Who are entitled to survivorship benefits?

Dear PAO,
I just have a concern regarding survivorship claim.  I want to ask if a common law wife of a pensioner has a right to claim the survivorship spouse claim or specifically survivorship pension?

Here is the situation, my father was a pensioner. He was married to his first wife and had 4 siblings (all of whom were of legal age). His first wife died, then, he lived with my mother from 1984 until he died on October 2008. They lived together for about 24 years but were not married.

Here are my questions, “Is there any possibility for my mother to claim for survivorship, specifically monthly pension?  Do you think that their living together for 24 years without any conflict with his legal heirs is enough for my mother (unmarried) to ask for the claim for survivorship?
Thank you for your time and consideration.  Hoping for your reply.
Ian

Dear Ian,
At the onset, we find it necessary to presume that the survivorship benefits you are referring to in your letter are those provided under the Government Service Insurance System (GSIS) law or Republic Act (RA) 8291. It is explicit under said law that “when a member or pensioner dies, the beneficiaries shall be entitled to survivorship benefits . . . ” (Section 20)  Given that, we have to necessarily refer to the same law regarding its definition of the term “beneficiaries”.  Under the definition of terms provided under the
GSIS Law, there are two kinds of beneficiaries—primary and secondary. The primary beneficiaries are “the legal dependent spouse until he/she remarries and the dependent children”. The secondary beneficiaries are “the dependent parents and subject to the restrictions on dependent children, the legitimate descendants.” [Sec. 2 (g)(h)]  Thus, it is quite clear from the provisions of the law that only legal spouses are recognized as beneficiaries for the entitlement of the benefits under the GSIS.

To elucidate on the matter, the Supreme Court in the case of Re: Application for Survivor’s Benefits of Ms. Maylene G. Manlavi, daughter of the Late Ernesto R. Manlavi held that “[i]n order to be entitled to the Survivorship Benefits under RA 8291, the beneficiary must be dependent upon the GSIS member or pensioner for support. Thus, Section 21(b) explicitly mentions “dependent spouse” and “dependent children” as those who shall receive survivorship pension.

The same statute enumerates who are the dependents:

Sec. 2. Definition of terms—Unless the context otherwise indicates, the following terms shall mean:
(f) Dependents—Dependents shall be the following: (a) the legitimate spouse dependent for support upon the member or pensioner; (b) the legitimate, legitimated, legally adopted child, including the illegitimate child, who is unmarried, not gainfully employed, not over the age of majority, or is over the age of majority but incapacitated and incapable of self-support due to a mental or physical defect acquired prior to the age of majority; and (c) the parents dependent upon the member for support.

“Dependent” means “one who derives his or her main support from another. Meaning, relying on, or subject to, someone else for support; not able to exist or sustain oneself, or to perform anything without the will, power, or aid of someone else.” (A.M. No. 10019-Ret, February 22, 2001)

Clearly, therefore, in defining the terms “beneficiaries” and “dependents”, the law uniformly states that the spouse must be the legal or legitimate spouse of the member. Hence, only legitimate spouses may claim survivorship benefits from the system.  What is material in this case is not the length of cohabitation between the member and the claimant but the juridical tie that bound them to each other, which is a valid marriage.  Thus, no matter how long your parents lived together as husband and wife, the fact remains that they were not legally married to each other.  And that being the case, your mother is not entitled to receive survivorship benefits from the GSIS.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.

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