SC affirms SSS coverage of officers, ministers of religious groups in PH

Religious groups or organizations cannot invoke the constitutionally-mandated separation of Church and State or a person’s freedom of religion to exclude their officers or ministers from the coverage of the Social Security System provided an employer-employee relationship exists.

“Notably, the phrase expressly excluding religious organizations from the coverage of the SSS likewise does not appear in the pertinent SSS Law, i.e., R.A. No. 8282. Rather than the nature of an institution, coverage in the Social Security Law is predicated upon the existence of an employer-employee relationship,” it added.

On Jan. 30, 2006, SSS denied the request. The religious organization elevated the issue before the SSC which also denied it. Likewise, on appeal before the CA, the appellate court sustained the ruling of the SSC. The SSS, SSC and CA ruled that The Salvation Army’s officers are covered by the SSS law and are entitled to all its benefits since an employer-employee relationship exists.

“The Constitution delineates the boundaries between the two institutions in order to avoid encroachment by one against the other. Thus, the State is prohibited from meddling in the internal affairs of the Church. Likewise, it cannot favor a religion nor discriminate upon another. The Church, on the other hand, cannot interfere into purely secular matters.

“Rather than the nature of an institution, coverage in the Social Security Law is predicated upon the existence of an employer-employee relationship,” it stressed. “The Court finds that an employer-employee relationship exists between the petitioner and its ministers,” it said.“The exclusivity of engagement, and the control exerted by the petitioner over its ministers reinforce the conclusion that an employer-employee relationship exists between them.

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