REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

FIFTEENTH CONGRESS
Second Regular Session

5356

HOUSE BILL NO. __

Iniruduced by the Honorable Representative Ronaid M, Cosalan

EXPLANATORY NOTE

Republic Act No. 8558, which was approved and passed on 26 February 1996,
amended Section 287 of Presidential Ducree No. 442, otherwise knowa as The Labor Code of
the Plulippines, 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 contnuous
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
supporl services, such as mechanical, ekctrical, and Wilings pond personnel are Exew awe
susceptible and vulnerable to the same health hazards. Hence, the need to reduce the
retinement 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 Depertment
Onder No. 09 (series of 1998), the said Department reduced the retirement age of the
underground mine workers ty fifty (60) years old, in compliance with R.A. 8558. The House
Rill to include mill plant workers and those who work as support services, sach as
mechanical, clectzical, and tailings pond personnel! is currently pending before the House of
Representative’s Committers on Labor.

“he Social Security System (S55), however, requested for time to fully implement the
same, the rationaic being that such an immodiate reduction would be detrimental to the
financial status of the S55, As partial compliance, 585 revised its fmplementing Roles and
Regulations and reduced the retirement age of mining workers to filty five (95) years old,
wilh the agreement that il would reduce the same to fifty (60) years old to comply » ith the
law. Asa 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 retiresent benefits. This went
vn for wore dian a decade

Upon the opening of the 15% Congress last year, the uadersigiwd nude a formal
Inquiry trou SSS as regards its full compliance of the provisions of R.A. 8558, specifically the
redaction 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 dw said statute did not specifically amend the Social Sccusity Law
{Republic Act Nv. 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 izreconcilably inconsistent, that which
is passed later prevails, since it is the latest expression of legislative will? It is to be

that the lawmakers kmew 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 The legislative intent to repeal may
be shown in the act itself} the explanatory note to the bill before its passage into laws the
discussions on the floor of the legislature,” and the history of the two legislations. There is
intent to repeal the earlier special law where the general law uses wards 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 KA.
8282 by sec. 1 of RA. 8558 because of irreconcilable inconsistency. Implied repeal by
irreroncilable inconsistency between two laws takes place when: (¢} the two statutes 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 other2°

Reyardiess of the above discussion, however, the undersigned believes that a
darification of R.A. 8558 should be made at this point in order to prevent any future legal
consequences which may be considered unfair and uncecssarity detrimental to our
hardworking underground mine workers. It is for these reasons that support for, and
prompt passage of this proposed Bill is eamestly sought.

+1
[ONALD M. COSALAN
Pa)

TRE. AGrauo, STATUTORY ConsTaUCTION 413 (5 ED, 2008) citing Pacis v Averia, CR. No, 22526, 29 November, 166 Lrpex
‘Comminsioner of Casioens, GR. No. 25236, 90 Famaacy 1971; Shares w Executive Secretary, GR. USNS, 24 October (963;
(David v COMELEC, 271 SCRA 90 (14977)

2 Pid peal.

Dan 7.

\ AGEALO, supra coke T at 14 citing Casoacho v Cont of Industria! Relations, 80 Phil Wi (1948) Vaca v Twanon, 90 Pha £23

wt en AC Apt EO en Sema Ie Cy fut, GH Ne SLA

spit

7 Mid cating Linaces v Executive Secretary, GR No. 2155, 24 Ocanber 1963.

* td cit Valemn v Fanaa 80 Phil B23 (1965).

+ Mead, fing Marvel v De la Fuente, 92 Phil 302 (12).

dnd ab 399, cing Phil. American Natapeaiend Co, lnc v Phi Amesicaa Management Kanpoyees Asin, GR No. 35254, 29
Jacwary 1973 Villegas v Subido, GR Na. 32713, 30 Septmcber 1971,


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

FIFTEENTH CONGRESS
Second Regular Session,
5356

Jiouse Bill No. __

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 MECH ANICAL,
ELECTRICAL, AND TAILINGS POND PERSONNEL TO FIFTY ety

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 knuwn as the Social Security Law of the Philippines, is hereby
further amended to read as follows:

SEC, 12-6. Retirement Benefits. - (a) A member who has paid at
Teast one hundred twenty (120) monthly contributions prior to
the semester of retirement and who: {1) has reached the aye 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; of 43) 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
empluyment or has ceased to be self-employed, shall be entitled
for as fong as he lives to the monthly pension: Provided, That he
shall have the option to receive his first cighteen (18) monthly
pensions in lump sum discounted at a preferential rate of
interest to be determinad by the SSS.

“(b) A covered member who is sixty (60) years old at retirement,
ifty (50) years old at retirement in case of an underground
her, fas a who we 1S 3
services, such as mechanical, electrical, and_ tailings pond



SECTION 2.

pervunnet, and who does noi qualify for pension benefits under
paragraph (a} above, shall be entitled to a fump sun benefit
‘equal to the total contributions paid by him and on his behalf:
Provided, That be is separsied from employment and is not
butions iv the SSS on his own.

continuing payment of con

(The monthly persion shall be suspended upon the
reemploytnent or resumption of self-employment of @ retind
aeinber who is kesy than sixty-five (65) years old. Te shall again
be subject to Section Eighteen and his employer to Section
Nineteen of this Act.

(3) Upon the death of the setired member, his primary
bencficiaries as of the date of his retirement shall be entitied to
reccive the monthly pensien: Provided, ‘That if he has no primary
peneficiaries and he divs within sixty {60) months from the start of
his monthly pension, his secondary beneticiaries shall be entitied
to 4 lump sum benetil equivalent to the total monthly pensions
corresponding to the kwlance of the five-year guaranteed period,
exctuding the dependents’ pension.

“{e) The monthly pension uf a member who retires after
scaching age sixty (60) or fifty (50) years, in case of underground
mine workers, mill plant workers and support services, such as
mechanical, electrical, and tailings pond personnel, shall be the
higher uf vither: {1} the monthly pension computed at_the
earliest time he could have retired had he been separated from
employment or ceased to be self-employed plus all adjustments
thercto; of {2) the monthly pension computed at the time when
he actually retires.”

All other laws which are inconsistent with the above-mentioned

following provisions shali be deemed repeaied or amended as appropriate.

SECTION 3.

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

circulation, whichever comes earlier,

Approved,