Question & AnswerQ&A (SSS RULES OF PLEADING, PRACTICE AND PROCEDURE OF THE SOCIAL SECURITY COMMISSION)
The rules are known as the Rules on Pleading, Practice and Procedure of the Social Security Commission.
These rules shall be liberally construed to carry out the objectives of the Social Security Law and to assist the parties in obtaining expeditious and inexpensive settlement or resolution of any dispute arising under the Social Security Law.
No, the rules of evidence prevailing in courts of law or equity shall not be controlling in proceedings before the Commission, which are non-litigious in nature.
Pertinent provisions of the Revised Rules of Court and prevailing jurisprudence may be applied suppletorily for expeditious settlement of claims, when practicable and appropriate.
The initial pleading is called the Petition.
The party bringing the action is the Petitioner, and the party against whom relief is sought is the Respondent.
Yes, the SSS must be an indispensable party either as respondent or intervenor in all cases.
Any person, natural or juridical, prejudiced by enforcement or non-implementation of the Social Security Law may file a verified petition personally or through counsel. The SSS may also file a verified petition through its legal counsel in appropriate cases.
It must state the name, capacity to sue and address of petitioner; name and address of respondent; a clear and concise statement of causes of action (with specific law sections if applicable); other jurisdictional facts; and the remedy or relief sought.
Summons shall be served personally by handing it over to the respondent or tendering it. If not possible, substituted service can be done by leaving copies at respondent's residence or office. Special rules apply for service upon associations, minors, and incompetent persons.
The Hearing Commissioner may declare the respondent in default and proceed to receive petitioner's evidence ex parte and recommend the granting or denial of the petition based on the evidence.
Attorneys can bind clients in procedural matters but cannot enter into compromise agreements settling claims without a special power of attorney or express consent.
No agent, attorney or person shall demand or charge fees for such services; however, a member of the Philippine Bar appearing as counsel before the Commission may be entitled to attorney's fees not exceeding 10% of benefits awarded, payable only after actual payment of benefits.
The Commission has jurisdiction over disputes arising under the Social Security Law regarding coverage, entitlement, collection, settlement of contributions and penalties, after the SSS through its Department or Regional Manager has first acted in writing.
Petitions must be filed with the Clerk of the Commission at the SSS Main Office in Quezon City, Metro Manila.
Any lawyer who is an official or employee of the Commission, Legal Staff, Secretariat, or Regional Offices may be designated Hearing Officer. Powers include receiving evidence, issuing interlocutory orders (except lifting orders or defaults), appointing counsel de officio for pauper litigants, and other acts as directed by the Hearing Commissioner.
No. After submission of position papers and proofs, the Hearing Officer/Commissioner determines if formal hearing is necessary and may take steps to simplify or clarify issues or take evidence without formal hearing.
They personally conduct hearings, control proceedings, examine parties and witnesses to ascertain facts, allow counsel to ask questions only for clarifications, and limit evidence to relevant and necessary matters for just and speedy disposition.
A stenographer records the proceedings, transcribes the notes, and delivers the transcript to the Clerk. Interested parties may purchase the transcript; indigent or low income litigants may request a free certified transcript upon determination of indigency by the Hearing Commissioner or Officer.
The party may file a motion for reconsideration within 15 calendar days from receipt of the decision. Only one motion for reconsideration is allowed per party. After the motion or if no motion is filed, parties may appeal to the Court of Appeals on questions of fact or fact and law, or to the Supreme Court on questions of law only.