5/19/2021
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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.
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