FIRST DIVISION

[G.R. No. 138941. October 8, 2001.]

AMERICAN HOME ASSURANCE COMPANY , petitioner, vs . TANTUCO

INC. respondent.
ENTERPRISES, INC.,

Redentor A. Salonga for petitioner.

Gilbert D. Camaligan for private respondent.

SYNOPSIS

Respondent insured against re its two oil mills with the petitioner. The rst oil
mill was covered by Fire Insurance Policy No. 306-7432324-3 for the period March 1,
1991 to 1992 while the second oil mill, which commonly referred to as the new oil mill
was covered by Policy No. 306-7432321-9 also for the same term. Unfortunately, on
September 30, 1991, the new oil mill was destroyed by re. Respondent claimed for the
insurance proceeds from the petitioner but it was rejected by the latter for the reason
that the burned oil mill was not covered by any insurance policy. According to
petitioner, the oil mill gutted by the re was not the one described by the speci c
boundaries in the contested policy. In further attempt to avoid liability, petitioner
claimed that respondent forfeited the renewal policy for its failure to pay the full
amount of the premium and breached the Fire Extinguishing Appliances Warranty.
Hence, respondent led a complaint for speci c performance and damages with the
Regional Trial Court of Lucena City. After trial, the court rendered judgment in favor of
respondent. On appeal, the Court of Appeals upheld the decision of the RTC.
Hence, this petition for review on certiorari.
In construing the words used descriptive of a building insured, the greatest
liberality is shown by the courts in giving effect to the insurance. In view of the custom
of insurance agents to examine buildings before writing policies upon them, and since a
mistake as to the identity and character of the building is extremely unlikely, the courts
are inclined to consider that the policy of insurance covers any building which the
parties manifestly intended to insure, however inaccurate the description may be.
Notwithstanding, therefore, the misdescription in the policy in this case, it is beyond
dispute, that what the parties manifestly intended to insure was the new oil mill. If the
parties really intended to protect the rst oil mill, then there is no need to specify it as
new. Indeed, it would be absurd to assume that respondent would protect its rst oil
mill for different amounts and leave uncovered its second one. The rst oil mill is
already covered under the policy issued by the petitioner. It is unthinkable for
respondent to obtain the other policy from the very same company. The latter ought to
know that a second agreement over that same realty results in its overinsurance.
On the supposed respondent's insu cient premium payment, the Court found
that the said issue was never raised at the pre-trial proceedings. Nor did the petitioner
present during the trial any witness to testify that respondent indeed failed to pay the
full amount of the premium. As to the alleged breach of the warranty, the Court found
that the respondent was able to comply with the warranty.
Petition dismissed.
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 SYLLABUS

1. COMMERCIAL LAW; INSURANCE; FIRE INSURANCE; MISDESCRIPTION IN THE

POLICY OF THE BUILDING INSURED; INSURANCE POLICY COVERS ANY BUILDING WHICH
THE PARTIES MANIFESTLY INTENDED TO INSURE, HOWEVER INACCURATE THE
DESCRIPTION MAY BE; CASE AT BAR. — In construing the words used descriptive of a
building insured, the greatest liberality is shown by the courts in giving effect to the
insurance. In view of the custom of insurance agents to examine buildings before writing
policies upon them, and since a mistake as to the identity and character of the building is
extremely unlikely, the courts are inclined to consider that the policy of insurance covers
any building which the parties manifestly intended to insure, however inaccurate the
description may be. Notwithstanding, therefore, the misdescription in the policy, it is
beyond dispute, to our mind, that what the parties manifestly intended to insure was the
new oil mill. This is obvious from the categorical statement embodied in the policy,
extending its protection: "On machineries and equipment with complete accessories usual
to a coconut oil mill including stocks of copra, copra cake and copra mills whilst contained
in the new oil mill building, situate (sic) at UNNO. ALONG NATIONAL HIGH WAY, BO. IYAM,
LUCENA CITY UNBLOCKED." If the parties really intended to protect the rst oil mill, then
there is no need to specify it as new. Indeed, it would be absurd to assume that
respondent would protect its rst oil mill for different amounts and leave uncovered its
second one. As mentioned earlier, the rst oil mill is already covered under Policy No. 306-
7432324-4 issued by the petitioner. It is unthinkable for respondent to obtain the other
policy from the very same company. The latter ought to know that a second agreement
over that same realty results in its overinsurance.cECTaD

