SSS LAW CASES

ELENA P. DYCAICO vs. SOCIAL SECURITY SYSTEM and SOCIAL SECURITY COMMISSION, G.R. No. 161357 Nov !" # 3$, %$$5 &ACTS' Bonifacio S. Dycaico became a member of the SSS on January 24, 1980. In his s ()* !+(o, d da-a # .o#d /SSS &o#! RS*10, he named the petitioner, !ena ". Dycaico, and their ei#ht chi!dren as his beneficiaries. A- -1a- -2! , 3on2)a.2o and E( na (2v d -o4 -1 # as 15s"and and 62) 62-1o5- -1 " n )2- o) !a##2a4 . In 75n 1898, 3on2)a.2o 6as .ons2d # d # -2# d and " 4an # . 2v2n4 12s !on-1(, + ns2on )#o! -1 SSS. : .on-2n5 d -o # . 2v -1 !on-1(, + ns2on 5n-2( 1 +ass d a6a, on 75n 18, 1887. A ) 6 !on-1s +#2o# -o 12s d a-1, 1o6 v #, 3on2)a.2o !a##2 d -1 + -2-2on # on 7an5a#, 6, 1887. Short!y after Bonifacio$s death, -1 + -2-2on # )2( d 62-1 -1 SSS an a++(2.a-2on )o# s5#v2vo#;s + ns2on. : # a++(2.a-2on, 1o6 v #, 6as d n2 d on the #round that under S .-2on 1%*3/d0 o) R +5"(2. A.- /R +. A.-0 No. 9%9% or the Socia! Security %a& she cou!d not be

considered a primary beneficiary of Bonifacio as of the date of his retirement. 'he said pro(iso reads) S .. 1%*3. R -2# ! n- 3 n )2-s. < *d+ ,pon the death of the retired member, his primary beneficiaries as of the date of his retirement sha!! be entit!ed to recei(e the month!y pension. -pp!yin# this pro(iso, the petitioner &as informed that the . /ecords sho& that the member 0referrin# to Bonifacio1 &as considered retired on June 2, 1989 and month!y pension &as cance!!ed upon our receipt of a report on his death on June 19, 1993. In your death c!aim app!ication, submitted marria#e contract &ith the deceased member sho&s that you &ere married in 1993 or after his retirement date4 hence, you cou!d not be considered his primary beneficiary. P -2-2on # .on- nd d -1a3on2)a.2o d s24na- d 1 # and -1 2# .12(d# n as +#2!a#, " n )2.2a#2 s in his SSS 5orm /S61 and -1a- 26as no2nd2.a- d -1 # 2n -1aon(, ( 42-2!a- )a!2(, ! !" #s .o5(d " !ad " n )2.2a#2 s. Section 126B*d+ of /ep. -ct 7o. 8282 does not, !i8e&ise, re9uire that the primary beneficiaries be !e#itimate re!ati(es of the

member to be entit!ed to the sur(i(or$s pension. 'he SSS is !e#a!!y bound to respect Bonifacio$s desi#nation of them as his beneficiaries. 5urther, /ep. -ct 7o. 8282 shou!d be interpreted to promote socia! :ustice. T1 SSC # )5- d -1 + -2-2on #;s .on- n-2on -1a- +#2!a#, " n )2.2a#2 s n d no- " ( 42-2!a)a!2(, ! !" #s ", .2-2n4 -1 d )2n2-2ons o) =+#2!a#, " n )2.2a#2 s> and =d + nd n-s> 2n S .-2on 9 o) R +. A.- No. 9%9%. Und # +a#a4#a+1 /?0 o) -1 sa2d +#ov2s2on, ;primary beneficiaries< are ;0t1he dependent spouse unti! he or she remarries, the dependent !e#itimate, !e#itimated or !e#a!!y adopted, and i!!e#itimate chi!dren =< "ara#raph *e+ of the same pro(ision, on the other hand, defines ;dependents< as the fo!!o&in#) =/10 @-A1 ( 4a( s+o5s n-2-( d ", (a6 -o # . 2v s5++o#- )#o! -1 ! !" #B *2+ 0t1he !e#itimate, !e#itimated or !e#a!!y adopted, and i!!e#itimate chi!d &ho is unmarried, not #ainfu!!y emp!oyed and has not reached t&enty6one *21+ years of a#e, or if o(er t&enty6one *21+ years of a#e, he is con#enita!!y or &hi!e sti!! a minor has been permanent!y incapacitated and incapab!e of se!f6 support, physica!!y or menta!!y4 and *>+ 0t1he parent &ho is recei(in# re#u!ar support from the member.< ,nder Section 126B*d+ of /ep. -ct 7o. 8282, the primary beneficiaries &ho are entit!ed to

sur(i(or$s pension are -1os 61o C5a(2), as s5.1 as o) -1 da- o) # -2# ! n- o) -1 d . as d ! !" #. ?ence, the petitioner, &ho &as not then the !e#itimate spouse of Bonifacio as of the date of his retirement, cou!d not be considered his primary beneficiary. ISSUE' W1 -1 # o# no- + -2-2on # 2s -o -1 + ns2on. :ELD' YES 5or reasons &hich sha!! be discussed short!y, the pro(iso ;as of the date of his retirement< in Section 126B*d+ of /ep. -ct 7o. 8282 simi!ar!y (io!ates the due process and e9ua! protection c!auses of the @onstitution. 'he pro(iso infrin#es the e9ua! protection c!ause -s i!!ustrated by the petitioner$s case, the pro(iso ;as of the date of his retirement< in Section 126 B*d+ of /ep. -ct 7o. 8282 &hich 9ua!ifies the term ;primary beneficiaries< resu!ts in the c!assification of dependent spouses as primary beneficiaries into t&o #roups) *1+ 'hose dependent spouses &hose respecti(e marria#es to SSS members &ere contracted prior to the !atter$s retirement4 and *2+ 'hose dependent spouses &hose respecti(e n-2-( d

