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ELENA P. DYCAICO, G.R. No. 161357 Petitioner, versus SOCIAL SECURITY SYSTEM CHICO-NAZARIO * and and SOCIAL SECURITY GARCIA, JJ. COMMISSION, Respondents. Promulgated: November 30, 2005 Bonifacio S. Dycaico became a member of the SSS on January 24, 1980. In his self-employed data record (SSS Form RS-1), he named the petitioner, Elena P. Dycaico, and their eight children as his beneficiaries. At that time, Bonifacio and Elena lived together as husband and wife without the benefit of marriage. In June 1989, Bonifacio was considered retired and began receiving his monthly pension from the SSS. He continued to receive the monthly pension until he passed away on June 19, 1997. A few months prior to his death, however, Bonifacio married the petitioner on January 6, 1997. Shortly after Bonifacios death, the petitioner filed with the SSS an application for survivors pension. Her application, however, was denied on the ground that under Section 12-B(d) of Republic Act (Rep. Act) No. 8282 or the Social Security Law [2] she could not be considered a primary beneficiary of Bonifacio as of the date of his retirement. The said proviso reads: Sec. 12-B. Retirement Benefits.

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ELENA P. DYCAICO, G.R. No. 161357Petitioner,versusSOCIAL SECURITY SYSTEM CHICO-NAZARIO andand SOCIAL SECURITY GARCIA, JJ.COMMISSION,Respondents. Promulgated: November !, "!!# $oni%a&io '. ()&ai&o be&ame a member o% t*e ''' on +anuar) ",, -./!. In *is sel%-emplo)ed data re&ord 0''' 1orm R'--2, *e named t*e petitioner, 3lena P. ()&ai&o, and t*eir eig*t &*ildren as *is bene%i&iaries. At t*at time, $oni%a&io and 3lena lived toget*er as *usband and 4i%e 4it*out t*e bene%it o% marriage. In +une -./., $oni%a&io 4as &onsidered retired and began re&eiving *is mont*l) pension %rom t*e '''. He &ontinued to re&eive t*e mont*l) pensionuntil *e passed a4a) on +une -., -..5. A %e4 mont*s prior to *is deat*, *o4ever, $oni%a&io married t*e petitioner on +anuar) 6, -..5. '*ortl) a%ter $oni%a&ios deat*, t*e petitioner %iled 4it* t*e ''' an appli&ation %or survivors pension. Her appli&ation, *o4ever, 4as denied on t*e ground t*at under 'e&tion -"-$0d2 o% Republi& A&t 0Rep. A&t2 No. /"/" or t*e 'o&ial 'e&urit) 7a48"9 s*e &ould not be &onsidered a primar) bene%i&iar) o% $oni%a&io as o% t*e date o% *is retirement. :*e said proviso reads:'e&. -"-$. Retirement Benefits. 0d2 ;pon t*e deat* o% t*e retired member, *is primar) bene%i&iaries as o% t*e date o% *is retirement s*all be entitled to re&eive t*e mont*l) pension. t*e ''C promulgated its Resolution a%%irming t*e denial o% t*e petitioners &laim. :*e ''C re%uted t*e petitioners &ontention t*at primar) bene%i&iaries need not be legitimate %amil) members b) &itingt*e de%initions o% primar) bene%i&iaries and dependents in 'e&tion / o%Rep. A&t No. /"/". ;nder paragrap* 0uali%) as su&* as o% t*e date o% retirement o% t*e de&eased member. Hen&e, t*e petitioner, 4*o 4as not t*en t*e legitimate spouse o% $oni%a&io as o% t*e date o% *is retirement, &ould not be &onsidered *is primar) bene%i&iar). Aggrieved, t*e petitioner %iled 4it* t*e CA a petition %or revie4. t*e appellate &ourt dismissed t*e petition :*e petitioner maintains t*at 4*en s*e and $oni%a&io got married in +anuar)-..5, a %e4 mont*s be%ore *e passed a4a), t*e) merel) intended to legali?et*eir relations*ip and *ad no intention to &ommit an) %raud. 1urt*er, sin&eRep. A&t No. /"/" is a so&ial legislation, it s*ould be &onstrued liberall) in%avor o% &laimants liual prote&tion &lauses o% t*e Constitution.The proviso infringes the equal protection clause t*e petitioner belongs to t*e se&ond group o% dependent spouses, i.e., *er marriage to $oni%a&io 4as &ontra&ted a%ter *is retirement. '*e and t*ose similarl) situated are undoubtedl) dis&riminated against as t*e proviso as o% t*e date o% *is retirement dis>uali%ies t*em %rom being &onsidered primar) bene%i&iaries %or t*e purpose o% entitlement to survivors pension. t*e proviso 4as apparentl) intended to prevent s*am marriages or t*ose &ontra&ted b) persons solel) to enable one spouse to &laim bene%its upon t*eanti&ipated deat* o% t*e ot*er spouse. :*is &on&ern is &on&ededl) valid. Ho4ever, &lassi%)ing dependent spouses and determining t*eir entitlement to survivors pension based on 4*et*er t*e marriage 4as &ontra&ted be%ore or a%ter t*e retirement o% t*e ot*er spouse, regardless o% t*e duration o% t*e said marriage, bears no relation to t*e a&*ievement o% t*e poli&) ob@e&tive o% t*e la4,i.e., provide meaning%ul prote&tion to members and t*eir bene%i&iaries against t*e *a?ard o% disabilit),si&uali%ied %rom being &onsidered as *is primar) bene%i&iar).!onclusion 3ven as t*e proviso as o% t*e date o% *is retirement in 'e&tion -"-$0d2 is nulli%ied, t*e enumeration o% primar) bene%i&iaries %or t*e purpose o% entitlement tosurvivors pension is not substantiall) a%%e&ted sin&e t*e %ollo4ing persons are &onsidered as su&* under 'e&tion /0