5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly omission penalized under this Act notwithstanding Section 28(f) hereof. (c) Land-based OFWs are compulsory members of the SSS and considered in the same manner as self-employed persons under such rules and regulations that the Commission shall prescribe. (d) The Department of Foreign Affairs (DFA), the Department of Labor and Employment (DOLE) and all its agencies involved in deploying OFWs for employment abroad are mandated to negotiate bilateral labor agreements with the OFWs' host countries to ensure that the employers of land-based OFWs, similar to the principals of sea-based OFWs, pay the required SSS contributions, in which case these land-based OFWs shall no longer be considered in the same manner as self-employed persons in this Act. Instead, they shall be considered as compulsorily covered employees with employer and employee shares in contributions that shall be provided for in the bilateral labor agreements and their implementing administrative agreements: Provided, That in countries which already extend social security coverage to OFWs, the DFA through the Philippine embassies and the DOLE shall negotiate further agreements to serve the best interests of the OFWs. (e) The DFA, the DOLE and the SSS shall ensure compulsory coverage of OFWs through bilateral social security and labor agreements and other measures for enforcement. (f) Upon the termination of their employment overseas, OFWs may continue to pay contributions on a voluntary basis to maintain their rights to full benefits. (g) Filipino permanent migrants, including Filipino immigrants, permanent residents and naturalized citizens of their host countries may be covered by the SSS on a voluntary basis. (emphases supplied) Hence, this petition assailing the constitutionality of Sec. 9-B of R.A. No. 11199 was filed before the Court against the Social Security System (SSS) and the Social Security Commission (SSC, collectively hereafter referred to as respondents). Issue WHETHER SEC. 9-B OF R.A. NO. 11199 IS UNCONSTITUTIONAL AS IT VIOLATES SUBSTANTIVE DUE PROCESS AND EQUAL PROTECTION OF RIGHTS. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66432 3/28

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