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Atty. James S. Biron
18th July 2010, 12:10 AM
Dear readers, if you have questions regarding the SSS Condonation Law and the loan amnesty programs of SSS on salary, calamity, emergency, stock investment, and privatization fund loans, post them here, and I will answer your questions as soon as possible. Thanks.

atingalamin101
22nd July 2010, 05:22 AM
Dear Atty. Biron,

I just registered with SEC January 2010 as a new company. Last March, I hired new employees under probationary status. I have not deducted any witholding tax, sss, philhealth, and HDMF from them since the company is still in the process of completing our memberships under those agencies. I have received feedback that we have an employee who is planning to take legal action against us for not being able to remit these government mandated benefits. I guess it is also worth noting that this employee is already due to be terminated by August for not meeting the standards set on the probationary status agreement and poor schedule adherence.

What is the most appropriate remedy to be undertaken by my company to prevent any legal repercussions and to address the potential threat to be posed by this employee?

Thank you for taking the time to address my inquiry.

Best regards,

SLP

Atty. James S. Biron
23rd July 2010, 12:18 AM
Dear SLP,

You should have made the necessary deductions and remitted these contributions to the concerned agencies without waiting for the outcome of your application. Under the SSS law, the effective date of coverage starts from the first day of your operation and the employee on the first day of his/her employment. The Philhealth and the HDMF are both silent as to the effective date of coverage but the presumption is that both shall also have an effective date of coverage with respect to an employee on the first day of his/her employment. Violation of these laws necessarily entail their accompanying penalties.

Considering that your employee is merely contemplating of filing a case against you and that no case has yet been filed, I suggest that you make the necessary deductions as well as remit these to the concerned agencies immediately. Don't wait for this disgruntled employee to file a case against you. The deductions as well as the remittances made are your main evidence to show your compliance with the requirements of the law.

Best,
James

atingalamin101
23rd July 2010, 01:37 AM
Thank you for the prompt response Atty Biron. If our company has no SSS number yet, how can we remit the necessary fees to the concerning government agencies? Can we simply give the employee the amounts to be remitted as part of his compensation with a note that the said employee can just remit as a voluntary member while the company's application is still pending? The employee's last day is tomorrow due to termination btw.

Atty. James S. Biron
23rd July 2010, 10:30 PM
The application for SSS employer's number will only take you one day to finish. You should return to SSS and follow up the status of your application.

You cannot do what you are planning to do because at the time when you were supposed to remit the contributions, that person is still your employee. For this reason, you should not make it appear that the said employee is a voluntary member.

aaronxed
30th July 2010, 07:18 PM
Good afternoon Atty. Biron, do you have an update on short-term loan condonation. Last June, I made an inquiry in SSS regarding the matter, i saw some reply from sss that usually sss make a program on condonation on the month of july. hope they will make another program for this. Thanks a lot!

Atty. James S. Biron
2nd August 2010, 06:50 PM
Good afternoon! SSS already released a new circular on loan condonation last month. However, I don't have a copy of that Circular yet and neither does their website have a copy of this new Circular. You may inquire directly at SSS to know more about this.

aaronxed
4th August 2010, 04:50 PM
Good afternoon! SSS already released a new circular on loan condonation last month. However, I don't have a copy of that Circular yet and neither does their website have a copy of this new Circular. You may inquire directly at SSS to know more about this.

Thanks Atty. Biron, it is a big help to us. My friends has been waiting for it. I will drop by at ss branch were we pay our contributions. Your really an angel in disguise! Thanks God for giving us somebody who will help us in matter like this.:)

Atty. James S. Biron
4th August 2010, 05:03 PM
Thanks Atty. Biron, it is a big help to us. My friends has been waiting for it. I will drop by at ss branch were we pay our contributions. Your really an angel in disguise! Thanks God for giving us somebody who will help us in matter like this.:)

Thank you for the kind words. It was my pleasure to help you :)

teng106
9th August 2010, 05:07 PM
Hi Attorney,
I desperately need your help in enlightening me about my SSS loan. I previously applied for a salary loan payable in 2 years with my previous employer last Feb 2008. I left the company March of 2010 with the assumption that my loan is already paid in full. I just found out that my loan balance was not fully paid and thus, i am delinquent in SSS. So i gathered my payslips and found out that there were skipping months when my employer did not deduct the premium. It may have been my fault not checking my payslips every month but i was under the impression that my employer should have regularly deducted the premiums every month. My question is, can i file a complaint against my employer for not regularly deducting me on the required premiums of the loan? I find it not fair for employers to miss this on employee's behalf when they were supposed to.
Please advise.

Atty. James S. Biron
10th August 2010, 12:45 AM
Hi teng,

Yes you may do so. This is in accordance with Sec. 28 (e) of the the Social Security Law, which provides that:

"(e) Whoever fails or refuses to comply with the provisions of this Act or with the rules and regulations promulgated by the Commission, shall be punished by a fine of not less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00), or imprisonment for not less than six (6) years and one (1) day nor more than twelve (12) years or both, at the discretion of the court: xxx"

teng106
10th August 2010, 05:39 AM
Hi Attorney,
Thank you so much for this information! I would like to thank you as well for having this website as it is really helpful for everyone! Good job! You're a great help!
Lastly, can you tell me where i can find a public attorney to help me with this?

