Dear Atty. Maan,

My uncle-in-law unexpectedly passed away due to a heart attack. Prior to his demise, he has been receiving permanent disability pension from SSS even prior he was married. My question is, are his surviving heirs still entitled to his disability pension after his death?

Marie

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Dear Marie,

In the recently decided case of Dolera v. SSS (G.R. No. 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 Court, declared void the proviso “as of the date of disability” in Section 13-A(c) of Republic Act (RA) 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 (CA) which had upheld the Order of the Social Security Commission (SSC) 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.

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.

Atty. Mary Antonnette Baudi