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 Florentinos benefits for the child. Meanwhile, the mother of
the child, Melchora Cabaas, 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 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: 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.