Labor Code · Employees Compensation and State · Chapter VII – Death Benefits

Article 200

Death

Formerly Article 194 before the 2015 renumbering — court decisions before 2015 cite it this way.

Amended
By PD 1921 (1984), EO 179 (1987)

(a) Under such regulations as the Commission may approve, the System shall pay to the primary beneficiaries upon the death of the covered employee under this Title, an amount equivalent to his monthly income benefit, plus ten percent thereof for each dependent child, but not exceeding five, beginning with the youngest and without substitution, except as provided for in paragraph (j) of Article 167 169 hereof: Provided, however, That the monthly income benefit shall be guaranteed for five years: Provided, further, That if he has no primary beneficiary, the System shall pay to his secondary beneficiaries the monthly income benefit but not to exceed sixty months: Provided, finally, That the minimum death benefit shall not be less than fifteen thousand pesos.

(b) Under such regulations as the Commission may approve, the System shall pay to the primary beneficiaries upon the death of a covered employee who is under permanent total disability under this Title, eighty percent of the monthly income benefit and his dependents to the dependents’ pension: Provided, That the marriage must have been validly subsisting at the time of disability: Provided, further, That if he has no primary beneficiary, the System shall pay to his secondary beneficiaries the monthly pension excluding the dependents’ pension, of the remaining balance of the five-year guaranteed period: Provided, finally, That the minimum death benefit shall not be less than fifteen thousand pesos.

(c) The monthly income benefit provided herein shall be the new amount of the monthly income benefit for the surviving beneficiaries upon the approval of this decree. 170

(d) Funeral benefit. - A funeral benefit of Three Thousand Pesos (P3,000.00) shall be paid upon the death of a covered employee or permanently totally disabled pensioner.

Editor’s notes from DOLE (2)

Pars. (a), (b), and (d), as amended by Sec. 4 of P.D. No. 1921 (1984), Further Amending Certain Provisions of Title II, Book IV of the Labor Code of the Philippines.

As amended by Sec. 3 of E.O. No. 179 (1987), Further Amending Title II, Book Four of the Labor Code of the Philippines. The amount of Funeral Benefit was increased to P10,000 by virtue of ECC Board Resolution No. 92-07-0032 (1992) for the private sector and ECC Board Resolution No. 12-09-21 (2012) for the public sector.

Text and numbering follow the Department of Labor and Employment's 2022 edition of Presidential Decree No. 442, as amended and renumbered under DOLE Department Advisory No. 01, series of 2015. Former article numbers are shown in brackets. Notes are DOLE's editorial notes. Amendments after that edition are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.