1. In General

Beneficiaries under the Labor Code

I. Primary Beneficiaries

• The dependent legitimate spouse who was living with the employee at the time of death, until the spouse remarries, subject to recognized exceptions to the living-with requirement; and
• Legitimate, legitimated, legally adopted or acknowledged natural children, who are unmarried not gainfully employed, not over 21 years of age, or over 21 years of age provided that he is incapacitated and incapable of self-support due to physical or mental defect, which is congenital or acquired during minority.

NOTE: A dependent acknowledged natural child shall be considered as a primary beneficiary only when there are no other dependent children who are qualified and eligible for monthly income benefit; provided finally, that if there are two or more acknowledged natural children, they shall be counted from the youngest and without substitution, but not exceeding five (5). (Sec. 1(b), Rule XV, Amended Rules on Ees’ Compensation (EC))