Updated for Philippine practice and statutes in force as of mid-2024. Amounts and procedures can change by issuance or policy—verify with the concerned agency when you file.
1) Big picture: sources of benefits when an OFW dies
When an overseas Filipino worker (OFW) passes away, multiple, separate benefit systems may apply—often at the same time:
- Compulsory OFW Insurance (for agency-hired land-based OFWs) – paid by the recruitment agency under the Migrant Workers and Overseas Filipinos Act (Republic Act No. 8042 as amended by RA 10022; DMW/POEA rules).
- Seafarers’ Contractual Benefits – under the POEA/DMW Standard Employment Contract (SEC) and any Collective Bargaining Agreement (CBA).
- OWWA Death & Burial + ELAP – for active OWWA members.
- SSS Death Pension/Lump Sum and Funeral – for SSS-covered workers (including OFWs).
- Pag-IBIG (HDMF) Provident & Death Benefit – members’ Total Accumulated Value (TAV) plus additional death benefit per fund rules.
- Employees’ Compensation (EC/ECP) – if the death is work-related and EC contributions were paid.
- Employer/CBA/Private Insurance – any employer-provided coverage abroad or personal life insurance.
- Repatriation & Government Assistance – DMW (formerly POEA), DFA, MWO/POLO posts coordinate remains and benefits.
These are independent. Claim all that apply.
2) Legal bases (key frameworks)
- RA 8042 (Migrant Workers and Overseas Filipinos Act) as amended by RA 10022 and later issuances; created compulsory insurance for agency-hired land-based OFWs and mandated repatriation/assistance.
- RA 11641 (created the Department of Migrant Workers, “DMW”) integrating POEA/OWWA functions with other offices.
- Labor Code & DMW rules – employment claims, deployment regulations.
- POEA/DMW Standard Employment Contract (SEC) – particularly for seafarers; often sets fixed US-dollar benefits.
- SSS Law (RA 11199) – death pension/lump sum & funeral.
- Pag-IBIG Fund Law (RA 9679) – provident benefits, death benefit.
- Employees’ Compensation Program – EC benefits via SSS (private sector) or GSIS (public).
- Insurance Code and Insurance Commission rules – insurer obligations and dispute resolution.
- Civil Code on succession – order of heirs if no beneficiary is designated.
3) Who may claim (priority of beneficiaries)
- Named beneficiary in the policy/contract takes first priority.
- If none, legal heirs under Philippine law (typically the legitimate spouse and children; in their absence, parents; then other heirs by intestacy).
- For SSS: primary beneficiaries (legal spouse until remarriage and dependent children—legitimate/illegitimate/adopted); if none, secondary (dependent parents); if none, designated.
- For seafarers, the SEC or CBA may list a principal beneficiary and backup beneficiaries.
Always bring proof of relationship: PSA marriage certificate, PSA birth certificates of children, or PSA CENOMAR where relevant.
4) Typical benefit amounts (reference; check current circulars)
Compulsory OFW Insurance (agency-hired, land-based): • US$10,000 for natural death (minimum) • US$15,000 for accidental death (minimum) • US$1,000 burial benefit (minimum) • Repatriation of remains to the Philippines at insurer expense • Other riders (subsistence allowance, compassionate visit, money claims) may apply per policy and rules. • Claims must be paid within 10 days from filing of complete documents by law/rules.
Seafarers (POEA/DMW SEC): • US$50,000 death compensation to the designated beneficiary (employment-related), plus US$7,000 per child (usually up to 4) unless a CBA provides higher amounts. • Repatriation of remains. • CBA can substantially increase benefits—always check the specific CBA.
OWWA (active membership): • Death benefit for natural cause; higher for accidental cause. • Burial assistance (fixed peso amount). • ELAP: livelihood assistance for the surviving spouse/parents and educational assistance for one dependent (grade-level based). (Exact peso amounts are periodically revised by OWWA Board resolutions.)
SSS: • Death Pension (monthly) if qualifying contributions met; otherwise lump sum. • Funeral benefit (fixed/graded amount based on contributions and salary credit). • Separate from OWWA/insurance benefits.
Pag-IBIG (HDMF): • Provident claim = member’s TAV (contributions + dividends) plus an additional death benefit set by the Fund.
Employees’ Compensation (EC): • Pension or lump sum for work-related death (with EC contributions), plus funeral and survivorship benefits per EC rules.
