We have a question from Nel, June 2, 2014, posted under our post Pag-ibig Fund — How to Claim Death Benefits.
Question:
My husband died just a week ago and we have 3 kids. We’re married 2002. I just found out that he married another woman last 2005 and they have 2 kids. Am I still qualified as legal claimant? How will the benefits be divided both in SSS and Pag-ibig?
Answer:
Hi Nel, I admire you for immediately recognizing the fact that the illegitimate children will also share in the benefits.
For both Pag-ibig and SSS, you and your 3 kids are the main claimants, since your marriage is the legal one. The 2005 marriage is null and void, since it was a bigamous marriage. But the illegitimate children will also share in the benefits, although there are some differences in the sharing of SSS and Pag-ibig benefits.
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Pag-ibig Death Benefit
The Pag-ibig death benefit is a lump sum.
It is equal to total accumulated monthly contributions, plus total yearly dividends, plus additional death benefit.
The additional death benefit is 6,000 pesos or an amount equivalent to his total savings plus total dividends, whichever is lower.
For this Pag-ibig benefit, you will file the claim, and you will include the illegitimate children in the Proof of Surviving Legal Heirs form.
There was one spouse who commented here 2 years ago, in a similar situation, and she said that the division of Pag-ibig benefits between her legitimate family and the illegitimate children, was a division of benefits by 2 parties (50% for the legitimate family and 50% for the illegitimate children).
I don’t know if the division is still done the same way. If the same way, you can ask Pag-ibig why the division should not be divided by 6 (4 shares for you, and 2 shares for the illegitimate children).
SSS Death Benefits
1. Funeral Benefit — This is given to the person who spent for the funeral, regardless of relation to your husband. Requirements are original receipts of funeral/burial expenses.
2. Death Benefit
a. Pension
It’s easier for everyone if your husband was able to contribute at least 36 contributions prior to semester of death. This means that each of his primary beneficiaries will get a monthly pension. His primary beneficiaries are you (the legal wife), your minor children who are the legitimate children, and the minor illegitimate children. Minor children are children younger than 21 years of age.
You and each of the minor children will have a share in the monthly pension. But as guardians of your minor children, their pension is issued in your name, added to your own share of the pension.
In addition, each minor will get his/her dependent’s pension, which is equal to 10% of the member’s monthly pension, or 250 pesos, whichever is higher. If there are more than 5 minors, the legitimate children are considered first, starting from the youngest.
b. Lump sum
If your husband contributed less than 36 contributions prior to semester of death, his beneficiaries will get a lump sum. The lump sum is equivalent to 12 times the monthly pension, or monthly pension times the number of monthly contributions paid prior to the semester of death, whichever is higher.
With a lump sum benefit, you will share the lump sum amount with the 2 illegitimate children. I am still researching how this lump sum amount is divided among all primary beneficiaries.
Please ask SSS. I might have missed something.
Hi mam good day po sana po maka replay kayo.
Gusto ko po sana maitanong kung may karapatan po ang anak ko na mag claim ng death benefits ang anak ko sa pagibig galing sa partner kong namatay? 11years napo sya ngayon at may mga anak din sya sa una na matured na ang ages.
Na annulled na ang kasal nila bago sya mamatay for now 4years npo sya patay ever since po hindi ko na meet ang mga pamilya nya sa una ang huling alam ko magmula sila naghiwalay wala na balita mga kamag anak ng partner ko huling alam nila sa Amerika na nakatira. Paano po ba makukuha ang para sa anak ko lang ang gusto ko i claim lalo na PWD pa sya? Sana matulungan nyo po ako?
hi po..tanong ko lang po ano dapat gawin sakaling ayaw ng isang compliant magpasa ng documents for micro-settled account na pension? namatay po kasi yung father ng mga anak ko oct. 2016 nakatanggap po sila ng pension for more or less 3yrs then july last yr po nacancel. ang una pong sabi sa sss e ino-normalize lang daw po yung pag distribute kasi via cheque gagawin daw po deretso sa bank account. naka pag file po ako ng mga requirements last yr katapusan ng sept. then follow up ng status nung oct. jan. and last july na po dahil sa covid. last month po bumalik ako ulet ang sabi e possible na dahilan kung bakit matagal daw ang process e dahil yung isang compliant e hindi daw po nagpapasa ng requirements which is yung legal wife po na naka base abroad. ano po kaya ang pwede kong gawin para po makuha yung pension para po sa illigetimate minor na mga anak ko?
