SSS Condonation Law RA 9903 Signed

President Gloria Macapagal Arroyo signed into law R.A. 9903 or the Social Security Condination Law. This action is aimed at assisting those engaged in small and medium business enterprises by condoning the penalties. The focus will then be on the payment of balance of the employer’s contribution to the employee’s SSS.

In addition, the grant of amnesty for the penalties would redound to the benefit of the hundreds of thousands of workers whose employers have not been paying their contributions to SSS, using the same for other corporate financial requirements.

Under the SSS Condonation Law delinquent employers may remit their contributions or submit proposal to do the same on installment basis. Under the premium payment schedule, the employer is required to remit a total of 5% of contribution delinquency where the balance shall be paid in equal monthly installments within 48 months from the time the SSS approves the submitted proposal. The installment payment however shall bear a 3% annual interest.

The condonation of penalties shall likewise apply to those who were able to settle their arrears prior to the implementation of the SSS Condonation Law.

Finally, the said law provides that pending case against erring employers will be withdrawn, but this is without prejudice to the refilling of the same in case the employer fails to remit in whole.

Photo Credit: Rey Baniquet/OPS-NIB Photo



Author: Atty. James Biron
Atty. James S. Biron is a corporate lawyer specializing in foreign investments, trade, mergers and acquisitions, planning and financing of projects and capital raising. Clients served include real estate, construction, energy, information technology, agriculture, education, medical and casino gaming companies.

189 Comments

  • ariel

    our company is currently paying contribution penalties for the period February 1999 to February 2006 under the sss installment program (thru post-dated checks). are we covered by the condonation law? can we apply for the refund of the payments we have already made and ask sss to stop depositing our remaining post-dated checks?

  • Atty. James Biron

    @ ariel, under Sec. 2 of the RA 9903 or the SSS Condonation Law, it is provided that “Any employer who is delinquent or who has not remitted all contributions due and payable to the Social Security Commission (SSS)…may within six months from the effectivity of this Act: a) remit said contributions; or b) submit proposals to pay the same in installments…”

     

    You mentioned that your company is currently paying contribution penalties for the period February 1999 to February 2006. Thus your company is covered by the said law since RA 9903 refers to “any employer who is delinquent or who has not remitted all contributions due and payable to the Social Security Commission..”

     

    You would also like to know whether you can apply for refund of the payments which your company have issued. I regret to inform you that RA 9903 only permits the company to remit the contributions or to submit proposal to submit installments. The law does not allow the delinquent employer to seek for reimbursement of the penalties paid.

     

    Nevertheless, upon “approval and payment in full or in installments of contributions due and payable to the SSS, all such pending cases against the employer shall be withdrawn…” Thus, if there are cases against your company for non payment of contributions, these cases shall be withdrawn upon compliance with the requirements of the RA 9903.

     

    Once your company has settled all the contributions due, there will be no more obligation to pay the contribution penalties. As such, you may request the SSS to stop depositing the remaining post dated checks issued by your company.

     

    I hope I was able to enlighten you. Please let me know if you have further questions.

    • Jazz

      Hi, Atty. 
      I just want to inquire how to file a complaint to my previous employer who did not remit my SSS and PhilHealth for a period of 1 year though they deducted it from my salary. I just found it out recently when I registered online and saw all the contributions made. Then, another thing is that, I did not received the 27,000 reimbursement for maternity leave supposedly given by employer, as the info online recorded. I only received the payment from SSS . I did not know these things until I checked the online sss information. I do not have payslip anymore and proof of their SSS deductions, what shall I do?

  • ariel

    Thank you so much for your quick reply. It did enlighten me on the intricacies of RA9903. 

    We just feel that it is unfair if we can’t/won’t be able to refund or at least apply our paid penalties to future contributions due since the amount is somewhat material in value (3.5m) plus the unpaid portion covered by PDC’s (1.5m).

    Again, thank you very much and more power!

  • Atty. James Biron

    @ ariel, i share your sentiment. It would have been a total good news to all companies in the same position as that of your company if the new law will allow reimbursement. Unfortunately, that is not provided by the SSS Condonation Law.

    But look at the bright side, with the help of RA 9903, your company will only be required to pay the balance of the contribution payments. The obligation to pay penalties has been removed and this means your company can still save money that would otherwise go to paying the penalties.

  • ariel

    As the saying goes… Dura lex sed lex….

    Thank you so much for your patience.  More power and success to you, Atty. Biron!

  • Atty. James Biron

    @ ariel, it’s my pleasure. thank you also for your kind words.

  • Orly Camposano

    Sir,

    Are employers entitled to condonation on deliquent loans of each employees. thanks

    Orly

  • Atty. James Biron

    @ orly, thank your for the query. There’s a SSS circular which governs the condonation of penalties on delinquent short-term member loans, this is known as Circular 2009-005. Sad to say however, that availment of the penalty condonation program was only up to 31 December 2009.

  • Leo C Talens

    How about on the inadvertence of paying the loan repayment where there was deduction on the part of the employee, but there was delayed on the remittance, where after the lapse of more than a year, there is compounding interest plus penalties thereof?

  • Atty. James Biron

    @ leo, thank you for the note. RA 9903 covers only the penalties for delinquent contributions. “Contributions” is defined by the Social Security Act of 1997 as the amount paid to the SSS by and on behalf of the members in accordance with Section 18 of the Act. If you will look at the said section, you will notice that the same does not cover loan repayments.

  • malyn

    Hi! we are a  small family-owned company and has stopped filing for contributions since 2005 when the company has not been doing good financially.  We have not also been collecting from our employees who don’t work when we have no projects.  Now SSS has sued us for contributions from 2005 to 2008.  If we apply for the condonation, do we still have to pay for the employee part of the contribution or only the employer part?  We didn’t file for company closure in 2005 at the local government are we still obligated to pay contributions til this current year upon approval of our closure?

    • Atty. James Biron

      generally, you will be required to pay for both. but if your lawyer can prove that you indeed ceased operations way back in 2005, the court may, for equitable grounds, allow you not to pay both.

