In the Philippines, the Social Security System (SSS) serves as a vital safety net for private-sector employees and their families. Upon the death of a member, the SSS provides a death benefit—either as a monthly pension or a lump sum—to the member's designated or legal beneficiaries. However, navigating the hierarchy of beneficiaries, particularly concerning the rights of legal spouses versus illegitimate children, requires a clear understanding of Republic Act No. 11199, also known as the Social Security Act of 2018.

I. The Hierarchy of Beneficiaries

Under the Social Security Act, beneficiaries are categorized into a strict hierarchy. The presence of beneficiaries in a higher category generally excludes those in lower categories from receiving benefits.

Primary Beneficiaries: The dependent legal spouse and the dependent legitimate, legitimated, legally adopted, or illegitimate children.
Secondary Beneficiaries: In the absence of primary beneficiaries, the dependent parents of the deceased member.
Designated Beneficiaries: In the absence of both primary and secondary beneficiaries, any person designated by the member in their SSS records.
Legal Heirs: In the absence of all the above, the benefits are paid to the member's legal heirs in accordance with the Law on Succession under the Civil Code.

II. Rights of the Legal Spouse

The legal spouse is considered a primary beneficiary, but eligibility is contingent upon specific legal and dependency criteria:

Legal Marriage: The spouse must be the legal husband or wife. In cases of bigamous marriages or multiple unions, only the first, valid marriage is recognized for SSS purposes, unless the first marriage was legally annulled or declared void ab initio.
Dependency Requirement: The spouse must be "dependent for support" upon the member. Under SSS rules, a legal spouse is presumed dependent unless they have remarried, cohabited with another person, or are gainfully employed/earning a significant income (though the "gainfully employed" restriction has been subject to various legal interpretations and SSS circular updates).
Disqualification: The legal spouse loses eligibility if they remarry or enter into a "common-law" relationship (cohabitation) after the death of the member.

III. Rights of Illegitimate Children

The Social Security Act of 2018 significantly clarified the status of illegitimate children, placing them firmly within the category of primary beneficiaries.

Equal Status as Primary Beneficiaries: Illegitimate children share the status of primary beneficiaries alongside the legal spouse and legitimate children. They are entitled to a share of the death benefit.
Dependency and Age Requirements: To qualify, the illegitimate child must be:
Unmarried;
Not gainfully employed; and
Under twenty-one (21) years of age.
Note: The age limit is waived if the child is over 21 but is incapacitated and incapable of self-support due to a physical or mental defect which is congenital or acquired during minority.
Proof of Filiation: For an illegitimate child to claim benefits, filiation must be established through recognized legal means, such as the child's birth certificate signed by the deceased parent, a written admission of paternity, or a court order.

IV. Distribution of Benefits: Pension vs. Lump Sum

The type of benefit depends on the member’s contribution history:

Monthly Pension: Granted if the member had paid at least 36 monthly contributions prior to the semester of death.
Lump Sum: Granted if the member had paid less than 36 monthly contributions.

Shared Benefits and the "Five-Child Rule"

When a member is survived by a legal spouse and children (legitimate and/or illegitimate), the monthly pension is shared:

Primary Pension: The legal spouse and the children share the basic monthly pension.
Dependent’s Pension: An additional allowance equivalent to 10% of the basic monthly pension or PHP 250.00 (whichever is higher) is granted to each dependent child, up to a maximum of five children.

The Priority Rule: In the distribution of the dependent's pension, legitimate, legitimated, or legally adopted children are preferred. Illegitimate children are only included in the "top five" count if there are fewer than five legitimate children.

V. Conflicting Claims and Common Issues

Legal complexities often arise when a deceased member has a legal spouse but was living with a common-law partner and had children with the latter at the time of death.

The Common-Law Partner: A common-law partner (concubine or "live-in" partner) is never eligible for SSS death benefits if the legal marriage of the member is still subsisting.
The Legal Spouse vs. The Illegitimate Child: Even if the member was estranged from the legal spouse for decades, the legal spouse remains the primary beneficiary unless the marriage was legally dissolved. However, the estrangement of the spouse does not invalidate the claims of the member's illegitimate children. Both the estranged legal spouse and the illegitimate children (as long as they meet the dependency criteria) will share the benefits.

VI. Required Documentation

To process a death benefit claim involving both spouses and illegitimate children, the SSS typically requires:

Death Certificate of the member (PSA authenticated).
Marriage Contract (for the legal spouse).
Birth Certificates of all children (to prove filiation and age).
Affidavits of Dependency and non-remarriage/non-cohabitation.
Valid IDs of the claimants.