Good Afternoon, I have a concern about po sa pag claim ng death benefit ng father ko sa SSS. We’re about to file all the requirements of claiming death benefit, but when we got the Cenomar of our Father. It indicates their na may una siyang pinakasalan before si mama. It was 1988 then yung kila mama is 1999 up to the present. since almost 21 years na silang walang communication ni papa nung una niyang pinakasalan. when i ask the sss in taguig they said that we need to find that women and their child para maprocess nila. but we didn’t know we’re we can find them. since una palang hindi talga namin sila kilala. makakapag claim paba kami ng benefit sa father namin kahit hindi namin mahanap yung una niyang pinakasalan ?
Hi Amie, yes, basta nakapirma sa birth certificate ng anak mo ang father, which means in-acknowledge nia na siya ang father ng anak nio. Sa SSS, isa siya sa primary beneficiary kung under 21 siya. Kung 21 and over na, beneficiary lang siya kung walang other primary beneficiaries at wala nang parents yong father. Sa Pag-ibig, beneficiary lang siya kung under 21. Kasama niya ang legal wife kung meron and other minor children. Kung over 21, beneficiary lang siya kung walang legal wife at wala nang parents yong father. Sa properties, meron siyang share. Here’s information about inheritance of illegitimate children.
Hi po ms nora may karapatan po ba ng illegitemate child….sa lahat ng properties ng father ng anak ko…at sa sss pag ibig.if ever..
Mam nora. Pwede po b mg tanung. Kung ok lng po ba na ung anak ng legal na asawa ang mag asikasu ng sss. Ppa ko po amg nmaty 1month ago.. Kasal po sila
Good PM po Ms. Nora,
Recently po namatay ang husband ko, we are married and may 3 underage kids pero 12 years n po kaming hiwalay. Gusto ko po snang malaman if my husband declares as single in SSS and Pag-ibig and ang nakalagay pong beneficiary ay ang parents lng po nya. May karapatan po ba ang mga anak ko sa pension?
good day.. ask ko po about the provident benifits yung brother ko po kasi na namatay ay walang naiwan na valid id,isa po kasi ito sa hinihingi na requirements ano po pwedeng ibang options kasi yun nalang po ang kulang sa requirments.
hi nora
ask k.lng po hnd po kme married ng nmatay ng father ng anak ko tpos nkalagay po xa at nkpirma sa birth certificate ng nak ko may karapatan po b ang anak ko sa sss ng papa nya kht d x nkalagay na beneficiaries.
Hi Ronnielyn, kapag single kasi ang namatay, ang beneficiary ay parents, kasi hindi ka na minor (sabi mo right age ka na so I guess more than 21 ka na). Palagay ko CENOMAR ng mother mo ang hinihingi, to prove na single siya. Puede kang mag-apply ng Cenomar ng mama mo at death cert ng lola at lolo mo sa PSA. Siguro naman alam mo ang names nila. Puede mong kontakin ang mga siblings ng mama mo to ask your grandparents’ complete names, birthdays at kung namatay na sila, dates of death.
Hello po. Good day. So may I ask po if paano po ang gagawin kapag mag claim ng death benefit sa pag-ibig ng mama ko? Hinihingan po nila ako ng death cert saka cenomar ng parents ng mama ko eh I already told them na di ko po nameet since yung mga lolo at lola ko kay mama. Paano po yun? Im on the right age na naman po to claim. And I have the rights po to that kasi di naman kasal ang mama ko sa papa ko. Ayaw nila ko bigyan ng alternative documents to that po.
