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RELEVANT OPINIONS ON RECENT ISSUES IN DDR

By: Atty. Glenito D. Domaboc

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TOPICS TO BE DISCUSSED:

1. Office Order No. 2010-025 (Dycaico Case)

2. SSS Employees who are members of SSSEA

3. SSS Employees who are self-employed members of SSS

4. Beneficiaries (Bite case)

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Dycaico Case

Facts:

1980 - Member filed RS-1; reported wife Elena and 8 children

1989 – Member retired

1997 – Member died but few months prior to his death, he married Elena

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Dycaico Case

Ruling:

Phrase “as of the date of retirement” is unconstitutional

Legal spouse at time of death; benefit to be given out is death benefit;

Equal protection clause; No valid classification; w/n married before or after both marriages are valid

Property interest protected by the due process clause of the Constitution

Effect: As if not written in Sec. 12-B

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Office Order No. 2010-025(Dycaico Application)

Spouse legally married to the retiree-pensioner at the time of death

If married after retirement, any of the following is present:

1.The spouses were living together without legal impediment

to marry each other prior to retirement; or

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Office Order No. 2010-025(Dycaico Application)

2. The surviving spouse reported as beneficiary prior to retirement of

member; or

3. A child was born during the existence of the marriage; or

4. Before marriage, a child was born during the time the spouses were living together as husband and wife without legal impediment to

marry each other; or 5. The marriage not contracted for any fraudulent purpose.

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SSS Employees who are members of SSSEA

Not employees of SSSEA, hence coverage is invalid

SSS Employees who are Self-employed members

Regular SSS employees

Check validity of membership

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SSC Case No 10-17273-06 (Bite case/Beneficiaries)

Facts:

Member’s E-1: Beneficiaries: Mother & brother Vicente

Member’s E-4: Dependents – Rico, Manuel Ian & Franco - childrenBeneficiaries: Jonathan Bite - son

Buensoceso Brabante – father

At Member’s death – no primary beneficiaries; parents are dead; Jonathan not real son – simulated birthVicente is alive

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Beneficiaries (Bite case)

Issue:Who is/are entitled to the death benefits?

Ruling of the SSC:

Reported dependents are considered legitimate beneficiaries (automatic conversion)

The children’s “designation as dependent sons in the Form E-4 will continue to protect their status as legitimate beneficiaries even upon reaching their majority age unless a clear intention to change/delete them has been effected by the member”.

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Beneficiaries (Bite case)

Ruling of the SSC:

Justifications

“ … true meaning and intent of the law, … to preserve and protect nearest of kin/relative in the law of succession.”

Civil Code, Art. 978– Order of succession; Art. 979 - Children or descendants Art. 985 – In absence, exclusively parents or ascendants

Vicente – not retained in the E-4

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Recent Opinions

 

1. Office Order No. 2010-025 (March 2, 2010) is applicable to a claim for survivorship pension previously denied by the SSC (June 4, 2003).

• As the voided part of Sec. 12-B (d) of the Social Security Act being deemed non-existent from the beginning, previous denial of the claim is consequently rendered without legal basis.

 2. Start of cohabitation/live-in relationship when one of the spouses has legal impediment to marry is of no moment (no effect) when such impediment ceases prior to retirement of member

•Circumstance No. 1 (Office Order)- The spouses were living together as husband and wife without legal impediment to marry each other prior to the retirement of the member.

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(note: Issue assailed in the Dycaico case is the proviso “as of date of his retirement” pertaining specifically to the marriages contracted after the date of contingency (retirement) of the member and not the presence of legal impediment at the time of member’s cohabitation. 3. A common-law relationship (cohabitation) will disqualify a surviving spouse from receiving pension; Live-in relationship with another shall be considered in the same footing as a surviving spouse who remarries (several ssc rulings)

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END OF PRESENTATION