Socleg Finals

1. Sexual Harassment  How committed? o Demands, requests, or otherwise requires any sexual favor from the other regardless of whether the demand or request or requirement for submission is accepted by the object of the said act. o Work related or employment: sexual favor is made as a condtion for hiring, re employment, continued employment, granting favorable compensation, terms, conditions, promotions, privileges. o Education of training environment: against who is under the care, custody or supervision, entrusted, condtion to giving passing grade, granting honors, scholarship, stipend, allowance or others. o When results in intimidating, hostile, offensive r trainee or apprentice  Where? o In work or taining education environment  Who commits? o Employer o Employee o Manager o Supervisor o Agent of employer o Teacher o Instructor o Professor o Coach o Trainor o Anyone with authority, influence or moral  Definition  When committed (WET) Work related, education related, training related

2. 24 Hour Duty Doctrine a. The 24 Hour Duty Doctrine” applies to both policemen and firemen. The policemen and firemen are technically on duty 24 hours a day except when they are on vacation

leave, they may be “on-call” anytime. However, to be compensable, the injury should be caused by an activity which is police or firemen services in character (reasonable connection between the injury and the work or service)  Compensability of police officers o Grounds(a) For the injury and the resulting disability or death to be compensable, the injury must be the result of an employment accident satisfying all of the following conditions: (1) The employee must have been injured at the place where his work requires him to be; (2) The employee must have been performing his official functions; and (3) If the injury is sustained elsewhere, the employee must have been executing an order for the employer.  Reasonable nexus rule  Compensability of military officers on leave 3. GSIS x SSS  Forfeiture of life annuities  Return of contributions  Compulsary vs Voluntary o GSIS – compulsory only  All Ees receiving compensation who have not reached the compulsory retirement age, irrespective of employment status.  XPNs: 1. Uniformed members of the: AFP; and PNP.  2. Contractuals who have no Er and Ee relationship with the agencies they serve. o SSS – has both  Compulsory Coverage  a. All Ees not over 60 years of age and their Ers;  b. Domestic helpers whose income is not less than P 1000/month and not over 60 years of age and their Ers; All self‐employed – considered both an Er and Ee d. Professionals;

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e. Partners and single proprietors of business; f. Actors and actresses, directors, scriptwriters and news correspondents who do not fall within the definition of the term “Ee”; g. Professional athletes, coaches, trainers and jockeys; AND h. Indivi Voluntary Voluntary a. Spouses who devote full time to managing the household and family affairs, unless they are also engaged in other vocation or employment which is subject to mandatory coverage ; (Sec. 9[b]) b. Filipinos recruited by foreign‐based Ers for employment abroad may be covered by the SSS on a voluntary basis; (Sec. 9[c]) c. Ee separated from employment to maintain his right to full benefits d. Self‐employed who realizes no income for a certain monthdual farmers and fisherman.

4. CARP  Agricultural tenant vs agri worker o Agricultural tenant –the physical possession by a person of land devoted to agriculture, belonging to another for the purpose of production through the labor of the former and of the members of his immediate farm household in consideration of which the former agrees to share the harvest with the latter or to pay a price certain or ascertainable, either in produce or in money, or in both. Means a person who by himself and with the aid available from within his immediate farm household, cultivates the land belonging to, or possessed by, another with the latter’s consent.  Test to determine tenancy relationship

Agricultural tenancy relationship – The essential elements of an agricultural tenancy relationship are: (1) the parties are the landowner and the tenant or agricultural lessee; (2) the subject matter of the relationship is agricultural land; (3) there is consent between the parties to the relationship; (4) the purpose of the relationship is to bring about agricultural production; (5) there is personal cultivation on the part of the tenant or agricultural lessee; and (6) the harvest is shared between the landowner and the tenant or agricultural lessee. Expropriation proceedings o

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Procedure: 1. Identification by the DAR of the land, landowner and beneficiary; 2. Notice by the DAR to the landowner about the compulsory acquisition and the price offer by mail and posting in brgy hall and municipal hall 3. Reply by the landowner about his acceptance or rejection of the offered price. -If LO accepts price, LBP will pay LO within 30 days from execution and delivery of Deed of Transfer -If LO rejects, DAR will determine just compensation thru administrative proceedings; If LO disagrees with the decision of the DAR, he may bring the matter to the regular courts of justice for final determination of just compensation. 4. Taking of immediate possession of the land by the DAR. - If LO receives the corresponding payment; or -If LO does not respond to the Notice of Acquisition.

5. Request by the DAR to the Registry of Deeds to issue a TCT to the Republic of the Phil. 6. Distribution of the land to the qualified beneficiaries. NOTICES required for the validity of implementation: Notice of Coverage pursuant to DAR AO No. 12, s. 1989 Notice of Acquisition pursuant to Sec 16 of CARL

Failure to comply with the proper procedure would be a violation of constitutional due process and should be deemed arbitrary, capricious, whimsical, and tainted with grave abuse of discretion.  

