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The Supreme Court building in Padre Faura, Manila on August 24, 2022. George Calvelo, ABS-CBN News

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Adrian Ayalin

ABS-CBN News

<div><span dir="ltr" id="isPasted"></span></div><div><span class="fr-img-caption fr-fic fr-dib" style="width:950px"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/171998934522120220824-supreme-court-facade-GC-9 (2).jpg" style="width:950px" class="fr-fic fr-dib"/><span class="fr-inner" style="text-align:left">The Supreme Court building in Padre Faura, Manila on August 24, 2022. <em id="isPasted">George Calvelo, ABS-CBN News</em></span></span></span></div><div><br/></div><p><span></span>MANILA — The Supreme Court has ruled that spouses estranged from their seafarer husbands can still claim benefits arising from death.</p><p>In a decision promulgated on April 3, 2024, the SC 3rd Division said that aside from legitimate and illegitimate children, legitimate spouses — despite being long estranged from the seafarer — should be awarded benefits under the Philippine Overseas Employment Administration contracts.</p><p>The ruling stemmed from the death of seafarer Pedrito Macalinao in 2015 on board the vessel Excel Marine Co. Ltd./Fair Shipping Corporation.</p><p>His death benefits amounted to P4.5 million, the only property he had upon his death. </p><p>Pedrito married Cerena in 1981 and they had one child named Cindy</p><p>The couple separated after four years and while Pedrito remained married to Cerena, he married Elenita and had two children, Kenneth and Kristel.</p><p>Cerena has also remarried — to Rene Paredes — in 1992. </p><p>In 2016, Cerena and Cindy filed before the Muntinlupa City Regional Trial Court a petition for the settlement of Pedrito’s estate, including the declaration of nullity of Pedrito and Elenita’s marriage.</p><p>The RTC ruled that the death benefits formed part of Pedrito’s estate and that under POEA rules, they shall be divided among the beneficiaries in accordance with the rules on succession.</p><p>The court also ruled that Elenita, despite being nominated by Pedrito as the beneficiary, is not entitled to Pedrito’s death benefits since their marriage is bigamous and void.</p><p>The Court of Appeals also affirmed the decision of the RTC when Elenita elevated the case.</p><p>“Accordingly, the court is constrained to find that Cerena is the legitimate spouse of Pedrito at the time of his death, and her 30-year separation de facto from the latter, as well as her subsequent marriage to Rene, do not negate her right to the subject death benefits proceeding from Pedrito&#x27;s death,” the SC said in the decision penned by Associate Justice Alfredo Benjamin Caguioa.</p><p>The Supreme Court however held that the death benefits do not form part of Pedrito’s estate as Article 781 of the Civil Code dictates that what forms part of the estate is property existing in the time of death.</p><p>In the case of the death benefits of Pedrito, they only arose upon Pedrito’s death and did not exist at the time of his death.</p><p>After discussing the complexity of how the benefits will be divided based on various laws and past court decisions, the high court ordered that the death benefits be distributed as follows: 1/4 to Cerena, 1/2 to Cindy, 1/8 to Kenneth, and 1/8 to Kristel.</p><div><br/></div><div><a href="https://news.abs-cbn.com/news/2024/6/20/sc-encourages-public-to-report-corrupt-judges-lawyers-via-email-1052" id="isPasted">SC urges public to report corrupt judges, lawyers via email</a></div><div><br/></div>

<p>The Supreme Court has ruled that spouses estranged from their seafarer husbands can still claim benefits arising from death.</p>

The Supreme Court has ruled that spouses estranged from their seafarer husbands can still claim benefits arising from death.

SC says only children, legal spouse can claim seafarer death benefits

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SC says only children, legal spouse can claim seafarer death benefits

Adrian Ayalin,

ABS-CBN News

Published Jul 03, 2024 03:06 PM PHT

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