Case Digest (G.R. No. 192531)
Facts:
Bernardina P. Bartolome v. Social Security System and Scanmar Maritime Services, Inc., G.R. No. 192531, November 12, 2014, Supreme Court Third Division, Velasco Jr., J., writing for the Court.Petitioner Bernardina P. Bartolome (petitioner) is the biological mother of John Colcol (John), who was employed as an electrician by Scanmar Maritime Services, Inc. on board the vessel Maersk Danville beginning February 2008 and was covered by the Employees' Compensation Program (ECP) administered by the Social Security System (SSS). On June 2, 2008 John suffered a fatal accident on board and died the following day. At the time of his death he was unmarried and childless.
Petitioner filed a death-benefits claim under PD 626 (amending PD 442, the Labor Code) with the SSS La Union branch. The SSS denied the claim in a June 10, 2009 letter, informing petitioner that John had been legally adopted by Cornelio Colcol (Cornelio), and therefore petitioner was no longer considered his parent. Petitioner appealed to the Employees' Compensation Commission (ECC) in ECC Case No. SL-18483-0218-10; the ECC, by Decision dated March 17, 2010, affirmed the SSS denial and dismissed the claim for lack of merit. The ECC treated Cornelio as the primary beneficiary and ruled that petitioner, having given John up for adoption, was no longer a legitimate parent and thus not a secondary beneficiary even if Cornelio had died.
Petitioner moved for reconsideration before the ECC, which was denied; she then filed a petition for review under Rule 43 of the Rules of Court before the Supreme Court. The record shows that petitioner submitted Cornelio’s death certificate (reflecting his death on October 26, 1987), documents showing a common residence for petitioner and John after Cornelio’s death, and John’s S...(Subscriber-Only)
Issues:
- Was the ECC’s finding that the adoptive parent Cornelio was not proven to be dead supported by the evidence on record?
- Does Rule XV, Section 1(c)(1) of the Amended Rules on Employees’ Compensation validly restrict "dependent parents" under Article 167(j) of PD 626 to "legitimate parents," or is that interpretation contrary to law and the Constitution?
- If the adoptive parent died while the adoptee was still a minor, does the biological parent regain parental authority and qualify as a dependent p...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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