  • Ding Colico

    Sir,i am a retrenched employee with an SSS loan balance of 13,oooplus, that was way back nov. 2004. I was not aware that there had been a condonation of penalty of loan last year, and besides no available money for payment yet.I am planning to pay my balance but the penalty has amounted to 5,000plus thus my total liabilities is 19,000plus already. Is there any other schedule of penalty condonation from SSS?

    sincerely yours
    ding

  • karl

    Good day Atty. I would like to ask po about something, yung husband ko pa kasi is working at this call center industry, he started working there november of last year lang. last month, nag submit po siya ng application for loan salary sa SSS, first time po siya mag lo-loan, i checked online that he is qualified so i told him na mag file na nga siya ng salary loan since indicated naman dun sa website ng SSS na qualified siya. After roughly about 3 weeks, he was told na na-reject nga po yun SSS loan niya dahil wala po existing hulog in 6 months. considering na nagstart po siya nung november up to today, nakita po namin dun sa website na kahit isang month wala pa po hulog yung company niya kahit isa since november until this month, ang sabi po sa kanya, kaya daw wala pa hulog e dahil yung mga bagong empleyado e kulang pa yung mga documents, pero wala po natanggap na email o info yung husband ko na sinasabi na kulang siya ng mga document, so we would think nahuhulugan siya. ang problema ho, wala pa nag rreflect na hulog sa sss yun company niya pero kinakaltasan na siya since they started. Meron po ba kami right mag complain about it? kasi kung hindi pa ho kami nag apply ng salary loan, hindi po din namin malalaman na wala pa hulog yung company niya sa SSS. We need to know po kung ano ang right step to address the issue, we are thinking about complaining it, kasi i dont think its fair not just for husband, but for the other employees.

    Thanks. Hope to hear from you the soonest.

    Rgds,
    Karl

    • Atty. James Biron

      Good day to you too Karl. You wish to know whether you have a right to complain about the perceived unjust actions of your husband’s employer. Please be informed that you may complain such inaction, this is in accordance with Sec. 28 (h) of Social Security Act of 1997, which provides that:

      “(h) Any employer who, after deducting the monthly contributions or loan amortizations from his employee’s compensation, fails to remit the said deductions to the SSS within thirty days from the date they became due shall be presumed to have misappropriated such contributions or loan amortizations and shall suffer the penalties provided in Article Three Hundred Fifteen of the Revised Penal Code”

      • karl

        Hi Atty., 

        Thanks very much for this info.. its highly appreciated..  But im not quite sure where to go to file the complain po.. Where can i exactly go para ma-i-file po yun?

        Thanks as always,
        Karl

        • Atty. James Biron

          You’re welcome! Go to the SSS office which has territorial jurisdiction over the place where the offense was committed. For example if the office of the call center is located in Cebu City, go to the SSS branch in Cebu.

           

          • karl

            Hi Atty. Thanks for all the information.. i’ll put this into action.. You’re a big help.. Have a good one and God speed

            Cheers,
            Karl

  • MANASES M.GENOVIA

    Good day, my inqury is about condonation of my salary loan, it was release 1997, deducted by my employer and not remittted. so my latest statement shows more or less 23,000.00 , my question can i avail the condonation program?

  • MANASES M.GENOVIA

    the principal loan amount is 9,000.00 after 13 years this became 23,000.00. i was expect that it was fully paid by my employer, seems that they deducted from salary. recently i recieve the statement. how can i avail the condonation.
                                                                                                                           mmg davao

    • Atty. James Biron

      RA 9903 is not applicable to your situation. However, you can file a complaint against your employer for non-remittance of your loan payment. It is the duty of your employer to remit what it has deducted from your account.

       

  • anica

    Sir,

    What are the requirements to avail the condonation?

    • Atty. James Biron

      Hi Anica, thanks for the question. Here are the requirements: 1. You must be an employer who is delinquent or has not remitted all contributions due and payable to the SSS 2. Within 6 months from the effectivity of the Act, you must: a. remit said contributions, or b. submit a proposal to pay the same in installments, subject to the implementing rules and regulations which the Social Security Commission may prescribe

       

       

  • anica

    Thanks for the reply.

  • Hi Atty,
    I left my previous employer on March, 2009. Since that time, they were saying that they have made arrangements with SSS to pay what they owe.
    Up to now, more than a year after, i still dont see my contributions for the whole year of 2007, 3 months in 2008 and 3 months in 2009. (information from sss website)
    Is there a way for me to verify if my employer has indeed made arrangements with SSS or if they are indeed paying?
    Where can we complain regarding these problems?
    Thanks so much.
     
     

    • Atty. James Biron

      Hi Philip,

      There are two (2) possible reasons for this: first, your employer did not remit to the SSS for those time periods and second, the SSS information in its website is not updated with regard to your account.

      It would be proper therefore that you go to SSS office to confirm if indeed your employer remitted or not. You can file a complaint in that SSS office in case you find out that your employer is remiss in its obligation.

  • joel

    sir gud am, i have an outstanding loan of 10k last year 2004 and i haven’t paid it yet .  I know it will incur interest and up to now i have not applied for condonation. What will happen to my outstanding unpaid salary loan. How much will i pay every month and ? thanks

  • kristel

    hello atty…my father is asking what will happen to his balance unpaid loans of 2,000+ since 1997 and he is no longer paying the monthly or quarterly contribution to SSS but he is 20 years member of SSS.paano po ba mabayaran un ng papa ko para di cya mabigatan?at magkano na ho ba ang interest ng loans nya?i mean magkano na total payable nya sa SSS?thanks po…waiting for yout reply. kristel

    • Atty. James Biron

      hello kristel, the unpaid balance will earn interest of 10% per annum plus a penalty of 1% per month since it was not paid on time.

      In case your father is still working, the employer should remit your father’s contribution to SSS. This contribution will be deducted from your father’s salary.

      In case your father is now separated from his previous employer, the employer will now deduct your father’s contribution from the benefits which your father will receive.

      In case your dad is already retired, SSS will deduct your father’s loan + interest + penalty from the benefits which he will receive.

