REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

FIFTEENTH CONGRESS
Second Regular Session

House BILL No.__5125

Introduced by the Honorable Representative Ronald M. Cosalan

\EXPLANATORY NOTE

Republic Act No, 8558, which was approved and passed on 26 February 199,
amended Section 287 of Presidential Decree No. 442, otherwise known as The Labor Code of
the Philippines, in order to reduce the retirement age of underground mine workers or
employees from sixty (60) to fifty (50) years old. The rationale behind being the continuous
exposure of the underground employees to hazardous elements and risks, which are
inevitable when working in mines, make them susceptible and vulnerable to all types of
health problems and danger. In addition, even mill plant workers and those who work as
support services, such as mechanical, electrical, and tailings pond personnel are likewise
susceptible and vulnerable to the same health hazards. Hence, the need to reduce the
retirement age in order for the said group of workers,

Consequently, in the Rules Prescribing the Retirement Age of Underground Mine
Employees as issued by the Department of Labor and Employment through Department
Order No. 09 (series of 1998), the said Department reduced the retirement age of the
underground mine workers to fifty (50) years old, in compliance with R.A. 8558. ‘The House
Bill to include mill plant workers and those who work as support services, such as
mechanical, electrical, and tailings pond personnel is currently pending before the House of
Representative’s Committee on Labor.

‘The Social Security System (SSS), however, requested for time to fully implement the
same, the rationale being that such an immediate reduction would be detrimental to the
financial status of the SSS, As partial compliance, SSS revised its Implementing Rules and
Regulations and reduced the retirement age of mining workers to fifty five (55) years old,
with the agreement that it would reduce the same to fifty (50) years old to comply with the
law. As a result, underground mine workers with the age of fifty (50) had to wait for five (5)
more years before being able to avail of their well-deserved retirement benefits. This went
on for more than a decade.

Upon the opening of the 15% Congress last year, the undersigned made a formal
inquiry from SSS as regards its full compliance of the provisions of R.A. 8558, specifically the
reduction of the underground mine workers’ retirement age to fifty (50) years old.
Unfortunately, the SSS, with the new officers at the helm, now refuse to comply with R.A.
8558 as they believe the said statute did not specifically amend the Social Security Law
(Republic Act No, 1161) but merely that of the Department of Labor and Employment
(DOLE), rationalizing with discussion about general laws and special laws.


Apparently, the reasoning of the SSS is without legal basis. It is axiomatic that as
between two laws on the same subject matter and are irreconcilably inconsistent, that which
is passed later prevails, since it is the latest expression of legislative will. It is to be
presumed that the lawmakers knew the older law and intended to change it? Under the
Civil Code,* laws are repealed only by subsequent ones, and not vice-versa.

Furthermore, a general law on a subject does not operate to repeal a prior special law
on the same subject, unless it clearly appears that the legislature has intended by the later
general act to modify or repeal the earlier special law 4 The legislative intent to repeal may
be shown in the act itself the explanatory note to the bill before its passage into law,? the
discussions on the floor of the legislature? and the history of the two le
tunt to repeal the earlier special law where the general law uses words and phrases, which
would be rendered meaningless if the special law is not thereby repealed or modified?

In the present case, there is an implied repeal of the amendatory provision of R.A.
8282 by sec. 1 of R.A. 8558 because of irreconcilable inconsistency. Implied repeal by
irreconcilable inconsistency between two laws takes place when: (a) the two statules cover
the same subject-matter; (b) they are so clearly inconsistent and incompatible with each other
that they cannot be reconciled or harmonized; and (c) both cannot be given effect such that
‘one law cannot be enforced without nullifying the other.

Regardless of the above discussion, however, the undersigned believes that a
clarification of R.A. 8558 should be made at this point in order to prevent any future legal
consequences which may be considered unfair and unnecessarily detrimental to our
hardworking underground mine workers. It is for these reasons that support for, and

prompt passage of this proposed Bill is earnestly sought.

