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Republic of the Philippines interest thereon due for January and February, P5,882.

00 with the rider for accidental death benefit
SUPREME COURT 1969, in the sum of P36.27. as evidenced by Exhibits A for plaintiffs and Exhibit
Manila 1 for the defendant Pascuala and Exhibit 7 for
Carponia T. Ebrado filed with the insurer a claim for Carponia Ebrado; 3) that during the lifetime of
FIRST DIVISION the proceeds of the Policy as the designated Buenaventura Ebrado, he was living with his
beneficiary therein, although she admits that she common-wife, Carponia Ebrado, with whom she had
G.R. No. L-44059 October 28, 1977 and the insured Buenaventura C. Ebrado were 2 children although he was not legally separated
merely living as husband and wife without the from his legal wife; 4) that Buenaventura in accident
THE INSULAR LIFE ASSURANCE COMPANY,
benefit of marriage. on October 21, 1969 as evidenced by the death
LTD., plaintiff-appellee,
vs. Exhibit 3 and affidavit of the police report of his
Pascuala Vda. de Ebrado also filed her claim as the
CARPONIA T. EBRADO and PASCUALA VDA. death Exhibit 5; 5) that complainant Carponia
widow of the deceased insured. She asserts that
DE EBRADO, defendants-appellants. Ebrado filed claim with the Insular Life Assurance
she is the one entitled to the insurance proceeds,
Co. which was contested by Pascuala Ebrado who
not the common-law wife, Carponia T. Ebrado.
also filed claim for the proceeds of said policy 6) that
In doubt as to whom the insurance proceeds shall in view ofthe adverse claims the insurance company
MARTIN, J.: filed this action against the two herein claimants
be paid, the insurer, The Insular Life Assurance Co.,
Ltd. commenced an action for Interpleader before Carponia and Pascuala Ebrado; 7) that there is now
This is a novel question in insurance law: Can a
the Court of First Instance of Rizal on April 29, 1970. due from the Insular Life Assurance Co. as
common-law wife named as beneficiary in the life
proceeds of the policy P11,745.73; 8) that the
insurance policy of a legally married man claim the
After the issues have been joined, a pre-trial beneficiary designated by the insured in the policy is
proceeds thereof in case of death of the latter?
conference was held on July 8, 1972, after which, a Carponia Ebrado and the insured made reservation
On September 1, 1968, Buenaventura Cristor pre-trial order was entered reading as to change the beneficiary but although the insured
Ebrado was issued by The Life Assurance Co., Ltd., follows: ñé+.£ªwph!1 made the option to change the beneficiary, same
Policy No. 009929 on a whole-life for P5,882.00 with was never changed up to the time of his death and
During the pre-trial conference, the parties the wife did not have any opportunity to write the
a, rider for Accidental Death for the same amount
manifested to the court. that there is no possibility of company that there was reservation to change the
Buenaventura C. Ebrado designated T. Ebrado as
amicable settlement. Hence, the Court proceeded to designation of the parties agreed that a decision be
the revocable beneficiary in his policy. He to her as
have the parties submit their evidence for the rendered based on and stipulation of facts as to who
his wife.
purpose of the pre-trial and make admissions for the among the two claimants is entitled to the policy.
On October 21, 1969, Buenaventura C. Ebrado died purpose of pretrial. During this conference, parties
as a result of an t when he was hit by a failing Carponia T. Ebrado and Pascuala Ebrado agreed Upon motion of the parties, they are given ten (10)
branch of a tree. As the policy was in force, The and stipulated: 1) that the deceased Buenaventura days to file their simultaneous memoranda from the
Insular Life Assurance Co., Ltd. liable to pay the Ebrado was married to Pascuala Ebrado with whom receipt of this order.
coverage in the total amount of P11,745.73, she has six — (legitimate) namely; Hernando,
Cresencio, Elsa, Erlinda, Felizardo and Helen, all SO ORDERED.
