Illegitimate over legitimate

A LAW EACH DAY

- JOSE C. SISON

If the illegitimate children are the designated beneficiaries in the life insurance policies, are they entitled to the proceeds as against the legitimate wife and children? This is the question raised in this case of Pabling.

Pabling obtained life insurance policies from two insurance companies (IL and GPL). IL insured Pabling under two policies wherein he designated his concubine Vina and his three children with her as beneficiaries. Subsequently, Pabling revoked the designation of Vina in one policy and IL disqualified her as beneficiary in the other policy. On the other hand, in the insurance policy obtained from GPL, Pabling did not name Vina but only the three illegitimate children as beneficiaries.

Subsequently, Pabling died under circumstances indicating foul play and Vina was even one of the suspects. So his legitimate wife Rica and their legitimate children filed a petition with the Regional Trial Court (RTC) against Vina, her children and IL and GL for revocation of the policies. Rica and the children claimed that Vina, being a concubine of Pabling and a suspect in his murder, was disqualified from being a beneficiary of the insurance policies and that her children with Pabling, being illegitimate, are entitled to a lesser share of the insurance proceeds.

They also alleged that pursuant to Section 12 of the Insurance Code, Vina's share in the proceeds should be forfeited in their favor, because she brought about the death of Pabling. Thus, they prayed that the share of Vina and portions of the shares of Pabling's illegitimate children should be awarded to them as legitimate heirs of Pabling entitled to their respective legitimes. Were they correct?