Title
Minors' Rights on Insurance Contracts
Law
Act No. 3870
Decision Date
Nov 13, 1931
The amendment to Act No. 2427 allows minors aged 18 and above in the Philippines to enter into life, health, and accident insurance contracts, with the ability to borrow money from the insurance company using the policy as collateral.

Legal basis and coverage

  • Act No. 3870 amends Act No. 2427 by adding a separate paragraph at the end of Section 3.
  • Act No. 3696 is the immediate prior amendment referenced for Section 3.
  • The enabling clause applies to “any minor of the age of eighteen years or more.”
  • The clause applies when the contract is for life, health and accident insurance with an insurance company duly licensed to do business in the Philippine Islands.
  • The clause applies only when the insurance is taken on the minor’s own life.
  • The clause governs the appointment of the beneficiary and allows certain policy-backed borrowing.

Substantive rule on insurance contracting

  • A minor of the age of eighteen years or more may, notwithstanding such minority, contract for life, health and accident insurance.
  • The insurance must be with an insurance company duly licensed to do business in the Philippine Islands.
  • The insurance must be taken on the minor’s own life.
  • The beneficiary must be limited to the minor’s estate or any of the following: the minor’s father, mother, husband, wife, child, brother or sister.

Policy borrowing with limitation

  • The insured minor may borrow money from the insurance company.
  • The borrowing must be with the guaranty of the insurance policy.
  • The borrowed amount must not exceed the cash surrender value of the policy.

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