BERNARDINA P.

BARTOLOME, Petitioner,

vs.

SOCIAL SECURITY SYSTEM and SCANMAR MARITIME SERVICES, INC.,

Respondents.

G.R. No. 192531 November 12, 2014

PONENTE: Velasco, Jr.

TOPIC: Civil status of adopted upon death of adopter, biological parent

of adoptee as beneficiary

FACTS:

John Colcol was employed as electrician by Scanmar Maritime Services, Inc. He

was enrolled under the governments Employees Compensation Program (ECP). He died
due to an accident while on board the vessel. John was, at the time of his death, childless
and unmarried. Thus, petitioner Bernardina P. Bartolome, Johns biological mother and,
allegedly, sole remaining beneficiary, filed a claim for death benefits.

SSS denied the claim on the ground that Bernardina was no longer considered
as the parent of John since the latter was legally adopted by Cornelio Colcol. As such, it is
Cornelio who qualifies as Johns primary beneficiary, not petitioner.

According to the records, Cornelio died during Johns minority.

ISSUES:

1. Whether or not the death of the adopter during the adoptees minority results to the
restoration of the parental authority to the biological parents of the latter.
2. Whether or not Bernardina is considered as a legal beneficiary of John.

HELD:

FIRST ISSUE: Yes.

 The Court ruled that Johns minority at the time of his adopters death is a
significant factor in the case at bar. Under such circumstance, parental authority should
be deemed to have reverted in favor of the biological parents. Otherwise, taking into
account Our consistent ruling that adoption is a personal relationship and that there are
no collateral relatives by virtue of adoption, who was then left to care for
the minoradopted child if the adopter passed away?

The Court also applied by analogy, insofar as the restoration of custody is

concerned, the provisions of law on rescission of adoption wherein if said petition is
granted, the parental authority of the adoptees biological parents shall be restored if the
adoptee is still a minor or incapacitated.

The manner herein of terminating the adopters parental authority, unlike

the grounds for rescission, justifies the retention of vested rights and obligations between
the adopter and the adoptee, while the consequent restoration of parental authority in
favor of the biological parents, simultaneously, ensures that the adoptee, who is still
a minor, is not left to fend for himself at such a tender age.

From the foregoing, it is apparent that the biological parents retain their rights
of succession tothe estate of their child who was the subject of adoption. While the
benefits arising from the death of an SSS covered employee do not form part of the estate
of the adopted child, the pertinent provision on legal or intestate succession at least
reveals the policy on the rights of the biological parents and those by adoption vis--vis
the right to receive benefits from the adopted. In the same way that certain rights still
attach by virtue of the blood relation, so too should certain obligations, which, the Court
ruled, include the exercise of parental authority, in the event of the untimely passing of
their minor offsprings adoptive parent.

SECOND ISSUE: Yes.

The Court held that Cornelios adoption of John, without more, does not deprive
petitioner of the right to receive the benefits stemming from Johns death as a dependent
parent given Cornelios untimely demise during Johns minority. Since the parent
by adoption already died, then the death benefits under the Employees Compensation
Program shall accrue solely to herein petitioner, Johns sole remaining beneficiary.