152 SUPREME COURT REPORTS ANNOTATED

Geagonia vs. Court of Appeals

*
G.R. No. 114427. February 6, 1995.

ARMANDO GEAGONIA, petitioner, vs. COURT OF APPEALS

and COUNTRY BANKERS INSURANCE CORPORATION,
respondents.

Remedial Law; Evidence; Petitioner's letter of reconsideration having

been made an integral part of the complaint has attained the status of a
judicial admission and since its due execution and authenticity was not
denied by the other party, the petitioner is bound by it even if it were not
introduced as an independent evidence.—The second ground, which is
based on the Court of Appeals' reliance on the petitioner's letter of
reconsideration of 18 January 1991, is without merit. The petitioner claims
that the said letter was not offered in evidence and thus should not have
been considered in deciding the case. However, as correctly pointed out by
the Court of Appeals, a copy of this letter was attached to the petitioner's
complaint in I.C. Case No. 3340 as Annex "M" thereof and made an integral
part of the complaint. It has attained the status of a judicial admission and
since its due execution and authenticity was not denied by the other party,
the petitioner is bound by it even if it were not introduced as an independent
evidence.

Same; Same; Appeals; The divergent findings of fact constitute an

exception to the general rule that in petitions for review under Rule 45, only
questions of law are involved and findings of fact by the Court of Appeals
are conclusive and binding upon this Court.—As to the first issue, the
Insurance Commission found that the petitioner had no knowledge of the
previous two policies. The Court of Appeals disagreed and found otherwise
in view of the explicit admission by the petitioner in his letter to the private
respondent of 18 January 1991, which was quoted in the challenged
decision of the Court of Appeals. These divergent findings of fact constitute
an exception to the general rule that in petitions for review under Rule 45,
only questions of law are involved and findings of fact by the Court of
Appeals are conclusive and binding upon this Court.

Insurance; The incorporation of Condition 3 in the policy is allowed by

Section 75 of the Insurance Code.—Condition 3 of the private respondent's
Policy No. F-14622 is a condition which is not proscribed by law. Its
incorporation in the policy is allowed by Section 75 of the

_______________

* FIRST DIVISION.

153

VOL. 241, FEBRUARY 6, 1995 153

Geagonia vs. Court of Appeals

Insurance Code which provides that "[a] policy may declare that a violation
of specified provisions thereof shall avoid it, otherwise the breach of an
immaterial provision does not avoid the policy." Such a condition is a
provision which invariably appears in fire insurance policies and is intended
to prevent an increase in the moral hazard. It is commonly known as the
additional or "other insurance" clause and has been upheld as valid and as a
warranty that no other insurance exists. Its violation would thus avoid the
policy. However, in order to constitute a violation, the other insurance must
be upon the same subject matter, the same interest therein, and the same
risk.

Same; Same; Separate insurances covering different insurable interests

may be obtained by the mortgagor and the mortgagee.—As to a mortgaged
property, the mortgagor and the mortgagee have each an independent
insurable interest therein and both interests may be covered by one policy,
or each may take out a separate policy covering his interest, either at the
same or at separate times. The mortgagor's insurable interest covers the full
value of the mortgaged property, even though the mortgage debt is
equivalent to the full value of the property. The mortgagee's insurable
interest is to the extent of the debt, since the property is relied upon as
security thereof, and in insuring he is not insuring the property but his
interest or lien thereon. His insurable interest is prima facie the value
mortgaged and extends only to the amount of the debt, not exceeding the
value of the mortgaged property. Thus, separate insurances covering
different insurable interests may be obtained by the mortgagor and the
mortgagee.

Same; A policy or insurance contract is to be interpreted liberally in

favor of the insured and strictly against the company.—It is a cardinal rule
on insurance that a policy or insurance contract is to be interpreted liberally
in favor of the insured and strictly against the company, the reason being,
undoubtedly, to afford the greatest protection which the insured was
endeavoring to secure when he applied for insurance. It is also a cardinal
principle of law that forfeitures are not favored and that any construction
which would result in the forfeiture of the policy benefits for the person
claiming thereunder, will be avoided, if it is possible to construe the policy
in a manner which would permit recovery, as, for example, by finding a
waiver for such forfeiture.

