New Life Enterprises v. Court Of Appeals

REGALADO, J.:

This appeal by certiorari seeks the nullification of1 of The undisputed background of this case as a quo and adopted2 The antecedents of this case show On May On July 30,1981, Reliance Surety and Insurance Co., Inc. issued Fire Insurance On Thus In its letter " C"" C"

No. 6-84) was of the same tenor, In3 Because of the denial of their WHEREFORE, 1. In Civil Case per annum(pursuant to 2. In Civil Case All sums of money to be per annum(pursuant 3.

In Civil Case No. All sums of money to be paid by per annum(pursuant4 As Condition 3. The insured shall provided however, that this condition shall5 Petitioners6 The7 In other words, the coverage Petitioners contend that they are8 These contentions cannot pass judicial muster. The terms of Thus, Furthermore,9 Courts10The11 While it is a cardinal principle12Moreover, obligations13 Petitioners should be aware of provided for.14It per se.15 But, this16and We Pioneer Insurance and Surety Corporation vs. Yap: 17 .

. . And The Santa Ana vs. Commercial Union Assurance Company, Ltd. , xxx xxx xxx The obvious purpose Subsequently, in the case of Pacific Banking Corporation vs. Court of Appeals, et al., 18we held: It is not disputed that the Rollo , p.

25). Petitioner's " Co-Insurances "

the As To 15. . .

. if19 Additionally, 27. Action or suit clause.

- provided herein,20 On this point, the trial court ruled: . . .

However,provided in21 We It Ang vs. Fulton Fire Insurance Co. (2 SCRA The In xxx xxx xxx While in the Eagle Star case (96 Phil.22 Furthermore, assuming arguendo that WHEREFORE, finding no cogent SO ORDERED. Melencio-Hererra and Nocon, JJ., concur. Paras, J., took no part.

Padilla, J., took no part. Footnotes 1 Justice ponente, with Justices Gloria C. Paras and Bonifacio A. Cacdac, Jr., concurring Rollo , 51. 2 Per Judge Hoover S. Abling.

3 Rollo , 34-36. 4 Ibid., 32-33. 5 Exhibits "20-c", "18-b", 6 Memorandum for Petitioners, 13.

7 Rollo , 35. 8 Memorandum for the Petitioners, 13. 9 Marina Port 10 Pan Malayan 11 Perla Compania de 12 Sun Insurance Office, 13 Article 1159, Civil Code.

14 Ang 15 Vance on Insurance, 1951 ed., 257; Memorandum for the Petitioners, 22. 16 TSN, February 11, 1986, 28. 17 61 SCRA 18 168 SCRA 1 (1988).

19 Exhibits 20 Exhibit "14-f"; Folder of Exhibits, 33. 21 Rollo , 49. 22 Sun Insurance Office,supra , Fn.

12.