MANILA, Philippines — The Supreme Court has ruled that death benefits under the Philippine Overseas Employment Administration contract must be granted exclusively to the surviving legal spouse, even if estranged from the seafarer, rather than being shared among the seafarer's legitimate and illegitimate children.
The RTC decided that Pedrito's death benefits were included in his estate. Citing POEA Memorandum Circular No. 10, series of 2010, the court said that the benefits should be distributed among the beneficiaries according to succession rules. The CA also affirmed that Cindy, being the legitimate child, is the legal heir of Pedrito and not his children with Elenita. The SC also pointed out that despite Cerena’s marriage being bigamous, it is not a ground for her to be disqualified as the legal heir and beneficiary of Pedrito.
Article 895 of the Family Code, as amended, states that if there are both legitimate and illegitimate children surviving, each illegitimate child will receive half of what each legitimate child gets, after fully satisfying the share of the surviving spouse.Meet the Affiliate Creators who have found success on TikTok ShopRamon Aboitiz Foundation Inc.
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