AGSL Case # 1.r.

G.R. No. 165546  February 27, 2006 (J. Reyes)

SSS v. AGUAS

JURISPRUDENCE:
Article 164 of the Family Code, children conceived or born during the marriage of the
parents are legitimate.

FACTS:
Pablo Aguas, was a member of the SSS and a pensioner. After his death on December 8,
1996, Pablo’s surviving spouse, Rosanna Aguas filed a claim with the SSS for death benefits.
Her claim for monthly pension likewise with the survived minor child of Pablo – Jeylnn was
settled by the SSS.

SSS received a sworn from Leticia Aguas-Macapinlac, Pablo’s sister, contesting

Rosanna’s claim for death benefits. She alleged that Rosanna abandoned the family abode
approximately more than 6 years before, and lived with another man on whom she has been
dependent for support. She further averred that Pablo had no legal children with Rosanna.

The SSC ruled that Rosanna was no longer qualified as primary beneficiary and ordered
Rosanna to immediately refund to the SSS the amount of ₱10,350.00 erroneously paid to her and
Jeylnn as primary beneficiaries of the deceased.

CA reversed the SSC deicision and favored the respondents. Hence this petition.

ISSUE:
Whether or not Rosanna, Jeylnn and Janet are entitled to the SSS death benefits accruing
from the death of Pablo.

RULINGS:
Petition is PARTIALLY GRANTED in favor of Jeylynn.

Jeylnn’s claim is justified by the photocopy of her birth certificate which bears the
signature of Pablo. Petitioner was able to authenticate the certification from the Civil Registry
showing that she was born on October 29, 1991. The records also show that Rosanna and Pablo
were married on December 4, 1977 and the marriage subsisted until the latter’s death on
December 8, 1996. It is therefore evident that Jeylnn was born during Rosanna and Pablo’s
marriage.

The Court finds that, among respondents, only Jeylnn is entitled to the SSS death benefits
accruing from the death of Pablo, as it was established that she is his legitimate child. On the
other hand, the records show that Janet was merely "adopted" by the spouses, but there are no
legal papers to prove it; hence, she cannot qualify as a primary beneficiary. Finally, while
Rosanna was the legitimate wife of Pablo, she is likewise not qualified as a primary beneficiary
since she failed to present any proof to show that at the time of his death, she was still dependent
on him for support even if they were already living separately.