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    SSS vs. Bailon

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    NikkoCataquiz
    1. Clemente Bailon married Alice Diaz in 1955 and later filed for a declaration of her presumptive death in 1970 which was granted. In 1983, Clemente married Teresita Jarque and they lived together until Clemente's death in 1998. 2. After Clemente's death, Jarque sought SSS benefits which were initially granted. However, Cecilia Bailon-Yap claimed to be Clemente's daughter from another relationship and challenged the granting of benefits to Jarque. 3. The Supreme Court ruled that the SSS did not have the power to review the court's declaration of Alice's presumptive death. Since Alice only reappeared after Clemente's

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    SSS vs. Bailon

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    NikkoCataquiz
    173 views2 pages
    1. Clemente Bailon married Alice Diaz in 1955 and later filed for a declaration of her presumptive death in 1970 which was granted. In 1983, Clemente married Teresita Jarque and they lived together until Clemente's death in 1998. 2. After Clemente's death, Jarque sought SSS benefits which were initially granted. However, Cecilia Bailon-Yap claimed to be Clemente's daughter from another relationship and challenged the granting of benefits to Jarque. 3. The Supreme Court ruled that the SSS did not have the power to review the court's declaration of Alice's presumptive death. Since Alice only reappeared after Clemente's

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    Persons and Family Relations

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    1. Clemente Bailon married Alice Diaz in 1955 and later filed for a declaration of her presumptive death in 1970 which was granted. In 1983, Clemente married Teresita Jarque and they lived together until Clemente's death in 1998. 2. After Clemente's death, Jarque sought SSS benefits which were initially granted. However, Cecilia Bailon-Yap claimed to be Clemente's daughter from another relationship and challenged the granting of benefits to Jarque. 3. The Supreme Court ruled that the SSS did not have the power to review the court's declaration of Alice's presumptive death. Since Alice only reappeared after Clemente's

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    173 views2 pages

    SSS vs. Bailon

    Uploaded by

    NikkoCataquiz
    1. Clemente Bailon married Alice Diaz in 1955 and later filed for a declaration of her presumptive death in 1970 which was granted. In 1983, Clemente married Teresita Jarque and they lived together until Clemente's death in 1998. 2. After Clemente's death, Jarque sought SSS benefits which were initially granted. However, Cecilia Bailon-Yap claimed to be Clemente's daughter from another relationship and challenged the granting of benefits to Jarque. 3. The Supreme Court ruled that the SSS did not have the power to review the court's declaration of Alice's presumptive death. Since Alice only reappeared after Clemente's

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    of 2

    Republic of the Philippines

    SUPREME COURT
    Manila
    THIRD DIVISION
    G.R. No. 165545 March 24, 2006
    SOCIAL SECURITY SYSTEM, Petitioner,
    vs.
    TERESITA JARQUE VDA. DE BAILON, Respondent.
    FACTS:
    In 1955 Clemente Bailon and Alice Diaz married in Barcelona, Sorsogon. 15+ years later, Clemente
    filed an action to declare the presumptive death of Alice she being an absentee. The petition was
    granted in 1970. In 1983, Clemente married Jarque. The two live together untile Clementes death in
    1998. Jarque then sought to claim her husbands SSS benefits and the same were granted her. On
    the other hand, a certain Cecilia Baion-Yap who claimed that she is the daughter of Bailon to a
    certain Elisa Jayona petitioned before the SSS that they be given the reimbursement for the funeral
    spending for it was actually them who shouldered the burial expenses of Clemente. They further
    claim that Clemente contracted three marriages; one with Alice, another with Elisa and the other with
    Jarque. Cecilia also averred that Alice is alive and kicking and Alice subsequently emerged; Cecilia
    claimed that Clemente obtained the declaration of Alices presumptive death in bad faith for he was
    aware of the whereabouts of Alice or if not he could have easily located her in her parents place.
    She was in Sorsogon all along in her parents place. She went there upon learning that Clemente
    had been having extra-marital affairs. SSS then ruled that Jarque should reimburse what had been
    granted her and to return the same to Cecilia since she shouldered the burial expenses and that the
    benefits should go to Alice because her reappearance had terminated Clementes marriage with
    Harque. Further, SSS ruled that the RTCs decision in declaring Alice to be presumptively death is
    erroneous. Teresita appealed the decision of the SSS before the Social Security Comission and the
    SSC affirmed SSS. The CA however ruled the contrary.

    ISSUE: Whether or not the mere appearance of the absent spouse declared presumptively dead
    automatically terminates the subsequent marriage.

    HELD: There is no previous marriage to restore for it is terminated upon Clementes death. Likewise
    there is no subsequent marriage to terminate for the same is terminated upon Clementes death.
    SSS is correct in ruling that it is futile for Alice to pursue the recording of her reappearance before
    the local civil registrar through an affidavit or a court action. But it is not correct for the SSS to rule
    upon the declaration made by the RTC. The SSC or the SSS has no judicial power to review the
    decision of the RTC. SSS is indeed empowered to determine as to who should be the rightful
    beneficiary of the benefits obtained by a deceased member in case of disputes but such power does
    not include the appellate power to review a court decision or declaration. In the case at bar, the RTC
    ruling is binding and Jarques marriage to Clemente is still valid because no affidavit was filed by
    Alice to make known her reappearance legally. Alice reappeared only after Clementes death and in
    this case she can no longer file such an affidavit; in this case the bad faith [or good faith] of
    Clemente can no longer be raised the marriage herein is considered voidable and must be
    attacked directly not collaterally it is however impossible for a direct attack since there is no longer
    a marriage to be attacked for the same has been terminated upon Clementes death.

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