FIRST DIVISION the policy, but when she demanded the payment of the additional sum of P2,000

representing the value of the supplemental policy, the company refused alleging, as main
[G.R. No. L-8151. December 16, 1955.] defense, that the deceased died because he was murdered by a person who took part in the
VIRGINIA CALANOC, Petitioner, v. COURT OF APPEALS and THE PHILIPPINE commission of the robbery and while making an arrest as an officer of the law which
AMERICAN LIFE INSURANCE CO., Respondents. contingencies were expressly excluded in the contract and have the effect of exempting the
company from liability.
Lucio Javillonar for Petitioner.
The pertinent facts which need to be considered for the determination of the questions raised
J.A. Wolfson, Manuel Y. Mecias, Emilio Abello and Anselmo A. Reyes, for Respondents. are those reproduced in the decision of the Court of Appeals as follows:
SYLLABUS "The circumstances surrounding the death of Melencio Basilio show that when he was killed
at about seven o’clock in the night of January 25, 1951, he was on duty as watchman of the
1. INSURANCE LAW; ACCIDENTAL DEATH; AMBIGUOUS TERMS IN INSURANCE
Manila Auto Supply at the corner of Avenida Rizal and Zurbaran; that it turned out that Atty.
POLICY; HOW CONSTRUED. — While as a general rule "the parties may limit the coverage
Antonio Ojeda who had his residence at the corner of Zurbaran and Oroquieta, a block away
of the policy to certain particular accidents and risks or causes of less, and may expressly
from Basilio’s station, had come home that night and found that his house was well-lighted,
except other risks or causes of loss therefrom" (45 C. J. S, 781-782), however, it is to be
but with the windows closed; that getting suspicious that there were culprits in his house,
desired that the terms and phraseology of the exception clause be clearly expressed so as to
Atty. Ojeda retreated to look for a policeman and finding Basilio in khaki uniform, asked him
be within the easy grasp and understanding of the insured, for if the terms are doubtful or
to accompany him to the house, with the latter refusing on the ground that he was not a
obscure the same must of necessity be interpreted or resolved against the one who has
policeman, but suggesting that Atty. Ojeda should ask the traffic policeman on duty at the
caused the obscurity. (Article 1377, new Civil Code.) And so it has been generally held that
corner of Rizal Avenue and Zurbaran; that Atty. Ojeda went to the traffic policeman at said
the "terms in an insurance policy, which are ambiguous, equivocal, or uncertain . . . are to be
corner and reported the matter, asking the policeman to come along with him, to which the
construed strictly and most strongly against the insurer, and liberally in favor of the insured so
policeman agreed; that on the way to the Ojeda residence, the policeman and Atty. Ojeda
as to effect the dominant purpose of indemnity or payment to the insured, especially where a
passed by Basilio and somehow or other invited the latter to come along; that as the three
forfeited is involved" (29 Am. Jur., 181), and the reason for this rule is that the "insured
approached the Ojeda residence and stood in front of the main gate which was covered with
usually has no voice in the selection or arrangement of the words employed and that the
galvanized iron, the fence itself being partly concrete and partly adobe stone, a shot was
language of the contract is selected with great care and deliberation by experts and legal
fired; that immediately after the shot, Atty. Ojeda and the policeman sought cover; that the
advisers employed by, and acting exclusively in the interest of, the insurance company." (44
policeman, at the request of Atty. Ojeda, left the premises to look for reinforcement; that it
C. J. S., p. 1174.)
turned out afterwards that the special watchman Melencio Basilio was hit in the abdomen, the
DECISION wound causing his instantaneous death; that the shot must have come from inside the yard of
Atty. Ojeda, the bullet passing through a hole waist-high in the galvanized iron gate; that
BAUTISTA ANGELO, J.: upon inquiry Atty. Ojeda found out that the savings of his children in the amount of P30 in
coins kept in his aparador contained in stockings were taken away, the aparador having been
This suit involves the collection of P2,000 representing the value of a supplemental policy
ransacked; that a month thereafter the corresponding investigation conducted by the police
covering accidental death which was secured by one Melencio Basilio from the Philippine
authorities led to the arrest and prosecution of four persons in Criminal Case No. 15104 of
American Life Insurance Company. The case originated in the Municipal Court of Manila and
the Court of First Instance of Manila for ’Robbery in an Inhabited House and in Band with
judgment being favorable to the plaintiff it was appealed to the court of first instance. The
Murder’."
latter court affirmed the judgment but on appeal to the Court of Appeals the judgment was
reversed and the case is now before us on a petition for review. It is contended in behalf of the company that Basilio was killed which "making an arrest as an
officer of the law" or as a result of an "assault or murder" committed in the place and
Melencio Basilio was a watchman of the Manila Auto Supply located at the corner of Avenida
therefore his death was caused by one of the risks excluded by the supplementary contract
Rizal and Zurbaran. He secured a life insurance policy from the Philippine American Life
which exempts the company from liability. This contention was upheld by the Court of
Insurance Company in the amount of P2,000 to which was attached a supplementary
Appeals and, in reaching this conclusion, made the following comment:
contract covering death by accident. On January 25, 1951, he died of a gunshot wound on
the occasion of a robbery committed in the house of Atty. Ojeda at the corner of Oroquieta "From the foregoing testimonies, we find that the deceased was a watchman of the Manila
and Zurbaran streets. Virginia Calanoc, the widow, was paid the sum of P2,000, face value of Auto Supply, and, as such, he was not bound to leave his place and go with Atty. Ojeda and
Policeman Magsanoc to see the trouble, or robbery, that occurred in the house of Atty. possibility that the malefactor had fired the shot merely to scare away the people around for
Ojeda. In fact, according to the finding of the lower court, Atty. Ojeda finding Basilio in his own protection and not necessarily to kill or hit the victim. In any event, while the act may
uniform asked him to accompany him to his house, but the latter refused on the ground that not exempt the triggerman from liability for the damage done, the fact remains that the
he was not a policeman and suggested to Atty. Ojeda to ask help from the traffic policeman happening was a pure accident on the part of the victim. The victim could have been either
on duty at the corner of Rizal Avenue and Zurbaran, but after Atty. Ojeda secured the help of the policeman or Atty. Ojeda for it cannot be pretended that the malefactor aimed at the
the traffic policeman, the deceased went with Ojeda and said traffic policeman to the deceased precisely because he wanted to take his life.
