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10/12/2017 SSS vs Azote Case Digest - Philippine Laws and Jurisprudence

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SSS vs Azote
Case Digest GR 209741 April 15, 2015  2016 - 2015
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 2014 - 2013

In 1994, Edgardo submitted his SSS Form E-4 with his wife Edna Search
and their children as beneficiaries.  When he died in 2005, Edna
tried to claim the death benefits as the wife of a deceased member
but it was denied.  It appears from the SSS records that Edgardo
had another set of SSS Form E-4 in 1982 where his  former wife
Rosemarie and their child were designated as beneficiaries.  Edna
did not know that Edgardo was previously married to another
woman.  She then filed for a petition before the SSS, and notice was Creative Commons
sent to Rosemarie but she made no answer.  The SSC dismissed
Edna’s petition because the SSS Form E-4 designating Rosemarie
and her child was not revoked by Edgardo, and that she was still
Licensed under Creative
presumed to be the legal wife as Edna could not proved that
Commons Attribution-
Edgardo’s previous marriage was annulled or divorced.
NonCommercial 4.0
International License.
Issue:  W/N Edna is entitled to the SSS benefits as the wife of a
deceased member Email Address
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10/12/2017 SSS vs Azote Case Digest - Philippine Laws and Jurisprudence

No.  The law in force at the time of Edgardo’s death was RA 8282.
 Applying Section 8(e) and (k) thereof, only the legal spouse of the
deceased-member is qualified to be the beneficiary of the latter’s
SS benefits. Here, there is a concrete proof that Edgardo contracted
an earlier marriage with another individual as evidenced by their
marriage contract.

Since the second marriage of Edgardo with Edna was celebrated

when the Family Code was already in force. Edna, pursuant to Art
41 of the Family Code, failed to establish that there was no
impediment or that the impediment was already removed at the time
of the celebration of her marriage to Edgardo.  Edna could not
adduce evidence to prove that the earlier marriage of Edgardo was
either annulled or dissolved or whether there was a declaration of
Rosemarie’s presumptive death before her marriage to Edgardo.
What is apparent is that Edna was the second wife of Edgardo.
Considering that Edna was not able to show that she was the legal
spouse of a deceased-member, she would not qualify under the law
to be the beneficiary of the death benefits of Edgardo.

Although the SSC is not intrinsically empowered to determine the

validity of marriages, it is required by Section 4(b) (7) of R.A. No.
828229 to examine available statistical and economic data to
ensure that the benefits fall into the rightful beneficiaries.  ##

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GR 209741 SSS vs 2012 Mercantile GR 21698700

Azote, Apr 15 2015 Law (Essay) Grace Poe vs
(Civil Law) 01/25/2016 COMELEC, Mar 8
03/23/2016 In "Bar Questions 2016 (Political)
In "Philippine and Answers" 03/27/2016
Jurisprudence" In "Philippine

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10/12/2017 SSS vs Azote Case Digest - Philippine Laws and Jurisprudence

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