Back

The Insular Assurance Co., LTD vs. Heirs of Alvarez / Union Bank vs. Heirs of Alvarez

THE INSULAR ASSURANCE CO., LTD., PETITIONER, V. THE HEIRS OF JOSE H. ALVAREZ, RESPONDENTS. [G.R. No. 210156, October 3, 2018] UNION BANK OF THE PHILIPPINES, PETITIONER, V. HEIRS OF JOSE H. ALVAREZ, RESPONDENTS.

G.R. No. 207526 and G.R. No. 210156 | 2018-10-03

D E C I S I O N
 
LEONEN, J.:
 
The Insurance Code dispenses with proof of fraudulent intent in cases of rescission due to concealment, but not so in cases of rescission due to false representations. When an abundance of available documentary evidence can be referenced to demonstrate a design to defraud, presenting a singular document with an erroneous entry does not qualify as clear and convincing proof of fraudulent intent. Neither does belatedly invoking just one other document, which was not even authored by the alleged miscreant.
 
This resolves the consolidated Petitions for Review on Certiorari, under Rule 45 of the 1997...