2. ID.; ID.; ID.; ID.; CONTRACTUAL INTENTION; PURPOSE AND OBJECT OF THE
CONTRACT WILL BE CONSIDERED BY THE COURT IN THE DETERMINATION THEREOF;
DOUBT TO BE RESOLVED AGAINST INSURER; CASE AT BAR. — Anent petitioner's
argument that the respondent is barred by estoppel from claiming that the description of
the insured oil mill in the policy was wrong, we nd that the same proceeds from a wrong
assumption. Evidence on record reveals that respondent's operating manager, Mr. Edison
Tantuco, noti ed Mr. Borja (the petitioner's agent with whom respondent negotiated for
the contract) about the inaccurate description in the policy. However, Mr. Borja assured
Mr. Tantuco that the use of the adjective new will distinguish the insured property. The
assurance convinced respondent that, despite the impreciseness in the speci cation of
the boundaries, the insurance will cover the new oil mill. We again stress that the object of
the court in construing a contract is to ascertain the intent of the parties to the contract
and to enforce the agreement which the parties have entered into. In determining what the
parties intended, the courts will read and construe the policy as a whole and if possible,
give effect to all the parts of the contract, keeping in mind always, however, the prime rule
that in the event of doubt, this doubt is to be resolved against the insurer. In determining
the intent of the parties to the contract, the courts will consider the purpose and object of
the contract.
3. ID.; ID.; ID.; PREMIUM; ISSUE AS TO INADEQUATE PAYMENT THEREOF WAS
NEVER RAISED BY PETITIONER IN THE PRE-TRIAL PROCEEDING. — It is true that the
asseverations petitioner made in paragraph 24 of its Answer ostensibly spoke of the
policy's condition for payment of the renewal premium on time and respondent's non-
compliance with it. Yet, it did not contain any speci c and de nite allegation that
respondent did not pay the premium, or that it did not pay the full amount, or that it did not
pay the amount on time. Likewise, when the issues to be resolved in the trial court were
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 formulated at the pre-trial proceedings, the question of the supposed inadequate payment
was never raised. Most signi cant to point, petitioner fatally neglected to present, during
the whole course of the trial, any witness to testify that respondent indeed failed to pay the
full amount of the premium. The thrust of the cross-examination of Mr. Borja, on the other
hand, was not for the purpose of proving this fact. Though it brie y touched on the alleged
de ciency, such was made in the course of discussing a discount or rebate, which the
agent apparently gave the respondent. Certainly, the whole tenor of Mr. Borja's testimony,
both during direct and cross examinations, implicitly assumed a valid and subsisting
insurance policy. It must be remembered that he was called to the stand basically to
demonstrate that an existing policy issued by the petitioner covers the burned building.
4. ID.; ID.; ID.; FIRE EXTINGUISHING APPLIANCES WARRANTY; NOT VIOLATED
BY RESPONDENT IN CASE AT BAR; WARRANTY; NOT ONLY STRICTLY CONSTRUED
AGAINST THE INSURER BUT SHOULD BE REASONABLY INTERPRETED. — Petitioner
contends that respondent violated the express terms of the Fire Extinguishing Appliances
Warranty. Petitioner argues that the warranty clearly obligates the insured to maintain all
the appliances speci ed therein. The breach occurred when the respondent failed to install
internal re hydrants inside the burned building as warranted. This fact was admitted by
the oil mill's expeller operator, Gerardo Zarsuela. Again, the argument lacks merit. We
agree with the appellate court's conclusion that the aforementioned warranty did not
require respondent to provide for all the re extinguishing appliances enumerated therein.
Additionally, we nd that neither did it require that the appliances are restricted to those
mentioned in the warranty. In other words, what the warranty mandates is that respondent
should maintain in e cient working condition within the premises of the insured property,
re ghting equipments such as, but not limited to, those identi ed in the list, which will
serve as the oil mill's rst line of defense in case any part of it bursts into ame. To be
sure, respondent was able to comply with the warranty. Within the vicinity of the new oil
mill can be found the following devices: numerous portable re extinguishers, two re
hoses, re hydrant, and an emergency re engine. All of these equipments were in e cient
working order when the re occurred. It ought to be remembered that not only are
warranties strictly construed against the insurer, but they should, likewise, by themselves
be reasonably interpreted. That reasonableness is to be ascertained in light of the factual
conditions prevailing in each case. Here, we nd that there is no more need for an internal
hydrant considering that inside the burned building were: (1) numerous portable re
extinguishers, (2) an emergency re engine, and (3) a re hose which has a connection to
one of the external hydrants.
5. REMEDIAL LAW; EVIDENCE; ADMISSIBILITY; PAROLE EVIDENCE RULE;
EXCEPTIONS; APPLICABLE TO CASE AT BAR; EVIDENCE ALIUNDE; MAY BE ADMITTED
TO EXPLAIN THE IMPERFECTION IN THE DESCRIPTION OF THE PROPERTY INSURED AND
TO CLARIFY THE INTENT OF THE PARTIES. — The imperfection in the description of the
insured oil mill's boundaries can be attributed to a misunderstanding between the
petitioner's general agent, Mr. Alfredo Borja, and its policy issuing clerk, who made the
error of copying the boundaries of the rst oil mill when typing the policy to be issued for
the new one. As testi ed to by Mr. Borja: . . . . It is thus clear that the source of the
discrepancy happened during the preparation of the written contract. These facts lead us
to hold that the present case falls within one of the recognized exceptions to the parole
evidence rule. Under the Rules of Court, a party may present evidence to modify, explain or
add to the terms of the written agreement if he puts in issue in his pleading, among others,
its failure to express the true intent and agreement of the parties thereto. Here, the
contractual intention of the parties cannot be understood from a mere reading of the
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 instrument. Thus, while the contract explicitly stipulated that it was for the insurance of the
new oil mill, the boundary description written on the policy concededly pertains to the rst
oil mill. This irreconcilable difference can only be clari ed by admitting evidence aliunde,
which will explain the imperfection and clarify the intent of the parties.

