Laws Applicable:
FACTS:
- September 26, 1939: Crown Life Insurance Co. whose home office is based in Toronto, Canada issued to Ramon Gonzaga through its branch office in Manila a 20-year endowment policy for P15,000 which had an annual premium of P591.
- Payment was only until September 6, 1941 because of the outbreak of the war since Crown is an enemy corp. order to be closed during the Japanese occupation. However, despite that it offered a privilege to accept premium payments in the place of its employee in Ermita but of which Gonzaga did not avail.
- Through the automatic premium loan clause, it continued until June 12, 1943
- May 1, 1945: It reopened but still Gonzaga did not pay although there was a reinstatement clause providing certain conditions within three years from the date of lapse on application of the insured
- June 27, 1945: Gonzaga died from an accident
- Crown refused to pay because of the lapse of premium payment
- RTC: against Gonzaga
ISSUE: W/N Gonzaga's widow can claim despite the absence of premium payment during the outbreak of the war
HELD: NO. Affirmed
- Non-payment at the day involves absolute forfeiture is such be the terms of the contract
- failure to notify the postal address during the war is not an excuse
- There is no duty when the law forbids and there is no obligation without corresponding right enjoyed by another
- opening of an interim office partook of the nature of the privilege to the policy holders to keep their policies operative rather than a duty to them under the contract