representing the face value of the policy in the
amount of P5,882.00 plus the additional benefits for surnamed Ebrado; 2) that during the lifetime of the
On September 25, 1972, the trial court rendered
accidental death also in the amount of P5,882.00 deceased, he was insured with Insular Life
judgment declaring among others, Carponia T.
and the refund of P18.00 paid for the premium due Assurance Co. Under Policy No. 009929 whole life
Ebrado disqualified from becoming beneficiary of
November, 1969, minus the unpaid premiums and plan, dated September 1, 1968 for the sum of
the insured Buenaventura Cristor Ebrado and

since a contract of insurance is personal concerned. Both are founded upon the same donation). Article 2011 of the New Civil Code established by preponderance of evidence in the operate in life insurance contracts. illegitimate ones should be enforced in life insurance . As a consequence. the proscription should be applied to resolve this void in the exist and that it is only necessary that such fact be in Article 739 of the new Civil Code should equally Insurance Law. the contract of life insurance is marriage of the insured with the other defendant law. It is quite unfortunate that the Insurance Act (RA 2327. Section 50 of the Insurance Act In the case referred to in No. and the guilt of the donee of those acts be made in a separate independent whose name it is made" 1 cannot be validly seized may be proved by preponderance of evidence in the action brought for the purpose. barred rightly justify the institution of a barrier between death of the insured. Those made between persons who were guilty of between legitimate spouses and those between adultery or concubinage at the time of donation. "any person who is forbidden from there is no question that defendant Carponia T. donee (beneficiary) may be proved by The word "interest" highly suggests that the 2. because from the premiums of the policy descent will be rendered nugatory. The guilt of the upon to hold that the mm includes the beneficiary. de Ebrado was valid and still existing testament and in construing it. held: ñé+. 1976. A beneficiary is like a against illicit relationships especially on property and It is. however. Ebrado was made beneficiary in the policy in beneficiary will receive the proceeds or profits of insurance. Civil Code that a criminal conviction for adultery or any specific provision grossly resolutory of the prime concubinage is not essential in order to establish the question at hand.5 Under American Insurance Law. a policy of life insurance is considered as a governed by the general rules of the civil law Pascuala Vda. in consideration thereof. Ebrado appealed to the Court of Appeals. of a clause designating the beneficiary by rules receiving any donation under Article 739 cannot be Ebrado is disqualified from becoming the beneficiary under which wins are interpreted. Ebrado were living together as husband beneficiary in the life insurance policy of the person When not otherwise specifically provided for by the and wife without being legally married and that the who cannot make the donation. The mandate of states: "The contract of insurance is governed by trial.£ªwph!1 1. 3 And under Article 2012 of the at the time the insurance in question was purchased as possible treat it as a will and determine the effect same Code. but on July 11. 2 Otherwise. essential that such adultery or donee. the could easily be circumvented by modes of T. Policy considerations and dictates of morality entitled to the proceeds of the insurance upon the him. so far regulating contracts. definitely. 1. the general rules of civil law question for the disqualification and incapacity to said insurance. the action for disqualification mentioned therein. 612. Those made to a public officer or his wife. as the same concubinage exists at the time defendant Carponia which the insured pays out of liberality. Carponia T. In essence. in character. 1. from receiving donations from each other. the prohibitory laws consideration: liberality. 739 of the Code (PD No. 6 named beneficiary of a fife insurance policy by the of the policy in question and as such she is not person who cannot make a donation to 3. Article common law spouses in record to Property relations 739 of the new Civil Code provides: ñé+. Matters not expressly provided for in quoted that the deceased insured and defendant cannot receive a donation cannot be named as such special laws shall be regulated by this Code. It is patent from the last paragraph of Art. a life insurance policy is no different preponderance of evidence in the same proceeding provision refers only to the "insured" and not to the from a civil donation insofar as the beneficiary is (the action brought to declare the nullity of the beneficiary. same action.directing the payment of the insurance proceeds to We affirm the judgment of the lower court. as amended) does not contain descendants or ascendants by reason of his office. Neither is it also which provides that "(t)he insurance shag be applied declaration of nullity may be brought by the spouse necessary that a finding of such guilt or commission exclusively to the proper interest of the person in of the donor or donee. Article 2012 cannot be laid aside: any person who special laws. as amended) or even the new Insurance 3. 4 Common-law spouses are. the courts will. The trial court same criminal offense.£ªwph!1 since such hip ultimately encroaches upon the From this judgment. Those made between persons found guilty of the the estate of the deceased insured. Since it is agreed in their stipulation above. Rather." Carponia T. the nuptial and filial rights of the legitimate family There The following donations shall be void: Appellate Court certified the case to Us as involving is every reason to hold that the bar in donations only questions of law.

