SSS vs. Davac; G.R. No. L-21642 , July 30, 1966
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.
ISSUE
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.Â
HELD
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;
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