Republic of the Philippines

SOCIAL SECURITY COMMISSION

Makati City
CONCHITA CONSING
REYES-MABALING,
Petitioner

SSS CASE NO. 12345 (11162014)

-versusFOR: PAYMENT OF DEATH

BENEFITS AND CORRECTION OF
RECORD
SOCIAL SECURITY SYSTEM,
Kabankalan Branch
Rep. by: Manolo Marquez
Respondent

ANSWER
Respondent, through the undersigned counsel, most respectfully states
that:
ADMISSIONS/DENIALS
1.
Paragraph 2 is admitted insofar as the personal circumstances of
the corporation are concerned;
2.
Paragraph 3 and Annex A are denied for lack of information or
knowledge sufficient to form a reasonable belief thereof;
3.
Paragraph 1 of Annex A is denied for the lack of specification
as to what a long time constitutes and lack of information; Annex A is
further denied for lack of documentary stamp certificate;
4.
Paragraph 4 of Annex A is specifically denied for reasons stated
in the Affirmative Defenses below;
5.
Annex B is admitted insofar as to prove that Conchita Reyes
and Consing Reyes are two distinct individuals;
6.
Paragraph 1 of Annex C is denied for the unclear timeline as to
the date of the alleged wedding; hence, insufficient information;
7.
Paragraph 2, 3 and 4 of Annex C are denied as to the truth of
the contents for lack of information or knowledge sufficient to form a
reasonable belief thereof;

8.
Paragraph 4 is further denied as to the lack of sufficient
evidence to prove the fact of the affiant and herein petitioner being
neighbors;
9.
Paragraph 5 is admitted insofar as it proves the existence of two
distinct persons Conchita Reyes and Consing Reyes;
10.

Paragraph 6 and 7 are admitted.

11.
Paragraph 8, 9, 10, 11 and 12 are denied for reasons stated in
the Affirmative Defenses below;
AFFIRMATIVE DEFENSES
12. Respondent reiterates, repleads and incorporates by reference
all the foregoing insofar as they are material and additionally submit that the
Petition should be dismissed because:
13. Petitioner has no capacity to sue as she is not the legitimate
spouse of JOSE REYES; hence, not the proper beneficiary to the Death
Benefits in accordance with Republic Act No. 8282, as amended, otherwise
known as the Social Security Law
14.
CONSING MABALING REYES who is the legitimate wife
and primary beneficiary of JOSE REYES and herein petitioner CONCHITA
MABALING REYES are two different persons, as evidenced by the
certified true copy of the Birth Certificate of CONSING MABALING and
Affidavit of CONSING MABALING, attached as Annex 1 and 2,
respectively;
15. CONSING MABALING REYES and not herein petitioner
CONCHITA MABALING REYES is the legitimate wife of JOSE REYES,
as evidenced by the certified true copy of the Marriage Contract of JOSE
MABALING and Affidavits of ANTONIO CRUZ and EDILBERTA
AQUINO who witnessed the marriage ceremonies, attached as Annex 3, 4
and 5, respectively;
16.
One CONSING MABALING and not herein petitioner
CONCHITA MABALING cohabitated with JOSE REYES as his spouse, as
evidenced by the Affidavits of JEHERCITO CRUZ, the Baranggay Captain
of Barangay Poblacion, Kabankalan, Negros Occidental, and HEMORINES
DAVID and JUANITA CHAN, the next-door neighbors of JOSE and
CONCHING REYES, attached as Annex 6, 7 and 8 respectively;
17.
It has been the voluntary act and deed of herein Petitioner to
file the Death Benefit claims as guardian of the then minor children of JOSE
REYES, as evidenced by the certified true copy of the SSS Application for

Death Benefits duly filled-out and signed by herein Petitioner, attached

herein as Annex 9;
18.
Throughout the application process for Death Benefits
abovestated, employees of herein respondent SSS have explained the
implications of the claim as a guardian and have assisted the respondent with
due diligence and outmost concern, as evidenced by the Affidavit of
WILHELMINA BLANCO, an SSS employee who have personally assisted
herein petitioner in her claim for Death Benefits, attached as Annex 10.

WHEREFORE, Respondent respectfully prays that judgment be

rendered in its favour by dismissing the Petition and granting other just and
equitable reliefs.
24 November 2014, Makati City.

BENSAUD DEGUSMAN
Counsel for Respondent
2nd Floor BGIDC Building, Lacson Avenue
Bacolod City
Tel # (032) 991-5938
Attorneys Roll: 58902
PTR 43251/ 010114 / Bacolod City
IBP 15234 / 010114 / Bacolod City
MCLE 46283/010114/Bacolod City

Republic of the Philippines )

CITY OF BACOLOD
) S.S.
X---------------------------------/
VERIFICATION
I, Manolo Marquez, Filipino, of legal age, married, and a resident of
#19-C Camelia Homes Subdivision, Bacolod City, Negros Occidental,
representing Social Security System, after having been sworn to in
accordance with law, depose and say:
That I am the respondent in this case; that I caused the preparation of
the foregoing Answer; that I have read and understood the contents thereof;
and, that the averments therein are true and correct of my own personal
knowledge..
November 24, 2014, Makati City.

