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    The Insular Life Ass. Co., Ltd. v. Ebrado, No. L-44059, Oct. 28, 1977, 80 SCRA 181

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    Minorka Sushmita Pataunia Santoluis
    1) Buenaventura Ebrado took out a life insurance policy and named his common-law spouse, Carponia Ebrado, as the beneficiary. He later died in an accident. 2) Carponia filed a claim to receive the policy proceeds, but Buenaventura's legal widow Pascuala also filed a claim. 3) The court held that under Article 739 of the Civil Code, donations between persons engaged in adultery or concubinage are void, so a common-law spouse cannot claim the proceeds of a life insurance policy in which they were named beneficiary.

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    The Insular Life Ass. Co., Ltd. v. Ebrado, No. L-44059, Oct. 28, 1977, 80 SCRA 181

    Uploaded by

    Minorka Sushmita Pataunia Santoluis
    51 views1 page
    1) Buenaventura Ebrado took out a life insurance policy and named his common-law spouse, Carponia Ebrado, as the beneficiary. He later died in an accident. 2) Carponia filed a claim to receive the policy proceeds, but Buenaventura's legal widow Pascuala also filed a claim. 3) The court held that under Article 739 of the Civil Code, donations between persons engaged in adultery or concubinage are void, so a common-law spouse cannot claim the proceeds of a life insurance policy in which they were named beneficiary.

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    The Insular Life Ass. Co., Ltd. v. Ebrado, No. L-44059, Oct. 28, 1977, 80 SCRA 181

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    1) Buenaventura Ebrado took out a life insurance policy and named his common-law spouse, Carponia Ebrado, as the beneficiary. He later died in an accident. 2) Carponia filed a claim to receive the policy proceeds, but Buenaventura's legal widow Pascuala also filed a claim. 3) The court held that under Article 739 of the Civil Code, donations between persons engaged in adultery or concubinage are void, so a common-law spouse cannot claim the proceeds of a life insurance policy in which they were named beneficiary.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    51 views1 page

    The Insular Life Ass. Co., Ltd. v. Ebrado, No. L-44059, Oct. 28, 1977, 80 SCRA 181

    Uploaded by

    Minorka Sushmita Pataunia Santoluis
    1) Buenaventura Ebrado took out a life insurance policy and named his common-law spouse, Carponia Ebrado, as the beneficiary. He later died in an accident. 2) Carponia filed a claim to receive the policy proceeds, but Buenaventura's legal widow Pascuala also filed a claim. 3) The court held that under Article 739 of the Civil Code, donations between persons engaged in adultery or concubinage are void, so a common-law spouse cannot claim the proceeds of a life insurance policy in which they were named beneficiary.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    The Insular Life Ass. Co., Ltd. v. Ebrado, No. L-44059, Oct.

    28, 1977, 80 SCRA 181

    Facts:

    Buenaventura Ebrado was issued a whole-life plan by petitioner, and Carponia Ebrado was
    named as the revocable beneficiary in his policy. Buenaventura died as a result of an accident.
    As the insurance policy was in force, petitioner was liable to pay the coverage of the face value of
    the policy. Carponia filed a claim for the proceeds of the policy although she admits that she and
    the deceased were common-law spouses. 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 . The CFI rendered judgment
    declaring Carponia to be disqualified to claim, and the insurance proceeds was to be paid to the
    estate of the deceased.

    Issue:

    Whether or not a common-law spouse named as a beneficiary can claim the proceeds of an
    insurance policy?

    Held:

    NO. Art. 739 (NCC) states, among others, that a donation made between persons who are guilty
    of adultery or concubinage at the time of the donation is void. A life insurance policy is no different
    from a civil donation insofar as the beneficiary is concerned. Both are founded on the same
    consideration: liberality. As a consequence, the proscription in Art. 739 should equally operate in
    life insurance contracts. In such a case, there is no need that a conviction for adultery or
    concubinage is exacted before the disabilities mentioned in Art. 739 may effectuate. Criminal
    conviction is not a condition precedent (as regards the first paragraph of the same article). So
    long as marriage remains, the threshold of family laws, reason and morality dictate that the
    impediments imposed upon a married couple should likewise be imposed upon extra-marital
    relationship. If legitimate relationship is circumscribed by these legal disabilities, with more reason
    should an illicit relationship be restricted by these disabilities.

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