DECISION

PUNO , J : p

Before us is a Petition for Review on Certiorari assailing the Decision of the Court of
Appeals in CA-G.R. CV No. 52221 promulgated on January 14, 1999, which a rmed in toto
the Decision of the Regional Trial Court, Branch 53, Lucena City in Civil Case No. 92-51
dated October 16, 1995.
Respondent Tantuco Enterprises, Inc. is engaged in the coconut oil milling and
re ning industry. It owns two oil mills. Both are located at factory compound at Iyam,
Lucena City. It appears that respondent commenced its business operations with only one
oil mill. In 1988, it started operating its second oil mill. The latter came to be commonly
referred to as the new oil mill.
The two oil mills were separately covered by re insurance policies issued by
petitioner American Home Assurance Co., Philippine Branch. 1 The rst oil mill was insured
for three million pesos (P3,000,000.00) under Policy No. 306-7432324-3 for the period
March 1, 1991 to 1992. 2 The new oil mill was insured for six million pesos
(P6,000,000.00) under Policy No. 306-7432321-9 for the same term. 3 O cial receipts
indicating payment for the full amount of the premium were issued by the petitioner's
agent. 4
A re that broke out in the early morning of September 30, 1991 gutted and
consumed the new oil mill. Respondent immediately noti ed the petitioner of the incident.
The latter then sent its appraisers who inspected the burned premises and the properties
destroyed. Thereafter, in a letter dated October 15, 1991, petitioner rejected respondent's
claim for the insurance proceeds on the ground that no policy was issued by it covering
the burned oil mill. It stated that the description of the insured establishment referred to
another building thus: "Our policy nos. 306-7432321-9 (Ps 6M) and 306-7432324-4 (Ps
3M) extend insurance coverage to your oil mill under Building No. 5, whilst the affected oil
mill was under Building No. 14. " 5 TAIDHa

