Who Receives SSS Death Benefits in the Philippines When There’s a Legal Spouse and a Child from Another Relationship?

Introduction to SSS Death Benefits

The Social Security System (SSS) in the Philippines, governed primarily by Republic Act No. 8282 (the Social Security Act of 1997, as amended), provides various benefits to its members and their beneficiaries, including death benefits. These benefits are designed to offer financial support to the dependents of a deceased SSS member. Death benefits can take the form of a monthly pension or a lump-sum payment, depending on the member's contribution history.

To qualify for a monthly death pension, the deceased member must have made at least 36 monthly contributions before death. If the contributions are fewer than 36, the beneficiaries receive a lump-sum amount equivalent to the total contributions paid plus interest, or 36 times the monthly pension (whichever is higher, but subject to specific formulas). If the member had 10 or more years of credited service but fewer than 36 contributions, a lump sum may still apply under certain conditions.

The key focus of this article is the distribution of these benefits in scenarios involving a legal spouse and a child from another relationship—often implying an illegitimate child born outside the legal marriage. Philippine law recognizes both legitimate and illegitimate children as potential beneficiaries, but with specific qualifications and hierarchies. This discussion is rooted in SSS regulations, the Family Code of the Philippines (Executive Order No. 209), and relevant jurisprudence, ensuring a comprehensive overview of entitlements, requirements, and potential disputes.

Defining Beneficiaries Under SSS Law

SSS classifies beneficiaries into two main categories: primary and secondary. This hierarchy determines who receives benefits and in what order.

Primary Beneficiaries

Primary beneficiaries have the first claim to death benefits. They include:

The dependent legal spouse: This refers to the surviving spouse who was legally married to the member at the time of death. The spouse must be dependent (not gainfully employed or capable of self-support in a way that disqualifies dependency) but, in practice, SSS presumes dependency for the legal spouse unless proven otherwise. The entitlement lasts for life or until remarriage, cohabitation as husband/wife, or conviction of a crime against the deceased (e.g., parricide).
Dependent children: These encompass:
- Legitimate children (born within a valid marriage).
- Legitimated children (illegitimate children whose parents later marry).
- Legally adopted children.
- Illegitimate children (born outside a valid marriage, including those from extramarital relationships).

For children to qualify as dependents, they must be:

Unmarried.
Not gainfully employed.
Under 21 years of age, or over 21 but congenitally or permanently incapacitated (physically or mentally) and incapable of self-support.

Illegitimate children are explicitly included under Section 8(e) of RA 8282, but their status must be proven (discussed further below). Up to five dependent children can receive benefits simultaneously; if there are more, the benefits are prorated among them.

Secondary Beneficiaries

If there are no primary beneficiaries (or if they become disqualified), secondary beneficiaries step in. These are the dependent parents of the deceased member. Dependency here means the parents were reliant on the member for support.

Designated Beneficiaries and Legal Heirs

SSS members fill out Form E-1 (Member Data Record) or E-4 (Member Data Change Request) to designate beneficiaries. However, designations cannot override the legal hierarchy:

Primary beneficiaries as defined by law take precedence.
If no primary or secondary beneficiaries exist, benefits go to the designated beneficiary.
If none are designated, benefits are paid to the legal heirs under the rules of intestate succession in the New Civil Code (Republic Act No. 386, as amended by the Family Code).

In intestate succession, the legal spouse and children (both legitimate and illegitimate) are compulsory heirs. Legitimate children receive twice the share of illegitimate children, but all children share equally in the "free portion" after the legitime. However, for SSS lump-sum payments, the distribution follows this succession rule only if no beneficiaries qualify under SSS definitions.

Distribution of Death Benefits

Monthly Pension

If the deceased member qualifies (at least 36 contributions), the monthly pension is calculated based on the member's average monthly salary credit (AMSC), credited years of service (CYS), and other factors. The formula mirrors the retirement pension:

Basic pension = (Higher of: 300 + 20% of AMSC + 2% of AMSC per CYS beyond 10 years) or (40% of AMSC), with a minimum of P1,000–P2,400 depending on contributions.

Distribution among primary beneficiaries:

Surviving legal spouse: Receives 100% of the basic monthly pension.
Each dependent child (up to 5): Receives an additional dependent's pension of 10% of the basic monthly pension or P250 (whichever is higher).

Thus, in a scenario with a legal spouse and one child from another relationship (assuming the child qualifies as dependent and illegitimate):

The legal spouse gets the full basic pension (e.g., if basic is P5,000, spouse gets P5,000).
The illegitimate child gets P500 (10% of P5,000) or P250, whichever higher.

