GSIS Survivorship Benefits: Secondary Beneficiaries Win in Laroco v. GSIS

The Supreme Court recently clarified the rights of secondary beneficiaries—such as dependent parents—to GSIS survivorship benefits. In Laroco v. GSIS Committee on Claims (G.R. No. 267620, February 24, 2026), the Court struck down a GSIS rule that denied survivorship benefits to secondary beneficiaries when a member died in service with less than 15 years of creditable service. The ruling reaffirms a fundamental principle: an administrative agency cannot amend the law it is tasked to implement, no matter how well-intentioned the change may be.

The Facts of the Case

Cristie C. Laroco was a public school teacher at Camp Crame Elementary School. She died on October 24, 2017, after rendering about 13 years of government service and paying GSIS premiums for about 12 years. She died single and without children. Her father, Petronilo B. Laroco, was her sole heir and applied for survivorship benefits as her secondary beneficiary.

The GSIS Committee on Claims denied the application. It relied on Section 24.2.2 of the Revised Implementing Rules and Regulations (IRR) of Republic Act No. 8291, the Government Service Insurance System Act of 1997. Under that rule, when a member dies in service with less than 15 years of creditable service, only primary beneficiaries may receive survivorship benefits. Since Petronilo was only a secondary beneficiary—not a spouse or child—the GSIS denied his claim.

The GSIS Board of Trustees and the Court of Appeals both affirmed the denial. Petronilo elevated the case to the Supreme Court.

The Issue

The central question was whether Section 24.2.2 of the Revised IRR of RA 8291 was valid. Petronilo argued that the rule unlawfully amended Section 21 of RA 8291, which expressly allows secondary beneficiaries to receive survivorship benefits under certain conditions. The GSIS defended the rule as a proper exercise of its power to implement the law and protect the financial soundness of the Social Insurance Fund.

The Ruling: A Rule That Contradicts the Law Is Void

The Supreme Court ruled in favor of Petronilo. It declared Section 24.2.2 of the Revised IRR ultra vires—beyond the GSIS's authority—insofar as it contradicts Section 21(c) of RA 8291.

The Court examined the statutory scheme. Under Section 21(c) of RA 8291, in the absence of primary beneficiaries, secondary beneficiaries are entitled to a cash payment equivalent to 100% of the deceased member's average monthly compensation for each year of service for which contributions were paid, but not less than PHP 12,000. This applies when the member was in service at the time of death and had at least three years of service.

Section 24.2.2 of the Revised IRR, however, imposed an additional requirement: 15 years of creditable service before secondary beneficiaries could qualify. The Court found this plainly inconsistent with the law.

Why the GSIS Rule Could Not Stand

The Court emphasized that while RA 8291 grants the GSIS power to promulgate rules and regulations, that power must be exercised within the confines of the enabling statute. An administrative issuance cannot abridge, enlarge, or modify the law it implements. As the Court explained, citing Executive Secretary v. Southwing Heavy Industries, Inc., a regulation that imposes requirements not contemplated by the statute is void for being ultra vires and unreasonable.

The GSIS argued that the rule was meant to "equalize" the situation of secondary beneficiaries with retiring members, who must render at least 15 years of service to qualify for a monthly pension. The Court was not persuaded. Social security laws must be liberally construed in favor of the employee and their beneficiaries. If the GSIS believed the law needed amendment, its remedy was to seek legislative action from Congress—not to rewrite the law through an administrative issuance.

The Court also drew an analogy between survivorship benefits and permanent disability benefits, observing that death is the most permanent and total disability. Under the statutory framework of RA 8291, a member who has rendered at least three years of service and suffers permanent total disability is entitled to benefits similar in structure to the survivorship benefits at issue. The law itself already created the relevant distinctions among beneficiaries, and the GSIS had no authority to redraw them.

Practical Takeaways

• Secondary beneficiaries have rights under the law. Under Section 21(c) of RA 8291, dependent parents and other secondary beneficiaries may receive survivorship benefits when a member dies in active service with at least three years of service, provided there are no primary beneficiaries.
• The 15-year rule for secondary beneficiaries is void. The Supreme Court declared Section 24.2.2 of the Revised IRR of RA 8291 ultra vires to the extent it contradicts Section 21(c). The GSIS is enjoined from implementing it.
• Agencies cannot amend statutes through rules. Administrative issuances must be consistent with the law they implement. A rule that adds requirements not found in the statute will be struck down by the courts.
• Vested rights are protected. Once survivorship benefits accrue under the law, they are considered property rights protected by the Due Process Clause. They cannot be defeated by a mere administrative issuance.
• Document dependency and heirship. In this case, the father qualified as the sole legal heir. Claimants should be prepared to prove their relationship and dependency status when applying for benefits.

The case was remanded to the GSIS Committee on Claims to compute the survivorship benefits due to Petronilo in accordance with the law.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.