Philamcare Health Systems, Inc. v. Court of Appeals
Philamcare Health Systems, Inc. v. Court of Appeals
Philamcare Health Systems, Inc. v. Court of Appeals
Court of Appeals
G.R. No. 125678, 18 March 2002, 379 SCRA 356
YNARES-SANTIAGO, J
FACTS:
In 1988, Ernani Trinos applied for a health care insurance under the Philamcare
Health Systems, Inc. He was asked if he was ever treated for high blood, heart trouble,
diabetes, cancer, liver disease, asthma, or peptic ulcer; he answered no. His application
was approved and it was effective for one year. His coverage was subsequently
renewed twice for one year each. While the coverage was still in force in 1990, Ernani
suffered a heart attack for which he was hospitalized. The cost of the hospitalization
amounted to P76,000.00. Julita Trinos, wife of Ernani, filed a claim before Philamcare
for the latter to pay the hospitalization cost. Philamcare refused to pay as it alleged that
Ernani failed to disclose the fact that he was diabetic, hypertensive, and asthmatic.
Julita ended up paying the hospital expenses. Ernani eventually died. In July 1990,
Julita sued Philamcare for damages. Philamcare alleged that the health coverage is not
an insurance contract; that the concealment made by Ernani voided the agreement.
ISSUE:
Whether or not Philamcare can avoid the health coverage agreement.
HELD:
No. The health coverage agreement (health care agreement) entered upon by
Ernani with Philamcare is a non-life insurance contract and is covered by the Insurance
Law. It is primarily a contract of indemnity. Once the member incurs hospital, medical or
any other expense arising from sickness, injury or other stipulated contingent, the health
care provider must pay for the same to the extent agreed upon under the contract.
There is no concealment on the part of Ernani. He answered the question with good
faith. He was not a medical doctor hence his statement in answering the question asked
of him when he was applying is an opinion rather than a fact. Answers made in good
faith will not void the policy.
Further, Philamcare, in believing there was concealment, should have taken the
necessary steps to void the health coverage agreement prior to the filing of the suit by
Julita. Philamcare never gave notice to Julita of the fact that they are voiding the
agreement. Therefore, Philamcare should pay the expenses paid by Julita.