If there are multiple children (e.g., legitimate and illegitimate), each gets the 10% dependent's pension, but the total dependent pensions are capped such that no more than five are paid at full rate. If more than five, the 50% equivalent (5 x 10%) is divided equally.

If the spouse remarries or becomes disqualified:

The spouse's share is reallocated to the dependent children, who then divide the full basic pension equally, plus their dependent pensions (if applicable).

If no spouse exists, the dependent children divide the full basic pension equally, with no additional dependent pensions.

Pensions are paid until the child turns 21, marries, becomes employed, or recovers from incapacity. Overpayments due to non-reporting of changes must be refunded.

Lump-Sum Benefit

If ineligible for pension (fewer than 36 contributions):

Primary beneficiaries receive a lump sum = (Monthly pension x Number of contributions) or (Monthly pension x 12), whichever higher.
Distributed similarly: Spouse gets the bulk, with children sharing proportionally.
If no primary, goes to secondary; if none, to legal heirs per intestate rules.

In intestate distribution for lump sums:

Legal spouse gets a share equal to legitimate children.
Illegitimate children get half the share of legitimate children.
Example: Spouse + 1 legitimate child + 1 illegitimate child: Spouse and legitimate child each get ~40%, illegitimate gets ~20% (adjusted for exact rules).

Specific Case: Legal Spouse and Child from Another Relationship

A "child from another relationship" typically means an illegitimate child born from an extramarital affair or prior non-marital relationship. Philippine law protects such children's rights, but with evidentiary hurdles.

Entitlement of the Legal Spouse

The legal spouse is always the primary beneficiary unless:

The marriage was annulled or declared void before the member's death.
The spouse is convicted of a crime disqualifying them (e.g., adultery leading to parricide).
De facto separation does not disqualify; even if the couple lived apart, the legal spouse remains entitled, as legal separation (under the Family Code) does not dissolve the marriage bond or SSS rights unless explicitly adjudged.

In cases of bigamy or void marriages, only the first legal spouse qualifies.

Entitlement of the Illegitimate Child

Illegitimate children are primary beneficiaries if dependent. However:

Proof of Filiation: Under the Family Code (Articles 172–173), illegitimate children must prove filiation to the deceased member.
- If the member is the mother: Automatic, as birth certificate suffices.
- If the member is the father: Requires acknowledgment, such as:
  - Signed birth certificate by the father.
  - Public document (e.g., will, affidavit).
  - Private handwritten instrument signed by the father.
  - Court judgment (e.g., in a paternity suit).
SSS requires documentary evidence: Birth certificate, baptismal certificate, school records, or court orders. If not acknowledged during the member's life, posthumous claims may involve DNA testing or legal action, but SSS may deny if unproven.
If proven, the illegitimate child receives the dependent's pension (10%) alongside the spouse's basic pension.
Jurisprudence (e.g., SSS vs. Aguas, G.R. No. 165546, 2006): Courts have upheld illegitimate children's rights if dependency and filiation are established, even against claims by the legal spouse. However, unacknowledged children may be excluded.

Potential Disputes and Resolutions

Competing Claims: If the legal spouse contests the illegitimate child's claim, SSS may suspend payments pending resolution. Claimants can appeal to the Social Security Commission (SSC), then to the Court of Appeals.
Common-Law Partners: If the "other relationship" involves a common-law spouse, they are not primary beneficiaries unless no legal spouse exists (then possibly as designated). Legal spouse prevails.
Designation Conflicts: If the member designated the illegitimate child but not the spouse, the law overrides—spouse still gets priority.
Incapacity Cases: If the illegitimate child is over 21 but incapacitated, medical certification is needed; benefits continue indefinitely.
Tax Implications: Death benefits are tax-exempt under the Tax Code.
Funeral Benefit: Separate from death benefits, a P12,000–P30,000 funeral grant is paid to whoever shouldered expenses, prioritizing spouse then children.

Claim Process and Requirements

To claim:

File Form SSS DDR-1 (Death Claim Application) within 10 years of death.
Documents: Death certificate, marriage certificate (for spouse), birth certificates (for children), affidavits of dependency.
For illegitimate children: Additional proof of filiation.
Processing: SSS branches or online; appeals via SSC.

Conclusion

In summary, when an SSS member dies leaving a legal spouse and a child from another relationship, the legal spouse receives the core death benefit (basic pension or lump-sum share), while the illegitimate child—if proven dependent and filiated—receives a supplemental share (10% dependent's pension or proportional lump sum). This framework balances family protection with evidentiary safeguards, reflecting Philippine values under the Family Code and SSS law. Claimants should consult SSS or legal counsel for case-specific advice, as disputes often require judicial intervention. Understanding these rules ensures equitable distribution and minimizes conflicts among survivors.