Survivorship benefits

These are cash and/or pension

benefits which the beneficiaries are
entitled to receive in case a member
or a pensioner dies

"SECTION 20.Survivorship Benefits. When

a member or pensioner dies, the beneficiaries
shall be entitled to survivorship benefits provided
in Sections 21 and 22 hereunder subject to the
conditions therein provided for. The survivorship
pension shall consist of:
(1)the basic survivorship pension which is fifty
percent (50%) of the basic monthly pension; and
(2)the dependent children's pension not
exceeding fifty percent (50%) of the basic
monthly pension.

SECTION 21.Death of a Member. (a) Upon the

death of a member, the primary beneficiaries
shall be entitled to:
(1)survivorship pension: Provided, That the
deceased:
(i)was in the service at the time of his death;
or
(ii)if separated from the service, has at least
three (3)
years of service at the time of his
death and has paid thirty-six (36) monthly
contributions within the five-year period
immediately preceding his death; or has paid a
total of at least one hundred eighty (180)
monthly contributions prior to his death; or

(2)the survivorship pension plus a cash payment

equivalent to one hundred percent (100%) of his
average monthly compensation for every year of
service: Provided, That the deceased was in the
service at the time of his death with at least
three (3) years of service; or

(3) a cash payment equivalent to one hundred

percent (100%) of his average monthly
compensation for each year of service he paid
contributions, but not less than Twelve thousand
pesos (P12,000.00): Provided, That the deceased
has rendered at least three (3) years of service
prior to his death but does not qualify for the
benefits under the item (1) or (2) of this
paragraph

GSIS v. Montesclaros, G.R. No. 146494, July 14,

2004
Facts:
Nicolas Montesclaros filed with the GSIS an
application for retirement benefits. In this
application, he designated his wife, Milagros, as
his sole beneficiary. When Nicolas died, Milagros
filed with the GSIS a claim of survivorship
pension. GSIS denied the claim because under
Section 18 of PD 1146, the surviving spouse has
no right to survivorship pension if the surviving
spouse contracted the marriage with the
pensioner within three years before the
pensioner qualified for the pension. GSIS claimed
that Nicolas wed Milagros on 10 July 1983, less
than one year from his date of retirement on 17
February 1984.

SEC. 18. Death of a Pensioner. Upon

the death of a pensioner, the primary
beneficiaries shall receive the applicable
pension mentioned under paragraph (b)
of section seventeen of this Act: Provided,
That, the dependent spouse shall not be
entitled to said pension if his marriage
with the pensioner is contracted within
three years before the pensioner qualified
for the pension

Issue:
1. Whether Section 16 of PD 1146 entitles
Milagros to survivorship pension
Held:
YES. The proviso in Section 18 is
unconstitutional because it violates:
a. the due process clause
b. the equal protection clause

Meaning of Dependents

Re Application for Survivor's Benefits of Manlavi,

A.M. No. 10019-Ret, February 22, 2001
Facts:
This case involves an application for Survivor's
Benefits filed by Ms. Maylenne G. Manlavi,
legitimate daughter of the late Ernesto R.
Manlavi, a government employee. Maylenne's
application for Survivor's Benefits was in behalf
of herself and her six (6) half brothers and sisters
who are Ernestos illegitimate children. Marilou
Manvali, Maylennes mother whose whereabouts
were previously not known, reappeared and filed
her own application for Survivor's Benefits dated
January 3, 2000, by reason of the death of said
Ernesto Manlavi. Maylenne bitterly opposed this
application

Issue: Is Marilou Manvali entitled to the

Survivorship Benefits?
Held:
NO. In order to be entitled to the
Survivorship Benefits under R.A. 8291, the
beneficiary must be dependent upon the
GSIS member or pensioner for support.
Thus, Section 21(b) explicitly mentions
"dependent spouse" and "dependent
children" as those who shall receive
survivorship pension

(f) Dependents Dependents shall be

the following: (a) the legitimate spouse
dependent for support upon the member
or pensioner; 9 (b) the legitimate,
legitimated, legally adopted child,
including the illegitimate child, who is
unmarried, not gainfully employed, not
over the age of majority, or is over the
age of majority but incapacitated and
incapable of self-support due to a mental
or physical defect acquired prior to the
age of majority; and (c) the parents
dependent upon the member for support