  • tinoy

    i’m a voluntary member of SSS.how many months of contributions po ba para makapag first loan me?then how much will i get on my first loan?then how will i pay it?i mean my monthly contribution now is 236 as voluntary member..after i avail the loan magkano na magiging monthly payables me?thanks po in advance…

    • Atty. James Biron

      A voluntary member must post 6 monthly contributions for the last 12 months before the month of filling of the application.

      You may get a one month salary loan which is equal to your latest 12 monthly credits posted. You may also avail of a two month salary loan which is twice the one month salary loan but this shall not exceed Php24,000.

      With regard to the payment of the loan, as a voluntary member you need to pay the first amortization to the SSS or to any of its authorized banks on or before the 10th day of the third month following the date of the loan.

  • Limar Algar

    Good day Atty.
           Hi sir i would like to ask  why does some of our employees loan were not accepted in the SSS  just because of condonation..i need further explaination regarding this sir..Thank you so much

  • citadel

    Sir may I ask some questions regarding SSS? my company was able to established new company name but using its employee (sales staff) to perform task in sales area while they are under the first company, the first company is using its sss contribution payment for the second company. is that legal? I’ve heard that the said second company dont have any sss requirements.

    thanks 

    • Atty. James Biron

      Hi Citadel, this statement is not clear “my company was able to established new company name”…do you mean you were able to establish a new company OR you were able to change the name of your old company into a new one?

  • LEE

    good day atty! i just got the check for my second loan with SSS, i assumed na mas mataas yun kase 2nd loan koh na sya. however, mas mababa pa un nakuha ko. meron po ba mali sa pag-fill out ko ng application, or is this something about sa contributions koh, dko poh talaga alam kung baket ganun. please explain po para ma-enlighten ako. thank you

    • Atty. James Biron

      good day lee! the value of the loan depends on the average of your latest 12 month’s credit posted. so if for the past 12 months you are receiving an average of Php15,000, that is also what you will get. this is true for one month salary loan.

      however for tw0-month salary loan it will be twice the average but the value will not exceed Php24,000. thus if you are averaging Php15,000, twice of this is Php30,000. but you will not receive the whole Php30,000, only Php24,000 because of the limit.

      • LEE

        ilan po ba dapat ang contributios para sa 2 month salary loan?

        • LEE

          ilan po ba dapat ang contributions para sa 2 month salary loan?

        • Atty. James Biron

          if you are asking about the number of times you need to contribute in order to avail of 2-month salary loan, please note that you must have 72 posted monthly contributions prior to the month of filing the application.

          if you are asking about the amount of contribution, there’s no requirement as to this, as long as you have complied with the 72 posted monthly contribution requirement.

          • LEE

            that could be the reason why i was approved for one month salary loan, kase ang total contri koh ay 64 pa lan.
            thank you

  • Nanette

    Sir,
    gud day po! tanong ko lang po what is the best way for me to deal with my previous employer who failed to remit our SSS contribution yet always deducting it from our monthly salary from d duration that i was working with them. i had left their company last march 2010 and apparently 29 months of my SSS contributions were not remitted. i worked with them as the founder of d preskul from june 2006-march 2010. hope you can really help me with this one. salamat po!
     

    • Atty. James Biron

      good day too nanette! you can go to SSS and complain about this illegal practice of your former employer. it should be pointed out that failure to remit by the employer of employee contributions is specifically prohibited  and penalized by the SSS law.

  • ric

    Hi atty james,

    I was checking online yet i notice i had a overdue unpaid from my prev salary loan w/c accumulated by the penalty amounting to 27,164.00 from my salary loan of 15,000 only.

    I am now in voluntary member yet I was surprise w/my payments obligations
     
    Can be covered by the condonation law of my delinquent payments?
    How could I apply w/this?
     
    Kindly advice
     
    Thanks  
     
    Ric

  • Atty. James Biron

    Hi Ric,

    The RA 9903 is not applicable to you. You need to wait for an SSS Circular granting penalty condonation for delinquent salary loans. As of this writing, there’s no such circular in effect. The last one ended 31 December 2009.

     

  • Nanette

    Sir,
    thank you for your help. I went to the SSS office to file a complaint and just waiting for their actions after visiting my previous employer.
    Thanks po ulit! more power!
    Nanette

  • Joy

    Good afternoon po, nagsalary loan po ako August 20, 2002, approved po sya ng 13,000. Hindi na po nabayaran dahil nawala po yung voucher. Iba na rin po ang employer ko ngayon, pwede po bang ako na lang ang magbayad nung obligation ko, pwede ko po bang i-avail ng loan condonation? Paano po ba? Ano po ang dapat kong gawin? Maraming salamat po…

    • Atty. James Biron

      Good afternoon too. What you need to do is to report to your new employer your obligations with SSS. Your employer will then deduct your corresponding amortizations as well as any penalty for late remittance.

  • mathan rae

    question po. i plan to file for a second loan. a little bit of background: upon making 36 contributions, i immediately filed for my first loan. after paying it off for the prescribed 24 months, i am now ready to make another loan. my question is, can i now take advantage of the two month loan? i know that it needs 72 contributions for that but counting the 36 contributions i made plus the 24 contributions within the time i paid off my loan, i only have around 60+ contributions. as per sss website i also saw the lines below. does that mean that on my second loan i can file for a two month loan despite having less than 72 contributions? i hope you can shed light on this matter. thanks!

