Title
Supreme Court
1954 Social Security System Act
Law
Republic Act No. 1161
Decision Date
Jun 18, 1954
Republic Act No. 1161 establishes the Social Security System in the Philippines, providing compulsory coverage and benefits for employees, with contributions from both employees and employers.

Law Summary

Creation and Composition of the Social Security Commission

  • Commission composed of Secretary of Labor, Secretary of Health, Social Welfare Administrator, General Manager of Government Service Insurance System, and three presidential appointees.
  • Chairman designated by the President.
  • Terms for appointed members are three years with staggered initial terms.
  • Compensation for private members limited to attendance fees; public officers receive no additional pay.
  • Administrator appointed by the President serves as chief executive officer.
  • Commission appoints necessary personnel including actuary and medical director.

Powers and Duties of the Commission

  • Select experimental areas for implementing social security coverage.
  • Extend experiments to other industries as warranted.
  • Promulgate rules and regulations subject to presidential approval.
  • Submit annual reports to the President and Congress.
  • Conduct actuarial studies and make necessary adjustments to benefits and fund allocation.
  • Establish and inspect branches and enter into service contracts.
  • Acquire property and sue or be sued.

Settlement of Claims and Appeals

  • Claims governed by Commission rules; payment to lawful claimants or estate.
  • Decisions become final if no appeal within 15 days.
  • Exhaustion of administrative remedies required before judicial review.
  • Court of Appeals reviews decisions on law and facts; Supreme Court handles pure questions of law.
  • No appeal bond required; appeals heard summarily and prioritized.
  • Appeals do not automatically stay Commission orders unless ordered.

Auditor and Legal Counsel

  • Auditor General is ex officio Auditor; Secretary of Justice is Counsel.
  • Auditor to audit System accounts similarly to government audits.
  • Secretary of Justice provides legal advice and representation.

Investigatory Powers

  • Commission officials may administer oaths, take depositions, and issue subpoenas.
  • Contumacy handled as per Administrative Code.

Definitions

  • System: Social Security System created.
  • Commission: Social Security Commission.
  • Employer: Any person or entity using employee services in the Philippines, excluding government and some specified entities.
  • Employee: Person receiving compensation for services.
  • Dependent: Child (under 18 or disabled), spouse, or parents wholly dependent.
  • Compensation excludes excess pay beyond 500 pesos/month and certain extra payments.
  • Employment excludes certain categories like agricultural labor, domestic help, government employees, students, etc.

Compulsory and Voluntary Coverage

  • Compulsory for employees aged 18-60 after 6 months service, with conditions on employer qualification.
  • Employers operational for 3+ years with 200+ employees are required members unless exempted.
  • Employers with equivalent plans may be exempted but must admit other employees and those opting out.
  • Voluntary coverage available for other employers and individuals paying double contributions where applicable.

Effective Date of Coverage

  • Compulsory coverage starts first day of month after employer membership, employee must have 6 months service.
  • Voluntary coverage effective first day of month following approval.

Effects of Employment Separation

  • Employer contributions cease end of month of separation.
  • Employee may remain a member and continue receiving benefits.

Retirement Benefits

  • Life annuity based on credited premiums with interest.
  • Minimum annuity amount set if contributions and service criteria met.
  • Employer bears part of annuity deficit if premiums insufficient.
  • Retirement option available at age 60 after 5 years service.

Death and Disability Benefits

  • Benefits for total and permanent disability or death if not covered by Workmen's Compensation.
  • Benefit amounts scaled by number of contributions paid.
  • Grace period of one month allowed for contribution payment before death/disability.
  • Difference paid if Workmen’s Compensation is less than System benefit.
  • Partial disability benefits proportional to degree determined by Commission.

Sickness Benefit

  • Allowance for each day of confinement after one year coverage, capped at 60% of daily rate or 6 pesos.
  • Applies after first 7 days (or immediately for injury/acute disease) following exhaustion of paid leave.
  • Contributions deducted from allowances.
  • Employer reimbursed 70% of paid allowances.
  • Allowances deducted from death or disability benefits if occurring within 5 years.

Unemployment Benefit

  • Pays allowance for up to 90 days in a calendar year.
  • Eligibility requires at least one year coverage, 26 weeks worked in prior year, recent contributions, and no misconduct.
  • Allowance capped at 50% of daily rate or 6 pesos.
  • Payment begins after 3 weeks unemployment (can be reduced with dependents).
  • Payment suspends if employee unreasonably refuses suitable work.
  • Requires registration at public employment office.
  • Definition of suitable work excludes work under adverse conditions or labor disputes.

Non-transferability of Benefits

  • Benefits are non-transferable.
  • Collection via power of attorney only allowed when beneficiaries are incapacitated.

Exemption from Taxes and Legal Process

  • Contributions, benefits, and documents exempt from taxes and legal claims except debts to System.

Fees for Claims Assistance

  • Fee limit of five percent of benefits.
  • Fees payable only upon receipt.
  • Excess fees or unauthorized deductions are prohibited and punishable by fines and imprisonment.

Contributions and Employer Obligations

  • Employee and employer each contribute 3% of monthly compensation.
  • Employers cannot recover employer contributions from employees.
  • Contributions collectible monthly; penalties for late payment.
  • Collection may be quarterly or semi-annually if approved.
  • System may collect unpaid contributions like taxes, including levy on employer property.
  • Employers must report employee data and maintain accurate records.
  • Employers liable for damages if failure to report causes loss of benefits.

Funds Management

  • All funds to be deposited and administered like other public special funds.
  • Maximum of 12% yearly expenses for administration in first two years, then 10% thereafter.
  • Twenty percent of surplus funds set aside as Reserve Fund for contingencies.
  • Remaining funds invested in government securities, deposits in qualified banks, or government construction loans.

Reporting and Transparency

  • Annual report to President and Congress including financial status, statistical data on coverage and benefits.
  • Publication of synopsis of the annual report in newspapers.

Penal Provisions

  • False statements, fraudulent claims, and misuse of contribution devices punishable by fines and imprisonment.
  • Penalties for failure to comply with contribution, reporting and inspection requirements.
  • Liability extends to corporate officers for offenses by corporations.

Government Assistance

  • This Social Security System does not disqualify employees or employers from other government aid.

Separability and Saving Clauses

  • Invalid provisions do not affect the rest of the law.
  • Congress reserves right to amend or repeal the Act; no vested property rights arise from it.

Appropriations and Effectivity

  • Initial appropriation of 200,000 pesos for operation.
  • Act effective upon approval.

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