DESIGNATION OF BENEFICIARY (c) Those made to a public officer or his

wife, descendants and ascendants, by

- Designation of beneficiary is generally
reason of his office. (Art. 739 of the Civil
REVOCABLE.
Code)
- The person procuring the insurance can
a. Pduts as beneficiary in exchange of
change the beneficiary at any time, they
office. – No.
can revoke it unless he has waive the right
to change the beneficiary. If you waive such Q. Are adulterous children disqualified from
right, designation become IRREVOCABLE. being designated as beneficiary in the life
insurance of the parents?
Q. WHO MAY BE BENEFICIARY IN LIFE
INSURANCE? A. The disqualification of “persons who are guilty of
adultery or concubinage” from being designated as
- not provided for in the insurance code and in the
beneficiary under Article 739 of the Civil Code does
absence of the insurance code, the law that should
not extend to the illegitimate children born out of
be applied is the Civil Code.
the illicit relation between the parties to the
- Under the law, even a stranger may be adultery or concubinage. As a matter of fact both
designated as beneficiary EXCEPT those who are the Civil Code as well as the Family Code recognize
forbidden by law to receive donations from the certain sucessional rights of illegitimate children.
insured. :
- This does not apply to children. Under the
(a) Those made between persons who are civil code, adulterous children are allowed
guilty of adultery or concubinage at the to inherit so he may be designated as
time of the donation; beneficiary.
o GUILTY WITH EACH OTHER.
o Example: Guilty of adultery having a
relation with somebody else,
o Disqualification only applies between
parties, kung tayong dalawa yun
and we are the one who is guilty of
adultery, we cannot designate each
other as beneficiary.
o But if with another person, we are
still qualified to designate each other
as beneficiary.
o Prior conviction for adultery or
concubinage is not needed to be
disqualified. Guilt may be proven by
preponderance of evidence.
o Disqualification be done during
proceedings of the collection of the
policy.

(b) Those made between persons found guilty

of the same criminal offense, in
consideration thereof;
a. Conspired to kill husband. Killer as
beneficiary = No.