    WHO ARE QUALIFIED

    1. CURRENTLY EMPLOYED, SELF-EMPLOYED, VOLUNTARY MEMBERS AND THOSE WHO ARE SEPARATED FROM
    EMPLOYMENT WITHIN SIX MONTHS IMMEDIATELY PRECEDING THE DATE OF FILING OF LOAN APPLICATION
    AND WHO HAVE REMITTED TO THE SSS AT LEAST 36 MONTHLY CONTRIBUTIONS PRIOR TO THE SEMESTER OF
    FILING OF APPLICATION ARE ENTITLED TO A ONE-MONTH SALARY LOAN.
    IN ADDITION, MEMBERS WHO HAVE PAID AND REMITTED TO THE SSS 24 MONTHLY CONTRIBUTIONS WITHIN
    THE TWO YEAR PERIOD IMMEDIATELY PRECEDING THE FILING OF APPLICATION ARE ENTITLED TO A TWOMONTH
    SALARY LOAN.

    http://www.gov.ph/download/sss/salary.pdf

     

     
     

    • Atty. James Biron

      hi matham rae, you have very keen eyes! you noticed the discrepancy. now, allow me to inform you that the quote you posted as well as its source is either erroneous or outdated.

      how come it allows a one month salary loan with 36 months posted monthly contributions while for a two-month salary loan, it requires only 24 months posted monthly contributions. there must be a typo error in that pdf file. you can also take a look at the date of the pdf, it was created in 2000.

      now take a look at this pdf file of a loan application modified as of 2003 and coming from the SSS website:

      http://www.sss.gov.ph/sss/uploaded_images/forms/normal/ISL-101.pdf

      if you read that you will see that to avail of a two-month loan, you need to have 72 (and not 24) posted monthly contributions.

      here is also a news from the Public Information Agency (PIA) website dated 2009

      http://www.pia.gov.ph/default.asp?m=12&fi=p091026.htm&no=12

      you can also observe therein that the requirement is 72 (and not 24) posted monthly contributions.

      i hope this clarifies the matter.

  • Larry

    I have a salary loan which my previous employer was not able to deduct from me.  I don’t want my present employer to bother about deducting it from my salary – I would like to pay it on my own terms…  Say, the balance is P10,000 and I would like to  pay P1000 every payday thru any SSS authorized bank (the last amount should be different of course due to penalties and interests) – is it possible? Just like paying bigger or lesser when able.

  • maria leonora b. laquindanum

    Good morning sir!I would like to inquire on condonation on short-term loan. In our office Im the admin assistant, Im handling the sss and  pagibig contributions & loan reports of our employees. Some of my friends asking me about the condonation on short-term loan for they want to avail it.I’m humbly asking for your reply on update on the said condonation. Thanks a lot sir.

    • Atty. James Biron

      Good morning! The last salary loan condonation program by SSS ended last 31 December 2009. As of this time they have no condonation of penalties program for salary loans, let’s wait for update from the SSS.

      • maria leonora b. laquindanum

        Good morning Atty. James! Hope SSS will make another program for  condonation on  short-term loan soon. This will be a big help to ease some of the Filipinos’ burden when it comes to financial aspect. and a good opportunity too for SSS in getting some fundings. I saw some news in SSS that they get a lots of money on the condonation program for the Filipinos grab the chance like this one. I myself told my other friends that they need to fixed things or pay their arrears in SSS so they will not have problems when the time comes that they need it and they did follow my suggestions. They asked for my help on what to do, I share them those things I know when it comes to SSS. Please help me too by giving some updates on SSS.Thanks Atty! Hope you can help me too.

        • Atty. James Biron

          Good afternoon Ms Leonora, I read a news saying that SSS issued a new circular for loan condonation, but upon checking with the SSS website, this Circular is nowhere to be found, probably it hasn’t yet been uploaded in their website.

          In case you want to know what the Circular provides, here’s the portion of the news I read:

          “The new loan amnesty, guidelines of which were published last week through an SSS circular, allows employers to remit their employees’ unpaid loan principal and interest due on or before April 1, 2010 without paying penalties.”

          • maria leonora b. laquindanum

            Thanks Atty!But how about those who were under self-employed or voluntary status because they were separated from their employers long ago, they want to avail the condonation too, are these circular applicable to them? Some of my friend were under self-employed and voluntary status now and they want to avail condonation to avoid penalties.
            Another thing  Atty., how about the  machine that capture picture of the member for ID system, I heard that  the available unit is located in Head office only. Is there any other way to fixed other machine located in other branches that used before, so that other members that too far from Quezon City will not go there just to take their picture in order to get SSS Digitized ID. Thank you Atty. James, hope i can hear from you again the soonest.
             

          • Atty. James Biron

            Hi Leonora, please post your question and future questions at the forum section of this website which can be found by following this link https://www.jamesbiron.com/forum, just copy paste your question so that you don’t have to retype everything.

            I have decided to transfer all questions and answers into the forum section so that the topics will be properly organized. If you have questions regarding the forum, just let me know.

            Thanks!

  • Edith P. Gabrillo

    Good evening po. May I ask what are the procedures and reports to be submitted when a corporation ceases to operate. Thanks in advance po.

    • Atty. James Biron

      Good evening Edith, before the corporation can cease to operate it must first be “dissolved”. Now please tell me what was the reason why the corporation ceased to operate: is it due to involuntary or voluntary reason? If it is for voluntary reason, are there creditors that will be affected or none?

  • boyet lantin

    Can a self-employed avail of condonation under RA 9903 by alleging that as self-employed he is also an employer?
     
     
     

    • Atty. James Biron

      A self-employed is considered both as an employer and an employee. (RA 8282). He can therefore avail of the benefits of RA 9903 provided that all the requirements are present.

  • boyet

    This self employed retired and was deducted of penalties  by reason of underpayment of his premium payments. He now alleged that the deducted penalties be refunded to him, can  that be covered by RA 9903
    Thank you

    • Atty. James Biron

      RA9903 or the SSS condonation law merely provides for condonation of penalties but not for refund of money already deducted.

  • boyet

    thanks  for the information.
     

  • Atty. James Biron

    Dear readers, if you have questions regarding the SSS Condonation Law (RA 9903) please post these questions in the forum by following this link:

    https://www.jamesbiron.com/forum/showthread.php?5-SSS-Condonation-Law-and-SSS-Loan-Amnesty-Programs

    Thanks!