Same; Double Insurance; A double insurance exists where the same

person is insured by several insurers separately in respect of the same
subject and interest.—A double insurance exists where the same person is
insured by several insurers separately in respect of the same subject and
interest. As earlier stated, the insurable interests of a

154

154 SUPREME COURT REPORTS ANNOTATED

Geagonia vs. Court of Appeals

mortgagor and a mortgagee on the mortgaged property are distinct and

separate. Since the two policies of the PFIC do not cover the same interest
as that covered by the policy of the private respondent, no double insurance
exists. The non-disclosure then of the former policies was not fatal to the
petitioner's right to recover on the private respondent's policy.

Same; Same; The rationale behind the incorporation of "other

insurance" clause in fire policies is to prevent over-insurance and thus avert
the perpetration of fraud.—Furthermore, by stating within Condition 3 itself
that such condition shall not apply if the total insurance in force at the time
of loss does not exceed P200,000.00, the private respondent was amenable
to assume a co-insurer's liability up to a loss not exceeding P200,000.00.
What it had in mind was to discourage overinsurance. Indeed, the rationale
behind the incorporation of "other insurance" clause in fire policies is to
prevent over-insurance and thus avert the perpetration of fraud. When a
property owner obtains insurance policies from two or more insurers in a
total amount that exceeds the property's value, the insured may have an
inducement to destroy the property for the purpose of collecting the
insurance. The public as well as the insurer is interested in preventing a
situation in which a fire would be profitable to the insured.

PETITION for review on certiorari of a decision of the Court of

Appeals.
The facts are stated in the opinion of the Court.
Generoso S. Sansaet for petitioner.
Romeo G. Velasquez for private respondent.

DAVIDE, JR., J.:

1
 1
For our review under Rule 45 of the Rules of Court is the decision
of the Court of Appeals in CA-G.R. SP No. 31916, entitled "Country
Bankers Insurance Corporation versus Armando Geagonia,"
reversing the decision of the Insurance Commission in I.C. Case No.
3340 which awarded the claim of petitioner Armando Geagonia
against private respondent Country Bank-

_______________

1 Annex "A" of Petition; Rollo, 18-26. Per Associate Justice Vicente V. Mendoza,
concurred in by Associate Justices Jesus M. Elbinias and Lourdes K. Tayao-Jaguros.

155

VOL. 241, FEBRUARY 6, 1995 155

Geagonia vs. Court of Appeals

ers Insurance Corporation.

The petitioner is the owner of Norman's Mart located in the
public market of San Francisco, Agusan del Sur. On 22 December
1989, he obtained
2
from the private respondent fire insurance policy
No. F-14622 for P100,000.00. The period of the policy was from 22
December 1989 to 22 December 1990 and covered the following:
"Stock-in-trade consisting principally of dry goods such as RTW's
for men and women wear and other usual to assured's business."
The petitioner declared in the policy under the subheading
entitled CO-INSURANCE that Mercantile Insurance Co., Inc. was
the co-insurer for P50,000.00. From 1989 to 1990, the petitioner had
in his inventory stocks amounting to P392,130.50, itemized as
follows:

Zenco Sales, Inc. P 55,698.00

F. Legaspi Gen. Merchandise 86,432.50
Cebu Tesing Textiles 250,000.00 (on credit)
P392,130.50

The policy contained the following condition:

"3. The insured shall give notice to the Company of any insurance or
insurances already effected, or which may subsequently be effected,
covering any of the property or properties consisting of stocks in trade,
goods in process and/or inventories only hereby insured, and unless such
notice be given and the particulars of such insurance or insurances be stated
therein or endorsed in this policy pursuant to Section 50 of the Insurance
Code, by or on behalf of the Company before the occurrence of any loss or
damage, all benefits under this policy shall be deemed forfeited, provided
however, that this condition shall not apply when the total insurance or
insurances in force at the time of the loss or damage is not more than
P200,000.00."

