or, suffered to work in any public or private establishment

Exceptions: children below 15 years of age may be employed under the following circumstances:

1.      When a child works directly under his parents or legal guardian, subject to the following conditions:

a.      Only members of his family are employed thereat

b.      The employment does not endanger the child’s life, safety, health and morals, or impair his normal development

c.      The parent or legal guardian provides the child with the prescribed primry or secondary education

d.      A work permit is first obtained from the DOLE

2.      When the employment of the child is essential in public entertainment or information such as cinema, theatre, radio, TV, or other forms of media, subject to the ff conditions:

a.      An employment contract, duly approved by the DOLE, must be executed by the parents or legal guardian of the child

b.      The employer must ensure the protection, health, safety, morals, and normal development of the child

c.      The employer must institute measures to prevent the child’s exploitation or discrimination

d.      The employer must formulate and implement a continuing program for training and skills acquisition of the child, subject to the approval and supervision of competent authorities

e.      A work permit must be obtained from the DOLE (valid for maximum period of 1 year)

CHILD ABUSE

1.      Child prostitution and sexual abuse

2.      Attempt to commit child prostitution

3.      Child trafficking

4.      Attempt to commit child trafficking

5.      Obscene publication and indecent show

6.      Cruelty, physical abuse, neglect, psychological and emotional maltreatment

7.      Any act by deeds or words which debases, degrades, or demeans the intrinsic worth and dignity of a child as a human being

8.      Unreasonable deprivation of his basic needs for survival, such as food and shelter

9.      Failure to immediately give medical treatment to an injured resulting in serious impairment of his growth and development or in his permanent incapacity or death

CHILD TRAFFICKING- when a person engages in trading and dealing children including, but not limited to, the act buying and selling of a child for money, or for any other consideration, or barter- the penalty for this is reclusion temporal to reclusion perpetus; shall be imposed in its maximum period when the victim is under 12 years of age

OTHER ACTS OF CHILD ABUSE

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FILING OF COMPLAINT( WHO MAY FILE)

1.      Offended party

2.      Parents or guardians

3.      Ascendant or collateral relative within the 3^rd degree of consanguinity

4.      Officer, social worker, or representative of a licensed child-caring institution

5.      Officer or social worker of DSWD

6.      Brgy, chairman of the place where the violation occurred, where  the child is residing or employed

7.      At least 3 concerned, responsible citizens where the violation occurred

CONFIDENTIALITY- it is unlawful for any editor, publisher, reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue sensationalized publicity of any case of violation of R.A. 7610 which results in the moral degradation and suffering of the offended party

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MAGNA CARTA OF WOMEN

R.A. 9710

RIGHST FO WOMEN

1.      Equal rights in all matters relating to marriage and family relations

2.      Right to be protected in all forms of violence

3.      Right to be protected in times of disasters, calamities, and other crisis situations

4.      Right to participation and equitable representation in all spheres of society

5.      Right against dismissal or expulsion from school due to pregnancy out of wedlock

6.      Right to health

7.      Right to special leave benefits

8.      Right against discriminatory and derogatory portrayal in media and film

9.      Right to decent work

10.   Right to resources for food production

11.   Right to livelihood, credit, capital and technology

12.   Right to education and training

13.   Right to information

14.   Right to housing

15.   Right to representation and participation in policy-making bodies

16.   Right of women in especially difficult circumstances

17.   Right of women senior citizens to protection

SANCTIONS

              If the CHR finds that a department, agency or instrumentality of government, GOCC, LGU has violated any provision of this law, the sanctions under administrative law, civil service or other appropriate laws shall be recommended to the Civil Service Commission and DILG. The person directly responsible for the violation as well as the head of the agency or local chief executive shall be held liable.

              If the violation is committed by a private entity or individual, the person directly responsible for the violation shall be laible to pay damages.

AGGRAVATING CIRCUMSTANCE- violence is perpetrated by agents of the State including, ut not limited to, extrajudicial killings, enforced disappearances, torture, and internal displacements, shall be considered aggravating offenses with corresponding penalties depending on the severity of the offenses

ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

R.A. 9262

VIOLENCE AGAINST WOMEN AND CHILDREN- refers to physical, sexual, psychological, or economic abuse committed by a person:

1.      Against a woman:

a.      Who is his wife or former wife

b.      With whom he has or had sexual or dating relationship

c.      With whom he has a common child

2.      Against her child, whether legitimate or illegitimate who is:

a.      Below 18 years old

b.      Above 18 years old but are incapable of taking care of himself

REMEDIES OF VICTIMS

1.      Criminal action

2.      Criminal action with reservation of a separate civil action

3.      Civil action for damages

4.      Protection order without claiming damages

BATTERED WOMAN SYNDROME is a defense for the woman- refers to psychological and behavioural symptoms found in women living in battering relationships as a result of cumulative abuse

VENUE OF CRIMINAL ACTION- RTC designated as Family Court has original and exclusive jurisdiction. If there is no Family Courtin the place where the offense  was committed, the case shall be filed in the RTC where the crime of any of its elements was committed

BARANGAY PROTECTION ORDER- should be filed with the barangay where the applicant resides.

