Académique Documents
Professionnel Documents
Culture Documents
SUPREME COURT Assurance Co., Ltd. commenced an action for Interpleader before the Court of First
Manila Instance of Rizal on April 29, 1970.
FIRST DIVISION After the issues have been joined, a pre-trial conference was held on July 8, 1972, after
which, a pre-trial order was entered reading as follows:
ñé+.£ªwph!1
Pascuala Vda. de Ebrado also filed her claim as the widow of the deceased insured. She Upon motion of the parties, they are given ten (10) days to file their
asserts that she is the one entitled to the insurance proceeds, not the common-law wife, simultaneous memoranda from the receipt of this order.
Carponia T. Ebrado.
SO ORDERED.
On September 25, 1972, the trial court rendered judgment declaring among others, the contract of life insurance is governed by the general rules of the civil law regulating
Carponia T. Ebrado disqualified from becoming beneficiary of the insured Buenaventura contracts. 3 And under Article 2012 of the same Code, "any person who is forbidden from
Cristor Ebrado and directing the payment of the insurance proceeds to the estate of the receiving any donation under Article 739 cannot be named beneficiary of a fife insurance
deceased insured. The trial court held: ñé+.£ªwph!1
policy by the person who cannot make a donation to him. 4 Common-law spouses are,
definitely, barred from receiving donations from each other. Article 739 of the new Civil Code
provides:
It is patent from the last paragraph of Art. 739 of the Civil Code that a ñé+.£ª wph!1
4. We do not think that a conviction for adultery or concubinage is exacted before the
disabilities mentioned in Article 739 may effectuate. More specifically, with record to the
disability on "persons who were guilty of adultery or concubinage at the time of the
donation," Article 739 itself provides:
ñé+.£ªw ph!1