A complaint for speci c performance and damages was consequently instituted by

the respondent with the RTC, Branch 53 of Lucena City. On October 16, 1995, after trial, the
lower court rendered a Decision finding the petitioner liable on the insurance policy thus:
"WHEREFORE, judgment is rendered in favor of the plaintiff ordering
defendant to pay plaintiff:

(a) P4,406,536.40 representing damages for loss by re of its insured

property with interest at the legal rate;

(b) P80,000.00 for litigation expenses;

(c) P300,000.00 for and as attorney's fees; and

CD Technologies Asia, Inc. 2018 cdasiaonline.com

 (d) Pay the costs.

SO ORDERED." 6

Petitioner assailed this judgment before the Court of Appeals. The appellate court
upheld the same in a Decision promulgated on January 14, 1999, the pertinent portion of
which states:
"WHEREFORE, the instant appeal is hereby DISMISSED for lack of merit
and the trial court's Decision dated October 16, 1995 is hereby AFFIRMED in toto.

SO ORDERED." 7

Petitioner moved for reconsideration. The motion, however, was denied for lack
of merit in a Resolution promulgated on June 10, 1999.
Hence, the present course of action, where petitioner ascribes to the appellate
court the following errors:
"(1) The Court of Appeals erred in its conclusion that the issue of non-
payment of the premium was beyond its jurisdiction because it was raised for the
first time on appeal." 8

"(2) The Court of Appeals erred in its legal interpretation of 'Fire

Extinguishing Appliances Warranty' of the policy." 9

"(3) With due respect, the conclusion of the Court of Appeals giving no
regard to the parole evidence rule and the principle of estoppel is erroneous." 1 0

The petition is devoid of merit.

The primary reason advanced by the petitioner in resisting the claim of the
respondent is that the burned oil mill is not covered by any insurance policy. According
to it, the oil mill insured is speci cally described in the policy by its boundaries in the
following manner:
"Front: by a driveway thence at 18 meters distance by Bldg. No. 2.

Right: by an open space thence by Bldg. No. 4.

Left: Adjoining thence an imperfect wall by Bldg. No. 4.

Rear: by an open space thence at 8 meters distance."

However, it argues that this speci c boundary description clearly pertains, not to the
burned oil mill, but to the other mill. In other words, the oil mill gutted by fire was not the
one described by the specific boundaries in the contested policy.
What exacerbates respondent's predicament, petitioner posits, is that it did not have
the supposed wrong description or mistake corrected. Despite the fact that the policy in
question was issued way back in 1988, or about three years before the re, and despite
the "Important Notice" in the policy that "Please read and examine the policy and if
incorrect, return it immediately for alteration," respondent apparently did not call
petitioner's attention with respect to the misdescription.
By way of conclusion, petitioner argues that respondent is "barred by the parole
evidence rule from presenting evidence (other than the policy in question) of its self-
serving intention (sic) that it intended really to insure the burned oil mill," just as it is
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 "barred by estoppel from claiming that the description of the insured oil mill in the policy
was wrong, because it retained the policy without having the same corrected before the
fire by an endorsement in accordance with its Condition No. 28."
These contentions can not pass judicial muster.
In construing the words used descriptive of a building insured, the greatest liberality
is shown by the courts in giving effect to the insurance. 1 1 In view of the custom of
insurance agents to examine buildings before writing policies upon them, and since a
mistake as to the identity and character of the building is extremely unlikely, the courts are
inclined to consider that the policy of insurance covers any building which the parties
manifestly intended to insure, however inaccurate the description may be. 1 2
Notwithstanding, therefore, the misdescription in the policy, it is beyond dispute, to
our mind, that what the parties manifestly intended to insure was the new oil mill. This is
obvious from the categorical statement embodied in the policy, extending its protection:
"On machineries and equipment with complete accessories usual to a
coconut oil mill including stocks of copra, copra cake and copra mills whilst
contained in the new oil mill building, situate (sic) at UNNO. ALONG NATIONAL
HIGH WAY, BO. IYAM, LUCENA CITY UNBLOCKED.'' 1 3 (emphasis supplied.)