hi po good day, ask ko lang po… namatay po kasi yung father ko. then we found out na may isa pa syang pinakasalan na lumabas sa cenomar. mother ko po ang legal wife dahil sya po ang unang pinakasalan. then yung isang pinakasalan po ay hindi namin kilala. di rin po namin alam kung may anak ba sila or wala. dahil never naman pong nag hiwalay ang parents ko. assuming na wala po silang anak. pero hinihingan po kami ng pagibig ng proof na wala po silang anak, pero ang problema po namin is hindi po makita ung pangalawang pinakasalan ng father ko. will there be a chance na makuha ng mother ko ng buo ung benefits? may chance po na na dapat voided na yung kasal nila since more almost 30 years na siguro yung date ng kasal nila. thank you po
Hi Roslyn, mag-file din siya ng claim niya, para makita nio kung nakasulat talaga ang asawa mo as beneficiary doon sa SSS record. Kung hindi siya nakasulat, at kapatid lang ang nakasulat, yon lang kapatid ang beneficiary. Kung walang nakasulat, dalawa silang beneficiaries. Pero of course SSS will decide this. Puedeng initial filing lang muna: death benefit claim form, ID, birth cert of your husband, death cert of mother — puedeng from local registrar lang muna para mas mura ang documents.
Hi Ms. Nora
itanong ko lang po, namatay po yung mother ng asawa ko at dalawa po sila magkapatid ang SSS beneficiary ng mother nila. Yung kapatid nya po nakakuha na nung 2016 or 2017 pa pero ngayon lang po namin nalaman na may na claim na po siya, sa ngayon po namatay na din po yung kapatid nya, yung asawa na ng po ang nakapag sabi sa amin, pero nung time na nagpunta asawa ko sa SSS ang sabi po dun nakuha na lahat ng kapatid niya, maaari po ba yun without concent po ng asawa ko? chaka nung pinaverify po namin sa kakilala ng cousin ko na empleyado din po ng SSS ang nakalagay lang po na may nakuha is yung kapatid pa lang po niya at isa pa po ang sabi po sa SSS nasa 423k dw po ang nakuha ng kapatid nya witch is iba po yung nakalagay sa system ng SSS. Anu po ba dapat gawin?Salamat po
hello po mam nora namatay po ang tatay ko at may lump sum po na makukuha subalit buhay pa ang aking lola ang nanay ng aking tatay at wala na po ba akong karapatan na makakuha sa lump sum ng tatay ko over 21 yrs old na rin po ako..hindi po rin ba ako makakakuha ng lumpsum benefit ….naway masagot ang aking problema
Hi Nora! My brother died but he wasn’t married but has an illegitimate child. Please me know whose way more qualified to the claims? His parents or his illegitimate child?
hi ms nora. 2yrs ago namatay father ko, so mother ko ang beneficiary, recently nag stop un pension ng mother ko sabi ni sss micro settle dw status, meaning my nag file dw n illegitimate child to claim sss pension, mababawasan ba un pension n narereceive ng mother ko? at how long po bago ibalik un pension nia.
Hi Tina, are you asking about the SSS death benefit? Is your uncle’s daughter under 21? If under 21, she will be the sole beneficiary. Documents: daughter’s birth cert, uncle’s death cert, uncle’s CENOMAR, SSS death benefit claim form, other docs. The live-in partner will be the guardian. If your uncle contributed 36 contributions or more, your niece will receive pension through her guardian (her mother). If less than 36, your niece will get a lump sum through her guardian.
If the child is more than 21, it will be the parents of your uncle who can claim.
With Pag-ibig, the daughter will share the lump sum with the parents of your uncle. In both cases, the live-in partner will not be able to claim because she does not have a marriage cert to present.
Hi ms Nora, my uncle passed away and he has a child w/ his live-in partner.She and her child were able to get funeral benefits but they were having hardtime claiming for the lump sump benefits.. how true is it because they’re not married??..how can my uncle’s daughter be able claim for it?
Hi po miss nora . Tanong ko lang po sana kung pwede kumuha ng philhealth ang minor na buntis 16 lang po kasi ako
Ang asawa ko po my unang asawa kasal cla at my 1 anak naghiwalay cla at kami nagsama my anak dn kami 1 namatay asawa ko dun sa sss na makukuha my karapatan parin b magka pension ung unang asawa kht nagkaron n cia asawat anak ngaun
goodday ma’am nora itatanong ko lang po kung may habol po ba ang illigetemate son ko sa sss at pag ibig kahit na ndi sya nilagay ng father nya sa beneficiary nya
Hi ask lang po ako kung ano po ang requirements po sa pagclaim ng burial benefits ng papa ko?Pwede po ba kaming mga anak ng papa ko ang kukuha kasi matagal na pong hiwalay ang mama at papa ko 22 years na po at wala na kaming balita sa ina namin po.salamat po
Hi po mam Nora may anak po ako isa 11 years old na po sya now.. pero namatay ang father nya since 2007 pa po kasal po sya sa una nyang asawa pero wala silang anak. saakin lang nagkaanak ng isa. tanong ko po kung makukuha pa po ba ng anak ko yong pension nya since 2007 pa sya namatay at hanggang ngayon di papo sya nakakatanggap ng pension . dati po kasi nag claim yong legal wife sinama nya birth certificate ng anak ko pero di pa rin naman po qualified as pensioner. may makukuha po ba ang anak ko.
