Court rules on rights to seafarer's death benefits

THE Supreme Court has ruled that a seafarer's death benefits under the Philippine Overseas Employment Administration (POEA) contract should be awarded only to the surviving legitimate family of the deceased.

In a decision penned by Associate Justice Alfredo Benjamin Caguioa, the Supreme Court ordered the release of death benefits to the heirs of deceased seafarer Pedrito Macalinao.

Macalinao married Cerena in 1981. They had one child, Cindy. However, the two separated after four years. In 1990, with his marriage to Cerena still subsisting, Macalinao married Elenita. They had two children, Kenneth and Kristel. Cerena herself contracted a second marriage in 1992.

In 2016, Cerena and Cindy filed before the Regional Trial Court (RTC) a petition for the settlement of Pedrito's estate, which included as a secondary issue the declaration of nullity of Pedrito and Elenita's marriage.

The RTC ruled that the death benefits formed part of Pedrito's estate and that under POEA Memorandum Circular 10, series of 2010, they shall be divided among the beneficiaries in accordance with the rules on succession.

The Court of Appeals affirmed the RTC ruling.

The Supreme Court, however, held that the death benefits do not form part of Pedrito's estate. Under Article 781 of the Civil Code, what forms part of the estate is property existing at the time of death.

The Court ordered that Pedrito's death benefits be distributed as follows: one-fourth to Cerena, one-half to Cindy, one-eighth to Kenneth, and one-eighth to Kristel.