On 27 May 1990, fire of accidental origin broke out at around 7:30

p.m. at the public market of San Francisco, Agusan del Sur. The
petitioner's insured stocks-in-trade were completely destroyed
prompting him to file with the private respondent a claim under

_______________

2 Exhibit "1"; Original Records (OR) (CA-G.R. SP No. 31916), 34.

156

156 SUPREME COURT REPORTS ANNOTATED

Geagonia vs. Court of Appeals

the policy. On 28 December 1990, the private respondent denied the

claim because it found that at the time of the loss the petitioner's
stocks-in-trade were likewise covered by fire insurance policies No.
GA-28146 and No. GA-28144, for P100,000.00 each, issued by the
Cebu Branch
3
of the Philippines First Insurance Co., Inc. (hereinafter
PFIC). These policies indicate that the insured was "Messrs.
Discount Mart (Mr. Armando Geagonia, Prop.)" with a mortgage
clause reading:

"MORTGAGEE: Loss, if any, shall be payable to Messrs. Cebu Tesing

Textiles, Cebu City as their interest may appear subject to the terms of this
policy. 4 CO-INSURANCE DECLARED: P100,000.—Phils. First CEB/F-
24758"

The basis of the private respondent's denial was the petitioner's

alleged violation of Condition 3 of the policy. 5
The petitioner then filed a complaint against the private
respondent with the Insurance Commission (Case No. 3340) for the
recovery of P100,000.00 under fire insurance policy No. F14622 and6
for attorney's fees and costs of litigation. He attached as Annex "M"
thereof his letter of 18 January 1991 which asked for the
reconsideration of the denial. He admitted in the said letter that at
the time he obtained the private respondent's fire insurance policy he
knew that the two policies issued by the PFIC were already in
existence; however, he had no knowledge of the provision in the
private respondent's policy requiring him to inform it of the prior
policies; this requirement was not mentioned to him by the private
respondent's agent; and had it been so mentioned, he would not have
withheld such information. He further asserted that the total of the
amounts claimed under the three policies was below the actual value
of his stocks at the time of loss, which was P1,000,000.00.
7
 7
In its answer, the private respondent specifically denied the
allegations in the complaint and set up as its principal defense

_______________

3 Exhibit "4"; Annex "C" of Petition; OR (CA-G.R. SP No. 31916), 27.

4 Exhibits "2" and "3"; Annexes "F' and "G," Id.; Id., 45-46.
5 Annex "E," Id.; Rollo, 38.
6 Annex "L," Id.; OR (CA-G.R. SP No. 31916), 66.
7 Annex "E" of Petition; Rollo, 43.

157

VOL. 241, FEBRUARY 6, 1995 157

Geagonia vs. Court of Appeals

the violation of Condition 3 of the 8policy.

In its decision of 21 June 1993, the Insurance Commission found
that the petitioner did not violate Condition 3 as he had no
knowledge of the existence of the two fire insurance policies
obtained from the PFIC; that it was Cebu Tesing Textiles which
procured the PFIC policies without informing him or securing his
consent; and that Cebu Tesing Textile, as his creditor, had insurable
interest on the stocks. These findings were based on the petitioner's
testimony that he came to know of the PFIC policies only when he
filed his claim with the private respondent and that Cebu Tesing
Textile obtained them and paid for their premiums without
informing him thereof. The Insurance Commission then decreed:

"WHEREFORE, judgment is hereby rendered ordering the respondent

company to pay complainant the sum of P 100,000.00 with legal interest
from the time the complaint was filed until fully satisfied plus the amount of
P10,000.00 as attorney's fees. With costs. The compulsory counterclaim of
respondent is hereby dismissed."
9
Its motion for the reconsideration of the decision having been
denied10 by the Insurance Commission in its resolution of 20 August
1993, the private respondent appealed to the Court of Appeals by
way of a petition for review. The petition was docketed as CA-G.R.
SP No. 31916. 11
In its decision of 29 December 1993, the Court of Appeals
reversed the decision of the Insurance Commission because it found
that the petitioner knew of the existence of the two other policies
issued by the PFIC. It said:

"It is apparent from the face of Fire Policy GA 28146/Fire Policy No. 28144
that the insurance was taken in the name of private respondent [petitioner
herein]. The policy states that 'DISCOUNT MART (MR. ARMANDO
GEAGONIA, PROP)' was the assured and that 'TESING TEXTILES' [was]
only the mortgagee of the goods.

