Employer fails to pay SSS and Philhealth - Philippines

Question: Is it illegal if my employer fails to pay my SSS and Philhealth contributions?

Answer:

Yes, failure by an employer to remit Social Security System (SSS) and Philippine Health Insurance Corporation (Philhealth) contributions on behalf of their employees is considered illegal under Philippine law. Here are some points to consider on this topic:

What Laws Govern These Contributions?

• For SSS: Republic Act No. 8282, otherwise known as the Social Security Act of 1997.
• For Philhealth: Republic Act No. 11223, otherwise known as the Universal Health Care Act.

Is It Mandatory for Employers to Make Contributions?

Yes, it's mandatory for employers to deduct and remit these contributions from their employees' salaries.

What Penalties Can Employers Face for Non-compliance?

• For SSS: Employers may face penalties ranging from monetary fines to imprisonment.
• For Philhealth: Failure to remit contributions is punishable by a fine and/or imprisonment.

What Should I Do if My Employer Isn't Paying?

1. Immediate Action: Talk to your Human Resources department to clarify the issue.
2. Document Evidence: Keep your payslips and any communication with your employer.
3. Report to Agencies: File a complaint with the SSS or Philhealth.
4. Legal Recourse: If no action is taken, consult a lawyer to explore your legal options.

Can I Claim Benefits if Contributions Aren't Paid?

No, you may be ineligible for benefits like loans, medical reimbursements, etc., if contributions haven't been remitted on time.

Will I Be Liable for Unpaid Contributions?

Generally, the employer is solely responsible for remitting the contributions, but not doing so could affect your eligibility for specific benefits.

Conclusion

Failure to remit SSS and Philhealth contributions is illegal and could subject your employer to penalties. As an employee, it's crucial to regularly check that these contributions are being made and to take action if you discover inconsistencies. If your employer fails to comply, you have various avenues for reporting and legal recourse.

Noisy Neighbors Philippines

Question: Can I file a complaint against my neighbors that are causing noise disturbance?

Answer:

Dealing with noisy neighbors can be frustrating, but you do have legal avenues to address the issue in the Philippines. Here are some commonly asked questions about filing a complaint for noise disturbance:

Is Noise Disturbance Illegal in the Philippines?

Yes, noise disturbance is generally considered a form of public nuisance under Article 694 of the Civil Code of the Philippines. Local government units also have ordinances that regulate noise levels.

What Steps Should I Take Before Filing a Complaint?

Before taking legal action, it's advisable to talk to your neighbor about the noise issue. If that doesn't work, keeping a record of the incidents, including date, time, and the nature of the noise, can serve as evidence later on.

Where Can I File a Complaint?

You can file a complaint with your Barangay Council, who will attempt to mediate between you and your neighbor. If the issue persists, you can escalate the matter to the police or file a case in court.

What Evidence Will I Need?

To support your complaint, you may need evidence such as audio recordings, video footage, or statements from other neighbors who are also affected by the noise.

What Legal Recourse Do I Have?

1. Barangay Level: Seek mediation or conciliation.
2. Police Intervention: File a blotter report for documentation.
3. Court Case: File a formal complaint in court citing public nuisance.

Can I File a Case Directly in Court?

Filing a complaint directly in court without undergoing Barangay conciliation is generally not advisable, as it may be dismissed for lack of Barangay certification, which is a preliminary requirement for filing a case of this nature.

What Penalties Can My Neighbor Face?

Penalties depend on local ordinances and can range from fines to imprisonment. If the case reaches the court, the judge may impose stricter penalties based on national laws governing public nuisances.

Conclusion

If you are dealing with persistent noise disturbance, you have several legal options in the Philippines, starting from Barangay mediation to police intervention and court action. It's essential to document instances of noise and consult a legal advisor to determine the best course of action for your situation.

Rape bail? Philippines

Question: Is rape eligible for bail?

Answer:

The eligibility for bail in rape cases is a complex matter governed by Philippine law, particularly the Rules of Court, the Revised Penal Code, and Republic Act No. 8353, otherwise known as the "Anti-Rape Law of 1997". Below are common questions and their answers.

Is Rape a Bailable Offense?

In the Philippines, whether rape is a bailable offense depends on the circumstances and the gravity of the crime. If the evidence of guilt is strong, rape is considered a non-bailable offense. On the other hand, if the evidence of guilt is not strong, bail becomes a matter of discretion.

How is "Evidence of Guilt" Determined?

The court will conduct a bail hearing to evaluate if the evidence of guilt is strong. This usually involves the presentation of evidence and possibly testimonies to determine the strength of the case against the accused.

Who Makes the Decision?

