In its Comment, Social Security System averred that not only are the payments made by Bombo Radio an indication of Racasa's employment with it, but Bombo Radio's station manager also reported Racasa as its employee effective March 16, 1989. On May 17, 2006, Bombo Radio filed a Manifestation claiming that all contributions during the period Racasa was engaged as independent contractor-or from July 1989 to September 1999-were paid, and that it is not liable before and after this period. Pursuant to the Social Security Commission's directive, the parties filed their respective position papers.
Thus, Racasa had no cause of action against it. Bombo Radio further claimed that the remittances were paid by Racasa's drama director or supervisor as an accommodation, and not an obligation. Further, his work was by specific piecework or per project basis only and dependent upon the completion of a particular drama series. As drama talent, Racasa was allegedly an independent contractor involved in drama production under the control and supervision of a drama director and/or supervisor. īombo Radio denied its duty to remit the contributions, and alleged that Racasa was not an employee required to fill-out daily time records, but a "drama talent" in its DYMF Bombo Radyo Cebu. However, the order of default was set aside when Bombo Radio filed a Position Paper on July 7, 2005, which the Commission treated as its Answer. īombo Radio was declared in default for failure to file its answer within the reglementary period. In its Answer in Intervention, the Social Security System stated that: (1) Bombo Radio is a "registered employer-member" of the Social Security System since May 1961 (2) in May 1990, Bombo Radio has declared Racasa to Social Security System as an employee since July 1989 and (3) a total of 108 monthly contributions were remitted for Racasa from July 1989 to September 1999, except for the periods complained of. He alleged that despite being a regular employee, Bombo Radio failed to remit Social Security contributions in his behalf for the following months: March to June 1989 January to March 1990 July to September 1990 January to March 1992 January to March 1994 July to September 1996 and October to November 1999. When he failed to avail of his retirement benefits, Racasa filed a petition for remittance of unpaid Social Security contributions before the Social Security Commission. Racasa (Racasa) as a talent, writer, and director. The Court of Appeals deleted the Social Security Commission's award of damages for lack of factual basis.įrom March 1989 to November 1999, People's Broadcasting Service, Inc., also known as Bombo Radio Phils., NBN (Bombo Radio), hired Florentino A. Damages under Section 24(b) of the Social Security Act of 1997 become due to the Social Security System when the employer: (1) misrepresents the true date of employment of the employee member or (2) remits to the Social Security System contributions which are less than those required in this Act or (3) fails to remit any contribution due prior to the date of contingency, resulting in a reduction of benefits.įor this Court's resolution is a Petition for Review on Certiorari under Rule 45 of the Rules of Court assailing the JanuDecision and NovemResolution of the Court of Appeals, which affirmed with modification the AugResolution of the Social Security Commission.
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