Thanks so much!

teng106
10th August 2010, 06:10 AM
Hi Attorney,
Apologies for these consecutive threads - i would just like to ask if attorney's fees will be at my expense if i file this or can this be on top of the maximum 20k fine? I am only seeking for them to pay for my SS loan and interests and clearance of my delinquent status with no other expenses (attorney's fees etc.) thereof.



Thanks again and Godbless!

Atty. James S. Biron
12th August 2010, 08:24 AM
Hi Attorney,
Thank you so much for this information! I would like to thank you as well for having this website as it is really helpful for everyone! Good job! You're a great help!
Lastly, can you tell me where i can find a public attorney to help me with this?

Thanks so much!

You're welcome! :) You can find a Public Attorney's Office (PAO) where you can request for the services of a public attorney in most court buildings/hall of justice/bulwagan ng katarungan.

Atty. James S. Biron
12th August 2010, 08:32 AM
Hi Attorney,
Apologies for these consecutive threads - i would just like to ask if attorney's fees will be at my expense if i file this or can this be on top of the maximum 20k fine? I am only seeking for them to pay for my SS loan and interests and clearance of my delinquent status with no other expenses (attorney's fees etc.) thereof.



Thanks again and Godbless!

If you avail of the services of a PAO lawyer, you will not be required to pay attorney's fees because his/her services are free of charge. Moreover, after a successful suit, your adversary/opponent shall be required by the Court to pay attorney's fees. This fee however shall no be given to you but shall go to the National Treasury.

topits
13th August 2010, 09:40 AM
Dear readers, if you have questions regarding the SSS Condonation Law and the loan amnesty programs of SSS on salary, calamity, emergency, stock investment, and privatization fund loans, post them here, and I will answer your questions as soon as possible. Thanks.
good am atty.,
I visited sss site just recently and what I saw is this, " You are eligible for loan condonation, You may now submit application together with payment form in any sss branch near you".I'm trying to recall the directive of ss commisioner over channel 7 sometime ago and it seems to me that retrenched employees who have loan obligations can file application anytime convinient to them, correct me if i'm mistaken atty.

thanks,
topits

Atty. James S. Biron
15th August 2010, 04:28 PM
good afternoon topits,

There is no directive to that effect. But as you have mentioned, there is an on going loan condonation program. I suggest that you submit your application before the program ends.

cheers,
james

noobonthejob
26th August 2010, 03:05 AM
Good morning Sir,

I have been employed on a per-project basis since March 2010, with my contract twice renewed already. The company I am working for has been deducting from our salary the following: withholding taxes, PHIC, SSS and PAG-IBIG every payday, but they are not making the necessary contributions. I recently discovered that my employer has not paid my PHIC dues since I began working for the company (it's just a small company, 50 employees tops). So I decided to "investigate" further and was told they have not been paying all employees' SSS contributions since last year.

Regarding the PHIC dues, they haven't remitted since 2009 for the entire year, and some employees (excluding myself) have contributions only for the first quarter of 2010. A company officer said they have paid the PHIC dues since 2009 but they haven't had the RF1 signed yet. I thought this was BS since they have to pay every month/quarter and it has to be signed/received accordingly. I have not approached any admin officer since I have to get the facts first. I also suspect that they may be remiss in paying our PAG-IBIG dues (I do not know how to inquire for this), and maybe even our taxes (or they may pay a smaller amount to the BIR compared to what they deduct from our pay).

I am afraid to be a 'delinquent' payor and I know this could be a potential problem should I transfer jobs or get hospitalized. Please advice on how should I go about this since I honestly do not know how to deal with this kind of problem (I just graduated and this is my first job).

Thank you for whatever help/advise you can give.

MJLAGASCA
27th August 2010, 08:05 AM
Hi sir, I paid my credit balance last Nov 2009 for my salary loan on 1997, I avail the Loan Condonation Program. I just want to know when can I apply for a 2nd salary loan? is it true that it will take 2 yrs after paying with the condonation? I have 75 contributions as of June 2010. thank you..

CASTOY
27th August 2010, 12:11 PM
Hi Po Attorney,

Im a single proprietor and have a 2 existing employees, my wife and my brother. My business name was registered last Feb 2009. I was failed to registered at SSS. What are the penalties and how much, for late registration at SSS.

Please advice.

Thank you very much.

Best rgds
Castoy

Atty. James S. Biron
27th August 2010, 11:26 PM
@MJLAGASCA

The loan may be renewed after the prescribed amortization period of two (2) years.

You need not wait for another 2 years after paying through the condonation program in order to avail of a second salary loan. This is simply because you have already paid your loan. Thus, as long as you're done amortizing or paying your loan, you can already request for a renewal.

@CASTOY

I have already answered your question, I moved it to a new thread that's why you may not have noticed it. Here is the link to your query and my answer: http://www.jamesbiron.com/forum/showthread.php?15-Penalty-for-Failure-to-Register-with-the-SSS

MJLAGASCA
28th August 2010, 08:30 AM
Thank you so much for the quick response Atty. Biron. You're a big help, God Bless you!

misharo
30th August 2010, 02:49 PM
Good Afternoon, Atty. Biron! I want to know if SSS will still have a condonation program this year? Is the new law for condonation only for employers? I still have an existing calamity loan and planning on applying for a salary loan. Am I still qualified for this? Thanks.

Atty. James S. Biron
31st August 2010, 11:07 PM
@MJLAGASCA

You're welcome! Thank you for visiting this forum!

