Cabanas v Pilapil Digest

Facts:
1. Florentino Pilapil insured himself and indicated his child to be his sole beneficiary. He
likewise indicated that if he dies while the child is still a minor, the proceeds shall be
administered by his brother Francisco. Florentino died when the child was only ten years old
hence, Francisco took charge of Florentinos benefits for the child. Meanwhile, the mother of
the child Melchora Cabaas filed a complaint seeking the delivery of the sum of money in
her favor and allow herself to be the childs trustee. Francisco asserted the terms of the
insurance policy and contended that as a private contract its terms and obligations must be
binding only to the parties and intended beneficiaries.
ISSUE: Whether or not the state may interfere by virtue of parens patriae to the
terms of the insurance policy?
YES.
The Constitution provides for the strengthening of the family as the basic social unit, and that
whenever any member thereof such as in the case at bar would be prejudiced and his interest
be affected then the judiciary if a litigation has been filed should resolve according to the
best
interest
of
that
person.
The uncle here should not be the trustee, it should be the mother as she was the
immediate relative of the minor child and it is assumed that the mother shows more care
towards
the
child
than
an
uncle.
It is buttressed by its adherence to the concept that the judiciary, as an agency of the State
acting as parens patriae, is called upon whenever a pending suit of litigation affects one who
is a minor to accord priority to his best interest. It may happen, family relations may press
their respective claims. It would be more in consonance not only with the natural order of
things but the tradition of the country for a parent to be preferred. it could have been different
if the conflict were between father and mother. Such is not the case at all. It is a mother
asserting priority. Certainly the judiciary as the instrumentality of the State in its role
of parens patriae, cannot remain insensible to the validity of her plea.