This article explains how benefits and inheritances are claimed when the deceased left two “spouses,” touches on criminal and civil effects of bigamy, and maps out evidentiary and procedural routes for heirs. It is written for practical use by families, HR officers, claims handlers, and lawyers.

1) Why “second marriages” become legally messy

Bigamy risk. Under the Revised Penal Code (Art. 349), a person who contracts a second marriage while a prior valid marriage still subsists commits bigamy.
Void marriages. Under the Family Code, a subsequent marriage is void ab initio if contracted while the first marriage is still in force and there is no prior judicial declaration that the first marriage is void (Art. 40), or no judicial declaration of presumptive death of the absent spouse (Art. 41).
Good faith vs. bad faith. Even if a second marriage is void, the law protects certain civil interests when a party acted in good faith (e.g., property acquired by both parties through their work and industry under Art. 147).
Criminal vs. civil separation of issues. A bigamy case (criminal) is distinct from succession and benefit claims (civil/administrative). You do not need a bigamy conviction to settle who the heirs are or who can claim benefits.

2) First questions to answer after death

Was the first marriage dissolved?
- By death (with PSA death certificate), or
- By annulment/nullity (final judgment; PSA annotation), or
- By foreign divorce that is judicially recognized in the Philippines (final PH court recognition; PSA annotation), or
- By presumptive death (final court declaration obtained before the second marriage).
If none of the above, any later marriage is generally void. The first spouse remains the legal spouse for succession and “legal spouse” benefits. The second “spouse” may still have property and equitable claims (see §6), and children from the second union have inheritance rights as illegitimate children (§4).

3) Who can claim what, in broad strokes

A. From the estate (inheritance)

Compulsory heirs: legitimate children/descendants, valid surviving spouse, parents/ascendants (in default of descendants), and illegitimate children.
A void second spouse is not a compulsory heir.
Illegitimate children inherit but at a reduced legitime compared with legitimate children (civil code rules on legitimes apply).
Representation and concurrence rules follow the Civil Code (e.g., grandchildren representing a predeceased child, concurrence of spouse and children, etc.).

B. From statutory/contractual benefits (agency- or policy-specific)

Government social insurance (e.g., SSS/GSIS), Pag-IBIG, PhilHealth, ECC, employer death benefits, private insurance, bank pay-on-death, memorial plans: each has its own eligibility rules, often prioritizing legal spouse and dependent children.
A void second spouse is typically excluded as “legal spouse.” However, designated beneficiaries in private insurance or employer programs may still receive proceeds if named, subject to rules on public policy, legitime impairment, and fraud.
Children—legitimate or illegitimate—are commonly recognized as beneficiaries, subject to documentary proof of filiation and dependency.

Practical takeaway: For estate matters, follow the Civil Code of succession. For benefit claims, check each program’s beneficiary hierarchy and documentation list. If “spouse” status is disputed, agencies often require a court order or undertakings (e.g., quitclaims, indemnity bonds) to release benefits.

4) Status of children from the second union

Children from a void marriage are generally illegitimate, but they inherit from their parents (they are compulsory heirs) and are entitled to support and to use their father’s surname when legally acknowledged (subject to statutory requirements).
Proof of filiation can be through the birth certificate with father’s acknowledgment, public documents, admissions, or DNA (expert testimony) if contested.

5) Proof of heirship: documents commonly required

Expect to assemble a bundle of primary civil registry documents and supporting papers:

Core civil registry records (PSA):

Death certificate of the decedent.
Marriage certificate(s): first marriage; second marriage.
Advisory on Marriages/CENOMAR for the decedent (and sometimes for the spouse/s).
Birth certificates of all claiming children.
Court decisions (final & executory) on annulment/nullity, recognition of foreign divorce, or presumptive death, with PSA annotations where applicable.
Recognition/admission of paternity documents, if relevant.