@misharo

There is an ongoing loan condonation program which you may avail of. There is no "new law" for condonation because the last one already ended. The other condonation programs are not strictly called condonation "laws" because these are mere circulars.

You cannot apply for a salary loan if you have an existing calamity loan. You have to settle that first.

Atty. James S. Biron
31st August 2010, 11:13 PM
Hi noob,

Sorry for the late reply, i overlooked your query. If you have basis to say that your employer does not remit all these contributions, you may complain this anomaly at the concerned agencies such as SSS etc. Proceed to their office and report these inactions.

misharo
19th September 2010, 10:24 AM
Thank you! I will visit SSS to inquire more on this.

rose
20th September 2010, 09:57 AM
Dear Atty,

repost lang po.

I've been to SSS-Diliman yesterday gusto ko po sana i-inquire yung sa sss salary loan condonation program kung meron pa para po ma-apply ko yung dati kong sss loan sa previous employer ko na patuloy ang pag-lobo ng interest, malaking bagay na rin sana kung matatanggal ang interest at penalty at yung principal amount nlang potalaga ang kailangan kong bayaran , pero sabi nila wla daw pong individual loan condonation program ang meron po ay yung sa employer which is remittance lang ang pwedeng icondone at hindi ang loan ng mga empleyado, atty. can u enlighten me po kc me nabasa ako sa isang reply nyo dito na magkakaroon ulit ng loan condonation para sa mga delinquent na gaya ko, meron po ba at paano po ang processo nito? thanks po - rose =)

Atty. James S. Biron
20th September 2010, 04:19 PM
Dear Rose, please read my reply here: http://www.jamesbiron.com/forum/showthread.php?27-SSS-Retirement-and-Pension-Deducting-Penalties-to-unpaid-loans&p=128#post128

ednasalaria
28th September 2010, 07:21 PM
Dear Atty. Biron

I heard about SSS loan condonation. And through online query I was noted that I am entitled to avail for it so I went to our nearest SSS branch. I have salary loan of P24,000.00 way back Feb. 2006. but was not able to pay any single dues of my monthly amortization up to this time. That’s why last June 15, 2010 upon verification, I was informed that my total outstanding loan already reached P34,691.77. But SSS personnel informed me that the period for condonation ended already last Dec. 2009.

Can you please help me for other possible options wherein I can pay my outstanding salary loan less all the penalties. Hope you may help me to settle my obligation, as I don’t have anymore stable job like before. It will be greatly appreciated.


Yours truly,

Edna Salaria

Atty. James S. Biron
3rd October 2010, 09:39 AM
Dear Ms. Salaria,

Only more than a week (24 June 2010) after your visit to SSS (15 June 2010), the SSS issued Circular No. 2010-05 which provides for the guidelines for the condonation of penalties for unremitted or delinquent loan amortizations of employees by employers due on or before 01 April 2010. This circular allows you to report to your current employer your delinquent loans so that your employer will avail of this condonation program for you.

joi
22nd October 2010, 07:10 PM
Hi! Atty. Biron,

Employed po ako sa isang agency, regular po silang nag deduct for sss, philhealth, pag-ibig, pero nung nag check po ako online marami pong months ang walang hulog sa akin sa SSS. And they only told us na naka condonation daw po. In that case, Delinquent po ako in terms of loan. Aside from this nag file po ako sa kanila ng maternity and they signed my Mat-1 last Feb 2010 to file at SSS branch office but they still don't sign sa MAT-2. Paano po nila ito ma process? And paano rin po ako makakapag loan?

Hope mabigyan ninyo po ako ng linaw regarding this.

Thank you po and God Bless.


Regards po,
joi

Atty. James S. Biron
22nd October 2010, 11:23 PM
Hi Joi,

Is this your 5th delivery? If this is so, you will be disqualified from availing of maternity benefits.

You can only obtain a loan if you are updated in your contributions, but since you are not, you have to remind your employer that they must remit your contributions. The condonation law is not an excuse to their non-remittance of your contributions.

artelauria
14th November 2010, 11:43 PM
Hi Atty Biron,
I have 2 questions. One is that I applied for a salary loan in 1979 and then went to work abroad and now (2010) I found out that my 170 pesos loan did materialize and someone, not me, got the money. How will this unpaid loan affect the pension that I will apply for 2 years from now? Second question is,is there a way that I could make my soon to be pension bigger? Right now as an OFW, my monthly contribution is P1,550.00. Thank you and more power to you.

Atty. James S. Biron
18th November 2010, 11:38 AM
Hi Mr Artelauria,

a. You have to prove that it was not you who received the loan you applied for, if you cannot do so then this loan will be deducted from the pension you are entitled to receive.

b. As an OFW, you are characterized as a voluntary member, for this reason you can increase your contributions in order that the pension which you will receive in the future will also be increased.

melnie132408
28th November 2010, 05:29 PM
Good Day Atty. Biron.It has been a year ago when i tried to submit a member's data amendment form to SSS to change my status from single to married. Unfortunately, the supporting documents (marriage certificate and child's births certificate) that i tried to submit were being rejected due to some discrepancies with the last name. Our last name is JOQUIñO. My daughter's last name was correctly spelled in her birth certificate but in our marriage certificate it was spelled as JOQUINO. My company is continuously remitting my monthly contributions for almost 2 years now, but were not being posted because of that. hope you can help me with this. Thanks and more power.

