CASE DIGEST: Akmad v. GSIS

 


AKMAD V. GSIS 
EMPLOYEES’ COMPENSATION COMMISSION CASE NO. 4897, May 9,1990

FACTS:

A. Akmad was a Muslim and an officer of the Philippine Army when he died due to cardio-respiratory arrest on May 6, 1985. The GSIS awarded the benefits die to the deceased’s first wife and her 5 minor children.  The second wife contended that she and her minor child are equally entitled to the benefits enjoyed by the first wife, in accordance with the Muslim Code.

The GSIS asserted that the first marriage of a Muslim male should be considered the valid marriage for purposes of adjudicating the benefits provided under the compensation law. It emphasizes that the law mentions the legitimate spouse as one of the primary beneficiaries of the deceased employee. GSIS further contends that the surviving spouse of the deceased employee from the first legal marriage is his legitimate spouse.

ISSUE:

Whether or not the second wife of a Muslim deceased member is also entitled to death benefits

RULING:

The second wife is also entitled to compensation benefits under PD 626.

The law permits a Muslim male to have more than one wife but not more than four at a time, provided ha can deal with them with equal companionship and just treatment as enjoined by the Islamic Law. Hence, herein appellant is entitled to the benefits being enjoyed by the first wife considering that under the Muslim Law, she is also considered a primary beneficiary.


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