Title
Social Security System vs. Vda. de Bailon
Case
G.R. No. 165545
Decision Date
Mar 24, 2006
Clemente Bailon married Teresita Jarque after declaring first wife Alice presumptively dead. Upon Bailon’s death, SSS canceled Jarque’s benefits, claiming bigamy. Courts ruled Jarque’s marriage valid, entitling her to benefits, as presumptive death declaration stood unchallenged.

Case Summary (G.R. No. L-21587)

Factual Background and Procedural History

Clemente Bailon married Alice Diaz in 1955 in Barcelona, Sorsogon. In 1970, Bailon petitioned the Court of First Instance (CFI) of Sorsogon to declare Alice presumptively dead. The CFI granted the petition by order dated December 10, 1970. In 1983, Bailon married Teresita Jarque. Bailon died in 1998 as an SSS member and retiree. Teresita Jarque filed claims for funeral and death benefits with the SSS and was initially granted those benefits. Cecilia Bailon-Yap, claiming to be Bailon’s daughter by Elisa Jayona, contested the payments, asserting Bailon had three valid marriages simultaneously and that Teresita’s documents were fraudulent.

Dispute on the Validity of Marriages and Beneficiary Claims

Cecilia and her siblings, along with Elisa Jayona, filed claims as legitimate beneficiaries and contested the payments to Teresita. The SSS Legal Unit recommended cancellation of payments to Teresita, claiming the first marriage was never legally dissolved since Alice had not disappeared but was still living. The SSS asserted that Bailon was the abandoning spouse and that his subsequent marriage to Teresita was void for bigamy, based on the absence of a valid order terminating the first marriage.

Findings and Rationale of the Social Security Commission (SSC)

The SSC ruled that Teresita’s marriage to Bailon was void since the declaration of presumptive death of Alice was obtained through fraud and did not become final. The SSC determined Alice had never left Barcelona and Bailon did not provide sufficient proof of her absence. Consequently, Teresita was deemed only a common-law wife and not entitled to SSS death benefits. The SSC ordered Teresita to refund the funeral and death benefits previously paid to her and instructed the SSS to pay Alice the appropriate benefits.

Appeal to the Court of Appeals (CA) and Its Decision

The respondent, Teresita Jarque, appealed the SSC decision to the CA. The CA reversed the SSC ruling on the grounds that although the presumption of death is a "presumption juris tantum" and thus not absolute, only a competent court can annul or declare a subsequent marriage void. The CA held that the SSC had no authority to review or invalidate the CFI’s order declaring Alice presumptively dead or to declare the second marriage void. The CA emphasized the due process issues, noting Teresita was not given ample opportunity to present evidence during the SSC proceedings. It ruled that Teresita’s marriage remained valid until annulled by judicial action or termination by affidavit of reappearance and ordered the SSS to pay all benefits due to her.

Petition for Review before the Supreme Court (SC) and Issues Raised

The SSS filed a petition for review on certiorari, contending that the CA erred by disregarding the SSC’s factual findings that established the prior and subsisting marriage between Bailon and Alice and that the subsequent marriage to Teresita was void. The SSS argued the CA ignored the SSC’s authority under Section 5 of the Social Security Law to determine rightful beneficiaries and violated due process protections.

Applicable Law and Legal Analysis

The SC applied the 1987 Philippine Constitution and relevant laws governing marriage and social security benefits. The Civil Code provisions on bigamous marriage (Art. 83) were methodically examined. It was emphasized that a subsequent marriage contracted during the subsistence of a first marriage is void unless the former was annulled, dissolved, or the first spouse had been absent for seven consecutive years and presumed dead (juris tantum presumption). Importantly, even under these exceptions, the subsequent marriage remains valid "until declared null and void by a competent court."

The SC cited Arturo M. Tolentino’s commentaries detailing the burden of proof in annulment cases and explained that the second marriage is voidable, not void ab initio, and can only be terminated either by affidavit of reappearance of the absentee spouse or a judicial annulment during the lifetime of either spouse. Upon death of either spouse, actions for annulment terminate, and the marriage is considered valid for all legal intents.

Supreme Court’s Conclusion and Holding

The SC ruled that the SSC exceeded its authority by invalidating the CFI’s order and by effectively annulling the second marriage, an act reserved to judicial courts. The SSC’s disregard of court orders and substitution of its own factual findings amounted to an unlawful act beyond its jurisdiction. The presumption of death and the subsequent marriage remained valid until judicially annulled. Since no

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