marria#es to SSS members &ere contracted after the !atter$s retirement. 'he petitioner be!on#s to the second #roup of dependent spouses, i.e., her marria#e to Bonifacio &as contracted after his retirement. She and those simi!ar!y situated are undoubted!y discriminated a#ainst as the pro(iso ;as of the date of his retirement dis9ua!ifies them from bein# considered ;primary beneficiaries< for the purpose of entit!ement to sur(i(or$s pension. 'he !e#is!ati(e history of /ep. -ct 7o. 8282 does not bear out the purpose of @on#ress in insertin# -1 +#ov2so =as o) -1 da- o) 12s # -2# ! n-> -o C5a(2), -1 - #! =+#2!a#, " n )2.2a#2 s> 2n S .-2on 1%*3/d0 -1 # o). 'o the @ourt$s mind, ho&e(er, it ref!ects con#ressiona! concern &ith the possibi!ity of re!ationships entered after retirement for the purpose of obtainin# benefits. REASON O& T:E PRODISO' In +a#-2.5(a#, -1 +#ov2so 6as a++a# n-(, 2n- nd d -o +# v n- s1a! !a##2a4 s o# -1os .on-#a.- d ", + #sons so( (, -o na"( on s+o5s -o .(a2! " n )2-s 5+on -1 an-2.2+a- d d a-1 o) -1 o-1 # s+o5s . 'his concern is conceded!y (a!id. ?o&e(er, c!assifyin# dependent spouses and determinin# their entit!ement to sur(i(or$s pension based on

&hether the marria#e &as contracted before or after the retirement of the other spouse, re#ard!ess of the duration of the said marria#e, bears no re!ation to the achie(ement of the po!icy ob:ecti(e of the !a&, i.e., ;pro(ide meanin#fu! protection to members and their beneficiaries a#ainst the haAard of disabi!ity, sic8ness, maternity, o!d a#e, death and other contin#encies resu!tin# in !oss of income or financia! burden.B 'he neCus of the c!assification to the po!icy ob:ecti(e is (a#ue and f!imsy. "ut different!y, such c!assification of dependent spouses is not #ermane to the aforesaid po!icy ob:ecti(e. 5or if it &ere the intention of @on#ress to pre(ent sham marria#es or those entered in contemp!ation of imminent death, then it shou!d ha(e prescribed a definite ;duration6of6 re!ationship< or durationa! period of re!ationship as one of the re9uirements for entit!ement to sur(i(or$s pension. 5urther, the c!assification of dependent spouses on the basis of &hether their respecti(e marria#es to the SSS member &ere contracted prior to or after the !atter$s retirement for the purpose of entit!ement to sur(i(or$s pension does not rest on rea! and substantia! distinctions. It is arbitrary and discriminatory. 'he pro(iso infrin#es the due process c!ause

-s ear!ier opined, in Do(ernment Ser(ice Insurance System (. Eontesc!aros,0181 -1 Co5#.1a#a.- #2E d # -2# ! n- " n )2-s as a +#o+ #-, 2n- # s- o) a # -2# . W 1 (d -1 # 2n -1a- =@2An a + ns2on +(an 61 # !+(o, +a#-2.2+a-2on 2s !anda-o#,, -1 +# va2(2n4 v2 6 2s -1a!+(o, s 1av .on-#a.-5a( o# v s- d #241-s 2n -1 + ns2on 61 # -1 + ns2on 2s +a#- o) -1 - #!s o) !+(o,! n-. 'he pro(iso ;as of the date of his retirement< in Section 126B*d+ of /ep. -ct 7o. 8282 runs afou! of the due process c!ause as it outri#ht!y depri(es the sur(i(in# spouses &hose respecti(e marria#es to the retired SSS members &ere contracted after the !atter$s retirement of their sur(i(or$s benefits. 'here is outri#ht confiscation of benefits due such sur(i(in# spouses &ithout #i(in# them an opportunity to be heard. 5ina!!y, the @ourt concedes that the petitioner did not raise the issue of the (a!idity of the pro(iso ;as of the date of his retirement< in Section 126 B*d+ of /ep. -ct 7o. 8282. 'he ru!e is that the @ourt does not decide 9uestions of a constitutiona! nature un!ess abso!ute!y necessary to a decision of the case.0291 ?o&e(er, the 9uestion of the constitutiona!ity of the pro(iso is abso!ute!y necessary for the proper reso!ution of the present case. -ccordin#!y, the @ourt re9uired the parties to present their ar#uments on this

issue and proceeded to pass upon the same in the eCercise of its e9uity :urisdiction and in order to render substantia! :ustice to the petitioner &ho, presumab!y in her ad(anced a#e by no&, deser(es to recei(e forth&ith the sur(i(or$s pension accruin# upon the death of her husband. DISPOSITIDE PORTION' 'he pro(iso ;as of the date of his retirement< in Section 126B*d+ of /ep. -ct 7o. 8282 is dec!ared FGID for bein# contrary to the due process and e9ua! protection c!auses of the @onstitution.