  • Riz

    Hi atty biron

    i applied for sss id year 2007 and it was supposed to be mailed to my office address, but months passed and i didnt receive the sss id. i left the company then went back after a year to check if they have my sss id but they said they didnt receive anything. Should i apply for a new sss id card are there any requirements or fees for this?
    Thanks in advance 🙂

    • Atty. James Biron

      Hi Riz,

      Kindly post your question at the Legal Forum section of this website. You can reach the forum by following this link

      https://www.jamesbiron.com/forum/forumdisplay.php?4-GSIS-SSS-and-Pag-Ibig

      In order to post your questions there, you have to do some simple steps, these are:

      1. Register (don’t worry this is free)

      2. Click “Post New Thread”

      3. Provide a title to your question such as “SSS ID inquiry” or other appropriate title

      4. Post your question (you may copy and paste this question of yours to the forum so that you don’t have to type again).

      That’s all. 🙂

  • elenor j. carunungan

    hanggang kailan ang condonation.thanks

  • karl

    Good day to you again. I have another question regarding SSS, i am currently paying for my first salary loan with SSS. i still have to pay an amount go 7k as the remaining balance. my question is, can i request for another loan and will SSS just deduct the balance i still have? lets say im eligible to loan a 20k amount, will they deduct the 7k from there? and is it still possible to file the loan or should i just wait for it until fully paid?

    resending for correction..

    Karl

  • Marla

    Hi, sir. I paid my balance last Nov 2009  for my 1st loan on 1997,  and i availed the  loan condonation. I just want to ask, when can i apply for the 2nd salary loan? I have 75 total contributions as of June 2010. thank you.

    • Atty. James Biron

      Hi Marla, please post your question at the forum section of this site. Follow the instruction indicated at the comment immediately preceding your comment so you will know how to proceed to the forum.

  • Peter Acosta

    what if the employee rejects to pay his sss contribution?

  • rose forbile

    Dear atty!
    i had an approved salary loan from my previous er way back 2005 i wasn’t able to pay it on time due to disengagement to them, my approved loan amount was about 17,000 i applied for a condonation of penalties last year (2009) but wasnt able to pay it again, my new employer is already deducting an amortization amounting php2000/mo in my computation i am about to complete the whole amount before the end of 2010, but to my surprise when i inquire my balance it appears that i still have to pay until February 2011 which means my penalty is still accumulating even if I’m continuously paying for my loan. is there anything that i can do to stop the penalty from increasing? please advise thanks. rose =)

  • Honeylette Roy

    Hello.. my mother has a salary loan last 2003. On the same year, her employer closed illegaly. As of this writing, my mother since she has no other source of funds has not started paying her loan. From 20,000+ her loan (as per sss online) was now 40,000+.  Checking the eligibility button in the sss online, it says that she’s qualified for a loan condonation. Does it means that if she apply for loan condonation  and pay the original loan amount, am I right that penalties and interest will be waived? Please enlighten us. Thanks

  • Dennis

    There are some cases that employees dont want to pay SSS so that there is no deduction on their salaries.  Will the employer be liable even though the employees signed a document stating that they are insisting that they dont want to pay SSS?  Thanks

  • rachelle

    hello there!

    I would like to see the employer’s payment schedule (quarterly schedule – the months inclusive and the due date). Is it possible for me to download it? If yes, please give me the link.

    Thank you!

  • glenda

    good pm. atty. is there a possibility of another condonation?

  • Danilo

    Hi Atty. Biron,
    I have a loan in 1996 in the amount of 10000 which left unpaid until now, i would like to settle my obligation.  However, I would like to know if I can still avail the loan condonation program of sss.

    • Atty. James Biron

      Hi Mr. Danilo,

      Please post your question at the forum section of this website. You can find the instruction below, look for the red “note”.

  • Atty. James Biron

    Good day too Mr. Pimentel, please post your query at the forum section of this website, read the red note below for the instruction. I will answer your question in that section of this website. Thank you.

  • YENDA

    ATTY. GOOD DAY CAN MY HUSBAND AVAIL THE CONDONATION? HE IS NOW SELF EMPLOYED PERO MAYROON SYANG SALARY LOAN NOONG NAGTRABAHO PA SYA SA COMPANY NG HYUNDAI PERO NGAYON CLOSE NA ANG KOMPANYA GUSTO NA NYA ITONG BAYARAN

    • Atty. James Biron

      Good day too Yenda. Please post your question at the forum section of this website. For details, pls read the red note below.

  • anne

    Good day, Atty. Gusto ko po mag-apply for a salary loan pero hindi pa po umabot ng 36 yung contributions ko kasi hindi niremit ng current company ko yung 17 months na dineduct nila sa salary ko from 2009-2010. Ang total contributions ko palang po is 25 as reflected sa sss site when it should be 42 na. But according to our office, ng-issue na sila ng postdated checks para bayaran yung utang nila sa contributions. I need the money na kasi. What should I do para makapag-loan na ako? Thanks Atty!

    • Atty. James Biron

      Good day Anne. Please post your question at the forum section, the instruction on how to access the forum is provided below. Thank you.

  • THERESA

    HOW ABOUT MY CASE, IM NOT EMPLYED FOR 13 YEARS AND I LEFT A REMAINING BALANCE ON MY PAST SALARY LOAN, NOW IT EARNED AN INTEREST MORE THAN THE AMOUNT OF MY LOAN, AND IT IS REALLY HARD FOR ME TO PAY THAT INTEREST COZ IM JOBLESS, IM A FULL TIME HOUSEWIFE BUT I WANT TO SETTLE MY REMAINING BALANCE AND WISH TO CONTINUE MY MEMBERSHIP AS VOLUNTARY.

  • michelle

    hi atty biron,

    pls clarify if the condonation is for employer or employee… i heard SSS is open for condonation until june 2011…we have certain employees who had delinquent loan balance when they wer not yet employed in our company, now since im asking for SSS Certificate Clearance ..SSS gave me a summary list of these accounts and were told to settle this first …how do i go about this ..shall it be my responsibility as representative of my employer (HR) to settle these loans or it will be the employees responsibility…how does the condonation works ..much thanks

  • nice

    hi james..
    i would like to ask if iam still qualified for loan condonation..here is the msg i’ve got from sss..

