SSS Death Benefit Claims When the CENOMAR/Advisory Shows Multiple Marriages (Philippine Context)

This is practical legal information for the Philippines. It is not a substitute for advice from your lawyer or the SSS. Laws commonly cited here include the Social Security Act of 2018 (RA 11199) and the Family Code (incl. Articles 35, 40–41, 52–54), plus the Code of Muslim Personal Laws (PD 1083).

The short version

SSS pays death benefits to “primary beneficiaries” first—the legal, subsisting spouse at the time of death and the member’s dependent children. If none, benefits go to secondary beneficiaries (dependent parents). If still none, to designated beneficiaries or legal heirs.
If a PSA CENOMAR/Advisory on Marriages shows more than one marriage, SSS will pay only the valid, subsisting spouse (unless Muslim personal law applies). Subsequent bigamous marriages are void unless the first marriage ended by death or a final court decree (annulment/nullity/recognized foreign divorce) properly recorded in civil registry entries before the next marriage.
Children (legitimate, legitimated, legally adopted, and illegitimate) may qualify as primary beneficiaries if they are unmarried, not gainfully employed, and under 21 (or of any age if permanently incapacitated). Their rights do not depend on whether their parents’ marriage was valid.
Where Muslim personal law governs and plural marriages are validly contracted, more than one legal wife can share as primary beneficiaries (subject to proof under PD 1083 and civil registry/Shari’ah court records).
Spousal entitlement is until remarriage. Common-law partners are not “spouses” for SSS purposes.

Why SSS checks the CENOMAR/CEMAR

The PSA CENOMAR (often returned as an Advisory on Marriages/CEMAR if any marriage exists) is SSS’s quick way to see if:

there is a prior marriage that may still be subsisting,
a court decree dissolving an earlier marriage exists and is annotated on the PSA records, and
there are name/entry inconsistencies needing correction.

If multiple marriages appear, SSS uses the Family Code rules to decide which marriage is valid and therefore who is the legal spouse.

Who gets paid first: the beneficiary ladder

1) Primary beneficiaries (paid first)

Legal spouse (the marriage must be valid and subsisting at the time of death; entitlement ceases upon remarriage).
Dependent children: legitimate, legitimated, legally adopted, and illegitimate children who are unmarried, not gainfully employed, and under 21, or permanently incapacitated regardless of age.
- A posthumous child (conceived before but born after the member’s death) is included once born alive.

Practical effect: If there is a valid, subsisting spouse and at least one dependent child, they are the primary beneficiaries. If there is no valid spouse, the children receive (through their natural or court-appointed guardian).

2) Secondary beneficiaries

Dependent parents (if—and only if—there are no primary beneficiaries).

3) Designated beneficiaries / legal heirs

If there are no primaries or secondaries, SSS pays designated beneficiaries (if any); otherwise legal heirs under the Civil Code.

Marriage validity rules that SSS follows (and how they affect claims)

A. First marriage presumed valid

The first PSA-recorded marriage is presumed valid. Later marriages are void for bigamy unless the earlier marriage ended before the later one by:

Death of the first spouse, or
Final court decree of annulment or nullity (annotated on the PSA record), or
Recognized foreign divorce that capacitated the Filipino to remarry (requires judicial recognition in the Philippines and PSA annotation), or
Judicial declaration of presumptive death (Art. 41) before the later marriage.

If there’s no prior decree/annotation before the second marriage, SSS will generally treat the second marriage as void, and the first spouse is the legal spouse.

B. Void vs. voidable matters

Void marriages (e.g., bigamy, psychological incapacity under Art. 36) produce no spousal rights; children are illegitimate but still eligible as dependent children for SSS.
Voidable marriages (e.g., lack of parental consent for 18–21) are valid until annulled by final judgment.

C. Article 40/52–53 compliance

Even if there is a court decree, a subsequent marriage can still be void if required entries and property partitions (Arts. 52–53) were not recorded before the next marriage. SSS typically looks for PSA-annotated copies to confirm compliance.

D. Muslim personal law (PD 1083)

For Muslims, a man may validly marry up to four wives, subject to strict conditions. If the deceased was legally married to more than one wife under PD 1083, and the marriages are properly recorded, SSS can recognize all legal wives as primary beneficiaries (together with eligible children). Expect SSS to require Shari’ah court/LCRO documents and PSA entries.