Ako po ang beneficiary ng mister ko nung namatay sya 2 yrs ago. If ever ako naman ang mamatay tuloy pa rin ba ang pension na yan para sa anak namin na below 21 yrs old? Or yung sss pension ko lang ang makukuha nya?
Hi Laline, yes, you can file your claim in behalf of your under-21 kids basta yong birth certificates nila nakalagay na father yong husband mo. Ikaw ang magiging guardian nila. Go to SSS and get claim forms. Primary beneficiaries ang mga anak nio.
Namatay po yong asawa ko last may 17, 2017. Di po kmi kasal me dalawa kmaing anak 17 at 19. Di nya na update yong SSS nya di nakalagay yong mga anak ko. Makapag claim ba kami . Single po sya.
Hi po, my partner has a legal wife and child and he died last week, without updating the beneficiaries to include his child of 10 months with me. May maclaim pa po ba ang anak ko na pension and mabbwasan po ba ang pension na mttnggap nung legal wife and kid niya kapag nagsimula nang tumanggap ng pension ang anak ko? Mallaman po kaya nila na tumatanggap din ung anak ko ng pension? Ayaw nia po kasi mangyari un and nagthreathreaten napo sya na ggwan kami ng masama if ever magfile kami ng claim. Thank you in advance sa sagot po.
Hi Jane, yes, the illegitimate children are eligible for pension. They should have received their pension since 2008. If you will process their pension, I think their pensions since 2008 will be taken from the legal wife’s pension. It might even stop for a while so the illegitimate pensions that were not given since 2008 will be paid. The wife’s pension will be readjusted. Ask an SSS officer first before filing.
I have a nephew (10 years old) and a niece (11 years old) whose father died last March 2008. They are both illegitimate considering that my brother has a legal wife with one child. May karapatan ba mag claim ng pension ang dalawang pamangkin ko? The legitimate child is already receiving pension.
Hi Joann, married ka na, so ang husband mo and your minor child/children are your primary beneficiaries sa SSS at Pag-ibig. About your house and lot, hinuhulugan mo pa lang yong equity sa developer, so usually walang insurance ito. Kapag na-approved ka na sa bank home loan or Pag-ibig housing loan, merong mortgage redemption insurance (MRI), so your beneficiaries will be your husband and your child/children.
If your parents are wholly dependent on you alone, you can consider making a will, or getting a life insurance with your parents as sole beneficiaries.
Hi alyza, ano yong sabi mong “yung first wife po may pangalan dn”? Yong title ng house and lot ay 2 names? Merong “Married to”? Your husband’s name and the legal wife’s name? Meron ding bang house and lot na naibigay yong husband mo sa una niyang family? Sana kung nakasulat sana ng will ang asawa mo. Meron akong sariling opinyon, pero huwag ko na lang sabihin kasi baka makagulo pa, at hindi ako lawyer. Puede kang humingi ng opinyon sa konsehal nio na lawyer para free. Puede ka ring sumulat dito: http://www.pinoylawyer.org
Hello po, ako po si alyza meron po ko dalawa anak ,isa 1yr old at isa 6month old baby, yung asawa ko po may una pamilya at kasal sa una, illegitimate po yung mga anak ko, ang tanung ko po, meron po kse bahay na nakapangalan sa asawa ko sya po ang pinaka home owner , then yung first wife po may pangalan dn , pero di naman po nila conjugal property yun, di po sila tumira sa bahay na yun , ngaun po pinaayos po namin ng asawa ko ang bahay para sa dalawa nya anak sakin, ang kaso po hinahabol ng anak nya sa una nya asawa, 5yrs po kmi nag sama ng asawa ko dun na din nagka pamilya, kaya lng nung namatay sya di sya naka pag iwan ng will na pinamaman nya ang bahay sa mga anak namin, pero may witnes po ko na patunay na binigay at inayos ang bahay sa mga anak ko, witnes ko po yung mga kapatid at tatay nya, dahil magkatabi lng po kmi ng bahay.ano po pwde ko gawin, salamat po.
