the SSS has no judicial power to review the
SSS vs Bailon [G.R. No. 165545]
March 24, 2006
Facts:
Clemente G. Bailon and Alice P. Diaz contracted
marriage. More than fifteen years later,
Clemented filed a Petition for Declaration of
Presumptive Death of Alice before the Court of
First Instance of Sorsogon. The petition was
granted and subsequently Bailon contracted
marriage with Teresista Jarque, respondent, and
was designated as SSS beneficiary of Bailon.
Clemente died in 1998. Jarque sought for to claim
Bailon’s SSS benefits and was granted. However,
SSS cancelled the claim of respondent Teresita
Jarque of her monthly pension for death benefits
on the ground that her marriage with Bailon was
void as it was contracted during the subsistence of
Bailon’s marriage with Alice. In fact, it appeared
that Bailon contracted three marriages. Alice
subsequently emerged.
Amidst the confusion as to whom is the legal wife
and to whom the SSS benefits shall accrue to, SSS
cancelled the monthly death pension benefits
accrued to and ordered to refund both funeral and
death benefits from Jarque. Respondent returned
the funeral benefits received, in protest, and filed
a petition to restore her entitlement to the
monthly pension. Further, SSS ruled that the RTC’s
decision in declaring Alice to be presumptively
death is erroneous.
Issue:
Whether or not respondent is the legitimate wife
and the primary beneficiary to Bailon.
Whether or not SSS has the power to review a
court decision or declaration.
Held:
There is no previous marriage to restore for it is
terminated upon Clemente’s death.
Likewise there is no subsequent marriage to
terminate for the same is terminated upon
Clemente’s death.
SSS is correct in ruling that it is futile for Alice to
pursue the recording of her reappearance before
the local civil registrar through an affidavit or a
court action. But it is not correct for the SSS to rule
upon the declaration made by the RTC. The SSC or
decision of the RTC.
“That the SSC is empowered to
settle any dispute with respect to
SSS coverage, benefits and
contributions…however, it cannot
review, much less reverse, decisions
rendered by courts of law.”
“The law does not give the SSC
unfettered discretion to trifle with
orders of regular courts in the
exercise of its authority to
determine the beneficiaries of the
SSS.”
SSS is indeed empowered to determine as to who
should be the rightful beneficiary of the benefits
obtained by a deceased member in case of
disputes but such power does not include the
appellate power to review a court decision or
declaration.
The RTC ruling is binding and Jarque’s marriage to
Clemente is still valid because no affidavit was
filed by Alice to make known her reappearance
legally. Alice reappeared only after Clemente’s
death and in this case she can no longer file such
an affidavit. A second marriage contracted by a
person with an absent spouse endures until
annulled. It is only the competent court that can
nullify the second marriage pursuant to provisions
of the Civil Code and upon the reappearance of
the missing spouse, which action for annulment
may be filed.
If the absentee reappears, but no step is taken to
terminate the subsequent marriage, either by
affidavit or by court action, such absentee‘s mere
reappearance, even if made known to the spouses
in the subsequent marriage, will not terminate
such marriage. Since the second marriage has
been contracted because of a presumption that
the former spouse is dead, such presumption
continues in spite of the spouse‘s physical
reappearance, and by fiction of law, he or she
must still be regarded as legally an absentee until
the subsequent marriage is terminated as
provided by law.
As no step was taken to nullify, in accordance with
law, Bailon’s and respondent’s marriage prior to
the former’s death in 1998, respondent is rightfully
the dependent spouse-beneficiary of Bailon.