SSS v. AGUAS
G.R. No. 165546 February 27, 2006.
CALLEJO, SR., J.
FACTS:
Ø Pablo
Aguas, a member and pensioner of the SSS died.
Ø Pablo’s
surviving spouse, Rosanna H. Aguas, filed a claim with the SSS for death
benefits on indicating in her claim that Pablo was survived by his minor child,
Jeylnn
Ø Her
claim for monthly pension was settled.
Ø SSS
received a sworn from Leticia Aguas-Macapinlac, Pablo’s sister, contesting
Rosanna’s claim for death benefits. She alleged that Rosanna abandoned the
family abode approximately more than 6 years before, and lived with another man
on whom she has been dependent for support. She further averred that Pablo had
no legal children with Rosanna.
Ø The
SSC ruled that Rosanna was no longer qualified as primary beneficiary.
Ø CA
reversed the SSC deicision and favored the respondents.
ISSUE:
W/N
Rosanna, Jeylnn and Janet are entitled to the SSS death benefits accruing from
the death of Pablo
HELD:
Petition is PARTIALLY GRANTED.
Ø It
bears stressing that under Article 164 of the Family Code, children conceived
or born during the marriage of the parents are legitimate.
Ø 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
also show that Rosanna and Pablo were married on 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.
Ø Impugning
the legitimacy of a child is a strictly personal right of the husband or, in
exceptional cases, his heirs. In this case, there is no showing that Pablo
challenged the legitimacy of Jeylnn during his lifetime.
Ø 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.
Ø 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.
Ø 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 the were till
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.
Ø 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. NOTE: Legitimacy cannot be extended to other siblings.
