SC: Only legal spouse, children may get seaman's death benefits

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The Supreme Court (SC) has ruled that benefits arising from a seafarer’s death may only be given to his or her surviving legitimate spouse, even after estrangement, and his or her legitimate or illegitimate children.

In a 44-page decision promulgated in April, the Supreme Court partly granted a petition and ordered the release of death benefits to the children of deceased seafarer Pedrito.

“The Court is constrained to find that Cerena is the legitimate spouse of Pedrito at the time of his death, and her 30-year separation de facto from the latter, as well as her subsequent marriage… do not negate her right to the subject death benefits,” the SC said.

“For while Pedrito and Cerena had already been separated in fact for 30 years when Pedrito died, and while Pedrito had already been living with Elenita for a little over 25 years before he passed, the passage of time did not negate what no court declaration has nulled,” it added.

The case stemmed from the petition filed by Elenita and her children arguing that the judicial settlement of Pedrito's estate was erroneous and that the death benefits should have been given to them.

Pedrito had married Cerena in 1981 and they had one child. They separated after four years.

In 1990, Pedrito married Elenita and they had two children. Cerena, in 1992, also married someone else.

In its ruling, the SC found that Elenita is disqualified as a beneficiary since she is not Pedrito’s legal spouse, and their marriage was bigamous and void from the beginning.

It said Elenita’s lack of knowledge of Pedrito’s subsisting marriage to Cerena is not a defense. Cerena’s marriage to another also does not validate Pedrito and Elenita’s marriage, according to the SC.

Meanwhile, the SC said the correct approach to determine the share of the families was to determine and satisfy the share of each child, the share of the surviving spouse in relation to the number of children, and then the share of the illegitimate children from the remaining portion of the hereditary estate.

Due to this, the Court said that one-fourth of the death benefits will be given to Cerena, one-half to Pedrito and Cerina’s child, and one-eight each to Pedrito and Elenita’s two children.—AOL, GMA Integrated News

This article SC: Only legal spouse, children may get seaman's death benefits was originally published in GMA News Online.