    Member is qualified to apply for Loan Condonation! ***

    *** Member may now secure application and payment form ***

    *** and submit it to the nearest SSS Branch. with this message am i still qualified?

  • Nila J. Laguardia

    Atty. James Biron,

    Good day! I just want to clarify if there is condonement of  penalties of salary loan granted this year 2011? 

    Thanks.

    • Atty. James Biron

      Good day too Ms. Laguardia, please post your question at the forum section of this website. I will answer your question once I see it there.

  • Anne

    Good pm Atty,

    As an employer, we have present employees who have salary loan balance under their previous employer, as thier present employer how can we help them or how they can settle and pay their deliquencies using the penalty condonation program?

    Thank you.

    Anne

    • Atty. James Biron

      Good morning Anne, please post your question at the forum section of this website. I will answer your question once I see it there.

  • grace

    hello atty.. good morning.. ask ko ang po.. kng pwede akong mag loan agad if i pay the condonation program.. ask ko po  kaci sa  office ng sss,,, pwede na akong mag load kaci  nabayaran ko na po, approve po ng branch nila but then noon submit na nila sa main branch nila na nireject po nila ito.. because it is a condonation payment daw po yong paymet ko..  but why na yong system nila ay pwede na akong makapag load.. hindi ba accorate mga system nila.. dapat sana nilagay nila sa policy iyon…   lalo na e… employed naman ako… thank you so much..

    • Atty. James Biron

      hello grace, please post your question at the forum section of this website. I will answer your question once I see it there.

  • Marcie

    We have  employee who self paid his salary loan from Jan-Mar2009 and forwarded his loan to our company Dec2009 which we start paying until now. He was previously employed to an agency. But we check the salary loan balance it was 4000++ which suppose to be 1970pesos only. Our employee ask for computation but the branch did not provide any explanation how that happen and always check your online SSS or call but still no answer.

    What we will do about it?

  • anna

    atty. ask ko lang po nagloan po ako nung aug 2004 pa po pero eversince hindi ko po nahulugan pwede po ako mag avail ng condonation program. ang naloan ko po ay 5600

  • Lucy

    Hi Sir,

    I have not learned about this RA9903 earlier.  I just want to ask if there is a deadline to avail this condonation.

    Thanks.

  • jams s anulao

    Sir,
    i just wanna ask regarding the Right to benefits of employees under ra 9903 section 12. 
    Due to delinquent payment from 2005 to 2009 contribution.I made a settlement in sss through installment basis.I issued check and ended march 2011. My contribution for 2010 were updated and were not included under the installment scheme program.
    Now, one of my employee gave birth last september 15, 2010. Does this covers  ra 9903? Even our sss contribution  were updated in 2010? Should I pay my employees maternity benefit? Can I apply for restoration of maternity benefit after full payment of the installment scheme? 
    Hoping for your answer.

    thank you!

  • Ziony

    Hi Atty,
    How can I avail of the condonation? I am an OFW, I pay SSS voluntary contriburion. Am I eligible for the condonation for my Stock Purchase Plan?
    Thank you very much in advance.
    Have a good day.

  • norma egpit

    good day po atty. biron
    sir ask ko lang po, kase yung mom ko may loan na 8thousand nung employed pa sya,back in 1991 pa. then nagresign na sya at nalaman namen ngayon na hindi pa pala bayad yung loan nya. nag-accumulate na sya ng 52thousand. ano po ba maganda gawin dito at makaka-avail ba sya nung condonation program ng sss? kase gusto na sana ng mom ko na mag-file ng disability benefit since disabled na sya ngayon pero hindi namen alam kung possible nga yun since may utang pa sya ngayon sa sss ng 52 thousand.
    thanks po.

    • Atty. James Biron

      good day din po Ms Egpit, paki post po ng tanong mo sa forum section ng website na ito. doon ko po sasagutin ang iyong katanungan.

  • kat

    hi atty. our present company says they do not honor condonation. we are unable to apply because of this. is there any solution to this problem? pls advise. thank you. more power.

  • JOY

    gud day,atty.!yung father-in-law ko p kasi,nagleave s bus company nya. then nung babalik n sya,kelangan daw muna nya bayaran ung unpaid salary loan nya s sss bago sya bigyan ng biyahe.does it mean responsibility po b ng company nya na pilitin ang mga employees nito pag meron p silang unpaid loans?thank you po

  • rosario e. santos

    is there a latest condonation on salary loan and calamity loan as of today? if so, what are the requirements? how can i avail of it?

  • Jing

    good morning, i’d like to avail of the condonation program of sss. is it still ongoing?

    • Atty. James Biron

      good morning, please post your question at the forum section, go to jamesbiron.com/forum, i will answer your question once i see it posted there.

  • ecarg

    atty:
       i have new employer po im teaching here in school but the school did not pay for my taxes, sss, pag ibig and my philheath they did not even ask me if we want to pay my obligation…i ask them if i can continue my sss, phil health tax and pag ibig but hinid po sila umaaksyon regarding that matters..at balita ko rin po na hindi sila nagbabayad ng taxes at wala po sa mga kasamahan ko na may sss or yung dapat bayaran as employee..im so worried about my future if may mga ganitong mga employers…ano po ba dapat gawin? may mga law po ba sa mga ganito na hindi nagbabayd na employers?

  • paL

    un company q im sure d ngremit.. kc wla nman updated sa sss contri q. pro sbi nla bayad nman dw… san q b pde habulin e2? last contri feb. til nw aug wla na nsundan.. help nman po

  • Alex L. Licup

    Dear Atty. Biron,

    Good day.

    Our company applied for contribution payment condonation last year this year we miss funding one (1) Post Dated Check (PDC) that we issue to SSS.

    What will happen to our condonation contract?

    We have not yet received notice from SSS about the check that bounce.

    Hope to receive your reply.

    Thank you.

    Alex

    • Atty. James Biron

      Dear Mr. Licup,

      Good day too! Please post your question at the Forum Section of this website. I will answer your question once I see it posted there.

