Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4207

House Bill No.

Introduced by HON. ROBERT ACE S. BARBERS

AN ACT DECLARING A ONE-TIME AMNESTY FOR UNPAID SOCIAL SECURITY
SYSTEM CONTRIBUTIONS, INCLUSIVE OF FEES, FINES, PENALTIES, INTEREST
AND OTHER ADDITIONS THERETO, BY EMPLOYERS OF HOUSEHELPERS
UNDER REPUBLIC ACT NO. 7655, OTHERWISE KNOWN AS “AN ACT
INCREASING THE MINIMUM WAGE OF HOUSEHELPERS, AMENDING FOR THE
PURPOSE ARTICLE 143 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED,”
AND REPUBLIC ACT NO. 10361, OTHERWISE KNOWN AS “AN ACT INSTITUTING
POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERS,”
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

This bill seeks to grant a one-time amnesty that will allow employers to settle the
unpaid Social Security System (SSS) contribution of their house helpers or
kasambahays.

Republic Act No. 10361, or the Batas Kasambahay, breathed life to the
Constitutional mandate of the state to protect the rights of domestic helpers and
promote their welfare. Specifically, it entitles domestic helpers to standard employee
benefits, including paid leave, a set minimum wage and coverage in insurance
programs.

Republic Act No. 7655 or “An Act Increasing the Minimum Wage of
Househelpers, Amending for the Purpose Article 143 of Presidential Decree No. 442, as
Amended” made compulsory the SSS coverage for househelpers eaming at least One
Thousand Pesos (P1,000.00) a month. But due to the penalty provision in the Social
Security Law, a significant number of kasambahay employers who wanted to comply
with the registration requirements under the Batas Kasambahay, were imposed huge
unpaid SSS contribution and penalties dating back to 1993, thus deterring them from
continuing with the SSS registration of their kasambahays. As a result, the
implementation of the Batas Kasambahay, particularly the SSS coverage of the
househelpers was stunted significantly.

The proposed measure seeks to provide employers with a one-time amnesty to
settle their SSS contributions as mandated by law without any penalty imposed thereon


The amount of P5,000.00 is a reasonable amount that will not be too burdensome for
the employers to pay through one single payment. The financial relief will hopefully
jumpstart the long delayed compliance of the kasambahay employers to cover their
househelpers with the SSS benefits. More importantly, the amnesty program will help
the Social Security Service raise additional revenues.

In view of the foregoing, approval of this measure is ea!

HON. ROBERT ACE S. BARBERS
Representative
2” District, Gurigao del Norte



CONGRESS OF THE PHILIPPINES —_)

SEVENTEENTH CONGRESS )
First Regular Session )
‘
HOUSE BILL NO. _ 4207

Introduced by HON. ROBERT ACE S. BARBERS

AN ACT DECLARING A ONE-TIME AMNESTY FOR UNPAID SOCIAL SECURITY
SYSTEM CONTRIBUTIONS, INCLUSIVE OF FEES, FINES, PENALTIES, INTEREST
AND OTHER ADDITIONS THERETO, BY EMPLOYERS OF HOUSEHELPERS
UNDER REPUBLIC ACT NO. 7655, OTHERWISE KNOWN AS “AN ACT
INCREASING THE MINIMUM WAGE OF HOUSEHELPERS, AMENDING FOR THE
PURPOSE ARTICLE 143 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED,”
AND REPUBLIC ACT NO. 10361, OTHERWISE KNOWN AS “AN ACT INSTITUTING
POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERS,”
AND FOR OTHER PURPOSES

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

SECTION 1. Amnesty of Employer's Share in the SSS Contributions of the
Kasambahay. — Any employer as defined in Section 4(d) of Republic Act No. 10361 or
the "Batas Kasambahay" who is delinquent or has not remitted all contributions due and
payable to the Social Security System (SSS) under the Batas Kasambahay or Republic
Act No. 7655, otherwise known as “An Act Increasing the Minimum Wage of
Househelpers, Amending for the Purpose Article 143 of Presidential Decree No. 422, As
Amended,” may, within three (3) months from the effectivity of the Implementing Rules
and Regulations of this Act, settle all premium payments or contributions without
incurring the prescribed penalty provided for in Section 22 of Republic Act No. 8282 or
the “Social Security Law” by remitting a one-time full payment of Five Thousand Pesos
(P5,000.00) per kasambahay; Provided, That in case the employer fails to remit the said
‘one-time payment within the availment period provided for in this Act, the penalties are
deemed re-imposed from the time the contributions first became due, to accrue until the
delinquent account(s) is/are paid in full; Provided, further, that employers who have
settled arrears in premiums or contributions before the effectivity of this Act shall
likewise have accrued penalties waived.

SECTION 2. Immunities and Privileges. - Those who have availed themselves of the
amnesty and have fully complied with all its conditions shall be relieved of any civil,
criminal, and/or administrative liabilities arising from or incident to the non-payment of
the SSS contributions and penalties.

SECTION 3. Implementing Rules and Regulations. — Within thirty (30) days after the
effectivity of this Act, the Social Security Commission, in coordination with the


Department of Labor and Employment, shall issue the necessary rules and regulations
for the effective implementation of this Act

SECTION 4. Separability Clause. — If any clause, sentence, paragraph or part of this
Act shall be adjudged by any Court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder of this Act, but shall be
confined in its operation to the clause, sentence, paragraph or part thereof directly
involved

SECTION 5. Repealing Clause. — All laws, decrees, orders, rules and regulations or

other issuances or parts thereof inconsistent with the provisions of this Act are hereby
repealed and modified accordingly.

SECTION 6. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in two (2) national newspapers of general circulation

Approved.