Supplementary papers:

IDs, proofs of dependency (school records, affidavits of support, receipts), guardianship papers for minors.
For private insurance: policy and beneficiary designation forms.
For employer benefits: HR certification, employment records, company plan rules.
For bank/memorial plans: contracts and beneficiary forms.
If the second spouse claims good-faith property rights: proof of joint acquisition (titles, deeds), contributions, income records.

When relationships are disputed:

DNA testing (via court order, or by agreement) to establish filiation.
Affidavits are helpful but are not conclusive when contradicted by public documents or law.

6) Civil effects of a void second marriage

A. Property between the parties (Art. 147 vs. 148)

Art. 147 (void marriage, both or one in good faith, no impediment other than absence of valid ceremony): Property acquired by their work or industry is co-owned in equal shares unless proof shows otherwise; bad-faith party forfeits his/her share in favor of common children (or, absent children, the innocent party).
Art. 148 (unions adulterous/bigamous/void for reasons like existing marriage): Only properties jointly acquired through actual joint contribution are co-owned; shares are proportionate to proven contributions; if both in bad faith, no forfeiture in favor of the other—benefit goes to the common children.

Implication for death claims: Even if not an heir, a good-faith second spouse may assert co-ownership over specific properties acquired during the union, separate from succession. This can affect the net estate distributable to heirs and, indirectly, what remains for estate-based benefits.

7) Criminal bigamy: when and why it matters

Elements: (1) a first valid marriage; (2) a subsequent marriage; (3) the first not dissolved; (4) the second was contracted.
Nullity of the second marriage is typically not a defense to bigamy if the first was subsisting when the second was contracted.
For benefit claims, filing bigamy is rarely necessary. What agencies need is status clarity (who is the legal spouse, who are the children), which can be resolved via civil registry records and, if needed, civil/special proceedings.

8) How to actually claim: step-by-step playbook

Step 1 — Map the family tree and status

Write down all putative spouses and children, with dates of marriages, births, separations, court cases, and deaths.
Identify which marriage is legally valid (see §2).

Step 2 — Gather records (see §5)

Secure PSA documents and certified copies of any court decisions.
If foreign divorce exists, file for judicial recognition in the Philippines if not yet recognized.

Step 3 — Triage by benefit source

Estate (inheritance): If there’s no will and no debts (or debts are settled), heirs may do an Extrajudicial Settlement under Rule 74 if all heirs are of age and consent; otherwise, open intestate proceedings in court.
SSS/GSIS/Pag-IBIG/PhilHealth/ECC/Employer/Insurance: File per-agency claims using their forms. Where spousal status is disputed, agencies often:
- Require competing claimants to submit documents;
- Put the claim on hold pending a court determination, or
- Accept quitclaims/indemnity from non-entitled parties (varies by agency).

Step 4 — If disputes persist, choose the right proceeding

Petition for declaration of nullity/annulment (if still necessary posthumously for records/annotations).
Civil action to determine heirship/partition or special proceeding for settlement of estate (the usual forum to settle heirship and shares).
Action for reconveyance/partition to enforce Art. 147/148 property rights of a good-faith partner.
Guardianship for minors’ property/benefit administration.
DNA motion if filiation is the only barrier.

Step 5 — Distribute and close

Pay estate taxes (estate tax return within statutory deadlines) to enable transfer of titles and release of funds.
Execute Deed of Extrajudicial Settlement (with publication and, when needed, bond), or follow court-issued project of partition.
Ensure minors’ shares are placed under proper guardianship or trust.

