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Code, Art. 1) .: Nature of Marriage

The document discusses an insurance claim regarding a mother and baby who were both found dead, with the baby's umbilical cord cut. It examines whether the baby can be a beneficiary of the mother's life insurance, who is presumed to have died first, and if the baby's father can claim the life insurance proceeds. The document also discusses the domicile of juridical persons and provides an overview of marriage under the Family Code.

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Romar Taroy
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35 views

Code, Art. 1) .: Nature of Marriage

The document discusses an insurance claim regarding a mother and baby who were both found dead, with the baby's umbilical cord cut. It examines whether the baby can be a beneficiary of the mother's life insurance, who is presumed to have died first, and if the baby's father can claim the life insurance proceeds. The document also discusses the domicile of juridical persons and provides an overview of marriage under the Family Code.

Uploaded by

Romar Taroy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Marian and the baby she delivered were both found dead, with the baby’s umbilical cord

already cut.
Pietro survived.
a. Can Marian’s baby be the beneficiary of the insurance taken on the life of the mother?
b. Between Marian and the baby, who is presumed to have died ahead?
c. Will Prieto, as surviving biological father of the baby, be entitled to claim the proceeds of the life
insurance on the life of Marian? (2008 Bar)

A:
a) YES. An unborn child may be designated as the beneficiary in the insurance policy of the mother. An unborn
child shall be considered a person for purposes favorable to it provided it is born later in accordance with the
NCC. There is no doubt that the designation of the unborn child as a beneficiary is favorable to the child.
b) If the baby was not alive when completely delivered from the mother’s womb, it was not born as a person,
then the question of whom between two persons survived will not be an issue. The baby had an intra- uterine
life of more than 7 months, thus, it would be considered born if it was alive at the time of its complete delivery
from the mother’s womb. We can gather from the facts that the baby was completely delivered. But whether
or not it was alive has to be proven by evidence.
c) Since the baby did not acquire any right under the insurance contract, there is nothing for Prieto to inherit.
Prieto is not married to Marian neither was he named as the beneficiary of the insurance.

Domicile of juridical persons


1. The place fixed by the law creating or recognizing the juridical person;
2. In the absence thereof, the place where their legal representation is established or where they exercise
their principal functions.

MARRIAGE UNDER FAMILY CODE


A special contract of
permanent union
between a man and
and a woman entered
into in accordance
with law for the
establishment of
conjugal and family
life. It is the
foundation of the
family and an
inviolable social
institution whose
nature, consequences,
and incidents are
goverened by law and
not subject to
stipulation, except
that marriage
settelement may fix
the property relations
during the marriage
within the limits
provided by the
Family Code (Family
Code, Art. 1). NATURE
OF MARRIAGE

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