Atty. James S. Biron
4th December 2010, 09:20 PM
Good day melnie, you may file a petition for correction of marriage certificate entry due to clerical/typographical error at the local civil registry office of the city or municipality where the record sought to be corrected is kept.

rcube
8th January 2011, 12:02 AM
I've got a loan last 1994 and apparently I did not know that when I transferred in 1997 my loan in SSS were not yet paid. I have applied for a loan now and found out that I still owe SSS in the amount of 2000.00 plus charges which is around 5k plus. I asked my employer about it and they told me that I still owe SSS 10k plus because there is a monthly penalty charge of 500.00 apart from the interest charges. How true is this? Now I asked my employer to apply for a condonation , am I still eligible? I am dissapointed for the 500 monthly charges. thinking its my own money i am loaning for. Also, I am migrating to the united states, can i get all my contributions in SSS and Pag-Ibig? Possible ba ito? Thanks for the advise.

Atty. James S. Biron
11th January 2011, 10:26 AM
Under the Social Security Resolution No. 669 dated 10 December 2003, there will be a penalty of 1% per month and a minimal 10% interest charge per annum on the value of your loan, to wit:

INTEREST AND PENALTY
1. THE LOAN SHALL BE CHARGED A NOMINAL INTEREST OF 10% PER ANNUM. FIRST YEAR’S INTEREST SHALL BE DEDUCTED IN ADVANCE FROM THE
PROCEEDS OF THE LOAN. SECOND YEAR’S INTEREST SHALL BE INCLUDED IN THE MONTHLY AMORTIZATIONS.
2. LOAN AMORTIZATION NOT REMITTED ON DUE DATE SHALL BEAR A PENALTY OF 1% PER MONTH.

Applying these rates, you can already compute the total value of your obligation with the SSS (inclusive of the penalty and interest charges). As you can see, the amount of penalty depends on the value of your loan and the duration that this loan is outstanding. If you don't like to compute this on your own, you may call and inquire directly with SSS to verify the claim of your employer regarding the value of the penalty.

There is an ongoing condonation program right now which started last January 3 and will end in June. You can read the report here from the ABS CBN website: http://www.abs-cbnnews.com/business/12/26/10/sss-condone-penalties

The SSS law does not allow the withdrawal of contributions on that basis but the Pag-Ibig law specifically allows such situation (see Sec. 8 of R.A. 9679)

aaronxed
28th January 2011, 03:34 PM
Good afternoon Atty. Biro, it's been a long time since my last inquiry on short term loan condonation, the last time i inquire at the sss pasay branch, i was advised that there were no condonation for employees that was october 2010 i think. pls. advise if you have any update on the said matter. this is a big help to others that has the same problem, unpaid loan for a long. Thanks Atty. A blessed and prosperous new year to you! Thanks a lot!God bless!

mac060507
16th May 2011, 12:35 PM
Good afternoon Atty. Biron. I would just like to know if you have any idea why when I tried checking via SSS online inquiry if I am eligible for a condonation program it shows *** Member not qualified to avail the Loan Condonation Program! ***. Is there anything I can do for me to avail of the condonation program? Please advise and thank you in advance. God Bless.

Atty. James S. Biron
20th May 2011, 06:01 PM
Hello Mac, the only way to solve this problem is to get hold of a copy of the latest SSS Condonation program document. Take a look at the portion/section of the document which defines or limits those who are eligible to apply for the program. If you see that you are actually qualified according to the provision of the Condonation Program, then go to SSS and inform them about this issue and ask for the necessary correction.

mac060507
23rd May 2011, 10:33 AM
I will follow your advice Atty. James and will post here what happen so it could help other members who would want to avail of the condonation program. Thank you once again. More power. :)

dolores e. sison
25th May 2011, 12:23 PM
Dear Atty. James,
My husband Arnulfo C. Sison, 62 yrs old, applied an early retirement due to poor health last Dec. 1999 but unfortunately his last employer( University of Cebu) failed to deduct his salary loan from SSS amounting to P12,000.Last June 2007 he was cured & work again in a small internet cafe and continue his membership contribution but his salary loan balance remain unpaid. At present his salary loans is almost P 40,000 including penalties & interest. Can we apply that condonation program w/c will end on June 30? Pls. help!

iahr
1st July 2011, 12:19 PM
Hi Atty James, gusto ko lang po sana itanong kung ano pong pwedeng gawin ng mga employees na gustong sanang iavail ang condonation kaso hindi nman inavail ng kasalukuyang nilang employer. Nakipagugnayan naman po kami sa employer kaso binigyan kami ng sagot 2 days before before the deadline (june28,2011) na hindi naman po pala nia igrab ang condonation. We're disappointed kasi we've waited for it kasi wiling nman kami kasi malaking amount din ang mababawas sa penalty namin. Can you give us an advise with this. Kasi kung matagal pa magkakaroon ng individual condonation, tatakbo lang uli ang penalty and interest. Pwede din bang kami na mismo ang maghulog directly sa sss kung magkanong amount lang ang kaya muna namin para bumaba lang ang lumobo ng amount dahil sa penalty? Thanks and more power po.

Atty. James S. Biron
5th July 2011, 08:16 PM
Dear Ms Sison, sorry I only noticed your query today. My reply would be immaterial considering that the condonation program already expired as you stated. Apologies.

Atty. James S. Biron
5th July 2011, 08:31 PM
Hi iahr, generally once a condonation program has expired your employer will no longer be entitled to avail of this privilege. But the problem arises when an employer refuses to avail of this program, as in your case. What you may do is to talk to the SSS official concerned and discuss with him your situation and intention to pay directly to SSS. Of course there is no assurance that your request will be granted. Nevertheless, you could try this, maybe your plea will be granted.

