RTC Quezon City, Pasay City convict four employers for non-remittance of SSS contributions

Four (4) employers were convicted for non-remittance of SSS contributions of their employees in violation of Section 28(e) of Republic Act 8282 or the Social Security Act of 1997. The convicted employers were sentenced to a minimum of one (1) year to a maximum of twelve (12) years in prison with a total collectible amount of P1,493,296.26 consisting of contribution delinquency, penalty and fine.

The four (4) convicted employers were Niovis Shipping Co. S.A, Ocean View Ship Mgt. Ltd., Don Paulo Transport Services and Yuki Aqua-Culture Corporation. The decisions were promulgated by the Regional Trial Court (RTC)-Quezon City Branch 101, RTC- Quezon City Branch 96 and RTC-Pasay City Branch 118.

“Aside from imprisonment, the owners of the delinquent companies will also pay penalties at three percent monthly for unremitted contributions of their employees starting from the month of delinquency until fully paid,” said SSS Senior Vice President and Chief Legal Counsel Voltaire P. Agas.

In the decision rendered by RTC-Quezon City Branch 101, Peter Toudjis II, owner of Niovis Shipping Co. S.A, was sentenced to six years and one day imprisonment and directed to pay a fine of P5,000. Niovis Shipping has a civil liability amounting to P80,342 for unremitted contributions and a penalty of P243,780.64 as of August 2, 2008.

Aside from Niovis Shipping Co. S.A, Mr. Toudjis also owns Ocean View Ship Mgt. Ltd., which has unremitted contributions in the amount of P342,072 and penalty of P51,812.39 as of July 6, 2008. He was again sentenced by RTC-Quezon City Branch 101 to serve six (6) years and one (1) day imprisonment and a fine of P5,000.

On the other hand, RTC Quezon City Branch 96 convicted Paulo Roman Galicia, owner of Don Paulo Transport Services, to one (1) year imprisonment. This employer has the highest amount of unremitted contributions of P379,574 and penalty of P281,739.69 as of September 2007.

Yuki Aqua-Culture Corporation owner Lezenie P. Tomori, was ordered by RTC-Pasay City Branch 118 to pay a fine of P10,000 and to serve imprisonment of six (6) years and one (1) day as minimum to 12 years as maximum. Tomori also has to pay penalty on delinquency amounting to P93,975.04.

From December 2014 to May 2015 alone, five (5) employers have already been convicted for non-compliance to the SS Law. Fred Ventura, operations manager of Guardsman Security Agency, was convicted in December 2014 and was sentenced to a maximum of twenty (20) years in prison.

“We understand the predicament of SSS members on non-remittance of contributions that is why SSS is intensifying its campaign against delinquent employers. We want full employer compliance to ensure that employees can enjoy SSS benefits,” Agas added.

The SSS is reminding employers to remit their employees’ contributions to avoid facing charges for violation of SS Law. SSS is also calling its members to regularly check their SSS accounts and to report any irregularity so SSS could take immediate action.

The filing of cases against the four convicted employers were handled by Atty. Leonila D. De Jesus, OIC for SSS NCR West Cluster Legal; Atty. Daniel E. Gutierrez of the SSS NCR North Cluster Legal; and Atty. Stella Berna V. Inacay OIC for SSS NCR South Cluster Legal respectively.

SSS gives free legal assistance to all employee-members who wish to file a case against employers who do not remit SSS contributions and payments.