HI . I just got married last April 18,2017. Pero bago ko magpakasal May kinuha po akong bahay at naumpisahan ko Na pong hulugan Ito ng equity. Ang tanong ko po ngaung nagpakasal po ako ang asawa ko Na po ba ang primary beneficiary ko? Maari po bang ang anak ko ang maging primary beneficiary o Kaya ang parents ko? Salamat po sa makatutugon.
Hi, Nora. Is it the same in SSS if my husband did not declare the illegitimate child as beneficiary? I am having problem with the documents that will come with the other party. I have informed the mother of the child for the requirements to be submitted to Pag-Ibig 3 weeks ago but until now she can not provide for me(for Pag-Ibig). That is why until now I can not file the Provident claim.
Another question can I file the Provident claim in any Pag-Ibig office?or only to the office where the contribution was made?
Hi Sonia, most likely you will be able to claim if Pag-ibig does not know there’s an illegitimate child (if your husband did not include the child in his list of beneficiaries), but if later on, the mother of the illegitimate child files her own claim, Pag-ibig can pursue getting back part of the benefits from you.
Hi,Ms. Nora. My husband died last Dec. 2016. We are legally married with 1 child, 13yo. He has 1 illegitimate daughter. My question is that can I claim the provident benefit even w/o the birth certificate and affidavit of guardianship from the other child?
Hi Fiona, I’m so sad about what the colonel did regarding your child’s birth. He cruelly took advantage of your youth. That amicable settlement was done only for the purpose of protecting his family’s retirement or death benefits. I looked at the PNP’s list of requirements for claims, and just like the SSS, GSIS, Pag-ibig, it’s the birth certificate that PNP requires as proof (PNP even requires NSO birth cert with O.R.), so since the colonel is not registered as your child’s father in her birth certificate, sadly your child cannot be recognized as his dependent/beneficiary. And there are other documents: http://pnp-prbs.org/pdf/10.PDF. Sorry I’m not really sure what to advise you, but if you want to pursue this, you can visit the PNP Retirement and Benefits Administration Service or PRBS at Camp Crame in QC and make inquiries. You have grown up, you’ve become stronger, and with God’s help, you will achieve more with your child, even without the colonel’s name.
I HAVE A DAUTHER THE FATHER IS A PNP. COL I WAS STILL A MINOR WHEN I GIVE BIRTH TO MY DAUTHER … WE JUST MADE AN AMICBLE SETLEMENT THAT HES GOING TO RECOGNIZE THE CHILD AFTER HIS RETIREMENT.. BUT UN KNOWINGLY HE DIED WHEN MY DAUGTHER IS ONLY SIX MONTH ” AND KNOW HE WAS ASKING ABOUT HER FATHER WE FOUND OUT THAT HE DIED ALMOST 7YEARS AGO THE AMICABLE SETLEMENT AND MY DUAGTHER IS ONLY MY PROOF.. DOES MY DUAGTHER 7 YEARS OLD STILL HAD RIGTHS TO HIS FATHERS PENSION…
I have a partner,, but married to first wife and separated for 20 yrs,we have one child,,who would be sss and pag ibig legal benificiary
Hi Kean, nagpepension na kayo ngayon from SSS? Meaning nakukuha nio na yong pension nio every month? Ano yong naiipon? Wala kayong natatanggap? Tapos sabi ng mama nio naiipon lang don sa SSS? Are you under 21? Dapat meron kayong natatanggap at kung abandoned kayo, dapat malaman ito ng SSSS para sa inyo lahat mapunta yong pension amount (divided among the minor children)
Pano po pag na abandon kami ng mama ko tapos po samin po napupunta yung pension ni papa. Meron pa po ba syang part don? At. Naiipon po ba yon at pwede nyang makuha?
Ok po slamt… S affidavit of cohabitation ilalagay ko p rin po b ung nym ng deceased child
Hi lhine, if the parents do not like to give their share to your kids, then they should not sign the waiver. If they want to get their share, they need to present valid IDs.
