SSS penalizing member for its and employer's faults

Following is a self-explanatory exchange between SSS member Leo Querubin and the bureaucracy. This is not an isolated case of the latter penalizing members for its and employers' faults. So beware. Condensed:

Mar. 30, 2020, 11:50:25 am.

To: Maria Rita Aguja <[email protected]>

Subject: Query on loan

I was informed by [name of present company] that I have an outstanding loan to SSS worth P60,639.74 for a salary loan of P15,000 which I allegedly availed of in May 2001.

I immediately visited SSS Makati on Mar. 13 but was informed by the guard it was closed for disinfection. I have been calling hotline 02-8896-7134 everyday expecting a skeleton crew but no answer. I decided to email you, in the SSS website the VP for NCR South.

My SSS number is [---] and loan account is [---]. In May 2001 I was still an employee of Sun Microsystems and I do not recall availing of a loan. If my memory is at fault and I did avail, there should have been movement in the payment of such loan since I stayed with that company more than a year after.

I hope you can get back to me for clarification.

_____

From: Maria Rita Aguja

Monday, 30 Mar. 2020, 11:54 a.m.

To: Reginald Collin Santos <[email protected]>

Cc: Jesusa Casimiro <[email protected]>; Olivia Tan <[email protected]>; Carmela Rosario Besonaya <[email protected]>

Fwd: Query on loan

Kindly evaluate & prepare reply to member.

_____

Mar 31, 2020

Sir Leo Querubin,

In reference to your inquiry on your salary loan dated May 15, 2001 of P15,000: Based on our loan program employer Sun Microsystems Phl Inc. certified your salary loan application where you were employed July 2000-Apr. 2002. Employer remitted and reported loan amortizations for your account from Nov. 05, 2001-Apr. 05, 2002 in the amount of P700 each month. There were 6 posted payments which total P4,200. This information is in line with your statement on your employment with Sun Microsystems until May 2002. Total payments:

Penalty P 0.73 (late payments); Interest P450; Principal P3,749.27; Total P4,200

Your outstanding balance to date:

Principal P11, 250.73 (15,000.00 - 3,749.27); Interest P12,487.50; Penalty P36,880.92; Total P60,619.15

Hope we clarified matters with you.

Reginald Collin P. Santos

Social Security Officer III, Team V, Loan Repayments

_____

Mar. 31

Dear Reginald,

It was my understanding then that the remaining balance of my salary loan was deducted from last pay when I left Sun Microsystems. When I transferred to Mapua, also in Makati, I never received any notice of any deductions from my SSS contribution.

Only on Mar. 12, 2020 did I receive notice that I had an outstanding balance, after being with [present company] since Nov. 2019.

If Sun Microsystems did not remit [deductions] for my loan, I am willing to pay the outstanding balance of P11,250.73 just to clear my record. But I think it would be unconscionable for SSS to charge me the interest of P12,487.50 and penalty of P36,880.92. At this time when we are all being fiscally prudent because of economic uncertainty, I am hoping SSS would be reasonable in dealing with members.

_____

Mar. 31, 2:58 p.m.

Dear Reginald,

I also noticed there were penalties (albeit a small amount of P 0.73) imposed for late payments. The P700 was deducted from my salary on a regular basis which means Sun Microsystems was deficient in paying SSS on time.

This lack of diligence on the part of Sun Microsystems adds to the credence that the company may have been remiss in remitting the full amount of my salary loan balance deducted from my last pay.

_____

Apr. 13

Dear Reginald,

Following up on this please.

_____

Apr. 13, 8:56 p.m.

Sir Leo Querubin,

Regarding your follow-up on your salary loan outstanding balance, may we advise you to please coordinate with your previous employer to assist you on processing your loans payment posting. If ever payment was made, they should attach copy of proof of payment and collection report so we can help them evaluate why it is still unposted.

_____

Apr. 14

Hi Reginald,

Regretfully Sun Microsystems Philippines has ceased to exist. What are my other options?

_____

Apr. 21

Sir Leo Querubin,

This is in connection to your query on payment option of salary loan. We only have one option on how you can settle this loan obligation, which is to pay the full amount of principal, accumulated interests and penalties. It can be made in full or in staggered payments. If staggered, penalty and interest will continue to accrue until full payment of the principal balance. Be aware that each payment will be applied in the following order of distribution: penalties, interests, then principal.Though there are announcements from time to time of Loan Restructuring Program/Condonation on Accumulated Penalties for Salary Loans, we have no definite period on when will be the next. It all depends to (sic) the declaration of the President of the Philippines. Thus, we cannot suggest you wait for the announcement due to accruals of penalties and interests.

_____

Apr. 21

Dear Reginald,

In this time of personal financial crisis all over the world, what you are saying is that there is no option for me but to pay for a loan that my previous employer did not remit? Why would you penalize me for that? Are you not supposed to protect the employees and not the employer?

Even the fees due to late payment of Sun Microsystems on the loan (which was deducted from my salary) was charged to me! As mentioned in an earlier email, this is also proof that Sun Microsystems was not stringent in remitting the payments to your agency. But of course, it is for me, the employee, to prove that my already non-existent former employer remitted the amount of my SSS salary loan taken in 2001. Can you not realize the absurdity of that?

And why also did your agency not inform me sooner? It is obvious that I relied on the assumption of regularity on the part of Sun Microsystems that they will remit the loan payment which was deducted from my last pay (it is a salary loan). I am sure you know that the SOP is that employer must deduct all salary loans from the last pay of the employee. I also relied on the assumption of regularity that when I transferred to Mapua, also in Makati, that your system will at least "see" that my previous employer has not remitted my loan nor that Mapua was not deducting the monthly amount from my SSS contributions. Why penalize me for the technical inefficiency of your agency?

It seems that you waited almost 19 years to inform me that my former employer did not remit the full payment of the salary loan and you now expect me to pay the penalties.

And while I was waiting for days for your response, and while your offices are closed, penalties are accruing? This is unbelievable. You are supposed to help us in these dire times and not act like the Mafia. This is so disappointing.

How do I pay for the full amount since, as you said, I do not have a choice? Is your office in Makati open?

_____

Apr. 22

Sir Leo Querubin,

In reply to your query on where to pay your salary loan outstanding balance: You may pay thru our accredited payment partners like Bayad Centers, SM payment Centers and Banks (use payment form ML-1 when transacting with banks).

_____

Apr. 22

Hi Reginald,

You have not answered the other questions in my email:

• Is it not SOP that employers deduct the full amount of salary loan from the last pay of employees who resign?

• Why penalize me for the deficiency of my previous employer that they did not remit the remaining balance of my loan to your agency?

• Since I assumed that my previous employer remitted the remaining balance of my loan as it was deducted from my previous salary, why did you inform me only after more than 18 years that my final payment was not remitted?

• I transferred to Mapua, also based in Makati, and my salary was also deducted for SSS contributions. Why did your system not "see" that the balance was not remitted by my previous employer? Why penalize me further for the technical inefficiency of your agency?

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