Daily Tribune (Philippines)

Disability pension entitlemen­t

- ATTY. JOJI ALONSO & ASSOCIATES Atty. Mary Antonnette Baudi

Dear Atty. Maan,

My husband unexpected­ly passed away due to a heart attack. Prior to his demise, he has been receiving permanent disability pension from SSS even prior to our marriage. My question is, are we, as his surviving heirs, still entitled to his disability pension after his death?

Mia

Dear Mia,

In the recently decided case of Dolera v. SSS (G.R. 253940, 24 October 2023), 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.

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

Statutes enacted to promote social justice are considered social welfare legislatio­ns. In cases involving these legislatio­ns, doubts should be liberally construed in favor of the intended beneficiar­y of the statute, for it is only by giving them a liberal constructi­on that the constituti­onal policy concerning promotion of social justice is realized.

The Social Security Law is a social welfare legislatio­n enacted pursuant to 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. Section 13-A (c) thereof provides:

SEC. 13-A. Permanent Disability Benefits. — . . . . xxx xxx xxx c. Upon the death of the permanent total disability pensioner, his primary beneficiar­ies as of the date of disability shall be entitled to receive the monthly pension[.]

Under Section 8 (k) of the Social Security Law, the term “primary beneficiar­ies” pertains to the following: (1) “the dependent spouse until he or she remarries”; and (2) “the dependent legitimate, legitimate­d or legally adopted, and illegitima­te children.” Moreover, paragraph (e) of the same section provides that the surviving spouse, to be considered as a primary beneficiar­y, must be “entitled by law to receive support from the member.”

This notwithsta­nding, to be considered as a primary beneficiar­y who is entitled to receive survivorsh­ip pension under Section 13-A (c) of the Social Security Law, the applicant must be the legitimate spouse of the pensioner as of the date of the latter’s disability. On account of this proviso, the SSC and the CA upheld the denial of petitioner’s applicatio­n for survivorsh­ip pension.

The Court finds the proviso “as of the date of disability” under Section 13-A (c) void for being violative of the equal protection and due process clauses of the Constituti­on.

Hope this helps.

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