MELCHORA CABANAS vs FRANCISCO PILAPIL

G.R. No. L-25843 July 25, 1974

Facts: Florentino Pilapil insured himself and indicated his child, Millian Pilapil 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 Pilapil. Florentino died when the
child was only ten years old hence, Francisco took charge of Florentino’s benefits for
the child. Meanwhile, the mother of the child, Melchora Cabañas, with whom the child is
living, filed a complaint seeking the delivery of the sum of money in her favor and
allows herself to be the child’s 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: W/N the State has the authority to interfere with the terms of insurance polivy
by virtue of paren patriae?

Ruling: 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.