Manolo Marquez
Respondent
LTO License No. AX7426428-3

ANNEX 1

ANNEX 2
Republic of the Philippines )
City of Kabankalan
)S.S.
x----------------------------------------x
AFFIDAVIT
I, CONSING MABALING-REYES, Filipino, of legal age, and a
resident of Barangay Poblacion, Kabankalan City, Negros Occidental,
having been duly sworn in accordance with law, hereby depose and state:
1. That I am the Consing Mabaling-Reyes that is being referred to in the
current case;
2. That I am the legitimate wife and primary beneficiary of Jose Reyes;
3. That Jose and I have five children namely: Jordan, Gaby, Isabel,
Benito and Elka;
4. That I have not yet filed a claim for Death Benefits with the Social
Security System as regards my husbands death; and
5. That I do not know any person named Conchita Mabaling-Reyes
and that I have never been known or known to use such name.
AFFIANTS FURTHER SAYETH NAUGHT
IN WITNESS WHEREOF, we have set our hands this 24th day of
November 2014 at Kabankalan City, Negros Occidental

CONSING MABALING -REYES

Affiant

SUBSCRIBED AND SWORN to before me this 17th day of

November, 2014 the Affiants are personally known to me and exhibiting to
me their CTC No. 681275, issued at Kabankalan City, Negros Occidental.
MICHAEL TAN
Notary Public til Dec.31, 2014
IBP No: 78524
PTR No: 09224
Roll No.: 313313

ANNEX 3

ANNEX 4
Republic of the Philippines )
City of Kabankalan
)S.S.
x----------------------------------------x
AFFIDAVIT
I, ANTONIO CRUZ, Filipino, of legal age, and a resident of
Barangay Poblacion, Kabankalan City, Negros Occidental, having been duly
sworn in accordance with law, hereby depose and state:
1. That I personally know Jose Reyes and Consing Reyes since 1960;
2. That I know that Consing Mabaling had not been known in any other
name aside from her name;
3. That I am a witness to the wedding of Jose Reyes and Consing
Mabaling;
4. That even after the wedding I have maintained communications with
the couple until Joses death; and
5. That Consing Mabaling that married Jose Reyes is different from the
Conchita Mabaling that is filling for claims for Death Benefits in
this case;
AFFIANTS FURTHER SAYETH NAUGHT
IN WITNESS WHEREOF, I have set our hands this 24th day of
November 2014 at Kabankalan City, Negros Occidental

ANTONIO CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this 23rd day of
November, 2014 the Affiants are personally known to me and exhibiting to
me their CTC No. 681275, issued at Kabankalan City, Negros Occidental.
NOTARIO PUBLICIO
Notary Public til Dec.31, 2014
IBP No: 78524
PTR No: 09224
Roll No.: 313313

ANNEX 5
Republic of the Philippines )
City of Kabankalan
)S.S.
x----------------------------------------x
AFFIDAVIT
I, EDILBERTA AQUINO, Filipino, of legal age, and a resident of
Barangay Poblacion, Kabankalan City, Negros Occidental, having been duly
sworn in accordance with law, hereby depose and state:
1. That I personally know Jose Reyes and Consing Reyes since 1963;
2. That I am a witness to the wedding of Jose Reyes and Consing
Mabaling;
3. That even after the wedding I have maintained communications with
the couple until Joses death; and
4. That Consing Mabaling that married Jose Reyes is different from the
Conchita Mabaling that is filling for claims for Death Benefits in
this case;
AFFIANTS FURTHER SAYETH NAUGHT
IN WITNESS WHEREOF, I have set our hands this 24th day of
November 2014 at Kabankalan City, Negros Occidental

ANTONIO CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this 23rd day of
November, 2014 the Affiants are personally known to me and exhibiting to
me their CTC No. 681275, issued at Kabankalan City, Negros Occidental.
NOTARIO PUBLICIO
Notary Public til Dec.31, 2014
IBP No: 78524
PTR No: 09224
Roll No.: 313313

ANNEX 6
Republic of the Philippines )
City of Kabankalan
)S.S.
x----------------------------------------x
AFFIDAVIT
I, JEHERICO CRUZ, Filipino, of legal age, and a resident of
Barangay Poblacion, Kabankalan City, Negros Occidental, having been duly
sworn in accordance with law, hereby depose and state:
1. That I am the Barangay Captain of Barangay Poblacion for the year
1975 to 1980;
2. That I personally know Jose Reyes and his wife Consing MabalingReyes;
3. That Consing Mabaling-Reyes has not been known to me as
Conchita Mabaling-Reyes;
4. That Consing Mabaling-Reyes has not used any other names or aliases
aside from her own name; and
5. That I attest that the person named as Conchita Mabaling-Reyes
presenting herself as Consing Mabaling-Reyes is a different person
from the one I know as Consing Mabaling-Reyes;
AFFIANTS FURTHER SAYETH NAUGHT
IN WITNESS WHEREOF, I have set our hands this 24th day of
November 2014 at Kabankalan City, Negros Occidental

