Question A.2, 2019 Labor Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

A.2.

(Question A.2, Labor Law, 2019 Bar Exam)

X is a member of the Social Security System (SSS). In 2015, he died without any spouse or children. Prior to the semester of his death, X had paid 36 monthly contributions. His mother, M, who had previously been receiving regular support from X, filed a claim for the latter’s death benefits.

(a) Is M entitled to claim death benefits from the SSS? Explain. (2.5%)

(b) Assuming that X got married to his girlfriend a few days before his death, is M entitled to claim death benefits from the SSS? Explain. (2.5%)

Suggested Answer:

(a) Yes. Answer

Under the Social Security Law, for purposes of claiming death benefits, the primary beneficiaries are the spouse or children; in their absence, the secondary beneficiaries are the parents who are receiving regular support. Rule

In the case at bar, M regularly received support from her child, X. When X died without any spouse or children, M qualified as a dependent of X as a parent who received regular support from the member-decedent. Apply

Thus, M is entitled to claim death benefits from the SSS. Conclusion

(b) No.

Under the Social Security Law, for purposes of claiming death benefits, the primary beneficiaries are the spouse or children; in their absence, the secondary beneficiaries are the parents who are receiving regular support. Rule

In the case at bar, X died legally married to his spouse who is a primary beneficiary. That being the case the spouse is entitled to claim death benefits from SSS, to the exclusion of M. Apply

Thus, M is not entitled to claim death benefits from the SSS. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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Subjects

Political Law, Labor Law

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