If the parties really intended to protect the rst oil mill, then there is no need to specify
it as new.
Indeed, it would be absurd to assume that respondent would protect its rst oil mill
for different amounts and leave uncovered its second one. As mentioned earlier, the rst
oil mill is already covered under Policy No. 306-7432324-4 issued by the petitioner. It is
unthinkable for respondent to obtain the other policy from the very same company. The
latter ought to know that a second agreement over that same realty results in its
overinsurance.
The imperfection in the description of the insured oil mill's boundaries can be
attributed to a misunderstanding between the petitioner's general agent, Mr. Alfredo Borja,
and its policy issuing clerk, who made the error of copying the boundaries of the rst oil
mill when typing the policy to be issued for the new one. As testified to by Mr. Borja: DHSEcI

"Atty. G. Camaligan:

Q: What did you do when you received the report?

A: I told them as will be shown by the map the intention really of Mr. Edison
Tantuco is to cover the new oil mill that is why when I presented the
existing policy of the old policy, the policy issuing clerk just merely (sic)
copied the wording from the old policy and what she typed is that the
description of the boundaries from the old policy was copied but she
inserted covering the new oil mill and to me at that time the important
thing is that it covered the new oil mill because it is just within one
compound and there are only two oil mill[s] and so just enough, I had the
policy prepared. In fact, two policies were prepared having the same date
one for the old one and the other for the new oil mill and exactly the same
policy period, sir." 1 4 (emphasis supplied)

It is thus clear that the source of the discrepancy happened during the preparation of
the written contract.
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 These facts lead us to hold that the present case falls within one of the recognized
exceptions to the parole evidence rule. Under the Rules of Court, a party may present
evidence to modify, explain or add to the terms of the written agreement if he puts in issue
in his pleading, among others, its failure to express the true intent and agreement of the
parties thereto. 1 5 Here, the contractual intention of the parties cannot be understood from
a mere reading of the instrument. Thus, while the contract explicitly stipulated that it was
for the insurance of the new oil mill, the boundary description written on the policy
concededly pertains to the rst oil mill. This irreconcilable difference can only be clari ed
by admitting evidence aliunde, which will explain the imperfection and clarify the intent of
the parties.
Anent petitioner's argument that the respondent is barred by estoppel from claiming
that the description of the insured oil mill in the policy was wrong, we nd that the same
proceeds from a wrong assumption. Evidence on record reveals that respondent's
operating manager, Mr. Edison Tantuco, noti ed Mr. Borja (the petitioner's agent with
whom respondent negotiated for the contract) about the inaccurate description in the
policy. However, Mr. Borja assured Mr. Tantuco that the use of the adjective new will
distinguish the insured property. The assurance convinced respondent, despite the
impreciseness in the speci cation of the boundaries, the insurance will cover the new oil
mill. This can be seen from the testimony on cross of Mr. Tantuco:
"ATTY. SALONGA:
Q: You mentioned, sir, that at least in so far as Exhibit A is concern you have
read what the policy contents. (sic)

Kindly take a look in the page of Exhibit A which was marked as Exhibit A-2
particularly the boundaries of the property insured by the insurance policy
Exhibit A, will you tell us as the manager of the company whether the
boundaries stated in Exhibit A-2 are the boundaries of the old (sic) mill that
was burned or not.