The decision to grant or deny bail is made by a judge after carefully reviewing the evidence, including police reports, witness testimonies, and any other relevant documents.

What if the Victim is a Minor?

If the victim is under 18, the crime is considered statutory rape. This is generally viewed more severely and the likelihood of bail being granted decreases, especially if the evidence of guilt is strong.

Can I Appeal a Bail Decision?

Yes, bail decisions can be appealed, although the process can be lengthy and complicated. A lawyer experienced in criminal law can guide you through the procedure.

What Other Factors May Affect Bail?

Some factors that can influence the granting of bail include:

• Past criminal history of the accused
• Risk of the accused fleeing
• Threat to the victim or community

Conclusion

Rape is a serious offense in the Philippines, and the possibility of bail depends on various factors including the strength of evidence and circumstances of the crime. A bail hearing is crucial for this determination. If facing such a charge, consult a qualified lawyer to understand your options and to navigate the complexities of the legal system.

Verbally abused

Question: What are my legal recourse if I am being verbally abused at work?

Answer:

Verbal abuse in the workplace is a serious concern that can affect not only your job performance but also your mental and emotional well-being. Here are some common questions and answers to guide you through your legal options under Philippine law.

What Constitutes Verbal Abuse?

Verbal abuse includes, but is not limited to, name-calling, insults, humiliation, and derogatory remarks aimed at you by a colleague, superior, or even a subordinate.

Is Verbal Abuse Considered Harassment?

Yes, verbal abuse can be classified as a form of harassment or even psychological violence under Republic Act No. 10627, or the Anti-Bullying Act, and the Labor Code of the Philippines.

What Should I Do First?

1. Document Instances: Make a detailed record of each incident, including date, time, what was said, and witnesses if any.
2. Report to HR: File a formal complaint with your Human Resources department and provide all the evidence you have gathered.

What if HR Doesn’t Take Action?

You can escalate the issue by:

1. Consulting a Lawyer: Seek legal advice on the best course of action to take.
2. Filing a Complaint with DOLE: The Department of Labor and Employment can investigate the case.

What Legal Remedies Are Available?

1. Administrative Sanctions: The employer may impose sanctions on the abuser, ranging from warnings to termination.
2. Legal Cases: Depending on the severity, you may file criminal and civil cases for damages.

What Laws Protect Me?

You are protected under various laws, such as:

• Labor Code of the Philippines
• Republic Act No. 10627, or the Anti-Bullying Act
• Republic Act No. 7877, or the Anti-Sexual Harassment Act

Can I Get Fired for Reporting Abuse?

No, retaliation against employees for reporting harassment or abuse is illegal and can form the basis for additional legal action against the employer.

Conclusion

Verbal abuse at the workplace is a violation of your rights as an employee. Always start by documenting instances and reporting to HR. If internal processes fail, consult with a lawyer and consider filing a formal complaint with appropriate government agencies. You have several layers of legal protection to ensure you work in a safe environment.

Support from Partner - Philippines

Question: What are my legal recourse if my partner does not give financial support for his children?

Answer:

Financial support for children is a critical aspect of family law in the Philippines. Below are some questions and answers that can help guide you in the event that your partner fails to provide for his children.

What is Child Support?

Child support is the financial assistance given for the child's basic needs, including but not limited to education, health, sustenance, dwelling, and transportation, in line with the financial capability of the family.

Is My Partner Legally Required to Provide Financial Support?

Yes, under Philippine law, both parents are obliged to support their children. This obligation extends until the child reaches the age of majority (18), or longer if the child is incapable of self-support.

What Can I Do if My Partner Fails to Provide Support?

1. Demand Letter: Initially, you can send a formal demand letter requiring the partner to provide support.
2. Legal Counselling: Consult with a family lawyer to explore your legal options.
3. File a Case: You may file a case for support under the Family Code of the Philippines.

What Evidence Do I Need?

Keep all records of communication where you've asked for financial support and received no response or inadequate support. Bills, educational expenses, and medical records can also serve as evidence.

Can the Court Force My Partner to Pay?

Yes, the court can issue an order requiring your partner to provide financial support. Failure to comply with the court order can result in legal consequences.

What if My Partner is Abroad?

Philippine laws can apply extraterritorially, and legal remedies are available even if the partner is residing abroad.

What If He Still Doesn't Pay After the Court Order?

Contempt of court, garnishment of wages, or even imprisonment are some of the legal remedies available to enforce the court's decision.

Conclusion:

Financial support is both a legal and moral obligation. Legal means are available to compel a non-supportive partner to fulfill this duty. Consult a family lawyer to tailor-fit the best legal action for your situation.