Title
SSS Rules on Pleading, Practice, Procedure
Law
Sss Rules Of Pleading, Practice And Procedure Of The Social Security Commission
Decision Date
Jul 17, 1990
The Rules of Pleading, Practice and Procedure of the Social Security Commission in the Philippines are to be liberally construed to carry out the objectives of the Social Security Law and to assist parties in obtaining expeditious and inexpensive settlement or resolution of disputes, with the Commission having jurisdiction over any dispute arising under the Social Security Law and the power to issue orders, resolutions, awards, and decisions based on the facts, law, or regulations.
rules
pleading
practice
A

Pleadings and Case Filings

  • The initial pleading is termed "Petition"; filing party is "Petitioner," opposing party is "Respondent."
  • Petitions must state full names of parties and be captioned with case number and nature of action.
  • Petitions require written administrative action from the relevant Administrator or Manager and must be verified.
  • The Social Security System (SSS) is always an indispensable party in every case.
  • Verified petitions must include essential details: petitioner and respondent identities, causes of action with legal references, jurisdictional facts, and relief sought.
  • The Commission clerk issues summons to respondents and the SSS upon petition filing.
  • Summons service methods include personal delivery, substituted service at residence or business, service to associations via a representative, and service to guardians when respondents are minors or incompetent persons.
  • Proof of service is required, detailing manner, place, date, accompanying documents, and recipient.
  • Respondents and SSS intervenors must answer within 15 calendar days; early motions to dismiss possible.
  • Failure to answer may result in default judgment and ex-parte evidence reception.
  • Attorneys are presumed authorized; non-lawyers may appear in specific circumstances including law students under supervision.
  • Representatives can bind clients in procedural matters but cannot compromise claims without express authority.
  • Charging fees for assistance in benefit claims is prohibited except for an attorney’s fee capped at 10% of benefits awarded, payable only after benefits are paid.

Jurisdiction of the Commission

  • The Commission has jurisdiction over disputes arising from the Social Security Law concerning coverage, benefits, contributions, penalties, and related matters.
  • Jurisdiction attaches only after the SSS has taken written action on the issue.

Venue and Hearings

  • Complaints must be filed at the SSS Main Office in Quezon City.
  • The Commission may assign any Commissioner to hear cases with authority to issue interlocutory orders binding the Commission.
  • Designated lawyers in the Commission may serve as Hearing Officers with powers to receive evidence, issue interlocutory orders (except some orders), appoint counsel for indigents, and perform other duties.
  • Venue may be transferred on meritorious grounds to regional or provincial offices.

Proceedings Before Hearing Officers

  • Pre-hearing conferences may address settlement, issue simplification, pleading amendments, witness limitations, and other expeditious measures.
  • Summary judgment possible in purely legal questions, based on pleadings and existing law or Commission rulings.
  • Postponements limited to three requests per party unless exceptional reasons.
  • The Commission can subpoena witnesses and documents; failure to comply may lead to penal sanctions.
  • Parties submit verified position papers with supporting evidence and affidavits; new issues or evidence not allowed later.
  • Hearing Officers control proceedings, examine parties and witnesses, and limit cross-examination to relevant questions.
  • Hearings are stenographically recorded; low-income litigants may access free certified transcripts.

Decisions and Commission En Banc Proceedings

  • The Commission may hold en banc hearings upon recommendation.
  • Decisions and resolutions must be in writing, detailing facts and legal bases.
  • The Commission's decisions may address matters beyond the exact relief sought to settle or prevent controversies.
  • A designated Commissioner submits findings and recommendations within 20 days after case submission.
  • Final decisions require a majority concurrence of Commissioners and official Commission seal.
  • Parties may file one motion for reconsideration within 15 days which suspends appeal periods.
  • Decisions become final after appeal periods expire; certain decisions adverse to SSS become immediately final.
  • Orders and decisions are served personally or by registered mail with proof of receipt.

Appeals

  • Appeals to the Court of Appeals or Supreme Court depend on whether the issues involve facts, law, or both.
  • Appeals must be filed with the Commission and appropriate court, with notices served on interested parties.
  • No record on appeal is filed; no appeal bond is required.
  • Appeal does not stay Commission orders unless ordered.
  • The Commission must be made a party and represented in appeals; SSS cannot appeal Commission decisions.

Execution of Decisions

  • Final and executory decisions are enforced like Regional Trial Court decisions.
  • The Commission has authority to issue writs of execution to sheriffs.
  • Failure to comply invites contempt proceedings.

Clerk of the Commission

  • The Secretary to the Commission serves as Clerk with duties including receiving filings, recording proceedings, publishing significant decisions, administering oaths, and performing assigned tasks.
  • Case records are generally open to the public except where confidential.
  • Deputy Clerks assist and are designated by the Commission.

Effectivity and Repeal

  • Rules take effect 15 days after publication in two newspapers of general circulation.
  • All prior inconsistent Commission rules are repealed.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.

About Privacy Terms