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    Date: 2021-07-22 10:08:16.938446


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    Date: 2021-07-22 10:08:16.938446

Division of death insurances among legal heirs

Requested from PAO by E. Borres at 10:08 AM on Jul 22, 2021.
Purpose: Information
Date of Coverage: 07/22/2021 - 07/22/2021
Tracking no: #PAO-184441126475

Eva maureen 10:08 AM, Jul 22, 2021

What are the right to claim of a legal wife from his husband's death claims and insurances. We have 1 child. The mother in law holding all the necessary personal documents (passport,ID's) claiming it is they are the claimants since me and my husband are already separated (but not legally) and I already have child from the other man since separation. Can the court settle this for us and determine who is the legal heir and rightful claimant?

PAO-LRS-DM 02:34 PM, Jul 22, 2021

July 22, 2021


This is in relation to your FOI request dated 22 July 2021 seeking legal advice.

Please be informed that, the mandate of the Public Attorney’s Office (PAO) is to “represent free of charge, indigents, and other persons qualified for legal assistance in all civil, criminal, labor, administrative and other quasi-judicial cases where, after due evaluation, it is determined that the interest of justice will be served thereby. ” 

Considering the complexity of your concern, the need to further obtain information regarding the same, and the necessity to study the pertinent pieces of evidence relative to the issues at hand, we advise you to immediately and personally consult with a private lawyer so that your situation can be discussed in more detail.

However, if you are unable to afford a private lawyer, our Office may help you provided you qualify for our free legal services. 

The qualifications before an applicant may be accepted as a client of PAO are the Indigency and Merit Tests as provided for by Republic Act No. 9406, or the PAO Law, in relation to 2016 Revised PAO Operations Manual.

Under the Indigency Test, the applicant must show that his/her individual net income does not exceed the following:

“1. If residing in Metro Manila, whose individual net income does not exceed ₱14,000.00 a month;

2. If residing in other cities, whose individual net income does not exceed ₱13,000.00 a month; and

 3. If residing in all other places, whose individual net income does not exceed ₱12,000.00 a month.

The term “income” shall not include the pension received by retirees.

The term “net income” as herein employed shall be understood to refer to the income of the litigant less statutory and authorized deductions.

“Statutory deductions” shall refer to withholding taxes, GSIS, SSS, Pag-Ibig, Health Insurance and Philhealth premiums; and other loan amortizations duly supported by written contracts.  

“Authorized deductions” shall be understood to include all deductions as reflected in the pay slip, other deductions with the expressed written consent of the employee and in agreement with the employer, and all other deductions that can be substantiated by the employee.

For purposes of this Section, ownership of land shall not, per se, constitute a ground for disqualification of an applicant for free legal assistance, in view of the ruling in Juan Enaje vs. Victorio Ramos, et al.  that the determinative factor for indigency is the income of the litigant and not his ownership of real property.”   

 Furthermore, the applicant shall be required to execute an Affidavit of Indigency and to submit any of the following documents:

 “1. Latest Income Tax Return or pay slip or other proofs of income; or  
2.	Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office of the place where you are residing; or 

3. Certificate of Indigency from the Barangay Chairman having jurisdiction over your place of residence.

PAO lawyers and personnel shall exercise diligence in ascertaining the indigency qualification of said applicant/s.”  

Under the Merit Test, “a case shall be considered meritorious if an assessment of the law and evidence on hand discloses that the legal services of the PAO will assist, or be in aid of or in the furtherance of justice, taking into consideration the interests of the party and those of society.” 
If you are qualified for our free legal services in accordance with the above-mentioned requirements, you may visit our PAO - Sta. Cruz, Laguna District Office located at Clark's Commercial Place, A. Kamatoy Street, Poblacion II, Sta. Cruz, Laguna. Kindly bring with you the documents pertinent to your problem and proof of your indigency. 

You may also call our office using the following numbers: 8929-9436, 8426-2801, 8426-2450 or 8426-2987.

Thank you.


FOI Receiving Officer

PAO-RO 10:21 AM, Jul 22, 2021

July 22, 2021

Dear Eva maureen,

Thank you for your request dated Jul 22, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Division of death insurances among legal heirs.

We received your request on Jul 22, 2021 and will respond on or before Aug 12, 2021 10:08:16 AM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at, for request with ticket number #PAO-184441126475.

Thank you.


FOI Officer

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