CASTILLO, Nina Beleen F.

BERNARDINA P. BARTOLOME, Petitioner,

vs.

SOCIAL SECURITY SYSTEM and SCANMAR MARITIME SERVICES, INC., Respondents.

G.R. No. 192531 November 12, 2014

FACTS:

John Colcol was employed as an 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 minor adopted 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.