Signey V SSS
Signey V SSS
Signey V SSS
Facts:
Rodolfo Signey, Sr., a member of the SSS, died on 21 May 2001. In his member’s records, he
had designated Yolanda Signey (petitioner) as primary beneficiary and his four children with her
as secondary beneficiaries. On 6 July 2001, petitioner filed a claim for death benefits with the
SSS. She revealed in her SSS claim that the deceased had a common-law wife, Gina Servano
(Gina), with whom he had two minor children namey, Ginalyn Servano (Ginalyn), born on 13
April 1996, and Rodelyn Signey (Rodelyn), born on 20 April 2000. Petitioner’s declaration was
confirmed when Gina herself filed a claim for the same death benefits on 13 July 2001 in which
she also declared that both she and petitioner were common-law wives of the deceased and
that Editha Espinosa (Editha) was the legal wife. In addition, in October 2001, Editha also filed
an application for death benefits with the SSS stating that she was the legal wife of the
deceased.
SSS however only recognizes Ginalyn and Rodelyn as the beneficiaries. Aggrieved, the
petitioners filed with the SSC which was denied by the same. The petitioners then filed with the
CA who also denied the petition.
Issue:
WON has a superior legal right over the SSS benefits as against the illegitimate minor children
of the deceased.
Ruling:
their absence, the dependent parents who shall be the secondary beneficiaries of the
member. In the absence of all of the foregoing, any other person designated by the
member as his/her secondary beneficiary.
SEC. 13. Death Benefits. — Upon the death of a member who has paid at least thirty-six
(36) monthly contributions prior to the semester of death, his primary beneficiaries shall
be entitled to the monthly pension: Provided, That if he has no primary beneficiaries, his
secondary beneficiaries shall be entitled to a lump sum benefit equivalent to thirty-six
(36) times the monthly pension. If he has not paid the required thirty-six (36) monthly
contributions, his primary or secondary beneficiaries shall be entitled to a lump sum
benefit equivalent to the monthly pension times the number of monthly contributions paid
to the SSS or twelve (12) times the monthly pension, whichever is higher. (Emphasis
supplied).”
Since petitioner is disqualified to be a beneficiary and because the deceased has no legitimate
child, it follows that the dependent illegitimate minor children of the deceased shall be entitled to
the death benefits as primary beneficiaries. The SSS Law is clear that for a minor child to qualify
as a "dependent," the only requirements are that he/she must be below 21 years of age, not
married nor gainfully employed. In this case, the minor illegitimate children Ginalyn and Rodelyn
were born on 13 April 1996 and 20 April 2000, respectively. Had the legitimate child of the
deceased and Editha survived and qualified as a dependent under the SSS Law, Ginalyn and
Rodelyn would have been entitled to a share equivalent to only 50% of the share of the said
legitimate child. Since the legitimate child of the deceased predeceased him, Ginalyn and
Rodelyn, as the only qualified primary beneficiaries of the deceased, are entitled to 100% of the
benefits.
Disposition:
WHEREFORE, the petition is DENIED. The Decision of the Court of Appeals is AFFIRMED.
Cost against petitioner.