G.R. No. 253940 - Belinda D.R. Dolera vs. Social Security System

Petitioner Belinda D.R. Dolera and Leonardo L. Dolera lived as common-law spouses and had a child in 1979.
On May 22, 1980, Leonardo became permanently disabled and began receiving his permanent total disability pension (PTDP) from the Social Security System (SSS).
On October 13, 1981, over a year after his disability, Leonardo and Belinda married. They lived together as husband and wife for 28 years.
Leonardo died on November 14, 2009. Belinda, as his surviving spouse, filed for a survivorship pension at the SSS Diliman, Quezon City Branch.

April 5, 2011: The SSS denied her claim pursuant to Section 13-A(c) of Republic Act (RA) No. 8282, ruling that “primary beneficiaries as of the date of disability” excluded spouses who married after the disability date.
April 4, 2017: Belinda petitioned the Social Security Commission (SSC), arguing that the proviso violated her rights under the due process and equal protection clauses and citing Dycaico v. SSS and GSIS, Cebu City Branch v. Montesclaros.
March 7, 2018: The SSC denied the petition, refusing to strike down the proviso absent a Supreme Court declaration of unconstitutionality. August 1, 2018: SSC denied reconsideration.

Belinda sought review under Rule 43. May 18, 2020: The Court of Appeals (CA) affirmed the SSC, applying the plain-meaning (verba legis) rule and holding Section 13-A(c) clear and unambiguous. It distinguished Dycaico and Montesclaros on their facts.
September 28, 2020: The CA denied Belinda’s motion for reconsideration.

October 24, 2023: The Supreme Court en banc resolved Belinda’s petition for review on certiorari.

Whether the proviso “as of the date of disability” in Section 13-A(c) of RA 8282 is unconstitutional under the equal protection and due process clauses for disqualifying spouses who married the pensioner after the occurrence of disability.