May 21, 2001. In his member’s records, he had designated petitioner Yolanda Signey (wife2) as primary beneficiary and his four children with her as secondary beneficiaries. Petitioner filed a claim for death benefits with the public respondent SSS. She revealed in her SSS claim that the deceased had a common-law wife, Gina Servano, with whom he had two minor children. Petitioner’s declaration was confirmed when Gina herself filed a claim for the same death benefits which she also declared that both she and petitioner were common-law wives of the deceased and that Editha (wife1) Espinosa was the legal wife. Editha also filed an application for death benefits with the SSS stating that she was the legal wife of the deceased. SSS denied the death benefit claim of the petitioner and found that the marriage between the deceased and the petitioner is null and void because of a prior subsisting marriage contracted between the deceased and Editha as confirmed by the local civil registry of Cebu. However, it recognized Ginalyn and Rodelyn, the minor children of the deceased with Gina, as the primary beneficiaries under the SSS Law.
ISSUE: Whether Edna is entitled to the SSS benefit of
Edgardo considering that there was a previous subsisting marriage between Edgardo and Rosemarie at the time of their marriage in 1992?
HELD: No, two different women as his spouse is already
an indication that only one of them can be the legal spouse. As can be gleaned from the certification issued by the NSO there is no doubt that Edgardo married Rosemarie in 1982. Edna cannot be considered as the legal spouse of Edgardo as their marriage took place during the existence of a previously contracted marriage. For said reason, the denial of Edna’s claim by the SSC was correct.
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