Pointers in Agrarian Reform and other Social money claims

Legislation:
I. RA 8282
 Jurisdiction; dacion en pago implementation
(SSS v Atlantic Gulf)
 Rep v Asiapro - Weekly stipends or excess in
service surplus; e-e
 “Project employees” (Chua v CA)
 Gapayao v Fulo (farm workers; e-e)
 Taxi driver engaged on boundary basis
 Labor-only contracting
 Employment services not covered: purely
casual (Mansal v Go-Checo)
 Definition of “employer”
 Sickness benefit – number of days that can
be paid
 Maternity leave benefit
 Who determines e-e?
 Effect of final judgment at NLRC on e-e
 Contingencies covered; benefits where
employer advances
 Claims under Labor Code vis-à-vis SSS
(Ortega v SSC)
 Compulsory coverage; when effective
 Appeal from SSC
 Beneficiaries; Primary beneficiaries; SSC v
Azote
 Extent of the required “dependency”
(Signey v. SSS; SSS v. Delos Santos; SSC v.
Favila)
 Consent of SSS on filing of criminal action
 Lack of criminal intent and good faith as
defenses
 Prescriptive period
 Garcia v SSC – is a director liable?
 Mendoza v People – managing head
 SSS v DOJ - novation
III. RA 7699
 When applicable? Gamogamo v PNOC
 When is totalization resorted to?
IV. PD 442, as amended
 Presumption of Compensability
 Theory of Aggravation
 Doctrine of Occupational Disease
 Theory of Increased Risk
 Art. 203, Labor Code (Prohibition against
demand or charge for fee); compare with
SSS
 Meaning of “accident”
 ECC Board Resolution Nos. 12-03-08; 14-02-
15; 15-04-15; 15-01-20; 10-03-45; 11-04-10;
12-01-02
 Compensability: GSIS v CA; Alano v ECC;
Lorenzo v GSIS; GSIS v Capacite
 Limitation to compensability; GSIS v Angel
 Valeriano v ECC - coverage formula —
"arising out of" and "in the course of
employment"; 24-hour-duty doctrine
 Can a claim for benefit be defeated by the
mere fact of separation from service? (GSIS
v Cuanang, Aquino v SSS, etc.)
 “parents” as beneficiaries (Bartolome v SSS)
 Prescriptive period; ECC v Sanico
 Defenses against EC claims

II. RA 8291

 Jurisdiction
 Who are covered? Are judges covered?
 Who is a dependent legitimate child?
 New benefits; primary beneficiaries in case
of survivorship
 Separation benefit
 Entitlement to personal contributions (Lledo
v. Lledo)
 COA disallowances
 Prescriptive period
 Sec. 39; GSIS v NLRC – security guards’