Ito po kc nakalagay
AFFIDAVIT OF WAIVER/QUITCLAIM..
kaya nalilito po aq
Hi po ms.nora I went to pag ibig. You’re right, my partner’s parents will get something, 50% share of the benefit. Pag-ibig gave a waiver they will sign in case they want to give their share to the children. I forgot to ask if the parents refuse the waiver, do they need to sign the waiver? Thanks po
Hi lhine, you get this form from Pag-ibig, or you can download it, put it in your USB or attach it to your email and have it printed at an Internet cafe. Here’s a copy of Affidavit of Guardianship . This is different from cohabitation — with cohabitation affidavit, you declare that you lived with your partner since ___ as husband and wife without the benefit of marriage and that you had children together (write their names and ages)
Where can I get affidavit of guardianship? Is that different from cohabitation??
Hi lhine, bring your partner’s birth certificate from NSO (parents’ names are there) and write their names in the Proof of Surviving Legal Heirs form. Bring also your partner’s Cert of No Marriage from NSO. Have I mentioned that you also need Affidavit of Guardianship?
Hi Cherry Ann, thanks for the reply. If you decide to pursue this, the best way is for one of your siblings to go to SSS Diliman or a full-service SSS branch in the town/province where they live and make inquiries on what to do. He brings his IDs and birth cert, your father’s death cert, his SSS. no., plus any proof showing your father has been separated from his legal wife for many years.
i just want to correct my sentence fom my post…the ligetimate children come over to our house sometimes but Not the legal wife
as afar as i know when my half bro ang sis grown up they lived being and independent from their mother coz they’ve been working ang lived to their relatives.and if my father gave them money directly to their children not to the kegal wife anymore
yes we are the 2nd family Ms.Nora.yes they are fathered by my father and he supported the ligetimate children long time ago when they are young.
many years my father had no contact wth the legal wife since their children grown up.but their children came sometimes to our house to visit but the legal wife..
Ahh you mean my partner’s parents and my children will share the benefits? Does it mean I need to bring the parents’ requirements?
Hi lhine, you can claim on behalf of your 2 minor children. Most likely, they would share the benefits with the parents of your partner. File asap so that if the parents file, Pag-ibig already knows your partner had children. Requirements: NSO birth certificates of your children, NSO death certificate, Pag-ibig Application for Provident Benefits claim form, your 2 valid IDs, Proof of Surviving Legal Heirs form. I hope you can share later on how Pag-ibig divided the benefits. Thanks too.
With SSS, your 2 minor children are the only primary beneficiaries — they’ll receive pension if your partner contributed at least 36 contributions. File asap, but file first the funeral benefit claim, if you’re the one who spent for the funeral.
Hi Cherry Ann, SSS did not say anything about number of years. SSS policy is: the primary beneficiaries are the legal dependent spouse and children under 21. SSS explains that the legal spouse must be dependent on the deceased spouse before he died. If you and your siblings decide so, your siblings can go to the SSS Commission and make inquiries…so that you can get answers directly from the SSS. My replies are based only on their published policies, court cases that I’ve read, and comments from SSS members online and offline.
Hi Cherry Ann, do you mean the legal wife had children with another man after she left your father?
Or are her children fathered by your father? Are they the first family? Meaning your father left the legal wife and created your family? Meaning you’re the second family? And did your father continue to support his children with the legal wife? Sorry I had to ask
My live in partner passed away last april. we have 3 children but one passed away. They’re still minor. We’re not married. Can I claim death benefits?. What are the requirements? salamat po
how many years from been separated required the SSS for being disquqlified as a beneficiary?
his parents are deceased already,and the names written as his beneficiaries are his uncle and brothers.are there any proof needed if my brorhers and sister file a complain coz i can’t coz im here in Hong Kong.what do we need?
thank very much Ms.Nora for answering my questions which bothers me a lot,thinking whats the right thing to do amd how i can help my siblings to know the truth that they just been fooled by the legal wife side.i made them found out that the legal wife and her children(my half bro and sis)lied us.before my father get burried,they told us that whatever benefits they goot from my father they will share equally,but when rhey recieved it did not happen..