  • Ria

    I only have 34 month contribution then I resigned and was about to transfer in a government type of work can I still continue my contributions(under what member category and how?) and can I still have the SSS loan and how? Thank you.

    • Atty. James Biron

      Please post your question at the Forum Section of this website. I will answer your question once I see it posted there.

  • Harry

    Hi Atty Biron,

    I stayed with a company for 5 yrs (2006-2011) last 2009 i applied for a salary loan and was granted. But the company never deducted payment from me since the approval of the said loan, until last feb of 2011 a letter was given to me stating that I was delinquent and I will be enrolled in a condonation program a period of 6 mos wherein I will be deducted every pay day, I fully agreed with the terms and conditions of the condonation program offerred as  stated on the program I will pay off all the remaining  loan balances and  interests incurred due to deliquency for 6mos. this period was supposed to be finished by nov 2011. The company was consistently deducting payment from my salary on the said period of the program until nov as stated on the agreement. But when  I checked the SSS website it was still reflecting a balance of 3k+ ans was again tagged as a DELINQUENT PAYER. I tried to ask our compensation and benefits officer  and she told me that  “YES” the condonation was finished but the amount deducted from me was not enough to pay off my loan  balance, I asked them why and they where unable to give an answer. As far as I am concern,  after finishing the condonation program, I should have paid off all the balances. Can I file a complaint to the company for the errors they made? so that they can fix my delinquent status? 

  • Dan Albert Cortez

    hi Atty. Biron!
    I read your suggestions above and tried doing it.
    My previous company did not pay any of my sss contributions for the whole duration of my employment, even though I was being deducted from my salaries every month. I sought the assistance of SSS for this matter but was referred to our HR POC instead, so i tried contacting the said POC and was told to contact SSS. To make the long story short, I was made to run to and fro with the hopes of my company to pay my contributions.
    I also sought the assistance of DOLE about this and was referred to Public Attorney’s Office to file a Civil Case against the company.
    I’m a little bit frustrated on how these offices handle cases like this.
    Can you please enlighten me on how to handle such things and if there is a certain office that handles complaints like these?
    Thank you and more power!

  • Christianne Baluyot

    Good Day Atty. Biron

    Tanong ko lang po I dont know if Im out of thread however it’s still an sss issue. Kasi po nun 2007 ng S.Loan po ako sa sss amounting to P9,000 back then I have an impression that it was being deducted to my payroll. I transferred to a different company , then came typhhon Ondoy Since i had an impression that I was able to pay my dues I applied for a calamity loan, I was approved amounting to P12,000 however our HR team informed me that I need to pay the whole amount that I owe I was surprised. However the remaining P2,000 was provided to me as part of my calamity loan I accepted it knowing that it will be a lot easier to pay that kind of amount. after a year , in a different company I applied a salary loan again Im so Surprised and Shocked because it was denied because I had some dues to pay to SSS amounting to P12,000. Im so pissed off because i knew that it was paid already can you please advise me of what to do I have a strong feeling that somebody used my identity inside SSS or my previous company..; thanks and more power 

  • sorry pero nkkhiya man d po me expert s english ang ktanungan ko lng po ay ang pgbbyad n nririnig ko s iba n ang utang po s sss n slry loan at calamity loan ay puede n bayaran ang principal o capital loan sa mababang tubo kc po ang loan ko po ay 10 thousand first loan at calamity loan 5 thousand since 1996 d po ako nkaltasan sa slary ko s triple 8 garment at ng lumipat po me ng gjm garment d n rin me nkaltasan ng mgverify me halos kulang n po ng 100 thousand d ko n po kaya n byaran ng ganoong kalking halga pede ko po bng malaman kung ano ang dapat kong gawin kulang p rin po ako ng hulog s 120 months n contribution ko gusto ko pong ituloy yun pls help me po naman God Bless po

    • Atty. James Biron

      hi! huwag po kayo mahiya, ok lang kahit Tagalog ang iyong katanungan. pero paki post po ng tanong nyo sa forum hindi po dito sa comments section. doon ko po sasagutin ang tanong mo.

  • Meler

    Dear Atty Biron,
    Sir, I would like to ask if the RA 9903 still effect at this time.
    Thanks.

  • Jayson Enriquez

    Sa Makati Mga Agent ng SSS na susuulan! isang libo payag si i report ang mga employer lalu n sa bandang Washington LPL Building

  • Jayson Enriquez

    Sa Makati Mga Agent ng SSS na susuulan! isang libo payag si hindi  i report ang mga employer lalu n sa bandang Washington LPL Building

  • Jayson Enriquez

    Paki report naman po! Special sa mga Agency Abroad walang mga SSS ang mga empleyado

  • Jayson Enriquez

    Sir Admiral Overseas Employment Corporation wala pong mga SSS ang mga Empleyado At wala sa minimun rate ang empleyado Sir paki help naman po! siguro po kung kayo ang mag susumbong sa DOLE at SSS pakikingan nila kayo!!!!!! thanks and God bless

  • John Bunyan Ratnam

    Greetings Atty.!

    I’m John Bunyan Ratnam.

    I’ll go straight to the point, we need your services but we don’t have the means to pay for it. We came to you because you have very outstanding career regarding this kind of cases which I will elaborate.

    My former employer Telus Int’l Philippines and Harte-Hanks Manila. both BPO companies established here in the Philippines haven’t remitted my SSS contributions for the last 6 months of my tenure in the company. I’m not the only one who has this problem. In fact 1000+ employees of the former employees share this problem with me. We’re planning to sue both the companies but we don’t have the means to do it. We have solid evidence as well to prove that they didn’t remitted our SSS contributions for the last 6 months. We hope that you can help us. We have documents that we obtained from SSS that a particular period wasn’t paid for or remitted [July 2011 – December 2011]. I can send you screenshots and a certification from SSS regarding this issue. Please help. Thank you. God Bless!

    I remain,
    John Bunyan Ratnam
    Cellphone Number: +639173901574

  • Alfredo F. Panganiban Jr.

