SC ruling favors spouse in pension case

MANILA, Philippines — Should a spouse who marries a member of the Social Security System (SSS) after the latter suffers a total and permanent disability qualify for a survivorship pension? Or should a provision of the social security law that says only the primary beneficiaries ‘as of the date of disability’ shall be entitled to receive a monthly pension prevail

These were the questions that the Supreme Court (SC) settled when it ruled that a surviving spouse is entitled to an SSS survivorship pension even if the marriage was contracted after the member was disabled.

In a decision promulgated on Oct. 24, 2023 but released only on Friday, the SC en banc voided the provision in the Social Security Act of 2007 that disqualifies as primary beneficiaries those who became the legitimate spouse of the pensioner only after the latter suffered total permanent disability.

The High Court sided with Belinda Dolera, who sought to reverse a Court of Appeal’s ruling that denied her application for survivorship pension following her husband’s death.

According to court records, her husband, Leonardo Dolera, became disabled and started receiving his permanent disability pension from the SSS in 1980. But it was only a year later that Leonardo and Belinda got married and lived together as husband and wife.

When Leonardo died in November 2009, Belinda filed a claim for survivorship pension before the SSS.

However, the agency denied this, citing Section 13-A(c) of the Social Security Law, which states that “upon the death of the total disability pensioner, his primary beneficiaries ‘as of the date of disability’ shall be entitled to receive the monthly pension.”

It reasoned that Belinda did not qualify as a primary beneficiary as she became a legitimate spouse of Leonardo only after his disability.?Belinda elevated her petition to the Social Security Commission and the CA, which also denied her plea.

But the SC, in granting Belinda’s petition, pointed out that the Social Security Law was enacted “pursuant to the policy of the State to promote social justice and provide protection to the workers and their beneficiaries against the hazard of contingencies.”

“As a social welfare