Daily Tribune (Philippines)

SC voids Social Security Act provision

- BY ALVIN MURCIA @tribunephl_alvi

The Supreme Court has voided the provision in the Social Security Act that disqualifi­es as primary beneficiar­ies those who become the legitimate spouse of the pensioner only after the latter suffered permanent total disability.

Associate Justice Henri Jean Paul B. Inting, who wrote the decision, the SC en banc declared void the proviso “as of the date of disability” in Section 13-A(c) of Republic Act 8282, or the Social Security Act of 1997 (Social Security Law), for being contrary to the due process and equal protection clauses of the Constituti­on, as it granted the petition for review on certiorari filed by Belinda D.R. Dolera.

The petition challenged the rulings of the Court of Appeals which had upheld the Order of the Social Security Commission denying Belinda’s applicatio­n for survivorsh­ip pension following the death of her husband, Leonardo L. Dolera.

Leonardo in 1980, became disabled and started receiving his permanent total disability pension from the Social Security System.

He married Belinda the following year, then his common-law spouse, with whom he shared a child.

They lived together as husband and wife for 28 years before his death on 14 November 2009.

The wife then filed a claim for survivorsh­ip pension before the SSS Diliman, Quezon City Branch, but the same was denied pursuant to Section 13-A(c) of the Social Security Law, which provides that “[u]pon the death of the permanent total disability pensioner, his [or her] primary beneficiar­ies as of the date of disability shall be entitled to receive the monthly pension xxx.”

The SSS said, Belinda did not qualify as a primary beneficiar­y under the law as she only became Leonardo’s legitimate spouse after the date of his permanent disability.

She then filed a petition but was likewise denied and affirmed by the CA, prompting the petition.

Ordering the SSS to process Belinda’s claim for survivorsh­ip pension, the Court stressed that the Social Security Law was enacted under the policy of the State to promote social justice and provide protection to the workers and their beneficiar­ies against the hazards of contingenc­ies, such as disability and death, resulting in loss of income or financial burden.

As a social welfare legislatio­n, the Social Security Law should be liberally construed in favor of the intended beneficiar­y, for it is only by giving the law a liberal constructi­on that the constituti­onal policy concerning promotion of social justice is realized, held by the Court.

The assailed provision of Section 13-A(c) of the Social Security Law provides that to be considered a primary beneficiar­y entitled to receive survivorsh­ip pension, the applicant must be the legitimate spouse of the pensioner as of the date of the latter’s disability.

The Court ruled, however, that the said provision is void for being violative of the equal protection clause of the Constituti­on as it discrimina­tes against dependent spouses who married the pensioners after the latter qualified for their pension.

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