Issuances of the Department of Labor and Employment and its Attached Agencies

Section 1

These Rules shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation. Signed this 31st day of May 2011 at Davao City, Philippines. Single Entry Approach Implementing Rules and Regulations (SEnA IRR) February 22, 2016 DOLE DEPARTMENT ORDER NO. 151-16 IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10396, OR "AN ACT STRENGTHENING CONCILIATION-MEDIATION AS A VOLUNTARY MODE OF DISPUTE SETTLEMENT FOR ALL LABOR CASES, AMENDING FOR THIS PURPOSE ARTICLE 228 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES" Pursuant to Section 2 of Republic Act No. 10396, or An Act Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for All Labor Cases, Amending for the Purpose Article 228 of Presidential Decree No. 442, Otherwise Known as the "Labor Code of the Philippines" (As Amended), the following Implementing Rules and Regulations is hereby issued:

Section 1

(a) Beneficiaries shall be either primary or secondary, and determined at the time of employee's death. (b) The following beneficiaries shall be considered primary: (1) The legitimate spouse until he remarries. The surviving spouse found not to be living with the covered employee at the time the employee died should be entitled to employees' compensation benefits provided that the separation occurred owing to any of the following circumstances: 1. refusal of the covered employee to continue living with the surviving spouse; or the employee's abandonment of the said spouse, without justifiable or valid cause; 2. attempt of the covered employee against the life of the surviving spouse, common child/children of the spouse; 3. commission of an act of sexual abuse against the surviving spouse, common child/children or child/children of the spouse by the covered employee; 4. the covered employee's recurrent commission of physical violence, or grossly, abusive conduct, against the surviving spouse, common child/children or child/children of the spouse; 5. the covered employee's infliction of physical violence, or imposition of moral duress, to compel the surviving spouse, common child/children or child/children of the spouse to change their religious or political affiliation; 6. attempt of the covered employee to corrupt, or induce the surviving spouse, common child/children or child/children of the spouse to engage in prostitution, or to make them connive with the employee in such an act of corruption or inducement; 7. drug addiction or habitual alcoholism of the covered employee; 8. lesbianism or homosexuality of the covered employee; 9. contraction of bigamous marriages by the covered employee, whether in the Philippines or abroad; 10. sexual infidelity or perversion of the covered employee; 11. the covered employee's act of allowing the surviving spouse, common child/children or child/children of the spouse to be subjected to acts of lasciviousness; and 12. the covered employee's contraction of serious, sexually transmitted disease extra-maritally. (as provided under Board Resolution No. 97-09-0500, Sept. 4, 1997) (2) 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; Provided, further, that 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. (ECC Resolution No. 2799, July 25, 1984). (c) The following beneficiaries shall be considered secondary: (1) The legitimate parents wholly dependent upon the employee for regular support; (2) The legitimate descendants and illegitimate children who are unmarried, not gainfully employed, and 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.

Section 2

(a) Primary beneficiaries shall have priority claim to death benefit over secondary beneficiaries. Whenever there are primary beneficiaries, no death benefit shall be paid to his secondary beneficiaries. (b) If the deceased employee has no primary beneficiaries at the time of his death, the death benefit shall be paid to his secondary beneficiaries. (c) If the deceased employee has no beneficiaries at the time of his death, the death benefit shall accrue to the Employees' Compensation fund.

Section 3

Primary beneficiaries shall be entitled to a monthly income benefit. In their absence, the secondary beneficiaries shall be entitled to a monthly income benefit not to exceed 60 months and the death benefit shall not be less than P15,000.00. (ECC Resolution No. 2799 dated July 25, 1984).