SSS SURVIVOR’S PENSION WITH AN ILLEGITIMATE CHILD
Philippine legal perspective — everything you need to know
1. Governing law and policy
| Instrument | Key provisions relevant to illegitimate children |
|---|---|
| Republic Act No. 11199 (Social Security Act of 2018) – supersedes R.A. 8282 | • § 8(k) (Definitions, Dependent Child) - includes illegitimate and legitimate children who are • unmarried • not gainfully employed • below 21 (or any age if permanently incapacitated). • § 13 & 13-A (Survivorship benefits) - identify primary beneficiaries (dependent spouse and children) and apportionment rules. • § 22(b) (10-year prescriptive period) – claim must be filed within 10 years from the member’s death. |
| SSS Circulars & IRR (e.g., 2019-013) | Operationalizes documentary proof of filiation, presumption of recognition, filing procedures, and internal computation worksheets. |
| Family Code, Arts. 172–176 | Rules on proof of filiation and equal protection clause that informs administrative interpretation against discrimination. |
| Constitution, Art. III §1 & Art. XV | Due-process and family-equality clauses invoked in jurisprudence to protect illegitimate children’s entitlement. |
Tip: SSS benefits are not part of the decedent’s estate; they are statutory entitlements governed solely by R.A. 11199 and its IRR. Intestate succession rules (Civil Code, Art. 887) do not apply.
2. Who are the beneficiaries?
Primary beneficiaries
a. Dependent spouse – until he/she remarries.
b. Dependent children (legitimate, legitimated, adopted and illegitimate) who are:
- ― unmarried
- ― not gainfully employed
- ― < 21 years, or any age if permanently incapacitated.
Secondary beneficiaries – parents who are at least 60 and dependent for support only if no primary beneficiary exists.
Designated beneficiaries – anyone named by the member only if neither primary nor secondary exist.
3. Apportioning the monthly survivor’s pension
| Scenario | Share of spouse | Share of each legitimate child | Share of each illegitimate child |
|---|---|---|---|
| Spouse + only illegitimate children | 50 % | – | Remaining 50 % divided equally |
| Spouse + legitimate + illegitimate children | 50 % | X | ½ X (each illegitimate gets half the portion of each legitimate) |
| No spouse; mix of children | – | X | ½ X |
| Only illegitimate children | – | – | 100 % divided equally |
X = 50 % ÷ number of legitimate children
Dependent’s allowance: each qualified child (legitimate or illegitimate) gets +10 % of the basic pension or ₱250, whichever is higher, up to five children (eldest adjudged as first).
4. Contribution requirement & pension vs. lump-sum
| Condition at death | Paid contributions ≥ 36 months | Paid < 36 months |
|---|---|---|
| Survivorship benefit | Monthly pension (formula below) | Lump-sum equal to total contributions + 3 years’ worth of computed pension |
Basic monthly pension (BMP)
BMP = 300 + 20 % of average monthly salary credit (AMSC) + 2 % × (credited years – 10) Minimum: ₱1 000 (10-19 CYS) | ₱1 200 (20-29 CYS) | ₱2 400 (30 + CYS)
5. How to qualify an illegitimate child
| Requirement | Notes |
|---|---|
| Proof of filiation | PSA-issued birth certificate (BC) bearing the deceased as father/mother or BC + recognition documents (e.g., Affidavit of Acknowledgment, RA 11222 administrative adoption order). |
| Proof of dependency | School ID/records, Certificate of Non-Employment (if 18-21), medical certificate if incapacitated. |
| Death certificate of member | PSA-authenticated. |
| Claim forms | SSS Forms: BPN-103 (Death Claim), CLD-13A (for children), SS ID Application if needed. |
| Filing window | Within 10 years from the member’s death. Late claims are time-barred. |
No need to prove recognition R.A. 11199 removed the earlier “acknowledged/recognized” qualifier found in § 8(e) of R.A. 1161. Today, a PSA birth certificate listing the parent suffices.