-        Punong Brgy, should issue the Order on the date of the filing of the application, after ex parte determination of basis of the application

-        If he is not available, it shal be acted upon by any available Brgy. Kagawad, which should contain the Kagawad;s attestation that the Punong Brgy. Is not availableat the time of its issuance

-        Immediately after he shall personally serve a copy to the respondent or direct any Brgy, official to effect its personal service

-        Within 24 hoursafter the issuance, the Punong Brgy or any, shall assist the applicant in filing for a Temporary or Permanent Protection Order with the nearest court in the place or residence of the victim-survivor

JUDICIAL PROTECTION ORDER- by filing a veriied petition with the Family Court of the place where the offended party resides

-        If there is no existing Family Court, it can be filed in RTC, MTC or court with territorial jurisdiction over the place of residence of the offended party

-        The mere fact that there is already a BPO does not bar the filing a petition for protection order with the courts. Neither will it preclude the court from granting the petition.

-        No docket fees and other fees shall be charged for petitions for protection order if the offended party is:

1.      Indigent

2.      In imminent danger or threat of danger

ANTI-TRAFFICKING OF PERSONS ACT OF 2003

R.A. 9208

TRAFFICKING IN PERSONS- refers to the recruitment, transportation, transfer, harbouring, or receipt of persons, within or across national borders, for the purpose of exploitation, such as prostitution, forced labor, slavery, servitude, or the removal/ sale of organs, with or without the consent of the victim

ACTS OF TRAFFICKING IN PERSONS

1.      Recruiting, transporting, transferring, harbouring providing or receiving a person by any means , for the purpose of prostitution, pornography, or sexual exploitation

2.      Introducing or matching for money, profit, or material, economic of other consideration, any person or any Filipino woman to a foreign national for marriage, and ultimately for the purpose of acquiring, buying, offering selling, or trading her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

3.      Offering or contracting marriage , real or eimulated, for the purpose of acquiring, buying, offering, selling or tading the to engage in prostitution , pornography…

4.      Organizing tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for protituion, pornography or sexual expoitation

5.      Maintaining or hiring a person to engage in prostitution or pornography

6.      Adopting or facilitating the adoption of persons fo rth purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

7.      Recruiting, hiring, adopting, transporting or abducting a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person

8.      Recruiting, transporting or adopting a child to engage in armed activities in the Phlippines of abroad

9.      Recruiting , transporting, maintaining, offering or receiving a person for purposes of forced labor, slavery, debt bondage, and involuntary servitude, including a scheme, plan, or pattern intended to cause the person either:

a.      To believe thet he or she or another person would suffer serious harm or physical restraint if the person did not perform such labor or services

b.      To abuse or threaten the use of law or other legal pricesses

10.   Recruiting, transporting, maintaining, adopting, offering, or receiving a child for purposes of exploitation or trading them, including but not limited to, the act or buying and or selling a child for any consideration or for barter for purposes of exploitation

11.   Deirecting other persons tocommit the offenses defined above.

VENUE OF CRIMINAL ACTION

1.      Where the offense was committed

2.      Where any of its elements occurred

3.      Where the trafficked person actually resides at the time of the commission of the offnse

ANTI-SEXUAL HARRASSMENT ACT OF 1995

R.A. 7877

SEXUAL HARRASSMENT- at of demanding or requesting sexual favour, by a person gaving authority or moral ascendency over another, regardless of whether the demand or request is accepted or not

ACTS OF SEXUAL HARRASSMENT

-        In a work- related environment:

1.      When sexual favour is made as a condition for

a.      Hiring, reemployment, or continued employment

b.      Granting favourable compensation, terms, conditions, promotions, or prviliges

2.      When refusal to grant the sexual favour results in

a.      Discrimination

b.      Deprivation of employment opportunities

c.      Diminished employment opportunities

d.      Other adverse effects

3.      When sexual advances:

a.      Impair employee rights or privileges

b.      Result in an intimidating, hostile, or offensive environment

PLACES WHERE SEXUAL HARRASSMENT CAN BE COMMITTED:

1.      In a work-related environment

2.      In an education or training environment

OBLIGATIONS OF EMPLOYER OR HEAD IF EDUCATIONAL OR TRAINING INSTITUTION

1.      Create a committee ondecorum and investigation to handle cases onsexual harassment

2.      Promulgate rules and regulations prescribing:

a.      The guidelines on proper decorum in the workplace, educational or training institutions

b.      The procedure for the investigation of sexual harrssment cases

c.      The administrative sanctions therefore

PENALTIES

1.      Imprisonment rangin from 1 month to 6 months

2.      Fine ranging from P10,000 to P20,000

3.      3. Bith such fine and imprisonment at the discretion of the court

*prescribes in 3 years

SENIOR CITIZENS ACT

R.A. 7432

SENIOR CITIZEN- refers to a resident citizen of the Philippines at least 60 years old. It includes Filipinos with “dual citizenship” status, provided they have at least 6 months residency in the Philippines.

PRIVILEDGES OF SENIOR CITIZENS

1.      20% discount and exemption from the VAT for their exclusive use and enjoyment of the ff goods and services:

a.      Purchase of medicine

b.      Professional fees of attending physician

c.      Professional fees of health workers

d.      Medical and dental services, diagnostic and laboratory fees

e.      Actual fare for land transportation

f.       Actual fare for air and sea transportation

g.      Using services in hotels, restaurants and recreation centers

h.     Admission fees charged by theaters, cinema house and concert halls, carnivals, and other similar places of culture, leisure and amusement

i.       Funeral and burial service

2.      The exemption from the payment of individual income taxes

3.      5% discount on the monthly utilization of water and electricity supplied by public utilities

4.      Exemption from training fees for socioeconomic programs

5.      Free medical and dental services in all government facilities, subject to the guidelines to be issued by the DOH in coordination with the PHIC

6.      Educational assistance for post secondary, post tertiary, vocational and technical education as well as short term courses for retooling in both public and private schools through provision of scholarships, grnts, financial aids, subsidies, including support for books, learning materials, and uniform allowance, to the extent feasible, if the senior citizen meets the minimum admission requirements

7.      To the extent practicable and feasible, the continuance of same benefits and privileges given by GSIS, SS, and HDMI as the case may be, as are enjoyed by those in actual service

8.      Speicla discounts in special programs for senior citizens on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the DTI and DA

9.      Express lanes in all commercial and government establishments or in the absence thereof, priority shall be given t them

10.   Death benefit, assiatnce of a minimum of P2,000 to be given to the nearest surviving relative of a deceased senior citizen which amount shall be subject to adjustments due to inflation in accordance with the guidelines to be issued by the DSWD

11.   National Health Insurance Program coverage

CONDITIONS FOR AVAILMENT OF PRIVILEGES

1.      Senior citizen’s ID issued by the Office of the Senior Citizens Affairs

2.      Philippine passport of the senior citizen

3.      Other documents showing the age and Filipino citizenship such as driver’s license, voter’s ID, SSS/ GSIS ID, PRC card, or postal ID

ADDITIONAL TAX DEDUCTION FOR PRIVATE ENTITIES THAT EMPLOYE SENIOR CITIZENS

1.      Employment shall continue for a period of at least 6 months

2.      The annual income of the senior citizen does not exceed the latest poverty threshold as determined by the National Statistical Coordination Boarrd of the NEDA for the year

CRIMINAL OFFENSES

1.      Refusal to honor the senior citizen’s card

2.      Abuse of senior citizen privileges

a.      Using several purchase booklets

b.      Availing of the discount to buy medicines, drugs, medical accessories and supplies not for  the use of the senior citizen

c.      Unauthorized use of the ID card of the senior citizen

THE OFFICE OF THE SENIOR CITIZENS AFFAIRS

All cities and municipalities are obliged to have this. It should be headed by the mayor for a term of 3 years without reappointment but without prejudice to an extension if exingency so requires. Said appointee shall be chosen from a list of 3 nominees as recommended by a general assembly of senior citizens organization in the city or municipality.

-        The Head shall not be removed or replaced except for reasons of death, permanent disability,or ineffective performance ofbhis duties to the detriment of fellow senior citizens.

