THE INSULAR LIFE ASSURANCE COMPANY, LTD.

,
vs. ​CARPONIA T. EBRADO and PASCUALA VDA.
DE EBRADO.

No. L-44059. October 28, 1977

FACTS:

On September 1, 1968, Buenaventura Cristor Ebrado was issued by The Insular Life Assurance Co., Ltd.,
Policy No. 009929 on a whole-life plan for P5,882.00 with a rider for Accidental Death Benefits for the
same amount. Buenaventura C. Ebrado designated

Carponia T. Ebrado as the revocable beneficiary in his policy. He referred to her as his wife.

On October 21, 1969, Buenaventura C. Ebrado died as a result of an accident when he was hit by a
falling branch of a tree. As the insurance policy was in force, The Insular Life Assurance Co., Ltd. stands
liable to pay the coverage in the total amount... of P11,745.73,... Carponia T. Ebrado filed with the insurer
a claim for the proceeds of the policy as the designated beneficiary, although she admits that she and the
insured Buenaventura C. Ebrado were merely living as husband and wife without the benefit of marriage.

ISSUE:

Whether or not a common law wife named as beneficiary in the life insurance policy of a legally married
man claims the proceeds thereof in case of death of the latter?

RULING:

No. On matters not otherwise specifically provided for by the Insurance Law, the contract of life insurance
is governed by general rules of civil law. And under Article 2012 of the same Code, “any person who is
forbidden from receiving any donation under Article 739 cannot be named beneficiary of a life insurance
policy by the person who cannot make a donation to him.

” Common-law spouses are, definitely, barred from receiving donations from each other.

Here, the deceased insured Buenaventura C. Ebrado was married to Pascuala Ebrado with whom she
has six legitimate children; that during his lifetime, the deceased insured was living with his common-law
wife, Carponia Ebrado, with whom he has two children.

Thus, Carponia T. Ebrado is disqualified to be the beneficiary of the late Buenaventura C. Ebrado in his life
insurance policy.