Title
Insular Life Assurance Co., Ltd. vs. Ebrado
Case
G.R. No. L-44059
Decision Date
Oct 28, 1977
A legally married man’s common-law wife, designated as beneficiary in his life insurance policy, is disqualified from claiming proceeds under Article 739 of the Civil Code, rendering proceeds payable to his estate.

Case Summary (G.R. No. L-44059)

Legal Issue

Can a common-law spouse, living in concubinage with an insured who is legally married to another, validly be named and qualified as beneficiary under a life insurance policy?

Trial Court Ruling

The Court of First Instance held that Carponia was disqualified under Article 739 of the Civil Code—which voids donations between persons guilty of adultery or concubinage at the time of donation—and ordered the proceeds paid to the insured’s estate.

Supreme Court Analysis

  1. Insurance contracts are governed by special legislation; in gaps, the Civil Code applies (Art. 2011).
  2. Article 2012 explicitly extends the prohibitions on donations (Art. 739) to life insurance beneficiaries: “any person who is forbidden from receiving any donation … cannot be named beneficiary of a life insurance policy.”
  3. A beneficiary under a life policy is analogous to a donee in a civil donation—both receive gratuitous liberalities from the insured/donor.
  4. Article 739 voids donations between persons in concubinage at the time of donation; no criminal conviction is required, as guilt may be proven by a preponderance of evidence in the same proceeding.
  5. The pre-trial stipulation constituted judicial admissions that the insured and Carponia were in concubinage while still married to Pascuala, satisfying the proof requirement.
  6. Public policy and moral considerations support barring illicit unions from p

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