E. Foreign marriages and divorces

A marriage abroad is recognized in the Philippines if valid where celebrated and properly reported/recorded.
A foreign divorce may capacitate the Filipino spouse to remarry only after a Philippine court recognizes the foreign judgment; SSS will look for the RTC recognition decision and PSA annotation before treating the later marriage as valid.

What SSS pays (and when)

Monthly death pension vs lump-sum: In general, if the member has at least the minimum required number of contributions (commonly discussed as 36 monthly contributions prior to the contingency), primary beneficiaries get a monthly pension; if fewer, a lump-sum is paid. (Exact thresholds and amounts change—SSS will compute per its prevailing schedule.)
Dependent’s pension for children: Eligible minor/dependent children may receive an additional dependent’s pension (subject to SSS’s rules on who qualifies and caps on the number of children).
Funeral benefit: Payable to the person who shouldered the funeral expenses (not necessarily a beneficiary), upon presentation of receipts and required IDs.

Tip: When the spouse is disqualified (e.g., second bigamous marriage), children can still receive. If there’s no spouse, a natural or court-appointed guardian receives in trust for the children.

Typical multiple-marriage scenarios and who gets paid

Two PSA-recorded marriages, no decree on the first
- Legal spouse: First spouse.
- Second spouse: Not a spouse in SSS’s eyes.
- Children: All eligible dependent children (from any relationship) can receive as children.
First marriage annulled/nullified with finality and PSA annotation BEFORE the second marriage
- Legal spouse: Second spouse.
- Children: Eligible dependent children (from all unions) may receive as children.
First spouse predeceased the member; second marriage after death with PSA entries complete
- Legal spouse: Second spouse.
Foreign divorce recognized by a Philippine court and annotated BEFORE the second marriage
- Legal spouse: Second spouse.
Muslim decedent with plural valid marriages under PD 1083
- Legal spouses: All valid wives.
- Children: Eligible dependent children.
- Sharing: SSS will apportion among legal wives/children per its internal rules once validity is proven.
Separated-in-fact (no court decree), only one marriage on record
- Legal spouse: Still the spouse (entitled until remarriage), regardless of separation-in-fact.
- Partner in a subsequent cohabitation: Not a spouse.

How SSS decides when the CENOMAR/CEMAR shows more than one marriage

Expect SSS to ask for:

PSA-issued:
- Death Certificate of the member (with cause of death).
- Marriage Certificate(s) (with annotations if annulled/nullified/recognized foreign divorce).
- CENOMAR/Advisory on Marriages of the decedent and claiming spouse.
- Birth Certificates of all claiming children.
Court records, where applicable:
- RTC decisions (nullity/annulment/recognition of foreign divorce; presumptive death under Art. 41).
- Certificates of Finality and proof of civil registry annotation (Arts. 52–53 compliance).
- Shari’ah court/LCRO documents for Muslim marriages.
Status/eligibility proofs for children:
- Proof of minority/age, schooling, non-employment, or medical proof of permanent incapacity (if 21+).
- Acknowledgment/recognition documents for illegitimate children (e.g., father’s acknowledgment on the birth record, affidavit, or other acceptable proof).
Identity & payment:
- Valid government IDs; SSS numbers; bank/E-disbursement enrollment.
- Funeral receipts (for the funeral benefit).
Affidavits as needed:
- Affidavit of One and the Same Person (name discrepancies).
- Affidavit of Undertaking/No Remarriage (for spouse).
- Joint Affidavit of Two Disinterested Persons (factual clarifications).
- SPA or Guardianship order, if a non-parent guardian is to receive for a minor.

Decision pattern (in practice):

SSS presumes the earliest marriage valid unless a properly annotated decree shows it ended before any later marriage.
If there is a marriage validity dispute, SSS can withhold or re-route payment (e.g., pay the children) and require a court judgment to settle the spousal conflict.
Illegitimate children remain eligible as children regardless of their parents’ marital status.
Putative spouses (good-faith second spouses in void marriages) are generally not “spouses” for SSS purposes, though their children may claim.

