Ramos, Dianne Nicole L.

Claim for Death Benefits

Agrarian Law and Social Legislation / 2C SSS Law
Case Digest SSS v. Aguas
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SOCIAL SECURITY SYSTEM v. ROSANNA H. AGUAS, AND JEYLNN H. AGUAS

G.R. No. 165546, 27 February 2006

FACTS:

Upon the death of Pablo Aguas, his wife, Rosanna, claimed death benefits from SSS. Months
later, Letricia, Pablo’s sister contested Rosanna’s claim, stating that the latter had left the family
abode 6 years prior to Pablo’s death and that she lived with another man, Romeo dela Pena.
She also has no legal children with Pablo as he is infertile.

The SSS then suspended the benefits and conducted investigation. Learning through witnesses
that the claims were true, the SSS ordered Rosanna to refund the amount of P10,350.00 within
30 days.

Rosanna then filed a petition with the SSS, claiming that Jeylnn and Janet were her children
with Pablo, presenting birth certificates as evidence. She also said that she lived with Pablo until
his death and that Pablo is not infertile.

The SSC confirmed Pablo’s signature on the birth certificate but, upon investigation of
witnesses, the SCC rules against Rosanna. The SCC stated the Rosanna committed adultery
as she had a child with Romeo, while still married to Pablo, hence, she is no longer entitled to
his support. The SCC also ruled that Jeylnn and Jenelyn were the same person. Jeylnn was the
daughter of Rosanna and Romeo. The other child that Rosanna claims to be of hers and
Pablo’s was only adopted by the couple, with no official adoption papers.

The case was brought up to the CA which rules that Rosanna is entitled to benefits. The CA
rules that the birth certificates of Janet and Jeylnn showed that they were Pablo’s children.
Furthermore, there was no evidence that Rosanna ceased to received support from Pablo. Her
affair with Romeo is not proven. Hence, this petition.

According to the SSS, Rosanna forfeited her right to support from Pablo when she engaged in
an illicit affair with Romeo. Hence, she had abandoned Pablo. They also stated that Janey and
Jeylnn are not the legitimate children of Pablo. The SCC, in the exercise of its quasi-judicial
authority, can pass upon the legitimacy of respondent’s relationship with the member to
determine whether or not they are entitled to the benefits, even without correcting their birth
certificates.

For her side, Rosanna stated the SSS failed to prove that she committed the acts of adultery or
that she married another man.

ISSUE:

Whether or not Rosanna is entitled to Pablo’s death benefits.

RULING:

No. Only Jeylynn has sufficiently established her right to the monthly pension. Whoever claims
entitlement to such benefits, should establish his or her right thereto by substantial evidence.

1
 Ramos, Dianne Nicole L. Claim for Death Benefits
Agrarian Law and Social Legislation / 2C SSS Law
Case Digest SSS v. Aguas
---------------------------------------------------------------------------------------------------------------------------

The photocopy of her birth certificate, which bears the signature of Pablo, justifies Jeylnn’s
claim. It was proven that she was born during the marriage of Rosanna and Pablo. She is
therefore, presumptively legitimate. There is no showing that Pablo had challenged the
legitimacy of Jeylnn during his lifetime. Her status as legitimate child can no longer be
contested.

In the case of Janet, her date of birth was not substantially proven. Her birth certificate, which
was presented, was not verified by the civil registrar. Furthermore, witnesses had testified that
she was merely adopted with no legal proceedings.

For Rosanna, she must prove that she was the legitimate spouse who was dependent on the
support of her husband. This cannot be proved by fact of marriage alone. Also, a wife who is
already separated de factor from her husband cannot be said to be “dependent for support”
upon her husband.

And lastly, Jenelyn and Jeylnn are the same person. They were born three months apart and
were baptized under different names due to Romeo wanting recognition over the child.

DISPOSITION:

IN LIGHT OF ALL THE FOREGOING, the petition is PARTIALLY GRANTED. The Decision and
Resolution of the Court of Appeals are AFFIRMED WITH MODIFICATION. Only Jeylnn H.
Aguas is declared entitled to the SSS death benefits accruing from the death of Pablo Aguas.