I. Introduction
When a covered member of the Philippine Social Security System (SSS) dies, the surviving legal spouse is treated as a primary beneficiary, entitled—together with any minor or incapacitated children—to a lifetime monthly death pension under Republic Act No. 11199 (the Social Security Act of 2018, successor of R.A. 8282). Yet many surviving partners discover, sometimes only at the claims window, that the SSS will not treat them as “legal spouse” because their marriage was solemnised without a licence under Article 34 of the Family Code.
This article unpacks every relevant rule, case, and practical consideration surrounding the rejection of an SSS death claim on the ground that the marriage is an Article 34 union.
II. Legal Framework
| Instrument | Core provision relevant to Article 34 marriages |
|---|---|
| Family Code, Art. 3(2) | A valid marriage ordinarily needs a licence. |
| Family Code, Art. 34 | Exempts couples “who have lived together as husband and wife for at least five (5) years and without legal impediment” from having to secure a marriage licence, provided they both execute a “sworn statement” attesting to the cohabitation and lack of impediment. |
| RA 11199, §13-A | Defines SSS “primary beneficiaries” as the dependent spouse until he/she remarries, and dependent legitimate, legitimated, or legally adopted, and illegitimate children younger than 21 (or older if incapacitated). |
| SSS Circular No. 2019-012 (Consolidated Benefit Claim Guidelines) | Lists the documentary requirements for death benefits; for a spouse these include a PSA-issued Certificate of Marriage and a CENOMAR for the deceased. |
| SSS Commission Rules of Procedure (1975, as amended) | Provide the hierarchy of administrative appeal: Reconsideration → SSS Commission → Court of Appeals (§5, Rule VI). |
III. What Exactly Is an Article 34 Marriage?
Requisites
- Five-year continuous cohabitation as husband and wife immediately prior to the ceremony.
- No legal impediment (both must be single, widowed, or their prior marriages validly dissolved).
- Execution of a joint sworn affidavit before a person authorised to administer oaths, reciting the foregoing facts.
- Personal appearance of both parties at the solemnisation.
Form of the Certificate of Marriage
- The PSA form (formerly NSO Form 97) has a checkbox “Licence Exempted per Art. 34”.
- The solemnising officer keeps the Sworn Statement and transmits a copy to the Local Civil Registry (LCR).
Key Supreme Court Pronouncements
Case G.R. No. / Date Doctrine Ninal v. Badayog 133778, 14 Mar 2000 Article 34 is strictly construed; the 5-year period must have been completed “at the time of the marriage”. Republic v. Dayot 186390, 27 Jan 2016 Non-presentation of sworn affidavit or proof of cohabitation renders the marriage void for lack of a licence. People v. Dumo 190411, 29 Jan 2014 Good-faith belief in validity may bar criminal liability, but the marriage is still void if Art. 34 requisites absent.
IV. Why the SSS Rejects Article 34-Based Claims
Non-registration or late registration Unregistered certificates or those registered only after death create a presumption of simulation. The SSS treats the marriage as void, hence the claimant is not a legal spouse.
Incomplete documentary proof
- Missing PSA-retrievable marriage certificate with Art. 34 exemption annotation.
- Absence of the Sworn Statement of Cohabitation in LCR files.
- Conflicting records (e.g., CENOMAR of the deceased still shows “Single”).
Failure to prove the 5-year cohabitation
- Couples often marry quickly after discovering pregnancy or illness—cohabitation is shorter than 5 years; SSS rejects the licence exemption ab initio.
Prior subsisting marriage
- If either party was previously married and no annulment/ divorce/ death decree is on record, the later marriage is void bigamous; the surviving partner is a mere common-law spouse.
Administrative Practice: “Strict Scrutiny” Policy Internal SSS guidelines (unpublished but widely observed) tag Article 34 unions for documentary audit because of high “fraud risk”. Proof thresholds become steeper compared to licence-based marriages.
