SSS v. Davac -  SSS Benefits

17 SCRA 863


>  Davac was an SSS member, and designated Candelaria Davac, his alleged wife, as his beneficiary.

>  When he died, both his first wife, Lourdes and his second wife, Candelaria filed claims for the death benefits.

>  Due to the conflicting claims, the SSS filed a petition praying that both of them be required to interplead and litigate the conflicting claims.

>  The death benefits were awarded to Candelaria Davac.


Who is entitled to the SSS benefits?



Under the SSS Act, the beneficiary as recorded by the employee’s employer is the one entitled to the death benefits, hence they should go to Candelaria.  Lourdes contends that the designation made in the person of Candelaria who is party in a bigamous marriage is null and void for being against Art. 739 of the CC.  SC held that the disqualification mentioned in Art. 739 is NOT applicable to Candelaria, because she was not guilty of concubinage , there bieing NO proof that she had actual knowledge of the previous marriage of her husband.