Jessie
11th July 2011, 10:51 PM
Good day Atty Biron,

This is with regard to the SSS Condonation Program for employer that came out late last year. I had an unpaid salary loan with my previous company April of 2007 and they were not able to deduct any payment from me because when I got my salary loan, I was just tendering my 30 days because I already resigned. *When I transferred to my new company I informed them of my salary loan with SSS but I also did not get any deductions because it was not attended to, so it remained unpaid.

Now, with SSS Condonation Program for employer I was advised by my new employer to settle the full amount of 21,691.78 as of Oct 2010. I was not able to settle it in full because I have other obligations to pay for and this is a large amount of money. I informed my company that I am going to pay it but not in full and that I will be the one to pay directly to SSS. They were forcing me to pay it in full because they were telling me that the company will be tagged as delinquent if I will not pay.

Last July 7, our HR Business Partner is forcing me to sign a waiver indicating that they will deduct an amount of P4, 000 from my salary. I did not sign the waiver. Come our salary day, July 8, I noticed that they have already deducted the said amount of P4, 000 from my salary. I was told by our HR Business Partner that whether I sign or not sign the waiver, they will automatically deduct that amount. They were telling me that they have the right/authority to deduct the amount because under the terms and conditions of SSS loan as stated:

IN CASE THE MEMBER-BORROWER IS SEPARATED VOLUNTARILY, (E.G. RETIREMENT OR RESIGNATION) OR INVOLUNTARILY, (E.G. TERMINATION OF
EMPLOYMENT OR CESSATION OF OPERATIONS OF THE COMPANY), THE EMPLOYER SHALL BE REQUIRED TO DEDUCT THE TOTAL BALANCE OF THE LOAN FROM ANY BENEFIT(S) DUE TO THE EMPLOYEE AND SHALL REMIT THE SAME IN FULL TO SSS.
*
I just would like to ask your legal advice if the deductions done on my salary is right.
*
*
Thank you very much.
*
*
Respectfully yours,
*
Jessie

Atty. James S. Biron
13th July 2011, 11:16 PM
Good day Jessie,

Your employer is correct in the sense that it has the right to deduct the sum of money BUT the reason they cited was wrong. Based on your story it does not seem that you have been separated voluntarily or involuntarily from your new employer. Thus the reason that should have been used was that under the Terms and Conditions of the SSS Member Loan Application, they have the following duties and obligations:

4. The employer shall be responsible for the collection and remittance to the SSS of the amortization(s) due on the member-borrower's salary loan through payroll deduction.
xxx
6. The new employer shall continue the deduction and shall be accountable for remittance to the SSS.

Jessie
14th July 2011, 12:51 AM
Hi Atty Biron,

Thank you for your response. So this means that they have the right to deduct it from my salaray, even if I did not sign the waiver at sapilitan po ang nangyari? Also, they already have a computed amount kung magkano po ang ibabawas nila sa salary ko. Pwede naman pong pag usapan yun kung sa magkanong halaga ko kayang magbayad monthly. Masyado pong malaki yung binawas nila sa akin.

Thank you!


Jessie

Atty. James S. Biron
3rd August 2011, 11:31 PM
Hi Jessie,

The answer is yes to your first question. But as to your suggestion that "pwedeng pag usapan," you should check whether the computation is right, that's the most that you can do. They are obligated under the law to deduct from your salary. This means that if what they are deducting is in accordance with the law, then you can not ask for a compromise with your employer.

etc2011
27th August 2011, 03:44 PM
Hi Atty James! Good day! I like your website, it answers many different questions.

I have an inquiry whereby a friend of mine previously was a shareholder of a company. He was included in the SEC registered shareholder. His company was not able to remit the employee's contributions and now the SSS is sending them demand letter for the payment. The company is now dissolved/closed. He is not in good terms with the other shareholders. He is willing to settle his share of the problem directly with the SSS. Can he do that? Say if SSS is requiring the company to pay 500k as penalties & unpaid premiums, and there are 5 named shareholders of the company, can he just pay 100K as his share and his name will be cleared on the SSS?

Thank you and more power!

leilabutiu
2nd September 2011, 08:18 PM
hello everyone,

I just have a question about my salary loan, i have my loan approved and issued a check amounting to 13,349.83 i started paying October 2008 up to December 15, 2008 and temporarily stopped because i moved from another company and then started paying again September of 2009 and I think this month was the last day of my payment, when computed the total amount of payment i made the total is 18047.15, am i not over payed? or the additional 3,047.15 are interest for not paying almost 8.5 months because i was unemployed for the meantime. because when i started paying again it was counted as first payment again as per my current employer because i just submitted the same voucher, please help me, i just wanna really understand so i can apply for another loan. thank you in advance.

Atty. James S. Biron
6th September 2011, 11:25 PM
Hi etc2011! Good day too! Thank you for liking my website. The personal property of a corporate officer or a shareholder for that matter is different from the property of the corporation. Your friend is not required to pay the debts of the corporation with his/her own money. So there's no point in going to the SSS and paying for employees claims. What he/she should do is to inform the trustee of the corporation to settle this obligation using the funds of the corporation (assuming there are still remaining funds).

