A tale of two wives: Who is entitled to SSS benefits?

The Supreme Court, once again, has upheld the sanctity and inviolability of marriage as an institution in our legal system. In a decision promulgated by the highest court of the land on 15 April 2015, the Supreme Court held that the first wife and her children should be the ones who are the rightful beneficiaries for the death benefits of a deceased SSS member, even if they have not filed any claim for such benefits. This was in the case of the Social Security System/Social Commission versus E A Azote, ( GR 209741).

The records of the case indicate that the late Edgardo A was married to Rosemarie in the early 1980's. The couple had a child Elmer. Edgardo then submitted to the SSS the standard Form E-4, naming Rosemarie and Elmer as his beneficiaries. Without the marriage having been annulled, Edgardo later entered into another marriage, with Edna and they had six children. Edna was in good faith as she did not know about Edgardo's prior marriage. Edgardo also submitted to the SSS a new SSS form E-4   naming Edna and the six children as beneficiaries.

Edgardo died on 13 January 2005. On March 2007, Edna filed on March 2007. Rosemarie and Elmer did not file any claim at all. It seems that mother and son were already having a very comfortable life and was apparently interested in any benefits arising from the death of Edgardo. However, the SSS denied the claim filed by Edna and insisted that it should be Rosemarie and Elmer who should get the benefits, and not Edna and her six children. The SSS cited Republic Act 8282, amending RA 1161, in relation to the Family Code and the Civil Code of the Philippines.

Edna appealed to the Court of Appeals which reversed the decision of the SSS and ordered that the benefits be awarded to Edna and her children. The Supreme Court however reversed the Court of Appeals and upheld the SSS decision. The Court said that under Sections 8, paragraph (e) and (k), only the legal spouse is entitled to the death benefits arising from the death of her husband. This is true even if the late husband has been living with another woman at the time of his death. This is also true even if the legal wife did not file any claim and did not object to the claim of the other woman.

The Court stressed that there was a valid marriage between Edgardo and Rosemarie and he acknowledged the same when he submitted the first form E-4 naming Rosemarie and Elmer as beneficiaries. Under article 41 of the Family Code, it is clear that the second marriage was null and void from the very beginning. The Supreme Court said that, although the SSS has no power to declare nullity of marriage, it is the System's duty to make sure that the death benefits should be given to the rightful beneficiaries. This was in line with the precedent in SSC vs Favila, GR 170195, 28 Mar 2011, 646 SCRA, 462.

We can only commiserate with the children of the second wife. It was not their fault that all these problems and complications could come about. What matters most in this case is that the highest court of the land has remained faithful to the fundamental importance of upholding the sanctity of marriage. For it is an inviolable legal and social institution which society cherishes and protects.