Cabanas vs Pilapil; G.R. No. L-25843; 25 Jul 1974; 58 SCRA 94

in Legal Chyme by

Deceased Florentino Pilapil, husband of Melchora Cabanas and father of Millian Pilapil, left an insurance having his child as beneficiary and authorized his brother to act as trustee during his child’s minority. Upon his death, the insurance proceeds were paid to the brother.

Whether or not the State may interfere with the virtue of the doctrine of parens patriae to the terms of the insurance policy.

YES. It is buttressed by the adherence to the concept that the judiciary, an an agent of the State acting as parens patriae, is called upon whenever a pending suit or litigation affects one who is a minor to accord priority to his best interests. It would be more in consonance not only with the natural order of things but the traiditon of the country for a parent to be preferred.

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