Atty. James S. Biron
6th September 2011, 11:30 PM
leilabutui, interest as well as penalties are computed for your loan since you failed to pay on time, this could explain the "excess" payment. what you should do is to go to SSS and inquire about the P3,047.15 payment above your original loan. they have the records of your loan, so they are in the best position to help you with your query.

duckie
8th September 2011, 06:19 PM
I just want to seek an advise regarding po sa SSS loan ng mother ko since 1980's. She had a calamity loan of less than 10K and as to this date she didn't settle the said loan. And now that she's 60 years old and claiming her lumpsum retirement benefit to SSS, she was advise that the total lumpsum payment as per SSS computation was almost 43,000+++ but the unpaid loan and penalties totalled to almost 49,000+++. Bali lumalabas po na wala makukuha ang mother ko na lumpsum at may dapat pa siya bayaran.
Puwede pa po ba mag apply ang mother ko ng SSS loan condonation request? Kasi po may nabasa po ako na pwede po i-waive yung penalty para po ang babayaran na lang or idededuct sa lumpsum ay iyong remaining unpaid loan plus interest of loan? Hindi ko nga lang po alam if hanggang kelan yung deadline ng SSS program ng Loan condonation. Ano po ba ang dapat naming gawin para po kahit papaano ay malaki pa po ang matira sa makukuha ng mother ko sa SSS.

thank you

Atty. James S. Biron
1st October 2011, 04:30 PM
Duckie, makaka apply lang po kayo noon kung mayroong condonation program. Kaya pumunta po kayo sa SSS at mag tanong kung merong on-going na condonation program para sa delinquent loans.

superboink
5th November 2011, 11:44 PM
hi attorney... i would like to check with you po.... kasi po may loan ako sa SSS tapos lumipat ako ng company at 1 payment palang ang napost since lumipat ako... its my fault kasi hindi ko binigay ung voucher sa new company... its going to be my 24th month na since i loaned the money from SSS this coming december 2011.... pano po ba un? i mean, gusto ko kasi sha bayaran in full... is that possible? or would you advise / recommend i submit my voucher to my company and hayaan nalang na ideduct sa sueldo ko ung payment?.... salamat po in advance, i can see a lot of people benefits sa forums nio po dito... thanks again... :)

Atty. James S. Biron
14th November 2011, 11:28 PM
hi superboink, yes, submit it to your company and let it deduct from your salary. You are obliged to report to the new employer your obligations with SSS and shall allow the new employer to deduct from your salary the corresponding amortizations due, plus any penalty for late remittance of amortizations.

tushie
10th January 2012, 06:10 PM
I recently found out that my employer did not deduct the remaining salary loan balance when I was retrenched. Now, the "loan period" is over, and I still have thousands of principal and penalties to pay. I read about the condonation program, but I am unable to pay the loan in full (despite the condoned amount), and I find it "too long" to pay for the balance for another period of three years (if in installment). Can I just pay the principal / interest / penalty in chunks (e.g. blocks of 3K per month) until I clear the balance? Or is my option really just the condonation program?

medette ramos
11th January 2012, 12:40 PM
hi! atty. james,

ask ko lang kasi yung mama ko me utang sa sss. supposedly bayad na sya kaso di pala nireremit ng secretary nila. ngayon hirap na mabayaran kasi di na nagwowork yung mama ko..from 8000 na principal 17,000 na. nakakapaghulog sya minsan kaso di tuloy tuloy... nung 2009 ata naka avail sya ng condonation kaso di nya nabayaran ng buo. maaavail ba nya yung condonatin program this 2012 kung inde sya employed at active member? thanks in advance

araceltenorio
22nd January 2012, 03:41 PM
Good day po Atty.
Ask ko la ng po yung sa sss salary loan ko. nakapag loan po kasi ako nung Sept. 2011. 1st hulog ko po nung Nov. 2011.. Ngaun po magsasara pansamantala ang company po na pinapasukan ko. bbgyan po nila kmi ng separation pay sa separation pay ko po ikakaltas ng buo sapilitan ang salary loan ko.Ang pakiusap ko po sa company wag nlang ikaltas kasi kakaloan ko lang... ang tanong ko lang po, pwede po ba wag kaltasin sa separation ko ang loan ko at ano po ang maaari kong sabihin sa HR Manager namin? Thanks po Atty.

Atty. James S. Biron
23rd January 2012, 06:23 PM
Tushie, SSS can accommodate your plan, just make a special request with them.

Atty. James S. Biron
23rd January 2012, 06:29 PM
Aracel, don't allow them to deduct the balance from your separation pay. what you can do is to report this balance to your next employer and the latter should be the one to deduct your monthly amortization from your salary.

Atty. James S. Biron
23rd January 2012, 06:33 PM
Medette, let's wait until a loan condonation program is issued by SSS. Only then can I answer your question.

araceltenorio
23rd January 2012, 07:40 PM
thank you so much po.
atyy. another question po, ung friend ko po nagwowork cia as janitress under agency. nasa 2yrs na po sila nag wowork. last May 2011 nlaman po nila na wala po hulog ang sss nila..yung ibang kasama nila nasa 4 or 5 palang daw yung hulog. tapos ngayon po mula ng may isang empleyado na nag reklamo sa sss isa isa na silang tinatanggal ng agency nila. hindi lang po sss nila walang hulog. pag ibig at philhealth nila wala din pong hulog kaya ng mag kasakit ang anak nya wala po cia mkuhang tulong sa philhealth. ano po ba ang dapat nilang gawin?

rmbarcelo
24th January 2012, 10:14 AM
Good day attorney.

