A PROVISION OF SOCIAL SECURITY ACT OF 1997 ON DISQUALIFICATION OF COMMON-LAW SPOUSE AS PRIMARY BENEFICIARY IS DECLARED VOID

In ruling, the Court held that the subject proviso violates the equal protection clause of the Constitution.

By analogy, the subject proviso may be correlated to the phrase “as of the date of his retirement” in Section 12-B(d), which the Court, in Dycaico case, held as violative of the equal protection clause.

Notably, both Sections 12-B(d) and 13-A(c) discriminate against the groups of dependent spouses who married the pensioners after the latter qualified for their pension.

The classification espoused by Section 13-A(c) does not rest on real and substantial distinctions and is not germane to the purpose of the law. It discriminates against common-law relationships which are common and recognized by the Family Code.

Consequently, the Petition was GRANTED. The proviso “as of the date of disability” in Section 13-A(c) of Republic Act No. 8282 was declared VOID for being contrary to the due process and equal protection clauses of the Constitution. (BELINDA D.R. DOLERA VS. SOCIAL SECURITY SYSTEM, G.R. NO. 253940, OCTOBER 24, 2023, UPLOADED FEBRUARY 15, 2024)