FERNANDO, Nikki Luz C.

2D Soc.
SSS BAR QUESTIONS:
1. Tito Paciencioso is an employee of a foundry shop in Malabon, Metro Manila. He is
barely able to make ends meet with his salary of P4,000.00 a month. One day, he asked
his employer to stop deducting from his salary his SSS monthly contribution, reasoning
out that he is waiving his social security coverage.
If you were Titos employer, would you grant his request? Why? (6%)
2. Carol de la Cruz is the secretary of the proprietor of an auto dealership in quezon City.
She resides in Caloocan City. Her office hours start at 8 a.m. and end at 5 p.m. On July
30, 2008, at 7 a.m. while waiting for public transport at Rizal Avenue Extension as has
been her routine, she was sideswiped by a speeding taxicab resulting in her death. The
father of Carol filed a claim for employee's compensation with the Social Security
System. Will the claim prosper? Why? (6%)
3. Assume that in Problem 5, Mario, an RSC member disgusted with the non-payment of
his night shift differential and overtime pay, filed a complaint with the DOLE Regional
Office against RSC and PizCorp. After inspection, it was found that indeed Mario was
not getting his correct differential and overtime pay and that he was declared an SSS
member (so that no premiums for SSS membership were ever remitted). On this basis, the
Regional Director issued a compliance order holding PizCorp and RSC solidarily liable
for the payment of the correct differential and overtime pay and ordering PizCorp to
report Mario for membership with SSS and remit overdue SSS premiums.
Who has the obligation to report the RSC members for membership with the SSS, with
the concomitant obligation to remit SSS premiums? Why? (6%)
4. Don Luis, a widower, lived alone in a house with a large garden. One day, he noticed
that the plants in his garden needed trimming. He remembered that Lando, a 17-year old
out-of-school youth, had contacted him in church the other day looking for work. He
contacted Lando who immediately attended to Don Luiss garden a nd finished the job in
three days. (4%)
(A) Is there an employer-employee relationship between Don Luis and Lando?
(B) Does Don Luis need to register Lando with the Social Security System (SSS)?

5. Luisito has been working with Lima Land for 20 years. Wanting to work in the public
sector, Luisito applied with and was offered a job at Livecor. Before accepting the offer,
he wanted to consult you whether the payments that he and Lima Land had made to the
Social Security System (SSS) can be transferred or credited to the Government Service
Insurance System (GSIS). What would you advice? (4%)
6. Lizzy Lu is a sales associate for Luna Properties. The latter is looking to retrench Lizzy
and five other sales associates due to financial losses. Aside from a basic monthly salary,
Lizzy and her colleagues receive commissions on the sales they make as well as cost of
living and representation allowances. In computing Lizzys separation pay, Luna
Properties should consider her: (1%)
(A) monthly salary only
(B) monthly salary plus sales commissions
(C) monthly salary plus sales commissions, plus cost of living allowance
(D) monthly salary plus sales commissions, plus cost of living allowance and
representation allowance
7. A, single, has been an active member of the Social Security System for the past 20
months. She became pregnant out of wedlock and on her 7th month of pregnancy, she
was informed that she would have to deliver the baby through caesarean section because
of some complications. Can A claim maternity benefits? If yes, how many days can she
go on maternity leave? If not, why is she not entitled? (3%)
8. AB, single and living-in with CD (a married man), is pregnant with her fifth child. She
applied for maternity leave but her employer refused the application because she is not
married. Who is right? Decide. (5%)
9. Can a member of a cooperative be deemed an employee for purposes of compulsory
coverage under the Social Security Act? Explain. (2%)
10. Because of the stress in caring for her four (4) growing children, Tammy suffered a
miscarriage late in her pregnancy and had to undergo an operation. In the course of the
operation, her obstetrician further discovered a suspicious-looking mass that required the
subsequent removal of her uterus (hysterectomy). After surgery, her physician advised
Tammy to be on full bed rest for six (6) weeks. Meanwhile, the biopsy of the sample
tissue taken from the mass in Tammy's uterus showed a beginning malignancy that
required an immediate series of chemotherapy once a week for four (4) weeks.
What can Roger-Tammy's 2nd husband and the father of her two (2) younger children claim as benefits under the circumstances? (4%)