This is my very first time to be employed and I have yet to secure my SSS, Philhealth and PAG-IBIG numbers. When I looked into my pay slips, I noticed that I am already being deducted. Where do these contributions go? Will this amounts still reflect on my contributions should I be able to complete/secure my SSS, PH and PAG-IBIG numbers on the months they were deducted?

chinky_alexi
3rd February 2012, 06:33 PM
good day Atty. just want to some clarification regarding the SSS loan condonation program. i have salary loan in 2008 but have stopped paying it after a year when i move to another company. i then again start paying my amortization thru my present employer w/c started in december 2010. it was middle of 2011 when our company received a letter from SSS office regarding this program & list of employees who are said to be "delinquent" and my name was on the list even if i'm already paying my monthly amortization. our company avail of the condonation program via installment procedure. per my inquiry to sss online, my loan was restructured again to 24 months & condonation payment is recorded upon clearing of checks issued by the company. does this mean that i can only avail of my next loan after the 24 months again?

Atty. James S. Biron
4th February 2012, 11:46 PM
Aracel, dapat gawin po dyan ay i-report na yan sa mga nasabing ahensiya.

Atty. James S. Biron
4th February 2012, 11:48 PM
Good day too rmbarcelo,

I could not answer that question, only your employer knows the answer. So it's better that you ask them where that deduction is going. Inform them too once you have obtained your SSS, PhilHealth and Pag-ibig numbers.

Atty. James S. Biron
4th February 2012, 11:51 PM
Good day too Chinky_alexi, since your loan was restructured so that you have to pay for 24 months then only after the extinguishment of that loan can you apply for a new loan. As you know, you cannot get a loan once you have a pending loan with the agency.

tahoma
10th February 2012, 03:39 PM
Hi Atty James,

I already resigned last year from my previous employer, but the SSS contributions being deducted were not paid from my salary, I verified it via SSS online. I also have a loan granted last November 2010. The monthly deduction for my loan based from my payslip started January 2011. When I verified also via online, no single payments were done, but they deducted it from my bi-monthly salary. When I asked, they said that the company is under the condonation program around 2010 and has an approval by SSS. And they have PDCs submitted until 2013.

I am now self-employed. How should I start from this to continue my contributions? How should I get back those supposedly paid contributions deducted from me but were not submitted to SSS?

Thank you,
Homie

Atty. James S. Biron
20th February 2012, 03:55 PM
Hi Homie,

Coordinate with SSS and inform them about your situation particularly the condonation program which was availed by your employer. About the continuation of your contributions, what you could do is to pay it directly with SSS or with any of its authorized banks.

Karen
8th March 2012, 07:23 PM
Hi,

My husband has a salary loan late 2007 and he left the company 2008. He was not able to update his current employer of his existing loan and he has not paid any of his dues since he resigned last 2008. He wanted to pay it off now but I wanted to know if he is eligible for loan condonation program. How can he avail of it? Can he directly go to SSS and submit a form requesting to condone or he has to go through their HR? Thanks!

amores
12th March 2012, 05:00 AM
Hi Attorney,
I have a question regarding my SSS loan. I already resigned from my previous employer even though I still have a remaining balance sa SSS loan ko. I thought my employer should be the one to deduct the remaining amount from my back pay, pero when I ask them hindi daw nila responsibility yun. I checked from SSS website at nakalagay nga doon na dapat sila ang mag deduct sa remaining balance. May plano po ako na mag change into Voluntary Coverage kasi wala pa po akong work ngayon. Ano po ang gagawin ko? Ano po ang mangyayari sa remaining balance ko sa SSS?

Thank you very much, attorney.

sekhencebu
10th April 2012, 05:15 PM
Dear Atty James, If I will pay the remaining amount of my overdue loan under the amnesty program, when can I re-loan again? thanks in advance...

sekhencebu
10th April 2012, 05:19 PM
Dear Atty Biron,

If I will pay the remaining amount of overdue loan under amnesty program, when can I re-loan again? Thanks.....

cadiro
3rd May 2012, 11:23 AM
Hi Atty... I availed the condonation program last June 2011 thru my employer and paid the full amount of my loan balance last November 2011. Can I renew my salary loan? In other sss condonation program threads, they say that once you have paid your full loan balance thru a condonation program, you must wait for 2-3 more years to renew a loan. Pls clarify...Thanks alot.

Atty. James S. Biron
12th May 2012, 09:41 PM
Hi Karen, check first with SSS if they have an existing condonation program for unpaid loans. If there is, follow the procedures indicated therein on how to avail of that program.

Atty. James S. Biron
12th May 2012, 09:43 PM
Hi Amores, you are correct, your previous employer should have deducted that. It is their responsibility to deduct and remit your loan payments. Now if you want to change to Voluntary Coverage then you will be the one who will pay your loan obligation directly.

Atty. James S. Biron
12th May 2012, 09:44 PM
Hi Sekhencebu, you can apply for another loan after two/three years after you have completed the payment of your principal loan.

Atty. James S. Biron
12th May 2012, 09:58 PM
Hi Cadiro, yes, there is a two/three years of waiting before one can re-apply for a loan. This is the tradeoff for accepting the condonation of the penalties and interests.

jashfranco
19th June 2012, 01:42 PM
Good Day Atty,

Is there a way to cancel or terminate the loan condonation program? I am willing to pay the full balance including the penalties instead, I really need to renew my loan and I just think it is not fair that we have to wait for another 2/3 years to renew our loan.