A: It was not, I called up Mr. Borja regarding this matter and he told me that
what is important is the word new oil mill. Mr. Borja said, as a matter of
fact, you can never insured (sic) one property with two (2) policies, you will
only do that if you will make to increase the amount and it is by
indorsement not by another policy, sir. " 1 6

We again stress that the object of the court in construing a contract is to ascertain
the intent of the parties to the contract and to enforce the agreement which the parties
have entered into. In determining what the parties intended, the courts will read and
construe the policy as a whole and if possible, give effect to all the parts of the contract,
keeping in mind always, however, the prime rule that in the event of doubt, this doubt is to
be resolved against the insurer. In determining the intent of the parties to the contract, the
courts will consider the purpose and object of the contract. 1 7
In a further attempt to avoid liability, petitioner claims that respondent forfeited the
renewal policy for its failure to pay the full amount of the premium and breach of the Fire
Extinguishing Appliances Warranty.
The amount of the premium stated on the face of the policy was P89,770.20. From
the admission of respondent's own witness, Mr. Borja, which the petitioner cited, the
former only paid it P75,147.00, leaving a difference of P14,623.20. The de ciency,
petitioner argues, su ces to invalidate the policy, in accordance with Section 77 of the
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 Insurance Code. 1 8
The Court of Appeals refused to consider this contention of the petitioner. It held
that this issue was raised for the rst time on appeal, hence, beyond its jurisdiction to
resolve, pursuant to Rule 46, Section 18 of the Rules of Court. 1 9
Petitioner, however, contests this nding of the appellate court. It insists that the
issue was raised in paragraph 24 of its Answer, viz.:
"24. Plaintiff has not complied with the condition of the policy and
renewal certi cate that the renewal premium should be paid on or before renewal
date."

Petitioner adds that the issue was the subject of the cross-examination of Mr.
Borja, who acknowledged that the paid amount was lacking by P14,623.20 by reason of
a discount or rebate, which rebate under Sec. 361 of the Insurance Code is illegal.
The argument fails to impress. It is true that the asseverations petitioner made in
paragraph 24 of its Answer ostensibly spoke of the policy's condition for payment of the
renewal premium on time and respondent's non-compliance with it. Yet, it did not contain
any speci c and de nite allegation that respondent did not pay the premium, or that it did
not pay the full amount, or that it did not pay the amount on time.
Likewise, when the issues to be resolved in the trial court were formulated at the
pre-trial proceedings, the question of the supposed inadequate payment was never raised.
Most signi cant to point, petitioner fatally neglected to present, during the whole course
of the trial, any witness to testify that respondent indeed failed to pay the full amount of
the premium. The thrust of the cross-examination of Mr. Borja, on the other hand, was not
for the purpose of proving this fact. Though it brie y touched on the alleged de ciency,
such was made in the course of discussing a discount or rebate, which the agent
apparently gave the respondent. Certainly, the whole tenor of Mr. Borja's testimony, both
during direct and cross examinations, implicitly assumed a valid and subsisting insurance
policy. It must be remembered that he was called to the stand basically to demonstrate
that an existing policy issued by the petitioner covers the burned building.
Finally, petitioner contends that respondent violated the express terms of the Fire
Extinguishing Appliances Warranty. The said warranty provides:
"WARRANTED that during the currency of this Policy, Fire Extinguishing
Appliances as mentioned below shall be maintained in e cient working order on
the premises to which insurance applies:

- PORTABLE EXTINGUISHERS

- INTERNAL HYDRANTS

- EXTERNAL HYDRANTS

- FIRE PUMP

- 24-HOUR SECURITY SERVICES

BREACH of this warranty shall render this policy null and void and the
Company shall no longer be liable for any loss which may occur." 2 0