    Dear Atty. Biron
    Good day! my inquirer lang ako about sss loan ko kasi hindi pa din ako naaapprove sa loan ko. Eh binayaran na din ng company namin yun ksi isa ako sa nakasama for condonation program. ang sabi sa sss servicing branch nmin eh sa system daw ng head office nila kaya naghihintay pa din ako.
    Ano ang dapat at magandang hakbang pra dito/
    Salamat!
     
    Alfred

  • Alfredo F. Panganiban Jr.

    Sori INQUIRE po.
     

  • Kenneth Yu

    What can I do if our employer have been deducting SSS, Pagibig and philhealth from us since last December but they’re not contributing it to them. In short, they are using the name of those government agencies to get money from our salary. Is there anything we can do about it?

  • hello. i just want to ask kung anung pwendeng mangyari sa isang company na hindi naghuhulog ng benifits namin like SSS, PAG-IBIG and PHILHEALTH. Nung nag check ako online in my SSS there are only 28 contribution. but I am working in this company for about 6 years. In my computation, contribution should be 70. PEro always naman clang nagdeduct sa payslip namin.

    Please advise kung anu pong pd namin gawin.

  • Joanna

    Hi Sir, My mother is already 56 she’s not a member of SSS so can i still apply her as member even she’s; 56yrs old already

  • jon

    hello, ask ko lang po kung paano malalaman  kung company namin under ng condonation? kasi sinsabi nila na under kami pero until now ndi pa rin kami makpag loan at ung previous loan namin ndi pa rin bayad. please help, thanks in advance!

  • sir good day im just asking what im going to do regarding sa remittanceng sss ko at pag ibig kasi updated po mag kaltas pero di nmn sila nagreremit sa sss at pag ibig .

  • anne

    hello po.
    im anne, ask ko lng po kung pwede ba kami mag complain sa sss. kasi po hindi hinuhulugan ng agency namin ang sss namin,,na end of contract nalng po lahat na taong hawak nila, up to now wala pa rin hulog ang sss namin..anu po ba ang dapat naming gawin, 
    thanks.
     anne

  • mike

    hi, I would like know what would be the best measure that I need to do with my previous employer. because they did not contributed my SSS contribution I have been employed with them from 2009 to 2011 and I have still my old payslips showing that I have had monthly deduction of my SSS. however just today hope of planning of applying for a Salary loan, I was shocked and in raged to know that I have only 16 contribution which as a matter of fact that I have been working for almost four years now. and based on the SSS summary that only three of my employers including my current one, religiously contributing my SSS to where it should be. but not my previous employer that I had been for almost two and half years.
    Is there any way that I can get back to them and demand what I had worked for   for two years with them. and if not is there any way that I can file a case against them for their injustice.
    hoping for an immediate answer about this concern.
    thank you and more power to you Atty. Biron
    from: Michael of Paranaque   
      

  • ELAINE

    I dialed your contact numbers 2213536; 2217751 Loc 107 but no one could assist my concern about contributions because Ms. Agnes is not on duty today. Anyway, my concern is my previous employer was an agency named AMB Staffing Services, Inc. located its main office in Mandaue City and branch office in Davao City. AMB Staffing Services, Inc. hired me last February 8, 2013 and ended March 31, 2013 because of the benefits not properly contributed. Then we transferred another agency named Starboard Manpower Services, Inc. last April 1, 2013 until present.

    When I checked via online my SSS Contributions, I’ve found out that there were no contributions on February 2013 and March 2013 but it should be indicated there because I have completely passed the requirements upon my employment.
    Can you please help me to solve this? Because the AMB agency keep on reasoning that I was belong to my co employees who still have invalid numbers in their SSS.
    Do I have to wait for my co-employees to correct their invalid numbers?
    May I know what you can do to them or May you help me to suggest what to do so that the AMB agency will accomplish my needs as soon as possible?

    The manager of Starboard Manpower Services, Inc. told me personally that our previous agency/ employer did not turn over the benefits of the employees to them.

    My SSS ID # is 09-3341565-2.
    please reply asap or call me at 0942-5910-364.

  • Thelma

    question nagbabayad po ako ng condonation- pero sa ngayon buwan na to – madedelay lang ng ilang araw yung pagbabayad imbes na October 10 dapat ang payment ko- mababayaran ko ng Oct 14 2013. may magiging problema ba sa record ko. thanks…

  • Andrea

    Hi Atty,

    Can I ask what if I submitted my maternity documents on time. Then it’s been two months I already reported back to work. I have been making follow up when they are issuing my claim for my maternity benefit and yet they said there’s a shortage of staffing so I need to bear with them. It’s kind of frustrating. Is it normal? Or can I complain this?

    • Atty. James Biron

      Hi Andrea, this is not normal, they should be able to find someone to handle concerns such as yours. You may want to talk to the manager of the branch you go to and talk or complain to him/her and ask for assistance as well.

  • seph

    atty kung wala na po tlg akong balak bayaran ang utang ko sa sss. ano pong makukuha kong penalty? much appreciatted if youll reply! thanks

  • Richel Ciabo

    Dear atty Biron,
    Good day.
    This is the scenario of my problem regarding SSS loan Condanation:
    1. I worked in a private company where we applied SSS Loan Condonation for our employees and i am the in-charge on the deduction and remitance.
    2. Right now, the program is finished already.
    3. I have a problem on one of our employees, in the reports i submitted to sss, i wrongly encoded his loan type and loan date of the specific payment.
    4. When i went to SSS office, they told me to check the unpostable portion. But i did not see his name there. And when i checked his loan, payment is not also reflected.

    What will i do? Hope you could help me. Thank you.

  • madelaine castro

    good day atty. what case can i file against my employer po? ginigipit po nila aq kase may previous complaint po ako against them sa dole, the issue po is i applied for a salary loan sa sss pero ung company po namin ayaw po i verify yung application ko.. more thyan twice na po aq nag re apply ayaw po talaga i verify ng employer ko.. pls help. thanks

  • Hi!
    Greetings. My condonation for my sss loan was finished last year. When can I apply for the salary loan again?
    Thanks.

    Myrna Teresa

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