Case Digest (G.R. No. 51910)
Facts:
In G.R. No. 112329 decided on January 28, 2000 under the 1987 Constitution, petitioner Virginia A. Perez challenged the Court of Appeals’ July 9, 1993 decision that declared Insurance Policy No. 056300 for ₱50,000 issued by BF Lifeman Insurance Corporation null and void. The deceased, Primitivo B. Perez, had maintained a ₱20,000 policy with BF Lifeman since 1980. In October 1987 its agent, Rodolfo Lalog, secured Primitivo’s application for an additional ₱50,000 coverage and collected a ₱2,075 payment marked as “deposit.” The original application was lost and refilled on October 28. After passing the medical exam on November 1, 1987, the application and documents were sent to the BF Lifeman branch in Gumaca, Quezon, which failed to forward them immediately to Manila. Primitivo died in an accident on November 25, 1987, before the head office received and approved his papers on November 27. Unaware of his death, BF Lifeman issued the new policy on December 2, 1987. Upon Primitivo’sCase Digest (G.R. No. 51910)
Facts:
- Contract formation
- Primitivo B. Perez had been insured with BF Lifeman Insurance Corporation since 1980 for ₱20,000.
- In October 1987, agent Rodolfo Lalog solicited additional coverage of ₱50,000 under a promotional discount.
- Application process
- October 20, 1987: Perez signed an application for the additional ₱50,000 and paid ₱2,075 (marked “deposit”).
- Agent lost the original form; October 28, 1987: Perez executed a second application.
- Medical examination and transmission
- November 1, 1987: Perez underwent and passed the required medical examination.
- Lalog forwarded the application and supporting papers to the Gumaca branch for onward transmission to Manila.
- Death and policy issuance
- November 25, 1987: Perez died in a banca accident; papers still at Gumaca branch.
- November 27, 1987: Lalog personally delivered papers to the Manila office.
- December 2, 1987: BF Lifeman issued Policy No. 056300 for ₱50,000 without knowledge of Perez’s death.
- Survivor (Virginia A. Perez) received ₱40,000 under the original policy; insurer refunded ₱2,075 and denied the additional claim.
- Judicial proceedings
- September 21, 1990: BF Lifeman sued for rescission and nullity of the ₱50,000 contract.
- Virginia Perez counterclaimed for ₱150,000 actual damages and other reliefs.
- October 25, 1991 (RTC): Judgment for defendant, ordering BF Lifeman to pay ₱150,000.
- July 9, 1993 (CA): Reversed RTC, declared the ₱50,000 policy null and void.
Issues:
- Whether the ₱50,000 insurance contract was perfected before the insured’s death.
- Whether the condition that the policy be delivered to and accepted by the insured in good health is a void potestative condition.
- Whether the insurer’s delay in processing the application constitutes gross negligence.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)