REVISED GUIDELINES ON THE GRANT OF EC DEATH BENEFITS TO SURVIVING WIVES AND CHILDREN BENEFICIARIES OF MUSLIMS, AMENDING FOR THIS PURPOSE BR NO. 14-07-34
WHEREAS, on July 28, 2014, the Commission issued Board Resolution No. 14- 07-34 on “Guidelines on the Grant of EC Death Benefits to Surviving Wives and Children Beneficiaries of Muslims” dated July 28, 2014″;
WHEREAS, under the said Resolution, upon the work-connected death of a covered Muslim husband, the total amount of EC death monthly pension shall be divided equally among the wives-beneficiaries up to a maximum of four, if any. Further, in case of death or re-marriage among the wives, the pension shall be equally re distributed to the remaining wives-beneficiaries, if any.
WHEREAS, a review of the implementation of the Board Resolution was made in consultation with the UP-Institute of Islamic Studies (UP-IIS) in relation to Muslim culture, customs and traditions;
WHEREAS, the UP-IIS has provided the following pertinent Rules on Islamic Succession for consideration:
- Wives of Muslim husband do not enjoy hereditary rights from each other;
- The children enjoy successional rights from the father and from their respective maternal origins only;
WHEREAS, the following rules have been recommended by the UP-IIS:
That upon the work-connected death of a covered Muslim husband, the total amount of EC death benefits (monthly pension) shall be divided equally among the wives of the Muslim husband; an amount equivalent to ten percent (10%) of the MIB shall be granted for each dependent child, not exceeding five, beginning with the youngest and without substitution;
- Upon the death of any of the wives of the Muslim husband, the share of the deceased shall not be redistributed among the remaining wives;
- Upon the emancipation or death of any of the dependent children, the share of the said child(ren) shall not be redistributed equally among the primary
WHEREAS, Article 183 [177] (c) of P.O. No. 626, as amended, empowers this Commission “to approve rules and regulations governing the processing of claims;”
NOW THEREFORE, ON MOTION DULY MADE AND SECONDED
This Commission RESOLVES as it hereby RESOLVED to prescribe the following revised guidelines on the grant of EC death benefits to the qualified wives and children beneficiaries of Muslim husband:
- In the event of the death of a Muslim husband, the monthly income benefit (MIB) shall be equally divided among the wives of the Muslim husband. An amount equivalent to ten percent (10%) of the MIB shall be granted to each dependent child, not exceeding five, beginning with the youngest and without substitution;
- The five qualified dependent children shall be counted from among the collective number of children of the Muslim husband;
- Upon the death or re-marriage of any of the wife-beneficiary, her monthly EC pension shall not be divided equally and re-distributed among the remaining wives and unemancipated children;
- Upon the death of the unemancipated child, the child’s share shall not be divided equally and re-distributed to all wives and unemancipated siblings.
RESOLVED FURTHER that all previous Rules or Resolutions inconsistent with this Resolution are hereby repealed or modified accordingly;
RESOLVED FINALLY, that this Resolution shall take effect 15 days after its publication in a newspaper of general circulation and copy of this Resolution be furnished to the GSIS and to the SSS for guidance and compliance.
DONE, this 25th day ofOcto 1r 2017, in Quezon City, Philippines.
(SGD.) CIRIACO A. LAGUNZAD
Chairperson-Alternate
Department of Labor and Employment
(SGD.) RIZALDY T. CAPULONG
Member-Designate
Social Security System
(SGD.) DIONISIO C. EBDANE, JR.
Member-Designate
Government Service Insurance System
(SGD.) CARLITO P. ROBLE
Member
Employees’ Sector
(SGD.) STELLA ZIPAGAN-BANAWIS
Member
Employees’ Compensation Commission – Secretariat