_______________

8 Annex "D," Id.; Id., 32.

9 Annex "G," Id.; Id., 47.
10 Annex "H" of Petition; Rollo, 52.
11 Annex "A," Id.; Id., 18.

158

158 SUPREME COURT REPORTS ANNOTATED

Geagonia vs. Court of Appeals

In addition, the premiums on both policies were paid for by private

respondent, not by the Tesing Textiles which is alleged to have taken out the
other insurances without the knowledge of private respondent. This is
shown by Premium Invoices Nos. 46632 and 46630. (Annexes M and N). In
both invoices, Tesing Textiles is indicated to be only the mortgagee of the
goods insured but the party to which they were issued were the 'DISCOUNT
MART (MR. ARMANDO GEAGONIA).'
It is clear that it was the private respondent [petitioner herein] who took
out the policies on the same property subject of the insurance with
petitioner. Hence, in failing to disclose the existence of these insurances
private respondent violated Condition No. 3 of Fire Policy No. 14622
Indeed private respondent's allegation of lack of knowledge of the
previous insurances is belied by his letter to petitioner [of 18 January 1991.
The body of the letter reads as follows:]

...
'Please be informed that I have no knowledge of the provision requiring me to
inform your office about my prior insurance under FGA-28146 and F-CEB-24758.
Your representative did not mention about said requirement at the time he was
convincing me to insure with you. If he only did or even inquired if I had other
existing policies covering my establishment, I would have told him so. You will note
that at the time he talked to me until I decided to insure with your company the two
policies aforementioned were already in effect. Therefore I would have no reason to
withhold such information and I would have desisted to part with my hard earned
peso to pay the insurance premiums [if] I know I could not recover anything.
Sir, I am only an ordinary businessman interested in protecting my investments.
The actual value of my stocks damaged by the fire was estimated by the Police
Department to be P 1,000,000.00 (Please see xerox copy of Police Report Annex
"A"). My Income Statement as of December 31, 1989 or five months before the fire,
shows my merchandise inventory was already some P595,455,75 .... These will
support my claim that the amount claimed under the three policies are much below
the value of my stocks lost.
. . .'
 ...
The letter contradicts private respondent's pretension that he did not
know that there were other insurances taken on the stock-in-trade and
seriously puts in question his credibility."

159

VOL. 241, FEBRUARY 6, 1995 159

Geagonia vs. Court of Appeals

His motion to reconsider the adverse decision having been denied,

the petitioner filed the instant petition. He contends therein that the
Court of Appeals acted with grave abuse of discretion amounting to
lack or excess of jurisdiction:

"A —. . .WHEN IT REVERSED THE FINDINGS OF FACTS

OF THE INSURANCE COMMISSION, A QUASI-
JUDICIAL BODY CHARGED WITH THE DUTY OF
DETERMINING INSURANCE CLAIM AND WHOSE
DECISION IS ACCORDED RESPECT AND EVEN
FINALITY BY THE COURTS;
B —. . . WHEN IT CONSIDERED AS EVIDENCE
MATTERS WHICH WERE NOT PRESENTED AS
EVIDENCE DURING THE HEARING OR TRIAL; AND
C —. . .WHEN IT DISMISSED THE CLAIM OF THE
PETITIONER HEREIN AGAINST THE PRIVATE
RESPONDENT."

