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BPI vs Posadas (Article 115)

56 Phil 215 | October 22, 1931

J. Villareal


The Bank of the Philippine Islands, as administrator of the estate of the deceased Adolphe Oscar
Schuetze, has appealed to this court from the judgment of the Court of First Instance of Manila
absolving the defendant Juan Posadas, Jr., Collector of Internal Revenue, from the complaint filed
against him by said plaintiff bank, and dismissing the complaint with costs.

The present complaint seeks to recover from the defendant Posadas, Collector of Internal
Revenue, the amount paid by the plaintiff Wife Rosario under protest, in its capacity of administrator of
the estate, as inheritance tax upon the sum of P20,150, which is the amount of an insurance policy on
the deceased's life, wherein his own estate was named the beneficiary.


Is the plaintiff wife Rosario entitled to recover proceeds of the insurance?


Yes, just as an individual beneficiary of a life-insurance policy taken out by a married person
becomes the exclusive owner of the proceeds upon the death of the insured even if the premiums were
paid by the conjugal partnership, so, it is argued, where the beneficiary named is the estate of the
deceased whose life is insured, the proceeds of the policy become a part of said estate upon the death
of the insured even if the premiums have been paid with conjugal funds.