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    Insular Life V Ebrado Digest

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    A man named Buenaventura Cristor Ebrado had taken out a life insurance policy naming his common-law wife, Carponia Ebrado, as the beneficiary. However, Buenaventura was still legally married to another woman, Pascuala Ebrado, at the time of his death. When Buenaventura died in an accident, both Carponia and Pascuala filed claims to the life insurance proceeds. The court ruled that under Article 739 of the Civil Code, a common-law spouse is barred from receiving donations from someone who is still legally married to another. Therefore, Carponia was disqualified from being the beneficiary, and the

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    Insular Life V Ebrado Digest

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    anj26a
    2K views2 pages
    A man named Buenaventura Cristor Ebrado had taken out a life insurance policy naming his common-law wife, Carponia Ebrado, as the beneficiary. However, Buenaventura was still legally married to another woman, Pascuala Ebrado, at the time of his death. When Buenaventura died in an accident, both Carponia and Pascuala filed claims to the life insurance proceeds. The court ruled that under Article 739 of the Civil Code, a common-law spouse is barred from receiving donations from someone who is still legally married to another. Therefore, Carponia was disqualified from being the beneficiary, and the

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    Insular Life v Ebrado Digest

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    A man named Buenaventura Cristor Ebrado had taken out a life insurance policy naming his common-law wife, Carponia Ebrado, as the beneficiary. However, Buenaventura was still legally married to another woman, Pascuala Ebrado, at the time of his death. When Buenaventura died in an accident, both Carponia and Pascuala filed claims to the life insurance proceeds. The court ruled that under Article 739 of the Civil Code, a common-law spouse is barred from receiving donations from someone who is still legally married to another. Therefore, Carponia was disqualified from being the beneficiary, and the

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2K views2 pages

    Insular Life V Ebrado Digest

    Uploaded by

    anj26a
    A man named Buenaventura Cristor Ebrado had taken out a life insurance policy naming his common-law wife, Carponia Ebrado, as the beneficiary. However, Buenaventura was still legally married to another woman, Pascuala Ebrado, at the time of his death. When Buenaventura died in an accident, both Carponia and Pascuala filed claims to the life insurance proceeds. The court ruled that under Article 739 of the Civil Code, a common-law spouse is barred from receiving donations from someone who is still legally married to another. Therefore, Carponia was disqualified from being the beneficiary, and the

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    of 2

    FEU JD 2014

    Insurance

    The Insular Life Assurance Company, Ltd., vs. Carponia Ebrado


    GR. No. L- 44059

    Angela Alba
    October 28, 1977

    DOCTRINE:
    General rules of civil law should be applied to resolve any void in the Insurance Law, as
    pronounced in Article 2011 of the NCC.
    A contract of insurance is personal in character.
    FACTS:
    Buenaventura Cristor Ebrado was married to Pascuala Ebrado. During his lifetime, he was living
    with his common-law wife, Carponia Ebrado, although he was not legally separated from his legal
    wife. Buenaventura was issued by The Insular Life Assurance Co., Ltd., Policy No. 009929 on a
    whole-life plan for PhP 5,8882.00 with a rider for Accidental Death Benefits for the same amount.
    Buenaventura designated Carponia Ebrado as the revocable beneficiary in his policy.
    Buenaventura died as a result of an accident when he was hit by a falling branch of a tree. As the
    insurance policy was still in force, The Insular Life Assurance Co., Ltd stands liable to pay the
    coverage.
    Carponia Ebrado, his common-law wife, filed with the insurer a claim for the proceeds of the policy
    as the designated beneficiary therein. Pascuala Vda. de Ebrado also filed her claim as the widow
    of the deceased insured. She asserts that she is the one entitled to the insurance proceeds, not
    the common-law wife.
    In doubt as to whom the insurance proceeds shall be paid, the insurer, The Insular Life Assurance
    Co., Ltd, commenced an action for Interpleader before the CFI of Rizal.
    ISSUE: Can a common-law wife of a man who was not legally separated from his legal wife be a
    beneficiary of his life insurance plan?
    HELD/RULING
    No.
    The Insurance Act (RA 2327, as amended) or even the new Insurance Code (PD No. 612, as
    amended) does not contain any specific provision grossly resolutory to the question at hand.
    Section 50 of the Insurance Act, which provides that (t)he insurance shall be applied exclusively to
    the proper interest of the person in whose name it is made, cannot be interpreted that it includes
    the beneficiary because a contract of insurance is personal in character. The general rules of civil
    law should be applied to resolve this void in the Insurance Law.
    Article 2011 of the New Civil Code states: The contract of insurance is governed by special laws.
    Matters not expressly provided for in such special laws shall be regulated by this Code.
    Article 2012 of the same Code states that, any person who is forbidden from receiving any
    donation under Article 739 cannot be named beneficiary of a life insurance policy by the person
    who cannot make a donation to him. Therefore, common-law spouses are barred from receiving
    donations from each other.
    Article 739 provides:
    The following donations shall be void:
    Those made between persons who were guilty of adultery or concubinage at the time of the
    donation;
    Those made between persons found guilty of the same criminal offense, in consideration thereof;
    Those made to a public officer or his wife, descendants or ascendants by reason of his office.

    FEU JD 2014

    Insurance

    Angela Alba

    In the case referred to in No. 1, the action for declaration of nullity may be brought by the
    spouse of the donor or donee; and the guilt of the donee may be proved by preponderance of
    evidence in the same action.
    In essence, a life insurance policy is no different from a civil donation insofar as the beneficiary is
    concerned. Both are founded upon the same consideration: liberality. As a consequence, the
    proscription in Art. 739 of the New Civil Code should equally operate in life insurance contracts.
    In the case at bar, the requisite proof of common-law relationship between the insured and the
    beneficiary has been supplied by the stipulations between the parties in the pre-trial conference. It
    was agreed an stipulated that the deceased insured Buenaventura Ebrado was married to
    Pascuala Ebrado and that, during the lifetime of the deceased insured, he was living with his
    common-law wife, Carponia Ebrado. Based on the foregoing, Carponia Ebrado is hereby declared
    disqualified to be the beneficiary of the late Buenaventura Ebrado in his life insurance policy. The
    proceeds of the policy are hereby held payable to the estate of the deceased insured.

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