9) Typical scenarios and how they resolve

First marriage never dissolved; second marriage celebrated.
- Second marriage: void.
- Valid spouse: the first.
- Heirs: children from both unions; first spouse as compulsory heir.
- Benefits: “legal spouse” benefits typically go to the first spouse; children claim per agency rules. The second “spouse” may press co-ownership (Art. 148) over properties acquired with contributions.
First marriage void but no prior judicial declaration when second was celebrated.
- Second marriage still void without the prior judgment (Art. 40 rule).
- Regularize through the proper court declaration and PSA annotation if future acts depend on it.
- Heirship follows first scenario’s pattern.
Presumptive death obtained before second marriage.
- If the absent spouse was judicially declared presumptively dead and the contracting party acted in good faith, the second marriage is valid.
- Valid spouse: the one in the second marriage.
- Heirship and benefits proceed accordingly.
Foreign divorce exists but never recognized in PH.
- Until recognized by a PH court and annotated, the first marriage remains for PH purposes; later marriage is void.
- Remedy: Recognition of foreign divorce proceeding.
Private insurance names the second spouse as beneficiary.
- Insurer may pay the named beneficiary per contract (subject to restrictions against fraud/illegality).
- Heirs can still question transfers that impair legitimes or were made in fraud of creditors/heirs; resolution may need a civil action.
Employer death benefit without named beneficiary; two spouses claim.
- Employer/plan applies its rules; if uncertain, it may require a court determination or joint release with indemnities.

10) Evidence strategies when status is contested

Prioritize public documents (PSA certificates, annotated court decrees).
If records conflict, obtain certified true copies and explain variance (clerical error correction under R.A. 9048/10172 where appropriate).
Use admissions, photos, financial trails, and witnesses to prove good faith and contribution under Art. 147/148.
For filiation, if documentary proof is weak, consider DNA with proper chain of custody and expert testimony.
For competing heirs, propose escrow or interpleader-style deposits pending court resolution to avoid dissipation.

11) Drafting toolkit (starter language you can adapt)

Affidavit of Heirship / Extrajudicial Settlement (Rule 74):
- Identify the decedent, date/place of death, list all heirs (including illegitimate children), state no will/no debts or that debts are settled, and describe properties.
- Undertake publication for three consecutive weeks in a newspaper of general circulation.
- Attach PSA documents and IDs; for minors, identify their legal guardian.
Affidavit of Undertaking for Release of Benefits:
- Acknowledge competing claims; agree to indemnify the payor if a court later rules differently; attach supporting documents.
Complaint/Petition (Heirship/Partition/Settlement of Estate):
- Parties: all putative spouses and children.
- Causes of action: determination of heirship, accounting, partition, recognition of filiation, Art. 147/148 co-ownership, injunction vs. dissipation.

12) Red flags and common pitfalls

Skipping PSA annotations. Agencies and registries rely on annotated records; unannotated decrees cause rejections.
Relying on affidavits alone when public documents say otherwise.
Not listing all heirs (e.g., illegitimate children). Concealment can void settlements and expose signatories to liability.
Confusing benefit rules with succession rules—separate analyses are needed.
Delaying estate tax compliance, which blocks title transfers and can increase penalties.

13) Quick decision tree

Is there a valid prior dissolution/recognition before the second marriage?
- Yes → Second marriage likely valid. Treat second spouse as legal spouse.
- No → Second marriage likely void. First spouse is legal spouse.
Children from second union?
- Yes → They are compulsory heirs (illegitimate). Prepare filiation proof.
- No → Shares go to first spouse and legitimate heirs/ascendants per Civil Code.
What are you claiming?
- Estate → Use succession rules; consider Art. 147/148 property carve-outs.
- Agency/insurance benefits → Follow program rules; if status disputed, expect need for court order or releases.

14) Bottom line

A second marriage celebrated while the first remains undissolved is generally void; the first spouse remains the legal spouse.
Children from any union—legitimate or illegitimate—inherit from their parents (subject to legitime rules).
A good-faith second partner may recover co-ownership shares in properties acquired by their joint efforts even if not an heir.
For benefits, check the specific program’s beneficiary ladder; many require a court determination if “spouse” status is contested.
When in doubt, consolidate records, file the appropriate special proceeding for determination of heirship, and use Art. 147/148 to protect property rights that fall outside strict succession.

Practical help

If you want, provide the facts (dates of marriages, children, any court decrees, agencies you’ll claim from), and this can be turned into:

a customized document checklist,
a draft Extrajudicial Settlement, and
a claims roadmap tailored to the specific benefits involved.