HOME DEVELOPMENT MUTUAL FUND LAW OF 1980

P.D. 1752

OBJECTIVE OF THE LAW- to motivate the employed and other working groups to better plan and provide for their housing needs, by membership in the HDMF, with mandatory contributory support of the employers in the spirit of social justice and the pursuit of national development

CORPORATE ENTITY

COMPULSORY COVERAGE

1.      All employees covered by the SSS and GSIS

2.      All employees, nothwithstading any waiver of coverage previously issued

3.      All uniformed members of the AFP, BFP, BJMP and the PNP

4.      Filipinos employed by foreign-based employers

VOLUNTARY COVERAGE- Spouses who devote full time managing the household and family affairs, working groups with or without employer contributions as may be determined by the Board of Trustees

FUND CONTRIBUTIONS

EMPLOYEES

a.      1% - earning not more than P1,500 per month

b.      2% - earning more than P1,500 per month

EMPLOYERS

a.      2% of the monthly compensation of all covered employees

TERM OF MEMBERSHIP-20 years, unless, earlier terminated by reason of retirement, disability, insanity, death, departure from the country of other causes as may be provided for by the Board of Trustees

-        Upon termination of membership, the employee, his estate or beneficieries can get all contributions that he has made, including the contrbutions made by the employer on his own behalf

HOUSING FEATURES-housing loan;  a member of good standing may apply, under such terms as may be authorized by the Board of Trustees, taking into account ability to pay

SUBSTITUE RETIREMENT PLAN

PENAL PROVISIONS

NATIONAL HEALTH INSURANCE ACT OF 1996

R.A. 7875 as amended by R.A. Nos. 9241 and 10606

OBJECTIVE- to adopt an integrated and comprehensive approach to health development and to make essential goods, health and other social services available to all the people at affordable cost, with priority for the needs of the underprivileged, sick, elderly, disabled, women, and children and provide free medical care to paupers.

COVERAGE-all citizens of the Philippines

Compulsory- all provinces, cities, and municipalities worldwide, notwithstanding the existence of a LGU-based health insrurance program.

ENROLMENT OF BENEFICIARIES- in order for them to avail benefits under the law.

-this process includes the identification of beneficiaries, issuane of appropriate documenst specifying eligibility to benefits, and indication on how the beneficiaries’ membership was obtained or is being maintained.

ENROLMENT REQUIREMENTS

1.      Submit reg form, whereby the card member shall cerify the truthfulness and accuracy of the information provided including the list of delared qualified legal dependents

2.      If warranted the PHIC may require submission of supporting documents 

3.      The same process shall be maintained for amendments or revisions to any submitted data of the member dependents

PREMIUM CONTRIBUTIONS

1.      Member sof the formal economy- maximum of 5% of the basic monthly salary to be shared equally by the employer and the employee

2.      Members in the informal economy- contributions shall be based primarily on household earnings and assets

3.      For sponsored members-

-        Premium contribution of orphans, abandoned and abused minors, out of school youth, street children, persons wth disability, senior citizens and battered women under the care of the DSWD shall be paid by the said department

-        Premium contributions of all barangay health workers, nutrition scholars,  and other brgy workers and volunteers shall be fully borne by the LGU concerned

-        The annual premium contributions of house helpers shall be fully paid by their employers, in accordance with the provisions of the DWA

4.      For indigents- contributions shall be fully subsidized by the national Govt

5.      For unenrolled women about to give birth- contribution shall be borne by the national govt. lgu or legis sponsor

BANEFITS UNDER THE NHIP

1.      In-patient hospital care:

a.      Room and board

b.      Services of health care professionals

c.      Diagnostic, lab, and other medica exam services

d.      Use of surgical or medical equipment

e.      Prescription drugs and biologicals, subject to the limitations stated in Sec37 of National Health Insurance Act of 2013

f.       In- patien education packages

2.      Out-patient care

a.      Services of health care professionals

b.      Diagnostic, lab and other medical examination servoces

c.      Personal preventive services

d.      Prescription drugs and biological, subject to the limitations described in Sec 37 of the NHI Act of 2013

3.      Emergency and transfer services

4.      Such other health care sevices that the PHIC andDOH shall determine to be appropriate and cost-effective

CONDITIONS FOR ENTITLEMENT TO BENEFITS-

Should have paid the minimum contributions with sufficient regularity for at least 3 months within the 6 month period prior to the 1^st day of availment

HEALTH CARE PROVIDERS

1.      Health care institution duly licensed and accredited devoted primarily to the aintenance and operation of facilities for health promotion, prevention, diagnosis, treatmet…

2.      Any institution, buiding, or place where there are installed beds, cribs or bassinets for 24 hours use or longer by patients in the treatment of diseases, injuries,….

