In the Philippines, the sanctity of marriage is a constitutionally protected inviolable social institution. However, the legal reality often grapples with "void" marriages—unions that were never valid from the beginning—and "bigamous" marriages, where a person enters a second union while a prior one still subsists.
When a spouse in such a union passes away, a legal tug-of-war often ensues over death benefits from institutions like the Social Security System (SSS), the Government Service Insurance System (GSIS), or private insurance and inheritance.
1. The Fundamental Distinction: Void vs. Voidable
To understand benefit eligibility, one must distinguish between the status of the marriage under the Family Code of the Philippines:
- Void Marriages (Article 35, 36, 37, 38): These are considered never to have existed (void ab initio). Examples include those contracted by any party below 18, those without a license, bigamous marriages, and those where a party is psychologically incapacitated.
- Voidable Marriages (Article 45): These are valid until annulled by a court. If a spouse dies before the marriage is annulled, the surviving spouse is generally treated as a legal beneficiary.
2. The Bigamous Marriage Dilemma
A bigamous marriage is inherently void under Article 35(4) of the Family Code. However, the rights of the "second" spouse depend heavily on their good faith.
The "Primary Beneficiary" Rule
Under the SSS and GSIS laws, the "legal spouse" is considered a primary beneficiary.
- The First Spouse: In a bigamous situation, the first spouse is the only "legal" spouse. Even if the deceased had been separated from the first spouse for decades and living with a second "wife/husband," the first spouse generally retains the right to death benefits.
- The Second Spouse: Even if the second spouse acted in good faith (unaware of the prior marriage), they are typically disqualified from claiming death benefits as a "surviving spouse" because the marriage is legally non-existent.
The Exception: Article 41 (Presumptive Death)
The only instance where a second marriage is valid despite a prior one is when the prior spouse has been absent for four consecutive years (or two years in case of danger of death), and the present spouse obtained a judicial declaration of presumptive death before remarrying. If this procedure was skipped, the second marriage is bigamous and void.
3. Property Regimes and "Co-ownership"
While a spouse in a void marriage may lose "death benefits" (pensions), they may still have a claim to properties acquired during the union under Article 147 or Article 148 of the Family Code.
- Article 147 (Parties capacitated to marry): If the union is void for reasons other than a prior marriage (e.g., lack of license), the properties acquired through joint efforts are owned in common.
- Article 148 (Bigamous/Adulterous unions): Only the property clearly proven to have been acquired by the individual's actual joint contribution of money or industry will be shared. If the second spouse cannot prove their financial contribution, the property may revert to the estate of the deceased or the first (legal) marriage.
4. Jurisprudence: The Supreme Court’s Stance
The Philippine Supreme Court has consistently ruled that the "dependent spouse" for purposes of social security benefits must be the legal spouse.
In the landmark cases involving SSS, the Court has held that the "designation of a beneficiary is an act of grace on the part of the policyholder, but in the case of social security, the law determines the beneficiary."
If a member designates a common-law spouse or a spouse from a bigamous marriage as their beneficiary, the SSS/GSIS can disqualify that person if a legal spouse or legitimate children surface to contest the claim.
5. Rights of Children in Void/Bigamous Marriages
It is crucial to distinguish between the spouse and the children.
- Psychological Incapacity (Art. 36): Children born from marriages declared void under Article 36 are considered legitimate.
- Bigamous Marriages: Children born from bigamous marriages are generally considered illegitimate under the law.
- Benefit Claims: Even if the second spouse is disqualified from receiving a pension, the children (whether legitimate or illegitimate) are usually entitled to a share of death benefits as secondary or primary beneficiaries, depending on the specific charter of the providing institution.
Summary Table: Claims in Bigamous Unions
| Entity/Benefit | First (Legal) Spouse | Second (Bigamous) Spouse |
|---|---|---|
| SSS/GSIS Pension | Entitled (Primary Beneficiary) | Generally Disqualified |
| Succession (Inheritance) | Compulsory Heir | No rights (Not a legal spouse) |
| Article 148 Properties | Claims through the estate | Only if actual contribution is proven |
| Insurance (Private) | Depends on designation | May claim if designated, unless disqualified by local laws on "concubinage" |
Conclusion
In the Philippine context, "good faith" in a second marriage provides limited protection. While it may mitigate criminal liability for bigamy, it does not validate a void union for the purpose of claiming death benefits. The law prioritizes the first, legally subsisting marriage to maintain the integrity of the family as the foundation of the nation. For the second spouse, recovery is often limited to properties they can prove they personally funded.