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Consuegra vs. GSIS

- Jose Consuegra had two marriages, the second occurring while still married to his first wife Rosario Diaz. Upon his death, his life insurance was paid to his second wife Basilia Berdin and their children as named beneficiaries. However, he did not designate beneficiaries for his retirement insurance. - Both wives claimed rights to the retirement insurance. The GSIS ruled it should be split equally between the wives. Berdin appealed but the court affirmed, stating that when two women innocently marry the same man, they and their children are entitled to half the estate each. - Retirement insurance is primarily for the employee's old age or incapacity, not beneficiaries. If no beneficiary is designated, it passes

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82 views2 pages

Consuegra vs. GSIS

- Jose Consuegra had two marriages, the second occurring while still married to his first wife Rosario Diaz. Upon his death, his life insurance was paid to his second wife Basilia Berdin and their children as named beneficiaries. However, he did not designate beneficiaries for his retirement insurance. - Both wives claimed rights to the retirement insurance. The GSIS ruled it should be split equally between the wives. Berdin appealed but the court affirmed, stating that when two women innocently marry the same man, they and their children are entitled to half the estate each. - Retirement insurance is primarily for the employee's old age or incapacity, not beneficiaries. If no beneficiary is designated, it passes

Uploaded by

John Mark Revilla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Consuegra vs.

GSIS
G.R. No. L-28093
January 30, 1971

Facts

The late Jose Consuegra was employed as a shop foreman in the province
of Surigao del Norte. He contracted two marriages, the first with Rosario Diaz
and the second, which was contracted in good faith while the first marriage was
subsisting, with Basilia Berdin.

Consuegra died, while the proceeds of his GSIS life insurance were paid to
petitioner Basilia Berdin and her children who were the beneficiaries named in
the policy. They received Php 6,000. Consuegra did not designate
any beneficiary who would receive the retirement insurance benefits due to him.
Respondent Rosario Diaz, the widow by the first marriage, filed a claim with the
GSIS asking that the retirement insurance benefits be paid to her as the only
legal heir of Consuegra, considering that the deceased did not designate
any beneficiary with respect to his retirement insurance benefits.

Petitioner Berdin and her children, likewise, filed a similar claim with the
GSIS, asserting that being the beneficiaries named in the life insurance policy of
Consuegra, they are the only ones entitled to receive the retirement insurance
benefits due the deceased Consuegra. The GSIS ruled that the legal heirs of the
late Jose Consuegra were Rosario Diaz, his widow by his first marriage who is
entitled to one-half, or 8/16, of the retirement insurance benefits, on the one
hand; and Basilia Berdin, his widow by the second marriage and their seven
children, on the other hand, who are entitled to the remaining one-half, or 8/16.
Basilia Berdin didn’t agree.

She filed a petition declaring her and her children to be the legal heirs and
exclusive beneficiariesof the retirement insurance. The trial court affirmed
stating that: "when two women innocently and in good faith are legally united in
holy matrimony to the same man, they and their children, born of said wedlock,
will be regarded as legitimate children and each family be entitled to one half of
the estate.”

Issue & Ruling

Whether or not the beneficiaries named in the life insurance should


automatically be considered the beneficiaries to receive the retirement
insurance benefits

No. Retirement insurance is primarily intended for the benefit of the


employee — to provide for his old age, or incapacity, after rendering service in
the government for a required number of years.

If the employee reaches the age of retirement, he gets the retirement


benefits even to the exclusion of the beneficiary or beneficiaries named in his
application for retirement insurance. The beneficiary of the retirement insurance
can only claim the proceeds of the retirement insurance if the employee dies
before retirement.

If the employee failed or overlooked to state the beneficiary of his


retirement insurance, the retirement benefits will accrue to his estate and will
be given to his legal heirs in accordance with law, as in the case of a life insurance
if no beneficiary is named in the insurance policy.

GSIS had correctly acted when it ruled that the proceeds should be divided
equally between his first living wife and his second.
Since the defendant's first marriage has not been dissolved or declared
void the conjugal partnership established by that marriage has not ceased. Nor
has the first wife lost or relinquished her status as putative heir of her husband
under the new Civil Code, entitled to share in his estate upon his death should
she survive him. Consequently, whether as conjugal partner in a still subsisting
marriage or as such putative heir she has an interest in the husband's share in
the property here in dispute.

With respect to the right of the second wife, although the second marriage
can be presumed to be void ab initio as it was celebrated while the first marriage
was still subsisting, still there is need for judicial declaration of such nullity. And
inasmuch as the conjugal partnership formed by the second marriage was
dissolved before judicial declaration of its nullity, "the only lust and equitable
solution in this case would be to recognize the right of the second wife to her
share of one-half in the property acquired by her and her husband and consider
the other half as pertaining to the conjugal partnership of the first marriage.”

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