There are instances when Social Security System (SSS) benefit claims are contested by the legal beneficiaries. Oftentimes, the issue is who among the beneficiaries has a valid claim? That was the question in the case of the beneficiaries of Maximiano P.
Maximiano died unmarried in 2014. His mother, Illuminada, filed an affidavit for death-benefit claim (SSS Form 1.3A), declaring a certain Natividad B. as the common-law wife of her son, who died without issue.
However, this declaration was found contradictory to the earlier declaration of the member in his 2011 application for disability benefits, wherein he listed a certain Romeo Francis as his dependent child. Illuminada admitted that the relationship between Natividad and her son lasted from 1999 to 2004. However, she denied that Romeo Francis is the biological offspring of Maximiano. This prompted the SSS to conduct an investigation from various sources.
Interviews of Maximiano’s neighbors revealed that Romeo Francis was widely believed to be not his biological son. Verification of Romeo Francis’s birth records at the Local Civil Registrar showed, however, that Maximiano had affixed his signature acknowledging Romeo Francis as his own, and that Maximiano and Natividad had applied for delayed registration of Romeo Francis’s birth.
Meanwhile, Maximiano’s SSS Form E-1 (Member’s Personal Record) E-4 (Member’s Data Amendment Form) made no mention of Natividad nor Romeo Francis as his beneficiaries.
The question is, to whom should the SSS pay the death benefit: to the mother Illuminada, or to the illegitimate minor child Romeo Francis? More important, is Romeo Francis legally considered a child and beneficiary of Maximiano?
The answer lies on which should be given more weight and credence: an official document or a field-investigation report? Between the facts stated in a duly registered public document, such as the Certificate of Live Birth and the statements derived from various individuals, the former definitely holds more weight and validity. The books making up the civil registrar are considered public documents and are prima facie evidence of the truth of the facts stated therein. In this case, the birth certificate bears the signature of Maximiano, Natividad and the Local Civil Registrar, and its authenticity is not questioned.
Furthermore, the acknowledgment of Maximiano in his disability benefit claim that Romeo Francis is his dependent child adds to that presumption of validity. It is also important to note that Romeo Francis is not required to prove the facts stated in his birth certificate, but it is up for those who are assailing the certificate to prove its alleged falsity.
Without sufficient proof to destroy the presumption of validity, the birth certificate must be given more weight and credibility over a field-investigation report based on mere allegations.
Thus, Romeo Francis, being the illegitimate minor child of Maximiano, is considered the primary beneficiary who has preference over the member’s mother Illuminada, who is considered a secondary beneficiary.
This follows the provision of the Social Security Law that states, “…in the absence of the dependent, legitimate, legitimated or legally adopted children of the member, his/her dependent illegitimate children shall be entitled to one hundred percent [100 percent] of the benefits. In their absence, the dependent who shall be the secondary beneficiaries of the member. In the absence of the foregoing, any other person designated by the member as his/her secondary beneficiary.”
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For more details on SSS programs, members can drop by the nearest SSS branch, visit the SSS web site (www.sss.gov.ph), or contact the SSS Call Center at 920-6446 to 55, which accepts calls from 7 a.m. on Mondays all the way to 7 a.m. on Saturdays.
Susie G. Bugante is the vice president for public affairs and special events of the SSS. Send comments about this column to susiebugante.bmirror@gmail.com.