G.R. No. L-9374 February 16, 1915
Lessons Applicable: Estate (Insurance)
FACTS:
- Gregorio Nacianceno del Val had a life insurance of P40,000 naming as sole beneficiary his brother Andres Del Val who used the insurance money to repurchase his estate for P18,365.20 and keeping the balance of the insurance of P21,634.80 he also did the same to the personal properties in his possesion
- Francisco Del Val, Et Al., brothers and sisters, contended that the insurance claim as well as the personal properties should be given to the estate and not to Andres.
- Andres: It was his fathers who sold the property named with his brothers and sisters without his consent. Claims that the insurance is solely his.
- Trial Court: dismissed the action stating that it is an action for partition between co-heirs The complaint, however, fails to comply with Code Civ., Pro. sec. 183, in that it does not 'contain an adequate description of the real property of which partition is demanded. Since the estate was finally closed. the matter of the personal property at least must be considered res judicata.
ISSUE: W/N the Andres as sole beneficiary should have exclusive right to the insurance claim.
HELD: YES. judgment appealed from is set aside and the cause returned to the CFI
- agree with the CFI proceeds of an insurance policy belong exclusively to the beneficiary
- The contract of life insurance is a special contract and the destination of the proceeds thereof is determined by special laws which deal exclusively with that subject. The Civil Code has no provisions which relate directly and specifically to life- insurance contracts or to the destination of life insurance proceeds.
- CA not inclined to agree with this contention unless the fact appear or be shown that the defendant acted as he did with the intention to make a gift of the real estate to the other heirs.
