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Common-Law Spouse Insurance Claim Denied

The Supreme Court ruled that a common-law wife cannot receive the proceeds of her partner's life insurance policy when he names her the beneficiary. The Court reasoned that allowing this would circumvent laws prohibiting property transfers between those in illicit relationships. According to Article 2012 of the Civil Code, anyone forbidden from receiving donations under Article 739, such as common-law spouses, cannot be named beneficiaries. The Court concluded that the same impediments that apply to legitimate married couples should also apply to extra-marital relationships to uphold morality and family laws.

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Ramon Khalil Erum IV
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163 views1 page

Common-Law Spouse Insurance Claim Denied

The Supreme Court ruled that a common-law wife cannot receive the proceeds of her partner's life insurance policy when he names her the beneficiary. The Court reasoned that allowing this would circumvent laws prohibiting property transfers between those in illicit relationships. According to Article 2012 of the Civil Code, anyone forbidden from receiving donations under Article 739, such as common-law spouses, cannot be named beneficiaries. The Court concluded that the same impediments that apply to legitimate married couples should also apply to extra-marital relationships to uphold morality and family laws.

Uploaded by

Ramon Khalil Erum IV
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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THE INSULAR LIFE ASSURANCE COMPANY, LTD. V.

EBRADO upon the nuptial and filial rights of the legitimate family There
G.R. NO. L-44059, OCTOBER 28, 1977 is every reason to hold that the bar in donations between
legitimate spouses and those between illegitimate ones should
FACTS: be enforced in life insurance policies since the same are based
Buenaventura Cristor Ebrado was issued by The Life Assurance on similar consideration As above pointed out, a beneficiary in
Co., Ltd., Policy No. 009929 on a whole-life for P5,882.00 with a life insurance policy is no different from a donee. Both are
a, rider for Accidental Death for the same amount. He died due recipients of pure beneficence. So long as manage remains the
to an accident when a branch of a tree fell on him. threshold of family laws, reason and morality dictate that the
impediments imposed upon married couple should likewise be
The Insular Life Assurance Co., Ltd. liable to pay the coverage imposed upon extra-marital relationship. If legitimate
in the total amount of P11, 745.73. Carponia T. Ebrado filed relationship is circumscribed by these legal disabilities, with
with the insurer a claim for the proceeds of the Policy as the more reason should an illicit relationship be restricted by these
designated beneficiary therein, although she admits that she disabilities.
and the insured Buenaventura were merely living as husband
and wife without the benefit of marriage.

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,
Carponia T. Ebrado. In doubt as to whom the insurance
proceeds shall be paid, the insurer, The Insular Life Assurance
Co., Ltd. commenced an action for Interpleader.

The RTC rendered judgment declaring among others, Carponia


T. Ebrado disqualified from becoming beneficiary of the
insured Buenaventura Cristor Ebrado and directing the
payment of the insurance proceeds to the estate of the
deceased insured.

ISSUE:
Can Carponia, the common-law wife of Buenaventura, receive
the proceeds of the insurance being the named beneficiary?

HELD:
NO. The prohibitory laws against illicit relationships especially
on property and descent will be rendered nugatory, as the
same could easily be circumvented by modes of insurance.
Rather, 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." When not otherwise
specifically provided for by the Insurance Law, the contract of
life insurance is governed by the general rules of the civil law
regulating contracts. And under Article 2012 of the same
Code, "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. Common-law spouses are, definitely, barred
from receiving donations from each other.

Policy considerations and dictates of morality rightly justify the


institution of a barrier between common law spouses in record
to Property relations since such hip ultimately encroaches

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