LIM, ADELAIDE JOIE SOCLEG June 24, 2017

TITLE:

BERNARDINA P. BARTOLOME, Petitioner, vs.

SOCIAL SECURITY SYSTEM and SCANMAR MARITIME SERVICES, INC., Respondents.
G.R. No. 192531, November 12, 2014

FACTS:

John Colcol was employed as electrician by Scanmar Maritime Services, Inc. He was enrolled
under the government's Employees' Compensation Program. He died due to an accident occurred
on board the vessel whereby steel plates fell on him. John was, at the time of his death, childless
and unmarried.

Petitioner Bernardina P. Bartolome, Johns biological mother and, allegedly, sole remaining
beneficiary, filed a claim for death benefits under PD 626 with the Social Security System.
According to the evidence offered by the petitioner Cornelios death certificate, it appears that
Johns adoptive father died less than three (3) years since his adoption.

SSS denied the claim because according to SSS Bernardina is no longer considered as the parent
of John as he was legally adopted by Cornelio Cocol.

The denial was appealed to the Employees Compensation Commission (ECC), which affirmed
the ruling of the SSS. Petitioner filed a Motion for Reconsideration, which was likewise denied
by the ECC.

Hence, the instant petition which seeks to annul the Decision of the Employees Compensation
Commission declaring that petitioner is not a beneficiary of the deceased employee under
Presidential Decree No. (PD) 442, otherwise known as the Labor Code of the Philippines, as
amended by PD 626.

ISSUE:

Whether or not the biological parents of the covered, but legally adopted, employee considered
secondary beneficiaries and, thus, entitled, in appropriate cases, to receive the benefits under the
ECP

RULING:

Cornelios adoption of John, without more, does not deprive petitioner Bernardina of the right to
receive the benefits stemming from Johns death as a dependent parent given Cornelios
untimely demise during Johns minority. Since the parent by adoption already died, then the
death benefits under the Employees' Compensation Program shall accrue solely to herein
petitioner, John's sole remaining beneficiary.