Title
Association of Baptists for World Evangelism, Inc. vs. Fieldmen's Insurance Co., Inc.
Case
G.R. No. L-28772
Decision Date
Sep 21, 1983
A 1955 Chevrolet insured by plaintiff was taken without consent, damaged in a joyride. Court ruled unauthorized use as theft under policy, no criminal conviction required; insurer liable for damages.
Font Size:

Case Digest (G.R. No. L-28772)

Facts:

Parties Involved

  • Plaintiff-Appellee: Association of Baptists for World Evangelism, Inc., a religious corporation registered under Philippine laws.
  • Defendant-Appellant: Fieldmen's Insurance Co., Inc., a domestic corporation registered under Philippine laws.

Subject of the Case

  • The plaintiff insured a 1955 Chevrolet Carry-all, owned by Reverend Clinton Bonnel, under Fieldmen's Insurance Co., Inc. Private Car Comprehensive Policy No. 22 JL 1107, with a coverage of up to P5,000.00.

Incident Leading to the Case

  • In late 1961, the Chevrolet Carry-all was placed at the Jones Monument Mobilgas Service Station in Davao City under the care of Rene Te, the station operator, for display and sale. Rene Te and his staff were to receive a 2% commission if the vehicle was sold.
  • On January 18, 1962, Romeo Catiben, a station boy and nephew of Rene Te’s wife, took the vehicle for a joy ride to Toril, Davao City, without the permission of the plaintiff, its representative Dr. Antonio Lim, or Rene Te.
  • While returning to Davao City, the vehicle, due to a mechanical defect, accidentally hit an electric post, causing damages valued at P5,518.61.

Issue Before the Court

  • The primary issue was whether the damage to the Chevrolet Carry-all was compensable under the insurance policy without requiring a prior criminal conviction of Romeo Catiben for theft.

Issue:

  1. Whether the act of Romeo Catiben in taking the vehicle for a joy ride constitutes theft under the insurance policy.
  2. Whether a prior criminal conviction for theft is necessary for the plaintiff to recover damages under the insurance policy.

Ruling:

The Supreme Court affirmed the judgment of the Trial Court, holding that:

  1. The act of Romeo Catiben in taking the vehicle without consent constitutes theft under the insurance policy.
  2. A prior criminal conviction for theft is not required for the plaintiff to recover damages under the insurance policy.

The Court ordered the defendant, Fieldmen's Insurance Co., Inc., to pay the plaintiff:

  • P5,000.00 as indemnity for the damage to the vehicle.
  • P2,000.00 for attorney's fees.
  • Costs of the suit.

Ratio:

  • (Unlock)

Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.