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    F. Philippine Blooming Mills VS SSS Case Digest

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    Reynier Molintas Clemens
    The Philippine Blooming Mills Co. employed 6 Japanese technicians from April 1957 to October 1958 and paid Social Security System (SSS) premium contributions for them. [1] When their employment ended, Blooming Mills and the technicians claimed a refund of premiums paid, but SSS denied the claim under its amended Rule requiring 2 years of membership before refunds are allowed. [2] The Supreme Court upheld SSS's denial, finding that the amended Rule took effect when approved by the President in January 1958, before the technicians' separation, even though published later. [3] Due process was observed in implementing the SSS law and denying the refund claim.

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    F. Philippine Blooming Mills VS SSS Case Digest

    Uploaded by

    Reynier Molintas Clemens
    265 views2 pages
    The Philippine Blooming Mills Co. employed 6 Japanese technicians from April 1957 to October 1958 and paid Social Security System (SSS) premium contributions for them. [1] When their employment ended, Blooming Mills and the technicians claimed a refund of premiums paid, but SSS denied the claim under its amended Rule requiring 2 years of membership before refunds are allowed. [2] The Supreme Court upheld SSS's denial, finding that the amended Rule took effect when approved by the President in January 1958, before the technicians' separation, even though published later. [3] Due process was observed in implementing the SSS law and denying the refund claim.

    Original Title

    F.-PHILIPPINE-BLOOMING-MILLS-VS-SSS-CASE-DIGEST

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    The Philippine Blooming Mills Co. employed 6 Japanese technicians from April 1957 to October 1958 and paid Social Security System (SSS) premium contributions for them. [1] When their employment ended, Blooming Mills and the technicians claimed a refund of premiums paid, but SSS denied the claim under its amended Rule requiring 2 years of membership before refunds are allowed. [2] The Supreme Court upheld SSS's denial, finding that the amended Rule took effect when approved by the President in January 1958, before the technicians' separation, even though published later. [3] Due process was observed in implementing the SSS law and denying the refund claim.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    265 views2 pages

    F. Philippine Blooming Mills VS SSS Case Digest

    Uploaded by

    Reynier Molintas Clemens
    The Philippine Blooming Mills Co. employed 6 Japanese technicians from April 1957 to October 1958 and paid Social Security System (SSS) premium contributions for them. [1] When their employment ended, Blooming Mills and the technicians claimed a refund of premiums paid, but SSS denied the claim under its amended Rule requiring 2 years of membership before refunds are allowed. [2] The Supreme Court upheld SSS's denial, finding that the amended Rule took effect when approved by the President in January 1958, before the technicians' separation, even though published later. [3] Due process was observed in implementing the SSS law and denying the refund claim.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Philippine Blooming Mills v.

    SSS, 17 SCRA 1077

    G.R. No. L-21223


    August 31, 1966
    Petitioners and appellants: PHILIPPINE BLOOMING MILLS CO., INC. (As Employer) and
    FRANCISCO TONG (As Assistant General Manager) and Attorney-in-Fact of SUSUMO
    SONODA, SENJI TANAKA, TAKASHIKO KUMAMOTO, HITOSHI NAKAMURA, TETSUO
    KODU, (Employees)
    Respondent and appellee: SOCIAL SECURITY SYSTEM
    Ponente: BARRERA, J.

    FACTS
    The Philippine Blooming Mills Co., Inc., a domestic corporation, has employed 6 Japanese
    technicians under a pre-arranged contract of employment, from April 28, 1957, to October 26,
    1958.

    In connection with the employment of these aliens, it sent an inquiry to the Social Security
    System (SSS) whether these employees are subject to compulsory coverage under the System.
    The inquiry was answered by the First Deputy Administrator of the SSS on August 29, 1957.
    Under Rule I, Sec. 3[d], Rules and Regulations, it states that
    Aliens employed in the Philippines:
    Aliens who are employed in the Philippines shall also be compulsorily covered. But
    aliens who are employed temporarily shall, upon their departure from the Philippines,
    be entitled to a rebate of a proportionate amount of their contributions; their
    employers shall be entitled to the same proportionate rebate of their contributions in
    behalf of said aliens employed by them.

    However, upon the termination of its employment, the appellants filed a claim with the SSS for
    the refund of the premiums paid. This claim was refuted by SSS, contending that Rule IX of the
    amended Rules and Regulations of the System requires membership for at least 2 years before
    a separated or resigned employee may be allowed a return of his personal contributions. Under
    the same rule, the employer is not also entitled to a refund of the premium contributions it had
    paid.

    ISSUE
    Was due process observed in implementing the SSS law and denying appellants' claim for
    refund of their premium contributions?

    RULING
    Yes, due process was observed.

    Rule I Section 3 (d) was amended, which now requires at least 2 years of membership to be
    granted with a refund.
    “It may be argued, however, that while the amendment to the Rules may have been lawfully
    made by the Commission and duly approved by the President on January 14, 1958, such
    amendment was only published in the November 1958 issue of the Official Gazette, and after
    appellants' employment had already ceased. Suffice it to say, in this regard, that under Article 2
    of the Civil Code, the date of publication of laws in the Official Gazette is material for the purpose
    of determining their effectivity, only if the statutes themselves do not so provide.

    In the present case, the original Rules and Regulations of the SSS specifically provide that
    any amendment thereto subsequently adopted by the Commission, shall take effect on the
    date of its approval by the President. Consequently, the delayed publication of the amended
    rules in the Official Gazette did not affect the date of their effectivity, which is January 14, 1958,
    when they were approved by the President. It follows that when the Japanese technicians were
    separated from employment in October, 1958, the rule governing refund of premiums is Rule IX of
    the amended Rules and Regulations, which requires membership for 2 years before such refund of
    premiums may be allowed.”

    Finding no error in the resolution of the Commission appealed from, the same is hereby
    affirmed by the Court.

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