Case Digest (G.R. No. L-31845)
Facts:
Great Pacific Life Assurance Company v. Honorable Court of Appeals, G.R. No. L-31845; and Lapulapu D. Mondragon v. Hon. Court of Appeals and Ngo Hing, G.R. No. L-31878, April 30, 1979, Supreme Court First Division, De Castro, J., writing for the Court.The consolidated petitions arise from an action filed by private respondent Ngo Hing to recover insurance proceeds following the death of his one‑year‑old daughter, Helen Go. On March 14, 1957 Ngo Hing submitted an application to Great Pacific Life Assurance Company (Pacific Life) for a P50,000 twenty‑year endowment policy on the life of the child. Branch manager and agent Lapulapu D. Mondragon recorded and later typed the application; Ngo Hing signed it. Ngo Hing paid premiums totaling P1,077.75 which the Company received; he retained P1,317.00 as his commission as an authorized agent. A binding deposit receipt (Exhibit E) was issued by the branch.
On April 30, 1957 Pacific Life sent an intra‑company memorandum (Exhibit 3‑M) disapproving the application because the twenty‑year endowment plan was not offered to children under seven, and offered instead a Juvenile Triple Action Plan; it advised that a Juvenile Non‑Medical Declaration be submitted if the offer was acceptable. Mondragon wrote back on May 6, 1957 urging approval of the original twenty‑year endowment plan (Exhibit 4‑M). On May 28, 1957 Helen Go died of influenza complicated by broncho‑pneumonia. When payment was refused, Ngo Hing sued.
The Court of First Instance of Cebu rendered judgment ordering the defendants (Pacific Life and Mondragon) jointly and severally to pay Ngo Hing P50,000 with interest and P10,000 attorney’s fees plus costs. The Court of Appeals initially set aside the CFI decision, absolved the petitioners of liability, and ordered reimbursement of P1,077.75 without interest. The Court of Appeals later issued an amended decision which, as noted by the Supreme Court, affirmed in toto the CFI judgment ordering the larger award against petitioners. The petitioners sought relief in these consolidated certiorari petitions to the Supreme Court (petitions for certiorari by way of appeal); this Court consolidated the two cases by resolution dated April 29, 1970.
The pivotal factual and legal d...(Subscriber-Only)
Issues:
- Did the binding deposit receipt (Exhibit E) constitute a binding, temporary insurance contract enforceable in favor of Ngo Hing?
- Did private respondent Ngo Hing conceal material facts concerning the health and physical condition of Helen Go, thus voiding the binding receipt or entitling t...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)