[go: up one dir, main page]
Scribd
Upload
204 views1 page

Gallardo Vs Morales

Francisca Gallardo was awarded P7,000 by a court against Hermenegilda Morales. To collect the debt, Gallardo garnished P7,000 from an insurance payout of P30,000 that Morales was entitled to receive following the death of her husband Luis. Morales appealed, arguing the insurance money was exempt from garnishment as it was from a life insurance policy. The court ruled that the insurance policy was a life insurance policy according to the Insurance Code, as payment was contingent on Luis Morales' death. As such, the insurance payout was exempt from garnishment to satisfy Gallardo's claim against Morales.

Uploaded by

ajdgafjsdga
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
204 views1 page

Gallardo Vs Morales

Francisca Gallardo was awarded P7,000 by a court against Hermenegilda Morales. To collect the debt, Gallardo garnished P7,000 from an insurance payout of P30,000 that Morales was entitled to receive following the death of her husband Luis. Morales appealed, arguing the insurance money was exempt from garnishment as it was from a life insurance policy. The court ruled that the insurance policy was a life insurance policy according to the Insurance Code, as payment was contingent on Luis Morales' death. As such, the insurance payout was exempt from garnishment to satisfy Gallardo's claim against Morales.

Uploaded by

ajdgafjsdga
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
You are on page 1/ 1

G.R. No.

L-12189

FRANCISCA GALLARDO vs HERMENEGILDA S. MORALES

Facts:

Hermenegilda Morales was sentenced by Court of First Instance of Manila to pay


FranciscaGallardo the amount of 7,000. A writ of execution was issued and delivered to the sherrif of
manila and on August 8, 1956, garnished and levied execution on the sum of P7000 from the P30000
due from the Capital Insurance and Surety Co., Inc. The P30000 was the amount to be claimed as
insurance by reason of death of Luis Morales, who was killed by assasination.

Hermegilda Morales asked the sherrif to quash and lift the garnishment or levy on exucution.
Upon denial, Hermegilda Morales filed a motion to exempt the sum of P7000 from garnishment,
however it was denied by the court. Morales then filed an appeal maintaining that the policy was a life
insurance and therefore shall be exempt from execution.

Issue:

WON the policy is a life insurance and should be exempt from garnishment

Ruling:

Yes, the policy is a life insurance and shall be exempt from garnishment. According to sec 179 of the
Insurance Code; “Life insurance is insurance on human lives and insurance appertaining thereto or
connected therewith.”An insurance is considered as a life insurance when the payment of insurance
money is contingent upon a loss of life. In the given facts Luis Morales insurance money was contingent
upon his death as evidenced by the fact that due to his death his wife was to receive P30,000 as
insurance money from Capital Insurance and Surety Co., Inc. Therefore his insurance policy is an Life
Insurance and should be exempted from garnishment.

You might also like