Article 66Labor and Agrarian Laws and Social Legislation, p. 66

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

penalties

Provided

for

in

Article

One

hundred

seventy-two of the Revised Penal Code.

(b) Whoever shall obtain or receive any money or check

under this Act or any agreement thereunder, without

being

entitled

thereto

with

intent

to

defraud

any

member, employer or the SSS, shall be fined not less than

Five thousand pesos (P5,000.00) nor more than Twenty

thousand pesos (P20,000.00) and imprisoned for not less

than six (6) years and one (1) day nor more than twelve (12)

years.

(c) Whoever buys, sells, offers for sale, uses, transfers or

takes or gives in exchange, or pledges or gives in pledge,

except as authorized in this Act or in regulations made

pursuant thereto, any stamp, coupon, ticket, book or

other

device,

prescribed

pursuant

to

Section

Twenty-three hereof by the Commission for the collection

or payment of contributions required herein, shall be

fined not less than Five thousand pesos (P5,000.00) nor

more

than

Twenty

thousand

pesos

(P20,000.00),

or

imprisoned for not less than six (6) years and one (1) day

nor more than twelve (12) years, or both, at the discretion

of the court.

(d) Whoever, with intent to defraud, alters, forges, makes

or counterfeits any stamp, coupon, ticket, book or other

device prescribed by the Commission for the collection or

payment of any contribution required herein, or uses,

sells, lends, or has in his possession any such altered,

forged or counterfeited materials, or makes, uses, sells or

has in his possession any such altered, forged, material in

imitation of the material used in the manufacture of such

stamp, coupon, ticket, book or other device, shall be fined

not less than Five thousand pesos (P5,000.00) non more

than Twenty thousand pesos (P20,000.00) or imprisoned

for not less than six years (6) and one (1) day nor more

than twelve (12) years, or both, at the discretion of the

court.

(e) Whoever fails or refuses to comply with the provisions

of this Act or with the rules and regulations promulgated

by the Commission, shall be punished by a fine of not less

than Five thousand pesos (P5,000.00) nor more than

Twenty thousand pesos (P20,000.00), or imprisonment for

not less than six (6) years and one (1) day nor more than

twelve (12) years, or both, at the discretion of the court:

Provided , That where the violation consists in failure or

refusal to register employees or himself, in case of the

covered self-employed or to deduct contributions from

the employees' compensation and remit the same to the

SSS, the penalty shall be a fine of not less Five thousand

pesos (P5,000.00) nor more than Twenty thousand pesos

(P20,000.00) and imprisonment for not less than six (6)

years and one (1) day nor more than twelve (12) years.

(f) If the act or omission penalized by this Act be

committed by an association, partnership, corporation or

any other institution, its managing head, directors or

partners shall be liable for the penalties Provided in this

Act for the offense.

(g) Any employee of the SSS who receives or keeps funds

or property belonging, payable or deliverable to the SSS

and who shall appropriate the same, or shall take or

misappropriate,

or

shall

consent,

or

through

abandonment or negligence, shall permit any other

person to take such property or funds, wholly or partially,

or shall otherwise be guilty of misappropriation of such

funds or property, shall suffer the penalties Provided in

Article Two hundred seventeen of the Revised Penal

Code.

(h) Any employer who, after deducting the monthly

contributions or loan amortizations from his employee's

compensation, fails to remit the said deduction to the SSS

within thirty (30) days from the date they became due,

shall

be

presumed

to

have

misappropriated

such

contributions or loan amortizations and shall suffer the

penalties Provided in Article Three hundred fifteen of the

Revised Penal Code.

(i)

Criminal

action

arising

from

a

violation

of

the

provisions of this Act may be commenced by the SSS or

the employee concerned either under this Act or in

appropriate

cases

under

the

Revised

Penal

Code:

Provided , That such criminal action may be filed by the

SSS in the city or municipality where the SSS office is

located,

if

the

violation

was

committed

within

its

territorial jurisdiction or in Metro Manila, at the option of

the SSS.

SECTION 29. Government Aid . - The establishment of the

SSS shall not disqualify the members and employers

from receiving such government assistance, financial or

otherwise, as may be Provided .

SECTION 30. Transitory Clause . - Any employer who is

delinquent or has not remitted all contributions due and

payable to the SSS may, within six (6) months from the

effectivity of this Act, remit said contributions or submit a

proposal to pay the same in installment within a period of

not more than twelve (12) months from the effectivity of

this Act without incurring the prescribed penalty, subject

to the implementing rules and regulations which the

Commission may prescribe: Provided , That the employer

submits the corresponding collection lists together with

the

remittance

or

proposal

to

pay

in

installments:

Provided , further , That in case the employer fails to remit

contributions

within

the

six-month

grace

period

or

defaults in the payment of any amortization Provided the

approved

proposal,

the

prescribed

penalty

shall

be

imposed from the time the contributions first became

due as Provided in Section 22 (a) hereof."

Section 2. Separability Clause . - If any provision of this

Act is declared invalid, the other provisions not affected

thereby shall remain valid.

Section 3. Repealing Clause . - All laws, proclamations,

executive orders, rules and regulations or parts thereof

inconsistent with this Act are hereby repealed, modified

or amended accordingly: Provided , That no person shall

be deemed to be vested with any property or other right

by virtue of the enactment or operation of this Act.

Section 4. Effectivity Clause . - This Act shall take effect

fifteen (15) days after its complete publication in the

Official Gazette or in at least two (2) national newspapers

of general circulation whichever comes earlier.

Approved: May 01, 1997

RA No 8291 | GSIS Act of 1997

Rules and Regulations Implementing the GSIS Act

May 30, 1997

AN ACT AMENDING PRESIDENTIAL DECREE NO. 1146,

AS AMENDED, EXPANDING AND INCREASING THE

COVERAGE AND BENEFITS OF THE GOVERNMENT

SERVICE INSURANCE SYSTEM, INSTITUTING REFORMS

THEREIN AND FOR OTHER PURPOSES

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled: :

SECTION 1. Title . - The title of this Act shall be: " The

Government Service Insurance System Act of 1997 ."

A. DEFINITIONS

SECTION 2. Definition of terms. - Unless the context

otherwise indicates, the following terms shall mean:

(a) GSIS - The Government Service Insurance System

created by Commonwealth Act No. 186;

(b) Board - The Board of Trustees of the Government

Service Insurance System;

(c)

Employer -

The

national

government,

its political

subdivisions,

branches,

agencies

or

instrumentalities,

including government-owned or controlled corporations,

© Compiled By RGL

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