Thanks!

jerome9237
5th August 2012, 03:53 AM
Hello Atty.

May I ask for assistance or advice about my 2011 condonation which was fully paid as of Dec 2011. However sss online shows there is still a balance. I have been going back and forth with sss and my employer. the problem is I'm in Cebu and the condonation agreement was coursed through our Manila Head office. I work for a BPO company. Everytime I raise my concern to our HR they would reply via e-mail that sss is currently updating their website, but just recently Im surprised to see a P 29,000. plus that posted online. which was not a payment I made. but still there is a balance on my account but when I go to sss Cebu, they wouldnt allow me to pay it off because of the contract made in Manila. Nobody seems to know anything. I think the company I work for has done something wrong due to the fact that they paid another 29k without me knowing it. I think theyre trying to cover up their mistake however it's gotten really complicated. And everytime I go to the HR and ask. the response I have been getting since Jan. 2012 up to now August 2012, that it's going to be fixed the 1st of next month. What can I do to get this resolved?

Atty. James S. Biron
20th August 2012, 11:20 AM
Good day Jashfranco, just wait for the program to end.

Atty. James S. Biron
20th August 2012, 11:23 AM
Hello Jerome, I suggest you go to SSS there in Cebu and request for an appointment with the head of their Legal Department. Explain your situation and the attorney there could help you with your problem.

bloody
30th October 2012, 05:56 PM
Atty. Biron, every year po ba may condonation sa SSS? pinagbabayad po kasi ako ng 22K dahil sa loan na 7.5K last 2004. Iniisip ko po kung meron po ulit next year na condonation, dun ko nlang po isesettle.

ace
17th April 2013, 12:50 AM
Dear readers, if you have questions regarding the SSS Condonation Law and the loan amnesty programs of SSS on salary, calamity, emergency, stock investment, and privatization fund loans, post them here, and I will answer your questions as soon as possible. Thanks.

Good day!

Hi atty> I just want to ask if SSS I can still request an adjustment regarding the condonation program that I accidentally applied last year though it was never my intention to apply this program. I paid total amount based on my Statement of Account and I told the SSS staff that I would like to correct the application I made regarding the condonation. The SSS staff told me they will adjust it but until now it appears that I applied it and the policy regarding the re-availment of loan will be next year due to the condonation I applied.

Is there a possibility to correct my status? Thank you...

ace
17th April 2013, 01:03 AM
Good day!

Atty James, I would like to ask if I can still request for an adjustment regarding the status of condonation. I didn't applied for a condonation last June 2012 and I paid the total amount as stated in my Statement of Account. But based on the current status it appears I applied for condonation and I can renew the loan after the 1 year policy. Is there a possibility to change the status of my account?

Thank you.

mhel
30th April 2013, 11:46 PM
Good day!

Atty. ask ko lng po, my employer did not deduct my SSS, PhilHealth, etc. sa payslip ko, the reason why, half month lng daw ako ngwork? I am willing to pay naman bsta ideduct nla all the benefits. One year working with them, 1st month january 17 date started as probationary, walang kaltas sa payplip ko, but im not trainee. Again, feb, july and sept, half month lang po kc ako ngwork kaya wala daw kaltas then again i resigned ths march, same no deduction at all. nakiusap po ako na ideduct nla lhat ng benefits and im willing to pay. What is the right thing to do po? pwd ko po b idemanda? Thank you.

dudskie37
1st October 2013, 11:25 PM
Last year 2012, I applied for Loan Condonation Program and it was granted. The terms of payment is one year. I was a good payor for the said Loan Condonation Program from October 2012 up to April 2013. But unfortunately, I was not able to pay from May 2013 up to August 2013 due to financial problem. Now, here are my questions:

1. I tried to apply for a salary loan through online but it is rejected due to this reason: "Member availed the Individual Loan Condonation Program, can renew loan after : 08-01-2016". Can this reason be removed to the SSS system since I am already disqualified for lack of payments of the said Loan Condonation Program? The reason for rejecting my salary loan application is pointless due to the fact I am already disqualified for it, is I am correct? I want to file for renewal salary loan since I already paid more than half of my previous salary loan.

2. I have paid my third quarter 2013 (July, August, September) contribution in SM Manila bayad center, but until now, it is not reflecting to my online SSS inquiry. How many months should it be reflected to the system when it comes to paying in bayad center?

3. I have failed to pay my second quarter 2013 contributions, is there a way such like retroactive payment?

dudskie37
2nd October 2013, 04:56 PM
Good day Jashfranco, just wait for the program to end.

Hi Attorney,

I have the same opinion with JashFranco. What do you mean to wait for the program to end? You mean we will wait for 3 years inorder for us to renew our loan. I am willing too to pay my balance in full so I can renew my loan. Is there a way to cancel my application?

Atty. James S. Biron
9th October 2013, 08:53 PM
Bloody, it's not guaranteed to be a yearly event.

Atty. James S. Biron
9th October 2013, 09:02 PM
Ace, there is a possibility, just go to the SSS and talk to them regarding your concern.

Atty. James S. Biron
9th October 2013, 09:04 PM
Mhel, yes, you may file a complaint with the said agencies.

Atty. James S. Biron
9th October 2013, 09:06 PM
Dudskie, go to SSS and tell them about your situation maybe they will grant your request. As for your online record, wait for few more months, they will update it eventually.