Muslim Wives as Beneficiaries of the Social Security Law

-by Jerald Ambe

Article XV, Section 2 of the 1987 Constitution provides that “marriage, as an inviolable social
institution, is the foundation of the family and shall be protected by the State.” The same
Constitution further provides that “no law shall be made respecting an establishment of religion,
or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession
and worship, without discrimination or preference, shall forever be allowed.” 1 Thus, it is the
solemn duty of the State to protect and conserve the customs, traditions, practices, and beliefs of
the Filipinos.

In recognition of the Constitutional mandate to protect and conserve the customs, traditions,
practices, and beliefs of the Filipinos, Presidential Decree (PD) No. 1083 also known as the “Code
of Muslim Personal Laws of the Philippines” was enacted. There are three purposes for this code.
These include “recognizing the Muslim legal system as the part of the law of the Philippines, to
codify Muslim personal laws, and to provide an effective administration and enforcement of
Muslim personal laws among Muslims.”2

Moreover, Section 3, Article 27 of PD No. 1083 allows a Muslim husband to have more than one
wife, but not more than four at a time. However, the Code permits it only in exceptional cases. In
the case of Atilano O. Nollara Jr. v. People of the Philippines3, the trial court held that:

“No Muslim male can have more than one wife unless he can deal with them in equal
companionship and just treatment as enjoined by Islamic Law and only in exceptional
cases. The principle of Islam is that monogamy is the general rule and polygamy is allowed
only to meet urgent needs. Only with the permission of the court can a Muslim man
be permitted to have a second wife subject to certain requirements. Any Muslim husband
desiring to contract subsequent marriages, before so doing, shall notify the Sharia Circuit
Court of the place where his family resides. Clerk of court shall serve a copy thereof to the
wife or wives. If any of them objects; an Agama Arbitration Council shall be constituted.
If said council fails to secure the wife’s consent to the proposed marriage, the Court shall
decide whether or not to sustain her objection.”

Based on the foregoing, a Muslim husband is permitted to have more than one, but not more than
four wives. As such, the second, third, and fourth wife, if any, shall be considered as legitimate
spouses.

Since all four spouses, if any, by a Muslim husband are considered as legitimate spouses, they are
entitled to the benefits granted to qualified wives and other beneficiaries under Republic Act (RA)
No. 8282, otherwise known as the “Social Security Law.”

1
Article 3, Section 5, 1987 Constitution
2
Article 2, Code of Muslim Personal Law of the Philippines (PD No. 1083, 1977)
3
G.R. No. 191425, Sept. 7, 2011
In fact, the right to the benefits granted to surviving wives and children beneficiaries of Muslims
is recognized by the Employee’s Compensation Commission by issuing Board Resolution No. 14-
07-34 which provides the guidelines on the grant of EC death benefits to qualified wives and
children beneficiaries of Muslims, as follows:

1. “The basic monthly pension shall be divided equally among the surviving wives;

2. Upon the death or re-marriage of any of the wives, her basic monthly pension shall be
equally re-distributed to the remaining surviving wives;

3. The qualified dependent children not exceeding five beginning with the youngest and
without substitution, who are entitle to dependent’s pension, shall be counted from among
the collective number of children of the wives of the Muslim and not counted from the
children of each of the wives of the Muslim.”4

Therefore, the Muslim husband’s wives being legitimate spouses under the “Code of Muslim
Personal Laws of the Philippines” are entitled to all the rights and benefits provided by law in
accordance with the guidelines laid out by relevant government agencies and authorities.

4
http://ecc.gov.ph/wp-content/uploads/2014/11/2014_BR_14-07-34.pdf, last accessed on 08 June 2017