V. Consequences of Rejection
| Legal effect | Practical implication |
|---|---|
| Claimant ceases to be a “primary beneficiary.” | No monthly pension; at best the claimant may be appointed guardian-payee of minor children (SSS v. Aguas, G.R. 165546, 18 Aug 2015). |
| Minor illegitimate children may still qualify | They receive 50 % of the pension divided equally (RA 11199, §13-A (2)(b)), but only up to 10 child shares. |
| If there are only non-qualified heirs | A lump-sum refund equivalent to 36 monthly pensions is paid to the designated beneficiary or statutory heirs per Articles 195-197 of the Civil Code. |
VI. How to Overcome a Rejection
Gather corroborative proof of cohabitation
- Joint bank accounts, property titles, barangay certificates, voter’s or PhilHealth records showing same household address dating back ≥5 years.
- Witness affidavits (neighbors, relatives).
Obtain certified copies
- Certificate of Marriage with Art. 34 annotation from the PSA (LCR Civil Registry Documents Section).
- The Sworn Statement retained by the solemnising officer or LCR.
File a Motion for Reconsideration within 60 days of denial (§3, Rule III, SSS Commission Rules).
Appeal to the SSS Commission
- Notice of Appeal within 30 days from receipt of the MR denial (§5, Rule VI).
- Non-lawyers may personally file; however, legal counsel is advisable due to evidentiary standards.
Petition for Review to the Court of Appeals (Rule 43)
- Filed within 15 days from receipt of adverse Commission decision.
- CA reviews only questions of law or grave abuse of discretion.
Alternative: Petition for Judicial Declaration of Marriage Validity
- Declaratory Relief (Rule 63) before the Regional Trial Court—a favourable judgment can then be re-submitted to SSS.
- Takes longer but cures registration defects.
VII. Preventive Strategies for Couples in Article 34 Unions
| Stage | Action Item |
|---|---|
| Before solemnisation | Keep documented proof of cohabitation (joint lease, bills) dated back five years. |
| During solemnisation | Ensure the Sworn Statement is notarised on the same day and copies are filed with the LCR. |
| Immediately after | Order a PSA copy within three months to verify correct “Art. 34” annotation. |
| Periodic | Update PhilHealth, Pag-IBIG, GSIS/SSS records to indicate marital status, reducing “red flags” later. |
VIII. Interaction with Other Benefits
Employees’ Compensation (EC) death benefits – Administered by the SSS but governed by PD 626; the validity of marriage is still required for the spouse’s lifelong pension.
Pag-IBIG Provident and Housing Benefits – Pag-IBIG recognizes common-law partners only if designated in the Member’s Information Sheet; still better to have a valid Art. 34 certificate.
GSIS Survivorship Pension (for government employees) – Art. 34 marriages are accepted only if the supporting affidavit exists and was executed before the member’s death (GSIS Board Res. 114-14, 30 Oct 2014).
IX. Frequently Misunderstood Points
| Misconception | Clarification |
|---|---|
| “Five years of being boyfriend-girlfriend counts.” | No. The cohabitation must be as husband and wife under one roof (Ninal v. Badayog). |
| “An affidavit alone substitutes for a licence.” | Partly. The affidavit plus actual five-year cohabitation and no impediment substitute for a licence; all three elements must coexist. |
| “Late registration is allowed because the law is silent on deadline.” | Civil Registry Law (OCRG Circular 90-16) treats late registration as prima facie irregular; SSS will demand credible explanation. |
| “If the claim is denied, nothing else can be done.” | The law provides multi-tiered administrative and judicial review; many reversals have occurred when proper evidence was later produced. |
X. Conclusion
An Article 34 marriage is perfectly valid—but only when every statutory formality is meticulously followed and convincingly documented. Because the SSS must safeguard the integrity of the social insurance fund, it rigidly screens licence-exempt unions. The inevitable result is a higher incidence of death-benefit denials for surviving spouses whose paperwork is thin or flawed.
Claimants should be prepared to prove the 5-year cohabitation in detail, secure the sworn affidavit and PSA-issued marriage certificate, and, if necessary, pursue the administrative appeals laid down by the Social Security Act and the SSS Commission Rules.
This article is for informational purposes only and does not constitute legal advice. For personal situations, consult a Philippine lawyer or accredited SSS representative.