Note: Exchange rates and policy revisions affect actual pesos you receive. Always attach a simple conversion sheet when submitting foreign-currency benefits to probate or for family records.
5) Immediate actions checklist (family or representative)
Secure documents abroad
- Foreign death certificate (and autopsy/police report if accidental).
- Employer letter/report; incident report.
- Employment contract; latest payslips; company ID/work visa.
Notify the DMW/Migrant Workers Office (MWO/POLO) at the host country and the Philippine Embassy/Consulate; coordinate with employer for repatriation of remains and effects.
Verify memberships: OWWA, SSS, Pag-IBIG, EC contributions; check for CBAs (seafarers) or private insurance.
Gather Philippine civil registry proofs: PSA copies of marriage/birth certificates, IDs, and a simple heirship affidavit (if needed for banks/insurers).
Designate a claimant/attorney-in-fact if some heirs are abroad or incapacitated (Special Power of Attorney).
6) Step-by-step: filing with each system
A. Compulsory OFW Insurance (agency-hired, land-based)
Where to file: The Philippine recruitment agency (which procured the policy) or the insurer named on the policy certificate; DMW can direct you to the correct insurer.
Core requirements (typical):
- Claim form from insurer; policy certificate or copy.
- Death certificate (foreign and PSA-transcribed when available); police/medical/autopsy if accidental.
- Passport, work visa/permit, employment contract validated by DMW.
- Proof of relationship (PSA marriage/birth certificates).
- Claimant’s valid IDs, bank details.
- Affidavit of circumstances (for accidents/unusual cases).
Timeline: By rule, payment within 10 days after complete filing. If denied/underdetermined: Elevate to the Insurance Commission (IC) for mediation/adjudication; you may also seek DMW assistance.
B. Seafarers (POEA/DMW SEC and CBA)
Where to file: The manning agency in the Philippines and/or the P&I Club/insurer indicated by the employer.
Core requirements:
- SEC/CBA, Seafarer’s Identification & Record Book, passport/visa.
- Master’s report, accident/incident report, medical/autopsy, death certificate.
- Beneficiary proofs (PSA documents).
- Agency claim forms; bank details.
Notes:
- Amounts may be higher under a CBA—request a copy from the manning agency.
- Disputes on employment-relatedness or amounts may go to voluntary arbitration or the NLRC/NCMB, depending on contract clauses.
C. OWWA Death & Burial + ELAP
Where to file: OWWA Regional Welfare Office (RWO) in the Philippines or through the MWO abroad.
Eligibility: Active OWWA membership at time of death (or within validity window). Documents (typical):
- OWWA claim form; OWWA membership proof.
- Death certificate; police/medical if accidental.
- Beneficiary proofs (PSA docs), claimant IDs; proof of relationship.
- For ELAP: school documents of the dependent; barangay/DSWD certificates for livelihood kit.
Output: Death benefit (natural/accidental rate), burial assistance, and ELAP package (livelihood + educational grant for one dependent).
D. SSS Death & Funeral
Where to file: Any SSS branch; many steps can start online (My.SSS). Eligibility: Sufficient paid contributions; beneficiary hierarchy applies.
Documents (typical):
- Death claim form; funeral claim form (may be filed by the payor of funeral expenses).
- Death certificate; medical/police if accidental.
- Report of Death (if employed).
- Beneficiary proofs (spouse/children/parents) and IDs; bank information.
- Contribution records (SSS has these; bring receipts if you have gaps).
Result: Monthly pension or lump sum, plus funeral benefit. Appeals: Reconsideration at SSS; then SSS Commission; judicial review thereafter.
E. Pag-IBIG Provident & Death Benefit
Where to file: Pag-IBIG branch or Consular outreach (for initial guidance). Documents:
- Provident Death Claim form; member’s MDF/number.
- Death certificate; claimant IDs; beneficiary proofs.
- Bank details; SPA if represented.
Result: Release of TAV plus additional death benefit per prevailing table.
F. Employees’ Compensation (EC/ECP) – if work-related
Where to file: Through SSS (private sector members). Documents:
- EC death claim form; employer’s report of injury/death; proof of EC contributions.
- Death certificate; medical/autopsy; accident reports. Prescription: Generally 3 years from the time of death/contingency for EC claims.
7) Repatriation of remains and last-mile logistics
- Employer, insurer, and DMW/MWO/DFA coordinate repatriation of the remains and personal effects.
