Article 57Labor and Agrarian Laws and Social Legislation, p. 57

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

with the investments authorized under Section 26 hereof,

under such terms and conditions as it may prescribe and

approved by the President of the Philippines; and

(7) 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 four (4), paragraph seven (7) 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

preceding

year

including

information

and

recommendations on broad policies for the development

and perfection of the program of the SSS;

(2) To require the actuary to submit a valuation report on

the SSS benefit program every four (4) 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, 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, subject to the approval of

the

President of the Philippines: Provided , That the

actuarial

soundness

of

the

reserve

fund

shall

be

guaranteed: Provided , further , That such increases in

benefits shall not require any increase in the rate of

contribution;

(3) To establish offices of the SSS to cover as many

provinces, cities and congressional districts, 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, from time to time, a budget of expenditures

including salaries of personnel, against all funds available

to the SSS under this Act;

(6) To set up its accounting system and provide the

necessary personnel therefor;

(7)

To

require reports, compilations and analyses of

statistical and economic data and to make investigation

as may be needed for the proper administration and

development of the SSS;

(8) To acquire and dispose of property, real or personal,

which may be necessary or expedient for the attainment

of the purposes of this Act;

(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 sue and be sued in court; and

(11) To perform such other corporate acts as it may deem

appropriate for the proper enforcement of this Act.

SECTION 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 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 Courts. - 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 exhausted 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 prosecutors.

(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 questions of

law, the same shall be reviewed by the Supreme Court.

No appeal bond shall be required. The case shall be heard

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 a 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.

SECTION 6. Auditor and Counsel . - (a) The Chairman of

the Commission on Audit shall be the ex-officio Auditor of

the SSS. He or his representative shall check and audit all

the accounts, funds and properties of the SSS in the same

manner and as frequently as the accounts, funds and

properties of the government are checked and audited

under

existing

laws,

and

he

shall

have,

as

far

as

practicable, the same powers and duties as he has with

respect to the checking and auditing of public accounts,

funds and properties in general.

(b) The Secretary of Justice shall be the ex-officio counsel

of the SSS. He or his representative shall act as legal

adviser and counsel thereof.

SECTION

7.

Oaths,

Witnesses,

and

Production

of

Records . - When authorized by the Commission, an

official or employee thereof shall have the power to

administer oath and affirmation, take depositions, certify

to official acts, and issue subpoena and subpoena duces

tecum to compel the attendance of witnesses and the

production of books, papers, correspondence and other

records deemed necessary as evidence in connection

with any question arising under this Act. Any case of

contumacy shall be dealt with by the Commission in

accordance with law.

SECTION 8. Terms Defined . - For purposes of this Act,

the following terms shall, unless the context indicates

otherwise, have the following meanings:

(a) SSS - The Social Security System created by this Act.

(b) Commission - The Social Security Commission as

herein created.

(c) Employer- Any person, natural or juridical, domestic or

foreign, who carries 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,

except

the

Government

and

any

of

its

political

subdivisions,

branches

or

instrumentalities,

including

corporations

© Compiled By RGL

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