Title
Franklin Baker Company of the Philippines vs. Social Security System
Case
G.R. No. L-17361
Decision Date
Apr 29, 1963
Franklin Baker contested SSS premium liability for an employee on unpaid leave; Supreme Court upheld employer's obligation, affirming "theoretical salary" basis for contributions.

Case Digest (G.R. No. L-17361)
Expanded Legal Reasoning Model

Facts:

  • Background of the Parties
    • Petitioner-Appellant: Franklin Baker Company of the Philippines
      • Engaged in the manufacture of dessicater coconut in San Pablo City.
      • A compulsory member of the Social Security System (SSS).
    • Respondent-Appellee: Social Security System
      • Governing agency administering Social Security benefits and premium contributions.
  • Employment and Membership Details
    • Employee Involved: Tomas Zamora
      • A deceased employee of Franklin Baker Company and a compulsory SSS member.
    • Nature of Employment Relationship
      • Despite periods of inactivity and leave, the employer-employee relationship remained intact under the Social Security Act.
  • Operational Circumstances
    • Temporary Cessation of Operations
      • Franklin Baker Company temporarily suspended operations from December 22, 1957, to February 18, 1958.
      • Reasons included annual overhauling of machinery and lack of production orders from its U.S. mother company.
    • Employee Service and Leave
      • Tomas Zamora rendered no actual services during the temporary cessation period.
      • Subsequently, he went on sick leave without pay from March 9, 1958, until his death on June 13, 1958.
  • Processing of the Death Claim
    • Claim Filing and Evaluation
      • A death claim application was filed on July 10, 1958, on behalf of Zamora’s designated beneficiaries.
      • The SSS processed the claim and discovered that no premium remittances had been made for February, March, and June 1958.
    • Premium Shortfall
      • The unpaid premiums amounted to P5.85 for the employee’s share and P8.18 for the employer’s share.
      • The employee’s share was later deducted from the death benefits awarded to his beneficiaries, while the employer was billed for its corresponding share.
  • Adoption of the “Theoretical Salary” Rule
    • Social Security Commission Resolution
      • Under Resolution No. 139, Series of 1958, the Commission ruled that employers were liable to pay the 3½% company’s share for months with no remittance provided there was an existing employer-employee relationship.
    • Underlying Premise
      • The rule enforced that even during periods when actual compensation was not rendered (e.g., leave without pay), the employer’s compensation responsibility remained.
  • Petition for Reconsideration and Issues Raised
    • Franklin Baker Company’s Challenge
      • The petitioner filed a petition for reconsideration with the Social Security Commission contesting the billing for the unpaid premium.
      • The petition was dismissed on April 28, 1960, leading to the appeal.
    • Specific Issues Raised
      • Whether an employer is exempt from paying its share of premiums when an employee is on leave without pay.
      • Whether the use of a “theoretical salary” as a basis for computing premiums during a no-compensation period is lawful.

Issues:

  • Liability of the Employer During Leave Without Pay
    • Does the absence of actual compensation during an employee’s leave without pay relieve the employer of its obligation to remit the premium contributions under the Social Security Act?
    • How have previous cases interpreted the continuance of the employer-employee relationship during periods of unpaid leave?
  • Validity of Adopting a “Theoretical Salary”
    • Is the computation of the employer’s 3½% contribution on a "theoretical salary" (based on the preceding month’s salary or computed daily rate for variable wage earners) justified under the Social Security Act?
    • Does this method of computation constitute an unauthorized amendment of the statutory provision defining the employer’s responsibility to contribute?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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