6. Common jurisprudence
| Case | G.R. No. | Doctrine |
|---|---|---|
| SSS v. Aguas (2005) | 165546 | SSS benefits are statutory; cannot be waived or assigned; illegitimate children may directly claim notwithstanding intestate proceedings. |
| SSS v. Lanceta (2002) | 175696 | Primary beneficiaries exclude common-law partner unless legally married; child born outside wedlock is still primary. |
| Heirs of Litonjua v. SSS (2016) | 202656 | Disability or survivorship pensions are imprescriptible once approved, but the right to apply prescribes in 10 years (sec 22). |
| SSS v. Torres (2019) | 239117 | Computation of illegitimate child’s share should follow R.A. 11199 ratio; discrimination under Art. 992 Civil Code does not apply to social legislation. |
7. Practical scenarios
Member leaves a legal wife + one legitimate son + two illegitimate daughters (ages 15 & 10). Spouse: 50 % BMP Legitimate son: X = 50 % ÷ 1 = 50 % Each illegitimate daughter: ½ X = 25 %
Member single, survived by 3 illegitimate children (ages 12–19). No spouse. Pension divided 1/3 each; eldest enjoys dependent’s allowance first; allowance continues until child marries, becomes employed, or turns 21, after which re-allocation occurs.
Illegitimate child turns 21 but is later diagnosed with severe cerebral palsy (permanent). He may re-qualify on proof of permanent incapacity; pension is proportionally adjusted.
8. Interaction with other SSS benefits
| Benefit | Compatible with survivor’s pension? | Notes |
|---|---|---|
| Funeral grant (₱20 000–₱40 000) | Yes | Paid once to the person who shouldered burial expenses; may be the illegitimate child. |
| Employees’ Compensation (EC) death benefits | Yes, separate fund | Same primary-beneficiary hierarchy; filing handled by SSS as administrator of EC for private sector. |
| Dependents’ pension | Built-in (10 %/₱250) | Not separate from BMP. |
| 13th-month pension | Automatic | Released every December. |
9. Frequently-asked questions
| Question | Brief answer |
|---|---|
| Can the legitimate family exclude the illegitimate child via waiver? | No. Rights are statutory; waivers are void (SSS v. Aguas). |
| If the spouse remarries, who gets her 50 % share? | It is reallocated among the remaining qualified children. |
| Does adoption of the illegitimate child affect shares? | Adopted child remains a primary child-beneficiary but is treated as legitimate; ratio adjusts accordingly. |
| Child born after member’s death? | Still qualifies if conceived before death (en ventre); present proof via ultrasound, etc. |
| Illegitimate child over 21, studying medicine — still dependent? | No, unless permanently incapacitated; “in school” alone is insufficient after 21. |
| Is DNA testing mandatory if the birth certificate is late-registered? | Not by law; SSS may require additional evidence (affidavits, pictures, school records) if authenticity is questioned. |
10. Compliance checklist for claimants (illegitimate child)
- Gather civil registry documents (PSA BCs, death certificate).
- Obtain SSS number (if none).
- Secure Certificate of Non-Employment / school enrolment certificate.
- Prepare government-issued IDs of claimant and guardian (if minor).
- File at the SSS branch servicing the deceased’s last employer or place of residence.
- Monitor Text-SSS or My.SSS for approval and pension crediting schedule (via UMID-ATM or PESONet bank).
- Keep receipts; appeals go to the SSS Commission within 60 days of denial, then CA via Rule 43.
11. Policy trends & reform notes
- Equal-protection drive – R.A. 11199’s removal of “recognized” qualifier mirrors Supreme Court’s leaning toward levelling filial distinctions.
- Digital filing – 2024 pilot of “SSS Survivorship Online Portal” allows remote uploading of BCs and notarized affidavits.
- Pending bill – House Bill 10978 seeks to abolish the 50 % spousal floor so that pension is split equally among all primary beneficiaries regardless of status.
12. Key take-aways
- Illegitimate children are full primary beneficiaries under the Social Security Act; the only distinction that remains is their share (½ of a legitimate child when both kinds co-exist).
- Documentation and timeliness are critical; file within 10 years, and substantiate filiation early to avoid protracted disputes with the legitimate family.
- Pension is personal and non-transferable, but share-reallocation is automatic upon disqualification of a co-beneficiary.
- Administrative remedies (SSS Commission) must precede court action. Familiarity with both statutory text and jurisprudence will prevent costly litigation.
Author’s note
This article synthesizes statutory text, implementing rules, SSS circulars, and leading Supreme Court decisions as of July 5 2025. It is intended for educational purposes and not as a substitute for individualized legal advice. For case-specific concerns, consult a Philippine lawyer or the nearest SSS branch legal officer.