Limkaichong vs. Land Bank of The Philippines 799 SCRA 139, August 02, 2016

Limkaichong vs.
Land Bank of the Philippines 799 SCRA 139 , August

02, 2016
Facts: Petitioner was the registered owner of the subject land placed under the coverage of RA
6657. After petitioner rejected the valuation of such land, DARAB conducted summary
administrative proceedings for the determination of just compensation and affirmed the
previous valuation of the land. Petitioner then filed with the RTC a complaint for fixing just
compensation of her land, but was dismissed by the RTC on upon filing of motion to dismiss by
respondent. Thus, petitioner filed before CA a petition for certiorari.
Issue: WON the petition for certiorari was the proper remedy for appeals from SAC.
Held: Yes. Petitioner would not be prevented from assailing the dismissal by petition for
certiorari provided her resort complied with the requirements of the Rules of Court for the
bringing of the petition for certiorari. In that regard, the following requisites must concur for
certiorari to prosper, namely: (1) the writ is directed against a tribunal, a board or any officer
exercising judicial or quasi-judicial functions; (2) such tribunal, board or officer has acted
without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or
excess of jurisdiction; and (3) there is no appeal or any plain, speedy and adequate remedy in
the ordinary course of law.
GSIS; Benefits (2004)
B. Atty. CLM, a dedicated and efficient public official, was the top executive of a government owned and controlled
corporation (GOCC). While inspecting an ongoing project in a remote village in Mindanao, she suffered a stroke
and since then had been confined to a wheelchair. At the time she stopped working because of her illness in line of
duty, Atty. CLM was only sixty years old but she had been an active member of the GSIS for thirty years without
any break in her service record.
What benefits could she claim from the GSIS? Cite at least five benefits. (5%)
SUGGESTED ANSWER:
The benefits Atty. CLM could claim from the GSIS are:
(1) Employees compensation which shall include both income and medical and related benefits, including
rehabilitation;
(2) Temporary total disability benefit; (3) Permanent total disability benefit; (4) Separation benefit; and
(5) Retirement benefit.
Maternity Benefits (2000)
Ms. Sara Mira is an unwed mother with three children from three different fathers. In 1999, she became a member of
the Social Security System. In August 2000, she suffered a miscarriage, also out of wedlock, and again by a different
father. Can Ms. Mira claim maternity benefits under the Social Security Act of 1997? Reason. (5%)
SUGGESTED ANSWER:
Yes, she can claim maternity benefit. Entitlement thereto is not dependent on the claimant's being legally married.
(Sec. 14-A, Social Security Act of 1997).
Paternity Leave (2002)
How many times may a male employee go on Paternity Leave? Can he avail himself of this benefit for example, 50
days after the first delivery by his wife? (3%)
SUGGESTED ANSWER:
A male employee may go on Paternity Leave up to four (4) children. (Sec. 2, RA 8187) On the question of whether
or not he can avail himself of this benefit 50 days after the delivery of his wife, the answer is: Yes, he can because
the Rules Implementing Paternity Leave Act says that the availment should not be later than 60 days after the date of
delivery.
SSS; Compulsory Coverage (1999)
Marvin Patrimonio is a caddy rendering caddying services for the members and guests of the Barili Golf & Country
Club. As such caddy, he is subject to Barili golfs rules and regulations governing Caddies regarding conduct, dress,
language, etc. However, he does not have to observe any working hours, he is free to leave anytime he pleases; and
he can stay away for as long as he likes. Nonetheless, if he is found remiss in the observance of club rules, he can be
disciplined by being barred from the premises of Barili Golf.
Is Marvin within the compulsory coverage of the Social Security System? Why? (5%)
SUGGESTED ANSWER:
Because he is not an employee of the Barili Golf & Country Club, Marvin is not within the compulsory coverage of
the Social Security System. Marvin is not an employee of the club because under the specific circumstances of his
relations with the club, he is not under the orders of the club as regards employment which would have made him an
employee of the club. (See Manila Golf & Country Club, Inc. v. IAC, 237 SCRA 207)
But Marvin is within the compulsory coverage of the SSS as a self-employed person. (See Section 9-A, Social
Security Law of 1957)
SSS; Compulsory Coverage (2000)
The Collective Bargaining Agreement of the Golden Corporation Inc. and the Golden Corporation Workers Union
provides a package of welfare benefits far superior in comparison with those provided for in the Social Security Act
of 1997. The welfare plan of the company is funded solely by the employer with no contributions from the
employees. Admittedly, it is the best welfare plan in the Philippines. The company and the union jointly filed a
petition with the Social Security System for exemption from coverage. Will the petition for exemption from
coverage prosper? Reason. (5%)
SUGGESTED ANSWER:
No, because coverage under the SSS is compulsory where employer-employee relations exist. However, if the
private plan is superior to that of the SSS, the plan may be integrated with the SSS plan. Still, it is integration and
not exemption from SSS law. (Philippine Blooming Mills Co., Inc. v. Social Security System, 17 SCRA 107(1966);
RA. No. 1161 as amended by RA No. 8282}.
SSS; GSIS; Jurisdiction; Benefit Claims (1995)