residence of Ojeda; and while the deceased was standing in front of the main gate of said
residence, he was shot and thus died. We take note that these defenses are included among the risks excluded in the
supplementary contract which enumerates the cases which may exempt the company from
Whether or not the death of the insured was an accident, hence, the insurer is liable. liability. While as a general rule "the parties may limit the coverage of the policy to certain
particular accidents and risks or causes of loss, and may expressly except other risks or
CA: The death, therefore, of Basilio, although unexpected, was not caused by an accident, causes of loss therefrom" (45 C. J. S. 781-782), however, it is to be desired that the terms
being a voluntary and intentional act on the part of the one who robbed, or one of those who and phraseology of the exception clause be clearly expressed so as to be within the easy
robbed, the house of Atty. Ojeda. Hence, it is our considered opinion that the death of Basilio, grasp and understanding of the insured, for if the terms are doubtful or obscure the same
though unexpected, cannot be considered accidental, for his death occurred because he left must of necessity be interpreted or resolved against the one who has caused the obscurity.
his post and joined policeman Magsanoc and Atty. Ojeda to repair to the latter’s residence to (Article 1377, new Civil Code) And so it has been generally held that the "terms in an
see what happened thereat. Certainly, when Basilio joined Patrolman Magsanoc and Atty. insurance policy, which are ambiguous, equivocal, or uncertain . . . are to be construed
Ojeda, he should have realized the danger to which he was exposing himself, yet, instead of strictly and most strongly against the insurer, and liberally in favor of the insured so as to
remaining in his place, he went with Atty. Ojeda and Patrolman Magsanoc to see what was effect the dominant purpose of indemnity or payment to the insured, especially where a
the trouble in Atty. Ojeda’s house and thus he was fatally shot." forfeiture is involved" (29 Am. Jur., 181), and the reason for this rule is that the "insured
SC: We dissent from the above findings of the Court of Appeals. For one thing, Basilio was a usually has no voice in the selection or arrangement of the words employed and that the
watchman of the Manila Auto Supply which was a block away from the house of Atty. Ojeda language of the contract is selected with great care and deliberation by experts and legal
where something suspicious was happening which caused the latter to ask for help. While at advisers employed by, and acting exclusively In the interest of, the insurance company." (44
first he declined the invitation of Atty. Ojeda to go with him to his residence to inquire into C. J. S., p. 1174.)
what was going on because he was not a regular policeman, he later agreed to come along "Insurance is, in its nature, complex and difficult for the layman to understand. Policies are
when prompted by the traffic policeman, and upon approaching the gate of the residence he prepared by experts who know and can anticipate the bearing and possible complications of
was shot and died. The circumstance that he was a mere watchman and had no duty to heed every contingency. So long as insurance companies insist upon the use of ambiguous,
the call of Atty. Ojeda should not be taken as a capricious desire on his part to expose his life intricate and technical provisions, which conceal rather than frankly disclose, their own
to danger considering the fact that the place he was in duty-bound to guard was only a block intentions, the courts must, in fairness to those who purchase insurance, construe every
away. In volunteering to extend help under the situation, he might have thought, rightly or ambiguity in favor of the insured." (Algoe v. Pacific Mut. L. Ins. Co., 91 Wash. 324, LRA
wrongly, that to know the truth was in the interest of his employer it being a matter that affects 1917A, 1237.)
the security of the neighborhood. No doubt there was some risk coming to him in pursuing
that errand, but that risk always existed it being inherent in the position he was holding. He "An insurer should not be allowed, by the use of obscure phrases and exceptions, to defeat
cannot therefore be blamed solely for doing what he believed was in keeping with his duty as the very purpose for which the policy was procured." (Moore v. Aetna Life Insurance Co.,
a watchman and as a citizen. And he cannot be considered as making an arrest as an officer LRA 1915D, 264.)
of the law, as contended, simply because he went with the traffic policeman, for certainly he
did not go there for that purpose nor was he asked to do so by the policeman. We are therefore persuaded to conclude that the circumstances unfolded in the present case
do not warrant the finding that the death of the unfortunate victim comes within the purview of
Much less can it be pretended that Basilio died in the course of an assault or murder the exception clause of the supplementary policy and, hence, do not exempt the company
considering the very nature of these crimes. In the first place, there is no proof that the death from liability.
of Basilio is the result of either crime for the record is barren of any circumstance showing
how the fatal shot was fired. Perhaps this may be clarified in the criminal case now pending in Wherefore, reversing the decision appealed from, we hereby order the company to pay
court as regards the incident but before that is done anything that might be said on the point petitioner-appellant the amount of P2,000, with legal interest from January 26, 1951 until fully
would be a mere conjecture. Nor can it be said that the killing was intentional for there is the paid, with costs.