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Henson Jr. vs. UCPB General Insurance Co., Inc. [DISSENTING OPINION, BERSAMIN, C.J.]

VICENTE G. HENSON, JR., PETITIONER, VS. UCPB GENERAL INSURANCE CO., INC., RESPONDENT.

G.R. No. 223134 | 2019-08-14

DISSENTING OPINION

BERSAMIN, C.J.:

The majority opinion overturns the ruling in Vector Shipping Corporation v. American Home Assurance Company[1] wherein the Court has held that subrogation under Article 2207 of the Civil Code gives rise to a cause of action created by law; hence, the applicable prescriptive period is 10 years.

I submit that the present case has not given the Court any grounds to warrant the overturn. The dictum in Vector Shipping Corporation v. American Home Assurance Company remains good law in the context of Article 2207 of the Civil Code.

Before anything more, however, a review of the...