Is it necessary for an employee to litigate in order to establish and enforce his right to compensation? Explain.
SUGGESTED ANSWER:
No. All that an employee does to claim employee's compensation is to file a claim for said benefits with the SSS (for
those in the private sector) or GSIS (for those in the public sector).
In the event that the claim is denied on the SSS/GSIS level, claimant may appeal to the Employees Compensation
Commission where he may prove the causal connection between injury and nature of work.
SSS; Compulsory Coverage; Cooperative Member (2009)
Can a member of a cooperative be deemed an employee for purposes of compulsory coverage

under the Social Security Act? Explain.
Suggested Answer:
Yes, an employee of a cooperative not over sixty years of age, under the SSS Law, is subject ot
compulsory coverage. Section 8(d) of the SSS Law defines an employee as “Any person who
performs services for an employer in which either or both mental and physical efforts are used
and who receives compensation for such service, where there is an employer-employee
relationship.”
SSS; Maternity Benefits (2007)

AB, single and living-in with CD (a married man), is pregnant with her fifth child. She applied
for maternity leave but her employer refused the application because she is not married. Who is
right? Decide.
Suggested answer:
Neither party is correct. The employer cannot refuse the application on the ground that she is
only living with CD, as legitimate marriage is not a precondition for the grant of maternity leave.
AB is not correct either since maternity leave is only available for the first four deliveries or
miscarriage.
2016 What are the liabilities of the employer who fails to report his employee
for social security coverage? Explain. (2.5%)
SUGGESTED ANSWER: The employer is subject to the following liabilities: It

shall pay to the SSS damages equivalent to the benefit which the employee
would have been entitled had his name been reported on time to the SSS, except
that in case of pension benefits, the employer shall be liable to pay the SSS
damages equivalent to five years monthly pension; however, if the contingency
occurs within thirty (30) days from date of employment, the employer shall be
relieved of his liability for damages (Sec. 24 (a), R.A. 1161, as amended). It
shall pay the corresponding unremitted contributions and penalties thereon
(Sec.24 (b), R.A. 1161, as amended). XVII
Baldo, a farm worker on pakyaw basis, had been working on Dencio's land by
harvesting abaca and coconut, processing copra, and clearing weeds from year
to year starting January 1993 up to his death in 2007. He worked continuously
in the sense that it was done for more than one harvesting season.
[a] Was Dencio required to report Baldo for compulsory social security
coverage under the SSS law? Explain. (2.5%)
SUGGESTED ANSWERS: Dencio is required to report Baldo for compulsory social

security coverage under the SSS Law. From the facts mentioned, Baldo is
clearly an employee of Dencio. Considering the length of time that Baldo has
worked with Dencio, it may be justifiably concluded that he is engaged to
perform activities necessary or desirable in the usual trade or business of
Dencio and is therefore a regular employee. Length of service was used by the
Supreme Court in the case of Brotherhood Labor Unity Movement of the
Philippines v. Zamora, (G.R. No. 485451 January 7, 1987), to pronounce that
the individual involved is a regular employee. Baldo, is thus, not a casual or
temporary employee, exempted from the coverage of the SSS Law.

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Limkaichong vs.

Land Bank of the Philippines 799 SCRA 139 , August

Maternity Benefits (2000)

Paternity Leave (2002)

SSS; Compulsory Coverage (1999)

SSS; Compulsory Coverage (2000)

SSS; GSIS; Jurisdiction; Benefit Claims (1995)

SSS; Compulsory Coverage; Cooperative Member (2009)

Can a member of a cooperative be deemed an employee for purposes of compulsory coverage

SSS; Maternity Benefits (2007)

SUGGESTED ANSWER: The employer is subject to the following liabilities: It

SUGGESTED ANSWERS: Dencio is required to report Baldo for compulsory social

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