FRANCISCO DEL VAL ET AL.

 vs. ANDRES DEL VAL

[G.R. No. 9374. February 16, 1915.] MORELAND, J  p:
CA’s decision dismissed
LIFE INSURANCE; PROCEEDS; HEIR AS BENEFICIARY. — Where a life-insurance policy is made payable to one of the heirs of the
person whose life is insured, the proceeds of the policy on the death of the insured belong exclusively to the beneficiary and not to the
estate of the person whose life was insured; and such proceeds are his individual property and not the property of the heirs of the
person whose life was insured.
8. ID.; ID.; ID.; ARTICLE 1035, CIVIL. CODE. — Article 1035 of the Civil Code, providing that "an heir by force of law surviving with
others of the same character to a succession must bring into the hereditary estate the property or securities he may have received from
the deceased during the life of the same, by way of dowry, gift, or for any good consideration, in order to compute it in fixing the legal
portions and in the account of the division," is not applicable to the proceeds of an insurance policy made payable to one of the heirs of
the insured by name, nor can the proceeds of such a policy be considered a gift under article 819 of the Civil Code.
9. ID.; ID.; ID.; CODE OF COMMERCE. — The contract of life insurance is a special contract and the destination of the proceeds
thereof is determined by special laws which deal exclusively with that subject. The Civil Code has no provisions which relate directly
and specifically to life-insurance contracts or to the destination of life-insurance proceeds. That subject is regulated exclusively by the
Code of Commerce, which provides for the terms of the contract, the relations of the parties and the destination of the proceeds of the
policy.

FACTS: Gregorio Nacianceno del Val had a life insurance of P40,000 naming as sole beneficiary his brother Andres Del Val who used
the insurance money to repurchase his estate for P18,365.20 and keeping the balance of the insurance of P21,634.80 he also did the
same to the personal properties in his possession
Francisco Del Val, Et Al., brothers and sisters, contended that the insurance claim as well as the personal properties should be given
to the estate and not to Andres.
Andres: It was his fathers who sold the property named with his brothers and sisters without his consent.  Claims that the insurance is
solely his. 
Trial Court: dismissed the action stating that it is an action for partition between co-heirs The complaint, however, fails to comply with
Code Civ., Pro. sec. 183, in that it does not 'contain an adequate description of the real property of which partition is demanded.  Since
the estate was finally closed.  the matter of the personal property at least must be considered res judicata. 
ISSUE: W/N the Andres as sole beneficiary should have exclusive right to the insurance claim.

HELD: YES. judgment appealed from is set aside and the cause returned to the CFI agree with the CFI proceeds of an insurance policy
belong exclusively to the beneficiary.
The contract of life insurance is a special contract and the destination of the proceeds thereof is determined by special laws which deal
exclusively with that subject. The Civil Code has no provisions which relate directly and specifically to life- insurance contracts or to the
destination of life insurance proceeds.
CA not inclined to agree with this contention unless the fact appear or be shown that the defendant acted as he did with the intention to
make a gift of the real estate to the other heirs.