Process: filing and resolution

Secure documents (PSA and court papers) and identify all beneficiaries (spouse, children, parents).
File the SSS Death Claim (and Funeral Benefit if applicable) at any SSS branch or online (if enabled).
SSS evaluates marital validity and child eligibility. They may issue notices for additional documents.
If SSS denies spousal status due to bigamy/invalid marriage, it may still approve children’s shares.
If contested, you can appeal to the SSS Commission within the prescribed period; further review may be sought before the Court of Appeals via Rule 43.

Timeliness: Death claims are subject to prescriptive periods under Philippine law. File as early as possible to avoid forfeiting rights or losing retroactive payments.

How benefits are shared (plain-English guide)

There is a valid spouse + eligible children → The spouse receives the basic monthly pension, and eligible children receive dependent’s pension per SSS rules (there are caps and prioritization rules SSS applies).
No valid spouse, but eligible children exist → Benefits are paid for the children, to their natural parent/guardian (or a court-appointed guardian).
No primary beneficiaries → Dependent parents receive (lump-sum or pension, depending on contributions and SSS rules).
No primaries and no secondaries → Designated beneficiaries or legal heirs receive lump-sum.

Remarriage of the spouse stops future spousal payments. Children’s entitlement continues while they remain eligible.

Special notes & common pitfalls

Separated-in-fact does not end spousal status; only death or a final, annotated decree does.
Unannotated court decisions: Even with a favorable RTC decision, SSS typically will not treat the next marriage as valid until the decree is properly annotated in the PSA records.
Foreign divorces: The recognition case in Philippine courts is usually indispensable before SSS treats a later marriage as valid.
Name/entry errors in PSA documents can derail claims—file corrections under RA 9048/10172 (as applicable) or use affidavits where allowed.
Illegitimate child claims: Secure proof of paternity/filial relation (e.g., acknowledgment on the birth certificate, DNA if contested, or other acceptable evidence).
Child over 21 with disability: Provide medical proof of permanent incapacity and dependency.
Muslim law: Ensure juridical proof that the marriages complied with PD 1083 and are recorded.
Common-law partner: Not a “spouse” for SSS—cannot claim as spouse, but their minor children with the member can.

Practical checklist (multiple-marriage situations)

Identify the subsisting marriage at the time of death.
Gather PSA: Death Certificate; Marriage Certificates (with annotations); CENOMAR/Advisory for both decedent and claimant.
If relying on annulment/nullity/foreign divorce/presumptive death, attach the RTC decision, certificate of finality, and PSA annotation.
List all children and secure their PSA birth certificates + proofs of dependency.
Prepare IDs, bank enrollment, and funeral receipts (if claiming funeral benefit).
Cure document defects early (name errors, missing annotations).
If there is a genuine dispute (e.g., two claimants for spouse), be ready to litigate or to focus first on the children’s benefits while spousal status is resolved.

Frequently asked questions

Q: The CENOMAR/CEMAR shows two marriages. Can both wives claim? A: Under the Family Code (non-Muslim), no—only the valid, subsisting spouse can claim. Exception: If the decedent was Muslim and both marriages were valid under PD 1083, both can claim.

Q: We were only living together. Can I claim as spouse? A: No. Common-law partners are not spouses for SSS. Your minor children with the member may claim as children.

Q: The second marriage happened before the first marriage’s annulment was annotated. Is the second spouse entitled? A: Generally no. Without prior, properly annotated termination of the first marriage, the later marriage is typically void.

Q: If my husband dies and I remarry, do I lose the pension? A: Yes; spousal entitlement is until remarriage.

Q: Are SSS death benefits taxable or part of the estate? A: As a rule, SSS benefits are not subject to income tax and are typically outside the decedent’s estate because they vest by law in beneficiaries. Confirm specific tax questions with the BIR or your tax counsel.

Takeaways for claimants

Start with the documents. In multiple-marriage cases, the winner is usually the paper trail—PSA entries and properly annotated court decrees.
Children are protected. Even where a marriage is void, eligible children can still receive.
Don’t ignore Muslim law. If PD 1083 applies, more than one wife may be entitled.
File early and completely. Avoid prescription issues and payment delays.
If SSS denies the spousal claim, you can appeal—but consider seeking the children’s benefits first to avoid further delay.

If you’d like, tell me your scenario (dates of marriages, whether there are court decrees and PSA annotations, and details of any children). I can map who likely qualifies and list the exact documents you’ll need in your case.