Petitioner argues that the warranty clearly obligates the insured to maintain all the
appliances speci ed therein. The breach occurred when the respondent failed to install
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 internal re hydrants inside the burned building as warranted. This fact was admitted by
the oil mill's expeller operator, Gerardo Zarsuela.
Again, the argument lacks merit. We agree with the appellate court's conclusion that
the aforementioned warranty did not require respondent to provide for all the re
extinguishing appliances enumerated therein. Additionally, we nd that neither did it
require that the appliances are restricted to those mentioned in the warranty. In other
words, what the warranty mandates is that respondent should maintain in efficient working
condition within the premises of the insured property, re ghting equipments such as, but
not limited to, those identi ed in the list, which will serve as the oil mill's rst line of
defense in case any part of it bursts into flame.
To be sure, respondent was able to comply with the warranty. Within the vicinity of
the new oil mill can be found the following devices: numerous portable re extinguishers,
two re hoses, 2 1 re hydrant, 2 2 and an emergency re engine. 2 3 All of these equipments
were in efficient working order when the fire occurred.
It ought to be remembered that not only are warranties strictly construed against
the insurer, but they should, likewise, by themselves be reasonably interpreted. 2 4 That
reasonableness is to be ascertained in light of the factual conditions prevailing in each
case. Here, we nd that there is no more need for an internal hydrant considering that
inside the burned building were: (1) numerous portable re extinguishers, (2) an
emergency re engine, and (3) a re hose which has a connection to one of the external
hydrants.
IN VIEW WHEREOF, nding no reversible error in the impugned Decision, the instant
petition is hereby DISMISSED.
SO ORDERED.
Davide Jr., C.J., Pardo and Ynares-Santiago, JJ., concur.
Kapunan, J., is on official leave.

Footnotes

1. Decision, CA-G.R. CV No. 52221, p. 1; Rollo, p. 27.

2. Exhibit K, Folder of Exhibits, p. 54.

3. Exhibit C, Folder of Exhibits, p. 22.

4. O.R. No. 1043, Exhibit E, Folder of Exhibits, p. 32; O.R. No. 1044, Exhibit Q, Folder of
Exhibits, p. 70.

5. Exhibit H, Folder of Exhibit, p. 35.

6. Decision, Civil Case No. 92-15, RTC, Branch 53, Lucena City, p. 14; Original Record, p.
168.

7. Decision, CA-G.R. CV No. 52221, p. 6; Rollo, p. 32.

8. Verified Petition for Review, p. 99; Rollo, p. 17.

9. Petition, p. 11; Rollo, p. 19.

CD Technologies Asia, Inc. 2018 cdasiaonline.com

 10. Petition, p. 14; Rollo, p. 23.

11. See Martinez, Philippine Insurance Code Annotated, p. 324, citing Richard vs. Ins. Co.,
27 N.W. 586 (1886), which gives the following illustration: A policy upon a "school
house" was held sufficient to identify the building insured in which a school was kept,
although it was not an ordinary school house; the term "store" was held to be a sufficient
description of a building used as a restaurant and bakery.

12. Vance on Insurance, pp. 816-817.

13. Exhibit C-2, Folder of Exhibits, p. 24.

14. TSN, March 31, 1993, pp. 31-32.

15. Rule 130, Section 9, Rules of Court.

16. TSN, April 20, 1993, pp. 25-26.

17. Vance on Insurance 809 (3rd ed., 1951).

18. The provision states:

Sec. 77. An insurer is entitled to payment of the premium as soon as the thing insured
is exposed to the peril insured against. Notwithstanding any agreement to the contrary,
no policy or contract of insurance issued by an insurance company is valid and binding
unless and until the premium thereof has been paid, except in the case of a life or an
industrial life policy whenever the grace period provision applies.

19. Now Rule 44, Section 15 of the 1997 Rules of Civil Procedure:

Sec. 15. Questions that may be raised on appeal. — Whether or not the appellant has
filed a motion for new trial in the court below, he may include in his assignment of errors
any question of law or fact that has been raised in the court below and which is within
the issues framed by the parties.

20. Exhibit C-4-C, Folder of Exhibits, p. 29.

21. Exhibits T, T-1 and T-13, Folder of Exhibits, pp. 73 and 77.

22. Exhibit T-12, Folder of Exhibits, p. 77.

23. Exhibit T-14, Folder of Exhibits p. 77.

24. See Qua Chee Gan v. Law Union and Rock Insurance Co., Ltd., 98 Phil. 85 (1955).

CD Technologies Asia, Inc. 2018 cdasiaonline.com