The chief issues that crop up from the first and third grounds are (a)
whether the petitioner had prior knowledge of the two insurance
policies issued by the PFIC when he obtained the fire insurance
policy from the private respondent, thereby, for not disclosing such
fact, violating Condition 3 of the policy, and (b) if he had, whether
he is precluded from recovering therefrom.
The second ground, which is based on the Court of Appeals'
reliance on the petitioner's letter of reconsideration of 18 January
1991, is without merit. The petitioner claims that the said letter was
not offered in evidence and thus should not have been considered in
deciding the case. However, as correctly pointed out by the Court of
Appeals, a copy of this letter was attached to the petitioner's
complaint in I.C. Case No. 3340 12
as Annex "M" thereof and made an
integral part of the complaint. It has attained the status of a judicial
admission and since its due execution and authenticity was not
denied by the other party, the petitioner is bound
13
by it even if it were
not introduced as an independent evidence.
As to the first issue, the Insurance Commission found that the
petitioner had no knowledge of the previous two policies. The
_______________

12 It is specifically referred to in paragraph 7 of the complaint. Rollo, 40.

13 Philippine Bank of Communications vs. Court of Appeals, 195 SCRA 567
[1991].

160

160 SUPREME COURT REPORTS ANNOTATED

Geagonia vs. Court of Appeals

Court of Appeals disagreed and found otherwise in view of the

explicit admission by the petitioner in his letter to the private
respondent of 18 January 1991, which was quoted in the challenged
decision of the Court of Appeals. These divergent findings of fact
constitute an exception to the general rule that in petitions for review
under Rule 45, only questions of law are involved and findings of
fact by14 the Court of Appeals are conclusive and binding upon this
Court.
We agree with the Court of Appeals that the petitioner knew of
the prior policies issued by the PFIC. His letter of 18 January 1991
to the private respondent conclusively proves this knowledge. His
testimony to the contrary before the Insurance Commissioner and
which the latter relied upon cannot prevail over a written admission
made ante litem motam. It was, indeed, incredible that he did not
know about the prior policies since these policies were not new or
original. Policy No. GA-28144 was a renewal of Policy No. F-
24758, while Policy No. GA-28146 had been renewed twice, the
previous policy being F-24792.
Condition 3 of the private respondent's Policy No. F-14622 is a
condition which is not proscribed by law. Its incorporation 15
in the
policy is allowed by Section 75 of the Insurance Code which
provides that "[a] policy may declare that a violation of specified
provisions thereof shall avoid it, otherwise the breach of an
immaterial provision does not avoid the policy." Such a condition is
a provision which invariably appears in fire insurance policies and is
intended to prevent an increase in the moral hazard. It is commonly
known as the additional or "other insurance" clause and has been
upheld as valid and as a warranty that no 16other insurance exists. Its
violation would thus avoid the policy. However, in order to
constitute a violation, the other insurance must be upon the same
subject matter, the same interest therein,

_______________

14 Tolentino vs. De Jesus, 56 SCRA 167 [1974]; Remalante vs. Tibe, 158 SCRA
138 [1988].
15 P.D. No. 1460.
 16 MARIA CLARA L. CAMPOS, Insurance 128 (1983 ed.) citing General
Insurance & Surety Corp. vs. Ng Hua, 106 Phil. 1117 [1960]; Pioneer Insurance &
Surety Corp. vs. Yap, 61 SCRA 426 [1974]; Union Manufacturing Co., Inc. vs.
Philippine Guaranty Co., Inc., 47 SCRA 271 [1972].

