Consuegra V GSIS G
Consuegra V GSIS G
And in the absence of any beneficiarynamed in the life insurance policy, the proceeds of
the insurance will go to the estate of the insured.
Retirement insurance is primarily intended for the benefit of the employee, to provide for
his old age, or incapacity, after rendering service in the government for a required
number of years. If the employee reaches the age of retirement, he gets the retirement
benefits even to the exclusion of the beneficiary or beneficiaries named in
his application for retirement insurance. The beneficiary of the retirement insurance can
only claim the proceeds of the retirement insurance if the employee dies before
retirement. If the employee failed or overlooked to state the beneficiary of his retirement
insurance, the retirement benefits will accrue to his estate and will be given to his legal
heirs in accordance with law, as in the case of a life insurance if no beneficiary is named
in the insurance policy.
GSIS had correctly acted when it ruled that the proceeds should be divided equally
between his first living wife and his second. The lower court has correctly applied the
ruling of this Court in the case of Lao v Dee.
Gomez vs. Lipana- in construing the rights of two women who were married to the same
man, held "that since the defendant's first marriage has not been dissolved or declared
void the conjugal partnership established by that marriage has not ceased. Nor has the
first wife lost or relinquished her status as putative heir of her husband under the new
Civil Code, entitled to share in his estate upon his death should she survive him.
Consequently, whether as conjugal partner in a still subsisting marriage or as such
putative heir she has an interest in the husband's share in the property here in dispute....
With respect to the right of the second wife, although the second marriage can be
presumed to be void ab initio as it was celebrated while the first marriage was still
subsisting, still there is need for judicial declaration of such nullity. And inasmuch as
the conjugal partnership formed by the second marriage was dissolved before judicial
declaration of its nullity, "the only lust and equitable solution in this case would be to
recognize the right of the second wife to her share of one-halfin the property acquired by
her and her husband and consider the other half as pertaining to the conjugal partnership
of the first marriage."