The Government Service Insurance System (GSIS) provides survivorship pension benefits to the qualified dependents of deceased government employees or pensioners under Republic Act No. 8291, the GSIS Act of 1997, as amended. Among the most contested issues in the administration of these benefits is the eligibility of a “second spouse”—the person married to the GSIS member or pensioner after a previous marriage. Philippine family law, which is strictly monogamous, intersects directly with GSIS rules, making the validity of the second marriage the decisive factor in determining entitlement.

Legal Framework

The GSIS survivorship pension is a statutory benefit governed primarily by Sections 2, 17, 18, and 20 of RA 8291. It is granted upon the death of an active member or a retired pensioner to the primary beneficiaries, defined as:

The legal surviving spouse; and
The dependent children (legitimate, illegitimate, or legally adopted) who are below 18 years of age, or above 18 but incapacitated and incapable of self-support due to mental or physical defect.

If there is no surviving spouse or dependent children, the secondary beneficiaries (dependent parents) become entitled.

The monthly survivorship pension consists of the basic monthly pension (BMP) of the deceased, subject to specific sharing rules: the surviving spouse receives 50% of the BMP, while the remaining 50% is divided equally among the dependent children. The pension is payable for the lifetime of the qualified beneficiaries, with adjustments for the 13th month pension and other applicable increases.

GSIS strictly applies the Family Code of the Philippines (Executive Order No. 209) in determining who qualifies as the “legal surviving spouse.” Only a valid, subsisting marriage at the time of the member’s or pensioner’s death confers eligibility.

Eligibility of the Surviving Spouse

To qualify as the surviving spouse entitled to the pension, the claimant must prove:

A valid marriage to the deceased GSIS member or pensioner, duly solemnized and registered under Philippine law.
That the marriage was subsisting (not annulled, nullified, or terminated by death) at the exact moment of the member’s death.
That the claimant is not disqualified under any provision of law (e.g., bigamy).

The claimant must submit the original or certified true copy of the marriage certificate, together with the death certificate of the member and other supporting documents.

Special Rules for the Second Spouse

A second spouse becomes the legal surviving spouse—and therefore eligible for the survivorship pension—only when the member’s prior marriage has been lawfully terminated before the second marriage was contracted. Acceptable modes of termination include:

Death of the first spouse.
Final decree of annulment or declaration of nullity of the first marriage under Articles 36, 45, or other provisions of the Family Code.
Judicial declaration of presumptive death of the first spouse under Article 41 of the Family Code (after four years of absence, or two years in cases of danger of death, coupled with a well-founded belief that the absentee is dead).

If the first marriage was not terminated by any of these means, any subsequent marriage is bigamous and void ab initio under Article 35(4) and Article 41 of the Family Code. In such cases, the second “spouse” is not recognized as a legal spouse by GSIS and is disqualified from receiving the survivorship pension. The first legal spouse remains the qualified primary beneficiary, even if the member and the first spouse had long been separated in fact and the member had been cohabiting with the second partner for many years.

Philippine jurisprudence consistently upholds this rule. Courts have repeatedly ruled that GSIS cannot recognize a bigamous second marriage for purposes of survivorship benefits. Good faith on the part of the second spouse, length of cohabitation, or the birth of children from the second union does not cure the defect in the marriage. The pension follows the legal status of the marriage, not equitable considerations.

However, children born from a void second marriage are considered illegitimate children of the deceased member and may still qualify as dependent children entitled to their share of the survivorship pension, provided they meet the age and dependency requirements.

Remarriage of the Surviving Spouse

A significant distinction between GSIS and the Social Security System (SSS) is the effect of remarriage on the pension. Under GSIS rules, the survivorship pension granted to the legal surviving spouse continues for the rest of his or her life and is not terminated upon remarriage or entry into a common-law relationship. This lifetime character of the benefit is expressly recognized in GSIS policy and has been affirmed in administrative rulings. The pension only ceases upon the death of the surviving spouse-beneficiary.

This rule applies equally whether the recipient is the first or second legal spouse.

Claiming the Survivorship Pension: Procedure and Requirements

The surviving spouse (first or second) must file a claim with any GSIS branch within a reasonable time after the member’s death. Required documents generally include:

Duly accomplished Survivorship Pension Application Form.
Death certificate of the GSIS member or pensioner.
Marriage certificate between the claimant and the deceased.
If claiming as a second spouse: court decree of annulment/nullity of the first marriage or death certificate of the first spouse.
Birth certificates of dependent children.
Proof of dependency (for children above 18 who are incapacitated).
Valid government-issued identification cards.

If two or more persons claim to be the surviving spouse, GSIS will withhold payment and require the claimants to obtain a final court judgment declaring who the legal surviving spouse is. GSIS may be impleaded in the civil case as an interested party.

Once approved, the pension is released monthly through the claimant’s chosen bank or over-the-counter at GSIS offices. Back payments are granted from the date of the member’s death, subject to the applicable prescriptive period for filing claims.

Common Issues and Practical Challenges

Disputes frequently arise in the following situations:

De facto separation without legal annulment, followed by a second marriage or cohabitation.
Religious or customary marriages that were never registered civilly.
Cases where the first spouse disappeared for many years but no judicial declaration of presumptive death was obtained before the second marriage.
Fraudulent submission of documents or concealment of a prior marriage.

In all these cases, GSIS adheres strictly to the civil registry and court records. Claimants who believe they have been wrongfully denied benefits may appeal the GSIS decision to the GSIS Board of Trustees, and thereafter to the Court of Appeals via petition for review.

Children from both marriages may receive their respective shares as dependent children regardless of the legitimacy of the second marriage, provided dependency is established.

The GSIS survivorship pension for the second spouse is available only when that marriage is the valid and subsisting marriage under Philippine law at the time of the member’s death. The system prioritizes legal status over factual cohabitation or emotional ties. Claimants must therefore ensure that all prior marriages have been properly dissolved before entering a new one if they wish to secure eligibility for themselves or their children under the GSIS program. Proper documentation and, when necessary, judicial intervention remain essential to protect the rights of all parties involved.