- Keep receipts for funeral, transport, and documentation; these support burial/funeral claims.
- If immediate family cannot travel, request consular notarization of SPAs and affidavits abroad.
8) Taxes, estate, and bank matters (quick notes)
- Contractual/insurance proceeds payable to beneficiaries are generally not subject to income tax.
- Estate tax implications depend on whether proceeds are payable to the estate or irrevocably designated beneficiaries—seek counsel when large amounts or real property are involved.
- Banks may ask for Extrajudicial Settlement (with or without bond) and BIR CAR if releasing the decedent’s local accounts; this is separate from benefit claims.
9) Prescriptive periods & timelines (practical guide)
- Compulsory OFW Insurance: insurer must pay within 10 days from complete claim; actions on written contracts generally have long prescription, but act promptly.
- SSS: Claims are generally subject to 10-year prescription (except EC which is 3 years). File as soon as documents are ready.
- Labor money claims (unpaid wages/benefits) are typically 3 years under the Labor Code.
- Seafarers’ claims may be subject to the SEC/CBA period (often 1–3 years)—check the contract.
10) Common pitfalls (and how to avoid them)
- Missing beneficiary documents. Secure PSA marriage/birth certificates early; for foreign events, request PSA transcriptions after reporting the death to the Philippine Embassy/Consulate.
- Inactive OWWA membership. You may still claim under other systems; OWWA benefits require active coverage.
- Unclear employment-relatedness (seafarers/EC). Collect incident reports, medical records, and witness statements promptly.
- Undisclosed CBAs/Policies. Insist on copies from the manning/agency; CBAs can multiply benefits.
- Multiple heirs disputes. Use SPAs and, if needed, an Heirs’ Agreement/Extrajudicial Settlement to designate a single payee who will distribute shares.
11) Simple document pack (ready list)
- Government IDs of claimant(s)
- Passport of the deceased; work visa/permit
- Employment contract; payslips; company ID
- Overseas death certificate (+ autopsy/police report if accidental)
- Consular Report of Death (if available)
- PSA copies: death (when transcribed), marriage, children’s birth certs
- OWWA membership proof; SSS number; Pag-IBIG MID
- Bank details (claimant)
- SPAs (if representatives will file)
- For seafarers: SEC, CBA, Master’s report, vessel/port documents
12) Where to seek help (in the Philippines)
- DMW (Central Office or Regional Office): validation, insurer/agency coordination, complaints.
- OWWA Regional Welfare Office: OWWA benefits & ELAP.
- SSS Branch: death/funeral/EC claims.
- Pag-IBIG Branch: provident/death claim.
- Insurance Commission: insurer denials/delays.
- Public Attorney’s Office (PAO) or private counsel: complex disputes, estate issues.
13) Quick procedures at a glance
Land-based, agency-hired (natural death):
- Notify employer + MWO/Embassy → 2) Repatriation → 3) File Compulsory Insurance (via agency/insurer) → 4) File OWWA → 5) File SSS death + funeral → 6) File Pag-IBIG → 7) Consider EC (if work-related).
Seafarer, employment-related, with CBA:
- Notify manning agency/P&I, MWO/Embassy → 2) Repatriation → 3) Claim SEC/CBA death benefits → 4) Claim OWWA (if active) → 5) SSS + Pag-IBIG → 6) EC (if applicable).
14) Practical tips from case handling
- Create a single “Master File” (physical and digital) of all documents and receipts.
- Translate foreign death certificates if not in English; get consular/authentication if needed.
- Keep a contact log of every call/visit (dates, persons spoken to).
- Ask for written denials; they are essential for appeals (IC, SSS Commission, DMW).
- Compute shares among heirs in writing to avoid later disputes (use the Civil Code as guide).
- Track deadlines (EC 3-year rule; contract/CBA limits).
15) Model sworn statement (outline you can adapt)
Affidavit of Circumstances: Identify the affiant (claimant), the deceased (name, passport), employment details (employer, position, deployment dates), date/place/cause of death, relationship to deceased, list of attached documents, and a statement that the affiant is the proper beneficiary under the policy/contract/SSS/Pag-IBIG rules. Execute before a notary public or consular officer (abroad).
Final note
This guide is designed to let families file each applicable claim confidently and in the right order. If your situation involves contested heirship, uncertain employment-relatedness, or a denied claim, consult counsel or seek help from DMW/OWWA/SSS immediately.