'to prohibit donations in favor of statutory construction that what is within the spirit of Ebrado with whom she has six legitimate children. embodies a deeply rooted notion of what is just and common-law relationship between the insured and in Matabuena v. the appealed judgment of the other.£ªwph!1 relationship instead of being visited with disabilities the stipulations between the parties in the pre-trial would be attended with benefits. the law plainly states that the guilt Both are recipients of pure beneficence. any other declaration of nullity of donation. it cannot even be from the consideration As above pointed out. XI. Titl. More insured and the beneficiary. So long as It is hardly necessary to add that even in the of the party may be proved "in the same acting for manage remains the threshold of family laws. a fife insurance policy is no different from a donee. so that the danger that the law seeks to the lower court is hereby affirmed. Ebrado in of the donor or donee. Ebrado. the may be proved by preponderance of evidence in the donations should subsist. 24. On the contrary.' So the estate of the deceased insured.policies since the same are based on similar the disabilities attached to marriage should likewise precedent. 1. as Ebrado is hereby declared disqualified to be the declaration of nullity may be brought by the spouse already pointed out by Ulpian (in his lib. Carponia Ebrado. Otherwise the basic purpose discernible in such living with his common-law wife. family law. In the case referred to in No. then there is very concubinage is exacted before the disabilities purpose of proving the illicit liaison between the reason to apply the same prohibitive policy to mentioned in Article 739 may effectuate. Tit. If legitimate to apply a laudable rule to a situation which in its of proof in criminal cases is not demanded. For it is not to be doubted who were guilty of adultery or concubinage at the based on this agreement and stipulation of facts as that assent to such irregular connection for thirty time of the donation. We do not think that a conviction for adultery or without going through the rigors of a trial for the sole De donat. as a desponjandose el uno al otro por amor que han de purely literal of the language used must be consequence. on the basis of these LAW IV). aforequoted provision that a prosecution is needed. a beneficiary in attach to concubinage.£ªwph!1 policy. stipulated therein that the deceased insured opinion of the then Justice J. Ebrado was married to Pascuala (Court of Appeals). Reyes of that court If there is every any occasion where the principle of Buenaventura C. Moreover. reason and morality alike demand that criminal conviction for the offense is a condition SO ORDERED. this that during his lifetime. Moreover." por-que no se enganen omission may be apparent in an interpretation are nothing less thanjudicial admissions which. a judgment may be validly rendered invicem spoliarentur' the Pandects (Bk. These stipulations ancient law. in that pretrial. 'it would not be just that such his life insurance policy. the other consort and his descendants because of the law is as much a part of it as what is written.L. through what is right would be nullified if such irregular the beneficiary has been conveniently supplied by Justice Fernando. absence of the above pronouncement. 4. Certainly a legal conference of the case. Whatever with whom he has two children. Carponia T. and the guilty of the donee Sabinum. relationship is circumscribed by these legal essentials cannot be distinguished. a prejudice deeply rooted in our codal provision would not be attained. Costs against long as marriage remains the cornerstone of our The underscored clause neatly conveys that no Carponia T. As a consequence. fr. said: ñé+. contradicted. It case agreed upon and If the policy of the law is. Cervantes. with more reason should an illicit at all to be differentiated the policy of the law which In the caw before Us. upon the donor. 1. 1). 32 ad beneficiary of the late Buenaventura C. In fact. lest the condition 6f those proceeds of the policy are hereby held payable to same action. who incurred guilt should turn out to be better. in the language of the norm should not be susceptible to such a reproach. the requisite proof of relationship be restricted by these disabilities. It would sufficient if evidence preponderates upon the guilt of imposed upon married couple should likewise be be to indict the frame of the Civil Code for a failure the consort for the offense indicated. it would be reason and morality dictate that the impediments conclusion cannot stand the test of scrutiny. no longer require proof and cannot be consuno' (According to) the Partidas (Part IV. the action for avoid is correspondingly increased. In fact. the deceased insured was and undue and improper pressure and influence is it. reiterating the rationale 'No Mutuato amore admissions.B. The quantum imposed upon extra-marital relationship. 8 A fortiori. persons living together as husband and wife without specifically. with record to the disability on "persons the parties even agreed "that a decision be rendered the benefit of nuptials. Thus." Article 739 itself to who among the two claimants is entitled to the years bespeaks greater influence of one party over provides: ñé+."ACCORDINGLY. inter virum et uxorem). And. 7 this Court. remedied by an adherence to its avowed objective. . if it is disabilities.