JEHERICO CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this 23rd day of
November, 2014 the Affiants are personally known to me and exhibiting to
me their CTC No. 681275, issued at Kabankalan City, Negros Occidental.
PINACULO BULALO
Notary Public til Dec.31, 2014
IBP No: 78524
PTR No: 09224
Roll No.: 313313

ANNEX 7
Republic of the Philippines )
City of Kabankalan
)S.S.
x----------------------------------------x
AFFIDAVIT
I, HEMORINES DAVID, Filipino, of legal age, and a resident of
Barangay Poblacion, Kabankalan City, Negros Occidental, having been duly
sworn in accordance with law, hereby depose and state:
1. That I am the neighbor of Jose Reyes and Consing Mabaling-Reyes
since 1967;
2. That I personally know Jose Reyes and his wife Consing MabalingReyes;
3. That Consing Mabaling-Reyes has not been known to me as
Conchita Mabaling-Reyes;
4. That Consing Mabaling-Reyes has not used any other names or aliases
aside from her own name; and
5. That I attest that the person named as Conchita Mabaling-Reyes
presenting herself as Consing Mabaling-Reyes is a different person
from the one I know as Consing Mabaling-Reyes;
AFFIANTS FURTHER SAYETH NAUGHT
IN WITNESS WHEREOF, I have set our hands this 24th day of
November 2014 at Kabankalan City, Negros Occidental

HEMORINES DAVID
Affiant
SUBSCRIBED AND SWORN to before me this 23rd day of
November, 2014 the Affiants are personally known to me and exhibiting to
me their CTC No. 681275, issued at Kabankalan City, Negros Occidental.
PINACULO BULALO
Notary Public til Dec.31, 2014
IBP No: 78524
PTR No: 09224
Roll No.: 313313

ANNEX 8
Republic of the Philippines )
City of Kabankalan
)S.S.
x----------------------------------------x
AFFIDAVIT
I, JUANITA CHAN, Filipino, of legal age, and a resident of Barangay
Poblacion, Kabankalan City, Negros Occidental, having been duly sworn in
accordance with law, hereby depose and state:
1. That I am the neighbor of Jose Reyes and Consing Mabaling-Reyes
since 1955;
2. That I personally Consing Mabaling-Reyes even before her marriage
with Jose Reyes;
3. That Consing Mabaling-Reyes has not been known to me as
Conchita Mabaling-Reyes;
4. That Consing Mabaling-Reyes has not used any other names or aliases
aside from her own name; and
5. That I attest that the person named as Conchita Mabaling-Reyes
presenting herself as Consing Mabaling-Reyes is a different person
from the one I know as Consing Mabaling-Reyes;
AFFIANTS FURTHER SAYETH NAUGHT
IN WITNESS WHEREOF, I have set our hands this 24th day of
November 2014 at Kabankalan City, Negros Occidental

JUANITA CHAN
Affiant
SUBSCRIBED AND SWORN to before me this 23rd day of
November, 2014 the Affiants are personally known to me and exhibiting to
me their CTC No. 681275, issued at Kabankalan City, Negros Occidental.
PINACULO BULALO
Notary Public til Dec.31, 2014
IBP No: 78524
PTR No: 09224
Roll No.: 313313

ANNEX 9

ANNEX 10
Republic of the Philippines )
City of Kabankalan
)S.S.
x----------------------------------------x
AFFIDAVIT
I, WILHEMINA BLANCO, Filipino, of legal age, and a resident of
Barangay Poblacion, Kabankalan City, Negros Occidental, having been duly
sworn in accordance with law, hereby depose and state:
1. That I am an employee of the Social Security System Kabankalan
Branch since 1970;
2. That I have personally processed the claim applied for death benefits
by a Conchita Mabaling Reyes in behalf of her wards;
3. That I have personally interpreted to Conchita Mabaling Reyes the
effects of her application and that she have expressed that she has
understood its effects; and
4. That there were no objections to the application made by said
Conchita Mabaling Reyes by any party.
AFFIANTS FURTHER SAYETH NAUGHT
IN WITNESS WHEREOF, I have set our hands this 24th day of
November 2014 at Kabankalan City, Negros Occidental

WILHEMINA BLANCO
Affiant
SUBSCRIBED AND SWORN to before me this 23rd day of
November, 2014 the Affiants are personally known to me and exhibiting to
me their CTC No. 681275, issued at Kabankalan City, Negros Occidental.
PINACULO BULALO
Notary Public til Dec.31, 2014
IBP No: 78524
PTR No: 09224
Roll No.: 313313