Hi Cherry Ann, are the parents of your father still alive? Because they are the next in line in case the legal wife is disqualified as a beneficiary. If the parents are already deceased, the next in line are those persons written on your father’s SSS records plus the adult children. But because you said the wife has already received the benefits, I assume SSS did not know that the legal wife has been separated for 33 years so it granted the benefits to her. If the adult children decide so, they can file a complaint to the SSS Commission. About your question regarding benefits of adult children: Adult children are not primary beneficiaries; they only get the benefits if there’s no legal spouse, there are no minor children, there are no parents and their names are written as beneficiaries on SSS records (but SSS apparently also considers the adult children whose names are not written, based on comments here).
yes they’ve been separated around 33years,i think just few weeks ago the legal wife had already recieved the initial death benifits 45,299 plus the 13month,she will also recieved 5,033 monthly pension.so total amount they recieved this few weeks ago is 50k+. they lied to my brothers and sister,they said they just recieved 20k deducted of expenses upon processing was 14k left and they divided into 7siblings.is this correct?we the illegitimate children all of us are over 21 years old and the ligetimate as well.im still confuse,fo we have the right to get the exact fair of shares which is the 50k? or just to make it short and clear what benifits can we get eventhough all of thechildren are over 21 years old?
the legal wife has still the marriage contract but it was long time ago the are not living together,and i myself saw the other beneficiares of my father and she is not written there because my father did not change his status yet till he passed away..
Hi Cherry Ann, with SSS, the legal wife is the only beneficiary, but if SSS finds out she has been separated long before, SSS will say that the parents of your father will be the right claimants. If his parents are already deceased, then all of his children (legitimate or illegitimate) and any other person written as beneficiary on his SSS records will share in the lump sum.
With Pag-ibig, it’s the legal wife who can claim. I think Pag-ibig does not care if she has been separated, as long as she can present the marriage cert and other docs. Someone — a daughter — commented here that her stepmother was able to claim his father’s Pag-ibig benefit alone even though his sickly father left the stepmother and went to live with her (the daughter) before he died.
hi ms.Nora.my father died last november,and im one of the illegitimate child among 5 siblings.he married before and got separated with two legitimate children.all of us now are more than 21 years of age.what are the benifits can we get from our father’s SSS and Pag ibig?Are we still entittled to have a share from the legal wife and the legimate children?
Hi rose, with SSS, if your kids are under 21, yes, they’re the only beneficiaries (primary beneficiaries). For the SSS funeral benefit, the claimant is the one who spent for the funeral. SSS requires that the funeral benefit will be claimed first. But file your death claim asap after the funeral claim so SSS will know your partner has kids. With Pag-ibig, if your kids are under 21, it will be your kids and might include your partner’s parents. File ASAP at Pag-ibig so they’ll know your partner has kids.
Hi ms. Nora,
My partner died last May 6,2016.are my children the only beneficiaries in SSS and pag ibig of my partner?what about his parents? Are they also entitled for the same benefit?My children was acknowledged by their thru birth cert.
Hi vilie, 10 years is the usual time frame for civil claims, but there could be a valid reason why you’re claiming only now. Were you under 21 years of age when your father died? Did your mother file her claim? If not, who claimed? Nobody claimed? Was there another family who claimed?
hi miss nora.. im joy.. my father died 14years ago. can we still get his lump sum from sss though were not belong to his beneficiaries.. but my mother is her legal wife.?
Hi hewitt, about the insurance from Phil Axa, it depends on who was named as beneficiary in the insurance policy. Do you have a copy of the insurance policy? You can also go to Phil Axa with your documents (your brother’s death certificate, children’s birth certificates, your birth cert and your brother’s birth cert to show your relationship to the insured) and ask about your brother’s insurance policy and the beneficiaries.
Hi hewitt, you should go to SSS with your ID, your birth certificate and your brother’s birth certificate and death certificate (to show your relationship to the deceased SSS member) and ask how you can help your brother’s minor children get their pension after their mother has abandoned them. I think SSS will ask for proof that the mother has abandoned them, and I’m not sure if affidavits by the children or joint affidavits by neighbors will be acceptable as proofs.
i would also like to ask if is it true that as her child reach 18 they will receive lumpsum of 70k from phil axa..and how can we help her child to get that money and prevent their mother to get that for her.thank you
hi miss nora.my brother died last 2005 and his wife and 3 children receive monthly pension.unfortunately her wife abandoned her children with her receiving all their monthly pension.as their legal guardian is it possible to transfer his 3 childrens pensions in my name or to his eldest daughter since she’s turning 18 this july 16 2016?
