Petitioner Veuda de Conseguera (Basilia Berdin) assails the decision of GSIS because divided equally the retirement insurance benefits of the deceased (P6,304) Jose Consuguera where one half went to the family of the first marriage, and one half to the family of petitioner and her 7 children.
| Petitioner Basilia | Respondent Diaz |
| Since the deceased husband designated his life insurance benefits to me, I am also entitled to the retirement benefits, to the exclusion of the first wife, Rosario Diaz. | We are the only ones entitled because we are the legal heirs. |
Decisions:
GSIS: 8/16 goes to Respondent Diaz, 8/16 goes to Petitioner and 7 children (1/16 each).
CFI: Confirmed GSIS
SC: Affirmed GSIS and CFI
Issue 1: Is Basilia’s contention tenable?
Ratio: No. GSIS provisions, RA 660, do not automatically grant the benefits of retirement insurance to beneficiaries of life insurance. The employee must file an application and state the beneficiaries in that application.
Issue 2: To whom should retirement insurance proceeds be granted?
Ruling: To both. Because the second marriage was contracted in good faith. Quoting Gomez vs Lipana “”[t]he only lust and equitable solution in this case would be to recognize the right of the second wife to her share of one-half in the property acquired by her and her husband and consider the other half as pertaining to the conjugal partnership of the first marriage.”
English