Pascuala Vda. the action for Cristor Ebrado was issued by The Life Assurance The word "interest" highly suggests that the declaration of nullity may be brought by the spouse Co. the contract of life insurance is sufficient if evidence preponderates. She asserts that donations from each other.. L-44059 October 28. benefits foraccidental death. He was also the proceeds as the designated beneficiary therein. The law plainly states that the guilt of the to pay the coverage in the total amount of insurance. The article says that in J.. it would be policy in the amount of P5. Ebrado filed with the insurer a claim for regulating contracts. any person who is forbidden from living in with his common-law wife with whom he has although she admited that she and the insured were receiving any donation under Article 739 cannot be two children. 1. Insular Life was made liable could easily be circumvented by modes of precedent.73. Section 50 of the Insurance Act which provides that A conviction for adultery or concubinage isn’t 1977 "the insurance shall be applied exclusively to the required exacted before the disabilities mentioned in Facts: proper interest of the person in whose name it is Article 739 may effectuate.882.Insular v Ebrado G. No. Martin: made" the case referred to in No. since a contract of insurance is personal may be proved by preponderance of evidence in the Ebrado as the revocable beneficiary in his policy. against illicit relationships especially on property The underscored clause neatly conveys that no Cristor was killed when he was hit by a and descent will be rendered nugatory. proceeds. beneficiary. He in character. representing the face value of the When not otherwise specifically provided for by the declaration of nullity of donation. she is the one entitled to the insurance proceeds. Article 739 provides that void donations are those Insular commenced an action for Interpleader before made between persons who were guilty of adultery the trial court as to who should be given the or concubinage at the time of donation. So long as marriage remains married man can claim the proceeds in case of the threshold of family laws. the prohibitory laws same action. He designated Carponia T.745. governed by the general rules of the civil law The insured was married to Pascuala Ebrado with Carponia T. merely living as husband and wife without the named beneficiary of a fife insurance policy by the benefit of marriage. Petition extra-marital relationship. a policy for P5. Otherwise. Ratio: .882.00 with a rider provision refers only to the "insured" and not to the of the donor or donee. party may be proved “in the same acting for P11. de Ebrado also filed her claim as the Common-law spouses are barred from receiving widow of the deceased insured. The court declared Carponia as There is every reason to hold that the bar in disqualified. as the same criminal conviction for the offense is a condition failing branch of a tree. same Code. person who cannot make a donation to him.00 plus the additional Insurance Law. referred to her as his wife. and the guilty of the donee for Accidental Death. reason and death of the latter? morality dictate that the impediments imposed upon married couple should likewise be imposed upon Held: No. And under Article 2012 of the whom she has six legitimate children.” And. donations between legitimate spouses and those between illegitimate ones should be enforced in life Issue: WON a common-law wife named as insurance policies since the same are based on beneficiary in the life insurance policy of a legally similar consideration.R. Ltd.