Disturbance compensation Coverage, distribution, acquisition COVERAGE: (a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into account ecological, developmental and equity considerations, shall have determined by law, the specific limits of the public domain; b) All lands of the public domain in excess to the specific limits as determined by Congress in the preceding paragraph; c) All other lands owned by the Government devoted to or suitable for agriculture; d) All private lands devoted to or suitable for agriculture regardless of the agricultural ACQUISITION: All remaining agricultural lands during the 5 yr extension period up to June 30, 2014, in the following order of priority: a. Lands with an area of more than 50 hectares, specifically: 1. Those subjected to Notice of Coverage on or before 12-1008 2. Rice and corn lands 3. Idle or abandoned lands 4. Private lands voluntarily offered 5. Lands foreclosed 6. Lands acquired by the PCGG

7. All other lands owned by the government devoted to or suitable for agriculture b. Lands with an area of 24 hectares up to 50 hectares, specifically: c. Lands with an area of more than 10 hectares up to 24 hectares d. Lands from the retention limit up to 10 hectares. Qualified beneficiaries – only farmers and regular farmworkers actually tilling the lands, as certified under oath by the BARC and attested under oath by the landowners. DISTRIBUTION: The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority: (a) agricultural lessees and share tenants; (b) regular farm workers; (c) seasonal farm workers; (d) other farm workers; (e) actual tillers or occupants of public lands; (f) collective or cooperatives of the above beneficiaries; and (g) others directly working on the land. Provided, however, That the children of landowners who are qualified under Section 6 of this Act shall be given preference in the distribution of the land of their parents; and: Provided, further, that actual tenant -tillers in the landholding shall not be ejected or removed therefrom. 5. TERMS Reasonable nexus rule          6. 

Absence Presence Disability/death Death Night pass Dispatch Peace keeping Death Compesable Solo parent act Definition

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When allowed to work in a flexi sched Conditions Vs single parent Death Benefits Coverage o SSS: o Upon death of a member, if he has paid at least 36 monthly contributions prior to the semester of death: a.primary beneficiaries shall be entitled to the monthly pension; or b. If there are no primary beneficiaries, secondary beneficiaries shall be entitled to a lump sum benefit equivalent to 36 times the monthly pension. o Upon death of a member If he has not paid the required 36 monthly contributions prior to the semester of death: 1. Primary or secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the monthly pension multiplied by the number of monthly contributions paid to the SSS: or 2. 12 times the monthly pension, whichever is higher. (Sec. 13) Beneficiaries o Dependent Spouse—until he or she remarries. o Dependent Children—until they get married, or find gainful employment, or reach twenty‐one (21) years of age. o Dependent Child suffering from physical or mental defect —until such defect disappears. Requirements o The beneficiaries of a deceased Ee shall be entitled to an income benefit if all of the following conditions are satisfied: o The Ee has been duly reported to the System; o He died as a result of an injury or sickness; and o The System has been duly notified of his death, as well as the injury or sickness which caused his death.

8. Maternity Benefits

a. The maternity benefit is a daily cash allowance granted to a female member who was unable to work due to childbirth or miscarriage. b. She has paid at least three monthly contributions within the 12‐month period immediately preceding the semester of her childbirth or miscarriage. c. She has given the required notification of her pregnancy through her employer if employed, or to the SSS if separated, voluntary or self‐employed member. d. The maternity benefit is equivalent to 100 per cent of the member’s average daily salary credit multiplied by 60 days for normal delivery or miscarriage, 78 days for caesarean section delivery. 9. Sickness benefits a. It is a daily cash allowance paid for the number of days a member is unable to work due to sickness or injury. b. The member paid at least 3 monthly contributions in the 12‐month period immediately preceding the semester of sickness or injury c. Confined for more than 3 days in a hospital or elsewhere with the approval of the SSS d. He has used all current company sick leaves with pay for the current year e. Notified his Er or the SSS, if he is a separated, voluntary or self‐employed member 10. Utmost liberality rule 11. Liberal interpretation rule 12. Limited Portability Law  Gamo Gamo case’  Definition o A covered worker who transfers employment from one sector to another or is employed on both sectors, shall have creditable services or contributions on both Systems credited to his service or contribution record in each of the Systems and shall be totalized for purposes of old‐age, disability, survivorship, and other benefits in either or both Systems. (Sec. 3) o refers to the transfer of funds for the account and benefit of a worker who transfers from one system to the other.  What must be proved to be entitled to claim

Limitation: No compensation shall be allowed to the employee or his dependents when the injury, sickness, disability, or death was occasioned by any of the following: (1) his intoxication; (2) his willful intention to injure or kill himself oranother; or (3) his notorious negligence (4)As otherwise provided by law

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Can he claim from both systems Grounds for entitlement o Injury, Sickness, Disability, Death

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For the injury and the resulting disability or death to be compensable, the injury must be the result of accident arising out of and in the course of the employment. For the sickness and the resulting disability or death to be compensable, the sickness must be the result of an occupational disease listed under Annex ―A‖ of these Rules with the conditions set therein satisfied, otherwise, proof must be shown that the risk of contracting the disease is increased by the working conditions.