3.      A heath care professional, who is any doctor of medicine, nurse, midwife, dentist, or other health care professionalor practitionerduly licensed to practice in the Phils and accredited by the Corp

4.      A health maintenance org, whi sh is an entity that provides, offers, or arranges for coverage of designated health services needed by plan members for a fixed prepaid premium

5.      A community-based health care org, which is in association of indigenous members of the community

SOCIAL SECURITY LAW

R.A. 1161

OBJECTIVE-enacted under the policy of the State to establish develop, and promote a sound and viable tax exempt social security system suitable ti the needs of the people throughout the Phils and provide meaningful protection to members and their beneficiaries againsta hazards of disability, sickness, maternity, old age, and death, an other contingencies resuting in loss of income or financial benefits

COMPULSORY COVERAGE        

1.      All employers

2.      All employes not over 60 years old

3.      Domestic helpers

4.      Aliens employed in the Phils

5.      Self employed persons:

a.      Professional s

b.      Partners and single proprietors of businesses

c.      Actors and actresses, directors, scriptwriters and news correspondents

d.      Professional athletes, coaches, trainers, and jockeys

e.      Individual farmers and fishermen

VOLUNTARY COVERAGE

1.      Spouses who devote full-time to managing the household and family affairs

2.      Filipinos recruited by foreign-based emploers for overseas employment

EMPLOYEES NOT COVERED

1.      Purely casual employees whose job is not for the purpose of business of the employer

2.      Employees serving on an alien vessel, when such vessel is outside the Philippines

3.      Employees of the Philippine government or any of its instrumentalities and agencies

4.      Employees of foreign governments or international orgs

5.      Temporary employees if excluded by regulation of the Social Security Commission

OBLIGATIONS OF EMPLOYER

1.      To report employees for coverage

2.      To deduct from the employees monthly salary the employee’s contribution

3.      To pay the employer’s share in the SS premium contrbutions

4.      To remit the premium contributions to the SSS within the 1^st 10 days of each month

EFFECT OF NON- REPORTING OR NON-REMITTANCE

1.      If the employee becomes sick, disabled, retires or dies, the employer is liable to the SSS for damages equivalent to the benefits to said employee would have been entitled had his name been reported on time

2.      In case of pension benefits, the employer is liable to the SSS for damages equivalent to whichever is higher between:

a.      The accumulated pension due as of the date of settlement of the claim

b.      To the 5 years monthly pension, including dependents monthly pensions

EFFECT FO FAILURE TO MAKE TIMELY REMITTANCE OR CONTRIBUTION

In addition to criminal liability, the employer shall be liable to pay

1.      The contributions, plus

2.      3% penalty per month frm the date the contribution fell due

EFFECT OF INTERRUPTION OF BUSINESS OR PROFESSIONAL INCOME

EFFECT OF SEPARATION FROM EMPLOYMENT-employer’s obligation to pay contribution shall cease at the end of the month of separation

BENEFITS

1.      Maternity leave benefits

2.      Sickness benefit

3.      Permanent total disability benefit

4.      Permanent partial disability benefit

5.      Retirement benefit

6.      Death benefit

7.      Funeral benefit

GOVERNMENT SERVICE INSURANCE SYSTEM ACT OF 1997

P.D. 1146 as amended by R.A. 8291

COMPLUSORY COVERAGE

1.      All government personnel who are receiving fixed monthly compensation and have not reached the mandatory retirement of 65 years, whether elective or appointive

2.      Elective officials who will be more than 65 years old at the end of his term (including the period of his re-election without interruption)

3.      Officials appointed by the President of the republic of the Phils who remain in the office after reaching the age of 65

4.      Contractual or casual employees who receive fixed monthly ompensation and render the required number of working hours for the month

EMPLOYEES NOT SUBJECT TO COMPULSORY COVERAGE

1.      Uniformed personnel of the AFP, PNP, BPF and BJMP

2.      Brgy and Sanggunian Officials who are not receiving fixed monthly ompensation

3.      Contractual employees who are not receiving fixed mothly compensation

4.      Employees who do not have monthly regular hours of work and are not receiving fixed monthly compensation

SEPARATION FROM GOVERNMENT SERVICE- does not terminate membership

BENEFITS

1.      Separation benefits

2.      Unemployment or involuntary separation benefits

3.      Permanent total disability benefits

4.      Permanent partial disability benefits

5.      Temporary total disability benefits

6.      Retirement benefits

7.      Survivorship benefits

8.      Funeral benefits

9.      Life insurance benefit

105 EXPANDED MATERNITY LEAVE LAW

R.A. 11210

…

ANTI –AGE DISCRIMINATION IN EMPLOYMENT ACT

R.A. 10911

PHILIPPINE HIV AND AIDS POLICY ACT

R.A. 11166