BERNARDINA P. BARTOLOME, Petitioner, vs. SOCIAL SECURITY SYSTEM and
SCANMAR MARITIME SERVICES, INC., Respondents.
G.R. No. 192531, November 12, 2014
DOCTRINE:
In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs.
FACTS:
John Colcol died in a work-related accident while he was employed as an electrician by Scanmar Maritime Services, Inc. He was enrolled under the government’s Employees’ Compensation Program (ECP).
Since John was childless and unmarried, petitioner Bernardina P. Bartolome, John’s biological mother and, allegedly, sole remaining beneficiary, filed a claim for death benefits with the SSS.
However, SSS denied the claim, stating that the petitioner is not considered as the parent of John as he was legally adopted by Cornelio Colcol, the victim’s great grandfather, therefore Bernardina cannot be considered as John’s beneficiary because she is not the deceased’s legitimate parent. Cornelio Colcol, however, already died on October 26, 1987, less than three years since the decree of John’s adoption became final.
ISSUE:
Do the biological parents of the covered qualify as the deceased’s dependent parent and, thus, entitled to the death benefits?
HELD:
YES. when Cornelio, in 1985, adopted John, then about two (2) years old, petitioner’s parental authority over John was severed. However, lest it be overlooked, one key detail the ECC missed, aside from Cornelio’s death, was that when the adoptive parent died less than three (3) years after the adoption decree, John was still a minor, at about four (4) years of age.
John’s minority at the time of his adopter’s death is a significant factor in the case at bar. Under such circumstance, parental authority should be deemed to have reverted in favor of the biological parents.
Moreover, this ruling finds support on the fact that even though parental authority is severed by virtue of adoption, the ties between the adoptee and the biological parents are not entirely eliminated. To demonstrate, the biological parents, insome instances, are able to inherit from the adopted, as can be gleaned from Art. 190 of the Family Code:
Art. 190. Legal or intestate succession to the estate of the adopted shall be governed by the following rules:
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G.R. No. 192531, November 12, 2014
DOCTRINE:
In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs.
FACTS:
John Colcol died in a work-related accident while he was employed as an electrician by Scanmar Maritime Services, Inc. He was enrolled under the government’s Employees’ Compensation Program (ECP).
Since John was childless and unmarried, petitioner Bernardina P. Bartolome, John’s biological mother and, allegedly, sole remaining beneficiary, filed a claim for death benefits with the SSS.
However, SSS denied the claim, stating that the petitioner is not considered as the parent of John as he was legally adopted by Cornelio Colcol, the victim’s great grandfather, therefore Bernardina cannot be considered as John’s beneficiary because she is not the deceased’s legitimate parent. Cornelio Colcol, however, already died on October 26, 1987, less than three years since the decree of John’s adoption became final.
ISSUE:
Do the biological parents of the covered qualify as the deceased’s dependent parent and, thus, entitled to the death benefits?
HELD:
YES. when Cornelio, in 1985, adopted John, then about two (2) years old, petitioner’s parental authority over John was severed. However, lest it be overlooked, one key detail the ECC missed, aside from Cornelio’s death, was that when the adoptive parent died less than three (3) years after the adoption decree, John was still a minor, at about four (4) years of age.
John’s minority at the time of his adopter’s death is a significant factor in the case at bar. Under such circumstance, parental authority should be deemed to have reverted in favor of the biological parents.
Moreover, this ruling finds support on the fact that even though parental authority is severed by virtue of adoption, the ties between the adoptee and the biological parents are not entirely eliminated. To demonstrate, the biological parents, insome instances, are able to inherit from the adopted, as can be gleaned from Art. 190 of the Family Code:
Art. 190. Legal or intestate succession to the estate of the adopted shall be governed by the following rules:
xxx
(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted
concur withthe adopter, they shall divide the entire estate, one-half tobe inherited by the parents
or ascendants and the other half, by the adopters;
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(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or intestate succession shall apply.
Similarly, at the time of Cornelio Colcol’s death, which was prior to the effectivity of the Family Code, the governing provision is Art. 984 of the New Civil Code, which provides:
Art. 984. In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs.
From the provisions, it is clear that the biological parents retain their rights of succession tothe estate of their child who was the subject of adoption. While the benefits arising from the death of an SSS covered employee do not form part of the estate of the adopted child, the pertinent provision on legal or intestate succession at least reveals the policy on the rights of the biological parents and those by adoption vis-à-vis the right to receive benefits from the adopted. In the same way that certain rights still attach by virtue of the blood relation, so too should certain obligations, which, We rule, include the exercise of parental authority, in the event of the untimely passing of their minor offspring’s adoptive parent.
Thus, the Court rules that Cornelio’s death at the time of John’s minority resulted in the restoration of petitioner’s parental authority over the adopted child.
SOURCE: PALS 2016 (Prepared by: Dean Ma. Soledad Deriquito-Mawis and the students of Lyceum of the Philippines University)
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(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or intestate succession shall apply.
Similarly, at the time of Cornelio Colcol’s death, which was prior to the effectivity of the Family Code, the governing provision is Art. 984 of the New Civil Code, which provides:
Art. 984. In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs.
From the provisions, it is clear that the biological parents retain their rights of succession tothe estate of their child who was the subject of adoption. While the benefits arising from the death of an SSS covered employee do not form part of the estate of the adopted child, the pertinent provision on legal or intestate succession at least reveals the policy on the rights of the biological parents and those by adoption vis-à-vis the right to receive benefits from the adopted. In the same way that certain rights still attach by virtue of the blood relation, so too should certain obligations, which, We rule, include the exercise of parental authority, in the event of the untimely passing of their minor offspring’s adoptive parent.
Thus, the Court rules that Cornelio’s death at the time of John’s minority resulted in the restoration of petitioner’s parental authority over the adopted child.
SOURCE: PALS 2016 (Prepared by: Dean Ma. Soledad Deriquito-Mawis and the students of Lyceum of the Philippines University)
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