Hi April, thanks for sharing helpful information
Yes I will. BTW I already recieved today the funeral check from sss.(after 20days from date of filing)
I will file naman tom.ung death claim.
Hi April, yes, indeed. I also wonder about that. I think that if there are no kids, then maybe the parents can share, but if there are kids, then the benefit should go to the spouse and children. But to be sure, ask Pag-ibig.
Thank you. SSS and Pagibig differ in their rules in defining beneficiaries. With sss, there’s primary and secondary beneficiaries. With Pagibig, even if the member is already married and with kids, the parents are still included as claimants.
Hi April, yes, Pag-ibig requires documents from NSO, and not LCR. This is stated in the Application for Provident Benefits Claim form. Only the birth cert can be a Baptismal/Confirmation Cert. Yes, you need to file the guardianship affidavit, as there are cases where the kids are left with the parents of the deceased, and not with the spouse. Yes, you need to write the names of your husband’s parents in the Proof of Surviving Legal Heirs. Ask others too
Thank you! I would like to ask regarding PagIbig death claim. Do I really need to submit Notarized Affidavit of Guardianship(for children 18 years old and below, or physically/mentallyincompetent)?Im the mother of my son ofcourse im theguardian.And how about theres no NSO death certificate? Does the Certified truecopy of death certificate from Local Civil Registry will be accept?Can I pass certificates from LCR. I dont have NSO copies ofDeath,Marriage and Birth Certificate justfrom LCR? Is that ok?And Do I need to include in the SurvivingProof of legal heirs thename of my husbands parents even if were already married and have ason?
Hi April, sorry I’m not sure because the SSS rule considers the semester of death. Your husband’s semester of death is Oct 2015 to Mar 2016, so for you and your son to have a pension, your husband should have paid 36 contributions up to Sep 2015. If not pension, you’ll get a lump sum. You have to ask SSS.
Hi. My husband died last feb18. He had a total 37 contribution in sss,last posted in Feb. Were legally married and had our 7 months old Son. Are we entitled w/the monthly pension death benefits? Thank you.
I just want to ask if, my husband passed away last dec 22, were just he’s 2nd family, we had 2 kids, 4 & 6 yrs old. Do I really have the right to file a petition for my babies even though their illegitimate child?
Hi Karen, if your father claimed his Pag-ibig benefits when he was alive, you have no more death benefit to claim. Pag-ibig’s death benefit is only given and added to the member’s savings and dividends if he died while still a Pag-ibig member. A person is no longer a Pag-ibig member after claiming his Pag-ibig savings and dividends. You can call Pag-ibig 724-4244 if you’re not sure your father claimed his benefits when he was alive.
Hi, I would like to confirm if we can still claim my father’s death benefits even if he already passed away for 7 years now? We have no idea that we can claim any Pag-ibig death benefit, we only knew about SSS death benefit. Please help and thank you.
Hi jeanielly, have the dependents filed their death benefit claim? If less than 36 contributions, the dependents will get a lumpsum. If there were 36 or more contributions, the wife and minor children (under 21) get pensions. If there’s no wife and the children are 21 or older, the children will get a lumpsum. If your uncle died, for example, in April, the semester of death is Jan to June. Your uncle should have 36 contributions before Jan 2015.
Hi Ms. Nora, Im Jeanielly I have few questions regarding the death claim of my uncle. What does it means “36 contributions prior to semester of death”? The dependents of my uncle cliamed only 20,000.00 for the funeral. I’m asking if the dependents are also allowed to receive the monthly pension or lumpsum..As far as I’ve know my uncle has more than 36 months of contribution.
Hi Shy, from Pag-ibig, you, the children can claim his total provident benefits. From SSS, if you are still under 21, you can claim pension if your father paid at least 36 contributions. If 21 and older, you can claim a lump sum. Your birth certificates will prove your relationship with your father.
ASIDE FROM FUNERAL OF MY FATHER’S DEATH, WHAT OTHER BENEFITS SHOULD I RECIEVED IF WE NOTICED THaT MY PARENTS WERE NOT MARRIED? YOUR RESPONSE IS HIGHLY APPRECIATED. THANK YOU SO MUCH!