WEEK 1-2 TERUEL PALILEO vs COSIO FACTS: Plaintiff obtained from defendant a loan in the sum of P12,000.

. To secure the payment of the aforesaid loan, defendant required plaintiff to sign a document known as Conditional Sale of Residential Building, purporting to convey to defendant, with right to repurchase, a two-story building of strong materials belonging to plaintiff. This document did not express the true intention of the parties which was merely to place said property as security for the payment of the loan. After the execution of the aforesaid document, defendant insured the building against fire for the sum of P15,000, the insurance policy having been issued in the name of defendant. The building was partly destroyed by fire and, after proper demand, defendant collected from the insurance company an indemnity of P13,107.00. Plaintiff demanded from defendant that she be credited with the necessary amount to pay her obligation out of the insurance proceeds but defendant refused to do so. ISSUE: WON a mortgagor is entitled to the insurance proceeds of the mortgaged property independently insured by the mortgagee? No. What is the effect of the insurance? Subrogation HELD: NO. The rule is that where a mortgagee, independently of the mortgagor, insures the mortgaged property in his own name and for his own interest, he is entitled to the insurance proceeds in case of loss, but in such case, he is not allowed to retain his claim against the mortgagor, but is passed by subrogation to the insurer to the extent of the money paid. (Vance on Insurance, 2d ed., p. 654) Or, stated in another way, the mortgagee may insure his interest in the property independently of the mortgagor. In that event, upon the destruction of the property the insurance money paid to the mortgagee will not inure to the benefit of the mortgagor, and the amount due under the mortgage debt remains unchanged. The mortgagee, however, is not allowed to retain his claim against the mortgagor, but it passes by subrogation to the insurer, to the extent of the insurance money paid.