Professional Documents
Culture Documents
FACTS:
Case 1:
The life of Arcadio Constantino was insured with Asia Life Insurance Company (Asia) for a term of 20 years with Paz
Lopez de Constantino as beneficiary. The first premium covered the period up to September 26, 1942.
After the first premium, no further premiums were paid. The insured died on September 22, 1944.
Asia Life Insurance Company, being an American Corp., had to close its branch office in Manila by reason of the
Japanese occupation, i.e. from January 2, 1942, until the year 1945.
Case 2:
Spouses Tomas Ruiz and Agustina Peralta. Their premium were initially annually but subsequently changed to
quarterly. The last quarterly premium was delivered on on November 18, 1941 and it covered the period until January 31, 1942.
Upon the Japanese occupation, the insurer and insured were not able to deal with each other
Because the insured had borrowed on the policy P234.00 in January, 1941, the cash surrender value of the policy was
sufficient to maintain the policy in force only up to September 7, 1942.
Tomas Ruiz died on February 16, 1945 with Agustina Peralta as beneficiary. Her demand for payment was refused on
the ground of non-payment of the premiums.
Plaintiffs: As beneficiaries, they are entitled to receive the proceeds of the policies minus all sums due for premiums in arrears. The
non-payment of the premiums was caused by the closing of Asia's offices in Manila during the Japanese occupation and the impossible
circumstances created by war.
lower court: absolved Asia
ISSUE: W/N the insurers still have a right to claim.