Spa owner charged for "violation" of social security law

CEBU, Philippines - A spa operator was charged in court for violation of the Social Security Act because of her alleged refusal to submit the employment and the Social Security System records of her employees despite repeated demands.

The Cebu City Prosecutor’s Office has indicted Sandra Smits, proprietress of Sawadee Spa, for violation of Section 28 of the Republic Act 8282.

SSS cluster legal unit officer-in-charge Glenito Dumaboc filed the criminal complaint against Smits following her failure to submit the records of her employees as required under section 24(d) of the SSS Law.

SSS account officer Viviana Canque reported that sometime in March 2008, she required the accused to submit the records of her employees. But Smits allegedly failed to submit any until now.

Smits claimed good faith in her failure to comply with the required submission of the records, claiming that she retained the services of a consultancy firm to keep the records of her personnel.

She said that when the inspection was conducted, she was not around and her staff failed to disclose about the business consultancy firm.

According to Smits, she has forwarded the demand to the consultancy firm and assumed that her consultant acted on it.

However, assistant city prosecutor Rodulph Joseph Val Carillo dismissed Smits’ defense, citing that the violation was committed against a special law which is considered “mala prohibita.”

This means that a violation against special laws in good faith is not a recognized defense.

“As long as the acts prohibited in the law have been voluntarily committed a violation of the law has occurred,” Carillo’s resolution read.

Carillo has recommended P24,000 bail for Smits temporary liberty. — Fred P. Languido/LPM(FREEMAN NEWS)