161

VOL. 241, FEBRUARY 6, 1995 161

Geagonia vs. Court of Appeals
17
and the same risk.
As to a mortgaged property, the mortgagor and the mortgagee
have each an independent insurable interest therein and both
interests may be covered by one policy, or each may take out a
separate
18
policy covering his interest, either at the same or at separate
times. The mortgagor's insurable interest covers the full value of
the mortgaged property, even though
19
the mortgage debt is equivalent
to the full value of the property. The mortgagee's insurable interest
is to the extent of the debt, since the property is relied upon as
security thereof, and in insuring he is not insuring the property but
his interest or lien thereon. His insurable interest is prima facie the
value mortgaged and extends only to the amount20of the debt, not
exceeding the value of the mortgaged property. Thus, separate
insurances covering different insurable interests may be obtained by
the mortgagor and the mortgagee.
A mortgagor may, however, take out insurance for the benefit of
the mortgagee, which is the usual practice. The mortgagee may be
made the beneficial payee in several ways. He may become the
assignee of the policy with the consent of the insurer; or the mere
pledgee without such consent; or the original policy may contain a
mortgage clause; or a rider making the policy payable to the
mortgagee "as his interest may appear" may be attached; or a
"standard mortgage clause," containing a collateral independent
contract between the mortgagee and insurer, may be attached; or the
policy, though by its terms payable absolutely to the mortgagor, may
have been procured by a mortgagor under a contract duty to insure
for the mortgagee's benefit, in which
21
case the mortgagee acquires an
equitable lien upon the proceeds.
In the policy obtained by the mortgagor with loss payable clause
in favor of the mortgagee as his interest may appear, the

_______________

17 Id.; JOHN F. DOBBYN, Insurance Law in a Nutshell 204 (2d ed. 1989).
18 3 COUCH on Insurance 2d § 24:68 (1960 ed.).
19 Id., § 24:69.
20 Id., §24:72.
 21 WILLIAM R. VANCE, Handbook on the Law on Insurance 773774 (3d ed.
1951).

162

162 SUPREME COURT REPORTS ANNOTATED

Geagonia vs. Court of Appeals

mortgagee is only a beneficiary under the contract, and recognized

as such by the insurer but not made a party to the contract itself.
Hence, any act of the mortgagor 22which defeats his right will also
defeat the right of the mortgagee. This kind of policy covers 23
only
such interest as the mortgagee has at the issuing of the policy.
On the other hand, a mortgagee may also procure a policy as a
contracting party in accordance with the terms of an agreement by 24
which the mortgagor is to pay the premiums upon such insurance.
It has been noted, however, that although the mortgagee is himself
the insured, as where he applies for a policy, fully informs the
authorized agent of his interest, pays the premiums, and obtains a
policy on the assurance that it insures him, the policy is in25 fact in the
form used to insure a mortgagor with loss payable clause.
The fire insurance policies issued by the PFIC name the
petitioner as the assured and contain a mortgage clause which reads:

"Loss, if any, shall be payable to MESSRS. TESING TEXTILES, Cebu City

as their interest may appear subject to the terms of this policy."

This is clearly a simple loss payable clause, not a standard mortgage

clause.
It must, however, be underscored that unlike the "other
insurance" 26clauses involved in General Insurance and Surety 27
Corp.
vs. Ng Hua or in Pioneer Insurance & Surety Corp. vs. Yap, which
read:

"The insured shall give notice to the company of any insurance or

insurances already effected, or which may subsequently be effected
covering any of the property hereby insured, and unless such notice be

_______________

22 Id., 775.
23 COUCH, op. cit., § 24:72.
24 VANCE, op. cit., 775.
25 COUCH, op. cit., § 23:36.
26 Supra, note 16.
27 Supra, note 16.

163
 VOL. 241, FEBRUARY 6, 1995 163
Geagonia vs. Court of Appeals

given and the particulars of such insurance or insurances be stated in or

endorsed on this Policy by or on behalf of the Company before the
occurrence of any loss or damage, all benefits under this Policy shall be
forfeited."

