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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