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SSS Vs Aguas
SSS Vs Aguas
would not have ipso facto made her not dependent for support upon Pablo and negate the
presumption that, as the surviving spouse, she is entitled to support from her husband.
SSS assailed the CA decision in the Supreme Court. SSS invokes Section 8 of Republic Act No.
1161, as amended by Presidential Decree No. 735, which defines a dependent spouse as "the
legitimate spouse dependent for support upon the employee." According to SSS, Rosanna
forfeited her right to be supported by Pablo when she married Romeo dela Peña during her
marriage to Pablo. Such act constitutes abandonment, which divested her of the right to receive
support from her husband. As for Janet and Jeylnn, SSS maintains that they are not entitled to
the pension because, based on the evidence on record, they are not the legitimate children of
Pablo.
ISSUE:
Whether or not Rosanna, Jeylnn and Janet are entitled to the SSS death benefits accruing from
the death of Pablo
RULING:
Beneficiaries entitled to death benefits under the law
At the time of Pablo's death, the prevailing law was Republic Act No. 1161, as amended by
Presidential Decree No. 735. Section 13 of the law enumerates those who are entitled to death
benefits:
Sec.13. Death benefits. - Effective July 1, 1975, upon the covered employee's death, (a)
his primary beneficiaries shall be entitled to the basic monthly pension, and his dependents to
the dependent's pension: Provided, That he has paid at least thirty-six monthly contributions
prior to the semester of death: Provided, further, That if the foregoing condition is not satisfied,
or if he has no primary beneficiaries, his secondary beneficiaries shall be entitled to a lump sum
benefit equivalent to thirty times the basic monthly pension.
Section 8(k) and (e), in turn, defines dependents and primary beneficiaries of an SSS member
as follows:
Dependent. - The legitimate, legitimated, or legally adopted child who is unmarried, not
gainfully employed, and not over twenty-one years of age provided that he is congenitally
incapacitated and incapable of self-support physically or mentally; the legitimate spouse
dependent for support upon the employee; and the legitimate parents wholly dependent upon
the covered employee for regular support.
Beneficiaries. - The dependent spouse until he remarries and dependent children, who
shall be the primary beneficiaries. In their absence, the dependent parents and, subject to the
restrictions imposed on dependent children, the legitimate descendants and illegitimate children
who shall be the secondary beneficiaries. In the absence of any of the foregoing, any other
person designated by the covered employee as secondary beneficiary.
It
bears stressing that under Article 164 of the Family Code, children conceived or born during
the marriage of the parents are legitimate.
Jeylnn’s claim is justified by the photocopy of her birth certificate which bears the signature of
Pablo. Petitioner was able to authenticate the certification from the Civil Registry showing that
she was born on October 29, 1991. The records show that Rosanna and Pablo were married on
Cabitac, Juan Reino C. Jr. Social Security System Law
Social Legislation / 2C RA 1161
Case Digest SSS vs. Aguas
December 4, 1977 and the marriage subsisted until the latter’s death on December 8, 1996. It is
therefore evident that Jeylnn was born during Rosanna and Pablo’s marriage.
The presumption that Jeylnn is a legitimate child is buttressed by her birth certificate bearing
Pablo’s signature, which was verified from his specimen signature on file with petitioner. A birth
certificate signed by the father is a competent evidence of paternity.
For Rosanna, to qualify as a primary beneficiary, she must establish 2 qualifying factors: (1) that
she is the legitimate spouse, and (2) that she is dependent upon the member for support.
A wife who is already separated de facto from her husband cannot be said to be "dependent for
support" upon the husband, absent any showing to the contrary. If it is proved that they
were still living together at the time of his death, it is presumed that she was dependent on the
husband for support, unless it is shown that she is capable of providing for herself.
Only Jeylnn is entitled to the SSS death benefits as it was established that she is his legitimate
child. Records show that Janet was merely "adopted" by the spouses, but there are no legal
papers to prove it. Rosanna was the legitimate wife of Pablo, she is likewise not qualified as a
primary beneficiary since she failed to present any proof to show that at the time of his death,
she was still dependent on him for support even if they were already living separately.
Legitimacy cannot be extended to other siblings.
DISPOSITION:
The petition is partially granted. The Decision and Resolution of the Court of Appeals
are affirmed with modification. Only Jeylnn H. Aguas is declared entitled to the SSS death
benefits accruing from the death of Pablo Aguas.