In the Philippines, the loss of a breadwinner is not only a profound emotional tragedy but also a significant financial blow to the family. To mitigate this, Philippine law provides a comprehensive framework of benefits and legal remedies designed to support the heirs of a deceased employee.

Navigating these claims requires an understanding of the Social Security System (SSS) or Government Service Insurance System (GSIS), the Employees’ Compensation Commission (ECC), and the Labor Code.

1. Social Security Benefits (Private Sector)

For employees in the private sector, the Social Security System (SSS) is the primary provider of death benefits.

Death Pension: This is a monthly cash benefit paid to the primary beneficiaries (legitimate spouse and minor children) of a deceased member who had paid at least 36 monthly contributions prior to the semester of death.
Lump Sum Amount: If the deceased member had not reached the 36-month contribution requirement, the primary beneficiaries will receive a one-time lump sum payment instead.
Funeral Benefit: A cash reward (ranging from ₱20,000 to ₱60,000 depending on contributions) is paid to whoever paid for the burial expenses of the deceased member.

2. GSIS Benefits (Public Sector)

Government employees are covered by the Government Service Insurance System (GSIS) under Republic Act No. 8291.

Survivorship Pension: The surviving spouse and dependent children are entitled to a monthly pension, provided the deceased was in service at the time of death or was a retired pensioner.
Life Insurance Benefits: Depending on the type of policy (Life Endowment Policy or Enhanced Life Policy), the heirs may receive the proceeds of the employee’s life insurance.
Funeral Benefit: Currently fixed at ₱30,000, paid to the party who can prove they shouldered the funeral expenses.

3. Employees’ Compensation (EC) Program

If the death occurred due to a work-related accident or illness (known as the "theory of increased risk"), the family can claim additional benefits through the Employees' Compensation Commission (ECC). This is on top of the regular SSS/GSIS benefits.

EC Death Pension: An additional monthly income benefit for the spouse (until remarriage) and dependent children.
Carer’s Allowance: Provided if the employee suffered a permanent disability before death that required a caregiver.

4. Labor Code and Contractual Benefits

Beyond social insurance, the employer has specific obligations under the Labor Code of the Philippines and the individual employment contract.

Final Pay: The family is entitled to the "Final Pay" of the deceased, which includes:
Unpaid salary for work rendered.
Pro-rated 13th-month pay.
Cash conversion of unused Service Incentive Leaves (SIL).
Separation Pay: Generally, death does not trigger separation pay unless the employment contract or a Collective Bargaining Agreement (CBA) specifically provides for "Death Benefits" to be paid by the employer.
PAG-IBIG Fund (HDMF): The heirs can withdraw the total accumulated value (TAV) of the member’s savings, plus a death benefit (if applicable).

5. Legal Remedies for Negligence

If the death was caused by the employer’s negligence or failure to maintain a safe workplace (e.g., violation of Occupational Safety and Health Standards), the heirs may pursue judicial remedies:

Civil Indemnity

Under the Civil Code of the Philippines, the family may file a civil suit for Damages. This includes:

Civil Indemnity for Death: A fixed amount (currently jurisprudentially set at ₱50,000 to ₱100,000).
Loss of Earning Capacity: Compensation for the income the deceased would have earned had they lived (calculated based on life expectancy and net income).
Moral and Exemplary Damages: For the mental anguish suffered and to set an example for public good.

Criminal Liability

If the death resulted from "Reckless Imprudence Resulting in Homicide" (under the Revised Penal Code), the family may file criminal charges against the responsible officers of the company.

Summary of Primary Beneficiaries

In Philippine law, benefits are generally distributed in this hierarchy:

Primary Beneficiaries: Legitimate surviving spouse (until remarriage) and dependent children (legitimate, legitimated, legally adopted, or illegitimate) who are unmarried, not gainfully employed, and under 21 years old.
Secondary Beneficiaries: In the absence of primary beneficiaries, the dependent parents.
Designated Beneficiaries: In the absence of the above, the person designated by the member in their records.

Note: For illegitimate children, Philippine law mandates they receive a specific portion (usually 50% of the share of a legitimate child) in certain benefit schemes.

Would you like me to draft a checklist of the specific documents required to file an SSS or GSIS death claim?