NALD M. COSAI

VR, AGHALO, STATUTORY CONSTRUCTION 413 (5% eb, 2003) citing Pacis v Averia, G.R. No, 22526, 29 November, 1966; Lapa v
‘Conimissioner of Customs, G.. No. 28235, 90 January 1971; Libares v Executive Secretary, GR, 215065, 24 October 1963;
Davie y COMBLUC, 271 SCRA 90 (1997),

> bi a st

vate 7,

AGYALO, supra ote Lat 414 citing Camacho v Court of Industrial Relations, 80 Phi. 848 (1988); Valera v Teavon, 80 Pil, 498
(lsat), Lichauco de Co. v Apostol, 44 Phil. 138 (1922); Butuan Sawmill, lnc. v City of Butuan, G.R. No. 21516, 9 April 1966

$id at 820.

* bi

? th, iting Libares v Executive Secretary, G.R. No, 21505, 24 October 193.

* fbi iting Valora v Twason, 80 Phil. 823 (1948).

° fi iting Manel v De la Fuente, 92 Pil. 302 (1952)

‘Abid. a 399, citing Phil. American Management Ca, Inc. v Phil American Management Employees Ass, GX No. 35251, 29

January 1973, Villegas v Subido, G.R. No. 31711, 30 Septmeber 1971



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill N@! 5125,

Introduced by the Honorable Representative Ronald M. Cosalan

AN ACT AMENDING REPUBLIC ACT NO. 8282 WHICH HAS
AMENDED REPUBLIC ACT NO. 1161, OTHERWISE KNOWN AS.
THE SOCIAL SECURITY LAW, TO REDUCE THE RETIREMENT
AGE OF UNDERGROUND MINE WORKERS, MILL PLANT
WORKERS AND SUPPORT SERVICES, SUCH AS MECHANICAL,
ELECTRICAL, AND TAILINGS POND PERSONNEL TO FIFTY (50)
YEARS OLD.

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Section 12-B of Republic Act No. 8282, amending Republic Act
No. 1161, otherwise known as the Social Security Law of the Philippines, is hereby
further amended to read as follows:

SEC. 12-B. Retirement Benefits. - (a) A member who has paid at
least one hundred twenty (120) monthly contributions prior to
the semester of retirement and who: (1) has reached the age of
sixty (60) years and is already separated from employment or
has ceased to be self-employed; (2) has reached the age of sixty-
five (65) years; or (3) in case of an underground mine worker,
mill plant worker and one who works as support services, such
as_mechanical, electrical, and tailings _pond_personnel, who

reached the age of fifty (50) years and is already separated from
employment or ased to If-employed, shall be entitled
for as long as he lives to the monthly pension: Provided, That he
shall have the option to receive his first eighteen (18) monthly
pensions in lump sum discounted at a preferential rate of
interest to be determined by the SSS.

“(b) A covered member who is sixty (60) years old at retirement,
ifty (60) years old at retirement in case of an underground

mine worker, mill plant we

and one who works as support
services, such as mechanical, electrical, and_tailings pond



SECTION 2.

personnel, and who does not qualify for pension benefits under
paragraph (a) above, shall be entitled to a lump sum benefit
equal to the total contributions paid by him and on his behalf:
Provided, That he is separated from employment and is not
continuing payment of contributions to the SSS on his own,

(©) The monthly pension shall be suspended upon the
reemployment or resumption of self-employment of a retired
member who is less than sixty-five (65) years old, He shall again
be subject to Section Eighteen and his employer to Section
Nineteen of this Act.

“(d) Upon the death of the retired member, his primary
beneficiaries a of the date of his retirement shall be entitled to
receive the monthly pension: Provided, ‘That if he has no primary
beneficiaries and he dies within sixty (60) months from the start of
his monthly pension, his secondary beneficiaries shall be entitled
to a lump sum benefit equivalent to the total monthly pensions
corresponding to the balance of the five-year guaranteed period,
excluding the dependents’ pension.

“(e) The monthly pension of a_member who retires after

reaching age sixty (60) or fil ears, in case of underground
ine workers, mill plant we uy _such as
mechanical, electrical, and tailings pond personnel, shall be the

higher_of either: (1) the monthly pension computed at the

earliest time he could have retired had he bes separated from
employment or ceased to be self-emplo tments
Fe TR eT TT

he actually retires.”

All other laws which are inconsistent with the above-mentioned

following, provisions shall be deemed repealed or amended as appropriate.

SECTION 3.

This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) national papers of general

circulation, whichever comes earlier.

Approved,