SUPREME COURT DECISIONS

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Endnotes:


1 Per Cui, E. J., with Montenegro, E. and De la Rama, J., JJ. concurring. Annex of Petition, Rollo, 16-26.

2 117 SCRA 63 [1982].

3 Article 1249. The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines.

The delivery of promissory noted payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired.

In the meantime, the action derived from the original obligation shall be held in abeyance.

4 General Insurance & Surety Corporation v. Ng Hua, 106 Phil. 1117 [1960]; and Union Manufacturing Co., Inc. v. Philippine Guaranty Co., Inc., 47 SCRA 271 [1972].

5 Section 66. In case of insurance other than life, unless the insurer at least forty-five days in advance of the end of the policy period mails or delivers to the named insured at the address shown in the policy notice of its intention not to renew the policy or to condition its renewal upon reduction of limits or elimination of coverages, the named insured shall be entitled to renew the policy upon payment of the premium due on the effective date of the renewal. Any policy written for a term of less than one year shall be considered as if written for a term of one year. Any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year.

6 Section 77, Insurance Code.

7 Borillo v. Court of Appeals, 209 SCRA 130, 140 [1992]; Gobonsong, Jr. v. Court of Appeals, 246 SCRA 472, 474-475 [1995]; Vda. de Alcantara v. Court of Appeals, 252 SCRA 457, 468 [1996].

8 See: Malayan Insurance Co. v. Arnaldo, 154 SCRA 672, 678 [1987].

9 RUFUS B. RODRIGUEZ, The Insurance Code of the Philippines Annotated, 3rd ed., 162.

10 241 SCRA 152, 160 [1995], citing General Insurance & Surety Corporation v. Ng Hua, 106 Phil. 1117 [1960]; Union Manufacturing Co., Inc. v. Philippine Guaranty Co., Inc., 47 SCRA 271 [1972]; Pioneer Insurance & Surety Corporation v. Yap, 61 SCRA 426 [1974].

11 Section 29. An intentional and fraudulent omission, on the part of one insured, to communicate information of matters proving or tending to prove the falsity of a warranty, entitles the insurer to rescind.

12 Geagonia v. Court of Appeals, supra note 10.

13 TSN, 27 November 1991, 29-30.

14 Visayan Sawmill Company, Inc. v. Court of Appeals, 219 SCRA 378, 392 [1993], citing authorities.

15 People v. Wenceslao, 212 SCRA 560, 569 [1992].

16 Article 2232, Civil Code.

17 Firestone Tire & Rubber Company of the Philippines v. Chaves, 18 SCRA 356, 358 [1966]; Philippine Air Lines v. Miano, 242 SCRA 235, 240 [1995].

18 Philtranco Service Enterprises Inc. v. Court of Appeals, 273 SCRA 562, 575 [1997].




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