BPI Vs LAINGO

G.R. No.
205206, March 16, 2016
BANK OF THE PHILIPPINE ISLANDS AND FGU INSURANCE CORPORATION (PRESENTLY KNOWN AS
BPI/MS INSURANCE CORPORATION), Petitioners, v. YOLANDA LAINGO, Respondent.
This is a petition for review on certiorari assailing the Decision dated 29 June 2012 and Resolution
dated 11 December 2012 of the Court of Appeals in CA-G.R. CV No. 01575.
FACTS:
On 20 July 1999, Rheozel, the son of respondent Laingo, opened a "Platinum 2-in-1 Savings
and Insurance" account with petitioner Bank of the Philippine Islands (BPI) in its Claveria, Davao
City branch. The Platinum 2-in-1 Savings and Insurance account is a savings account where
depositors are automatically covered by an insurance policy against disability or death issued by
petitioner FGU Insurance Corporation (FGU Insurance). Laingo was named as Beneficiary
On 25 September 2000, Rheozel died due to a vehicular accident. On 27 September 2000,
Laingo instructed the family's personal secretary, Alice to inquire about the savings account of
Rheozel.
Alice went to BPI and talked to Jaime Ibe Rodriguez, BPI's Branch Manager regarding
Laingo's request. Laingo was allowed to withdraw P995,000 from the account of Rheozel.
On 21 January 2003, Rheozel's sister, Rhealyn Laingo-Concepcion found the Personal
Accident Insurance Coverage Certificate No. 043549 issued by FGU Insurance. Rhealyn immediately
conveyed the information to Laingo.
Laingo sent two letters dated 11 September 2003 and 7 November 2003 to BPI and FGU
Insurance requesting them to process her claim as beneficiary of Rheozel's insurance policy. On 19
February 2004, FGU Insurance sent a reply-letter to Laingo denying her claim. FGU Insurance
stated that Laingo should have filed the claim within three calendar months from the death of
Rheozel as required under Paragraph 15 of the Personal Accident Certificate of Insurance which
states:
chanRoblesvirtualLawlibrary
15. Written notice of claim shall be given to and filed at FGU Insurance
Corporation within three calendar months of death or disability.
On 20 February 2004, Laingo filed a Complaint for Specific Performance with Damages and
Attorney's Fees with the Regional Trial Court of Davao City against BPI and FGU Insurance.
On 21 April 2008, RTC decided the case in favor of respondents. The trial court ruled
that the prescriptive period of 90 days shall commence from the time of death of the insured and
not from the knowledge of the beneficiary.
The Court of Appeals reversed the ruling of the trial court. The Court of Appeals ruled that
Laingo could not be expected to do an obligation which she did not know existed. The appellate
court added that Laingo was not a party to the insurance contract entered into between Rheozel
and petitioners. Thus, she could not be bound by the 90-day stipulation.
Appellee Bank of the Philippine Islands and FGU Insurance Corporation are DIRECTED to PAY
jointly and severally appellant Yolanda Laingo Actual Damages in the amount of P44,438.75 and
Attorney's Fees in the amount of P200,000.00.
Appellee FGU Insurance Corporation is also DIRECTED to PAY appellant the insurance proceeds of
the Personal Accident Insurance Coverage of Rheozel Laingo with legal interest of six percent (6%) per
annum reckoned from February 20, 2004 until this Decision becomes final. Thereafter, an interest of
twelve percent (12%) per annum shall be imposed until fully paid.
ISSUE:
Whether or not Laingo, as named beneficiary who had no knowledge of the existence of the
insurance contract, is bound by the three calendar month deadline for filing a written notice of
claim upon the death of the insured?
HELD: NO
As the main proponent of the 2-in-1 deposit account, BPI tied up with its affiliate, FGU
Insurance, as its partner. Any customer interested to open a deposit account under this 2-in-1
product, after submitting all the required documents to BPI and obtaining BPI's approval, will
automatically be given insurance coverage. Thus, BPI acted as agent of FGU Insurance with respect
to the insurance feature of its own marketed product.
BPI not only facilitated the processing of the deposit account and the collection of necessary
documents but also the necessary endorsement for the prompt approval of the insurance coverage
without any other action on Rheozel's part. Rheozel did not interact with FGU Insurance directly and
every transaction was coursed through BPI.
BPI, as agent of FGU Insurance, had the primary responsibility to ensure that the 2-in-1
account be reasonably carried out with full disclosure to the parties concerned, particularly the
beneficiaries. Thus, it was incumbent upon BPI to give proper notice of the existence of the
insurance coverage and the stipulation in the insurance contract for filing a claim to Laingo, as
Rheozel's beneficiary, upon the latter's death.
Since BPI, as agent of FGU Insurance, fell short in notifying Laingo of the existence of the
insurance policy, Laingo had no means to ascertain that she was entitled to the insurance claim. It
would be unfair for Laingo to shoulder the burden of loss when BPI was remiss in its duty to
properly notify her that she was a beneficiary.
WHEREFORE, we DENY the petition. We AFFIRM the Decision dated 29 June 2012 and Resolution
dated 11 December 2012 of the Court of Appeals in CA-G.R. CV No. 01575.

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G.R. No.

205206, March 16, 2016

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