or in
28
the 1930 case of Santa Ana vs. Commercial Union Assurance
Co. which provided "that any outstanding insurance upon the
whole or a portion of the objects thereby assured must be declared
by the insured in writing and he must cause the company to add or
insert it in the policy, without which such policy shall be null and
void, and the insured will not be entitled to indemnity in case of
loss," Condition 3 in the private respondent's policy No. F-14622
does not absolutely declare void any violation thereof. It expressly
provides that the condition "shall not apply when the total insurance
or insurances in force at the time of the loss or damage is not more
than P200,000.00."
It is a cardinal rule on insurance that a policy or insurance
contract is to be interpreted liberally in favor of the insured and
strictly against the company, the reason being, undoubtedly, to afford
the greatest protection which the insured was endeavoring to secure
when he applied for insurance. It is also a cardinal principle of law
that forfeitures are not favored and that any construction which
would result in the forfeiture of the policy benefits for the person
claiming thereunder, will be avoided, if it is possible to construe the
policy in a manner which would permit 29
recovery, as, for example, by
finding a waiver for such forfeiture. Stated differently, provisions,
conditions or exceptions in policies which tend to work a forfeiture
of insurance policies should be construed most strictly against those
for whose benefits they are inserted, and most favorably
30
toward
those against whom they are intended to operate. The reason for
this is that, except for riders which may later be inserted, the insured
sees the contract already in its final form and has had no voice in the
selection or arrangement of the words employed therein. On the

_______________

28 55 Phil. 329, 334 [1930].

29 2 TEODORICO C. MARTIN, Commentaries and Jurisprudence on the
Philippine Commercial Laws 143 (1986 rev. ed.).
30 Trinidad vs. Orient Protective Assurance Association, 67 Phil. 181 [1939].

164

164 SUPREME COURT REPORTS ANNOTATED

Geagonia us. Court of Appeals
other hand, the language of the contract was carefully chosen and
deliberated upon by experts and legal advisers who had acted
exclusively in the interest of the insurers and the technical31language
employed therein is rarely understood by ordinary laymen.
With these principles in mind, we are of the opinion that
Condition 3 of the subject policy is not totally free from ambiguity
and must, perforce, be meticulously analyzed. Such analysis leads us
to conclude that (a) the prohibition applies only to double insurance,
and (b) the nullity of the policy shall only be to the extent exceeding
P200,000.00 of the total policies obtained.
The first conclusion is supported by the portion of the condition
referring to other insurance "covering any of the property or
properties consisting of stocks in trade, goods in process and/or
inventories only hereby insured," and the portion regarding the
insured's declaration on the subheading CO-INSURANCE that the
co-insurer is Mercantile Insurance Co., Inc. in the sum of
P50,000.00. A double insurance exists where the same person is
insured by several insurers separately in respect of the same subject
and interest. As earlier stated, the insurable interests of a mortgagor
and a mortgagee on the mortgaged property are distinct and
separate. Since the two policies of the PFIC do not cover the same
interest as that covered by the policy of the private respondent, no
double insurance exists. The non-disclosure then of the former
policies was not fatal to the petitioner's right to recover on the
private respondent's policy.
Furthermore, by stating within Condition 3 itself that such
condition shall not apply if the total insurance in force at the time of
loss does not exceed P200,000.00, the private respondent was
amenable to assume a co-insurer's liability up to a loss not exceeding
P200,000.00. What it had in mind was to discourage over-insurance.
Indeed, the rationale behind the incorporation of "other insurance"
clause in fire policies is to prevent over-insurance and thus avert the
perpetration of fraud. When a property owner obtains insurance
policies from two or more insurers in a total amount that exceeds the
property's value, the insured may have an inducement to destroy the
property for the purpose of

_______________

31 CAMPOS, op. cit, 12.

165

VOL. 241, FEBRUARY 7, 1995 165

Casa Filipina Realty Corporation vs. Office of the President
 collecting the insurance. The public as well as the insurer is
interested in preventing32 a situation in which a fire would be
profitable to the insured.
WHEREFORE, the instant petition is hereby GRANTED. The
decision of the Court of Appeals in CA-G.R. SP No. 31916 is SET
ASIDE and the decision of the Insurance Commission in Case No.
3340 is REINSTATED.
Costs against private respondent Country Bankers Insurance
Corporation.
SO ORDERED.

Padilla (Chairman), Bellosillo, Quiason and Kapunan, JJ.,

concur.

Petition granted.

Note.—Contracts of insurance are to be construed according to

the sense and meaning of the terms which the parties themselves
have used. (Sun Insurance Office, Ltd. vs. Court of Appeals, 195
SCRA 193 [1991])

——o0o——

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