Topic : Parties – Beneficiaries
Petronilo Davac designated in SSS form respondent Candelaria Davac as his beneficiary and indicated his relationship to her as that of “wife”. In 1959, Petronilo died, and, thereupon, each of the respondents (Candelaria Davac and Lourdes Tuplano) filed their claims for death benefit with the SSS. It appears that the deceased contracted two marriages, the first, with claimant Lourdes Tuplano, who bore him a child, Romeo Davac, and the second, with Candelaria Davac, with whom he had a minor daughter.
SSS declared Candelaria as the person entitled to receive the benefit since she is the one declared to
Lourdes contends that the designation herein made in the person of the bigamous wife is null and void, because (1) it contravenes the provisions of the Civil Code, and (2) it deprives the lawful wife of her share in the conjugal property as well as of her own and her child’s legitime in the inheritance.
Whether or not the Social Security Commission acted correctly in declaring respondent Candelaria Davac as the person entitled to receive the death benefits in question.
YES. If there is a named beneficiary and the designation is not invalid (as it is not so in this case), it is not the heirs of the employee who are entitled to receive the benefits (unless they are the designated beneficiaries themselves). It is only when there are no designated beneficiaries or when the designation is void, that the laws of succession are applicable. And we have already held that the Social Security Act is not a law of succession.
The disqualification mentioned in Article 739 is not applicable to herein appellee Candelaria Davac because she was not guilty of concubinage, there being no proof that she had knowledge of the previous marriage of her husband Petronilo.
Article 2012 of the New Civil Code provides:
ART. 2012. Any person who is forbidden from receiving any donation under Article 739 cannot be named beneficiary of a life insurance policy by the person who cannot make any donation to him according to said article.
And Article 739 of the same Code prescribes:
ART. 739. The following donations shall be void:
(1) Those made between persons who were guilty of adultery or concubinage at the time of the donation;
Please check out our tags for more personal case digests!
abuse of rights Administrative Law Agency alteration Article 19 Article 26 of the Family Code article 36 Article 148 of the Family Code Article 153 of the Family Code Bill of Rights capacity to contract marriage Case Digest Chain of Custody Civil Code civil law Civil Procedure commercial law Company Policies Conflicts of Law Constitutional Law Constitutional Rights of Employers and Employees Corporate Law court of appeals Credit Card Credit Transactions criminal law criminal procedure Different Kind Of Obligations dismissal divorce Donation Dreamwork easements ec2 Effect of Partial payment ejusdem generis Election Law Eminent Domain Employee’s Rights evidence Expropriation Extinguishment of Obligations – Compensation family code family home Federico O Borromeo Inc Foreclosure foreign divorce forgery G.R. No. 107019 G.R. No. 119122 Government Service Insurance System Injunction instagram Insurable Interest Insurance Intellectual Property japan Judicial review Just Compensation L-26002 labor law Law School Local Government Code marriage NAIA Terminal 3 National Labor Relations Commission negotiable instrument Oblicon Obligation and Contracts Payment through Agent Persons and Family Relations Philippine Airlines Philippine Airlines Inc. Philippine Basketball Association Philippine citizenship Police power Political Law Ponente Premium Payment programming property Provisional Remedies Psychological Incapacity public officers R.S. Tomas Inc. Reinsurance Remedial Law Residence Rights to Security of Tenure and Due Process San Miguel Properties security Seven (7) Cardinal Rights of Workers shrines Social justice Sources of Labor Rights and Obligations Succession Taxation Law temple tokyo TYPES of Employees