2016 Mercantile Law, Q2

Jason is the proud owner of a newly-built house worth PS million. As a protection against any possible loss or damage to his house, Jason applied for a fire insurance policy thereon with Shure Insurance Corporation (Shure) on October 11, 2016 and paid the premium in cash. It took the company a week to approve Jason’s application. On October 18, 2016, Shure mailed the approved policy to Jason which the latter received five (5) days later. However, Jason’s house had been razed by fire which transpired a day before his receipt of the approved policy. Jason filed a written claim with Shure under the insurance policy. Shure prays for the denial of the claim on the ground that the theory of cognition applies to contracts of insurance.
Decide Jason’s claim with reasons. (5%)

Quick check

Under the cognition theory followed in Philippine insurance law, when is a contract of insurance perfected?

Why is Shure Insurance Corporation not liable for the destruction of Jason's house by fire on October 22, 2016?

What is the legal effect of an applicant paying the insurance premium at the time of submitting his application?

Under the Insurance Code, what type of contract is an insurance policy regarding its formation?

Which primary statutes govern contract perfection, cognition theory, and insurance policies in the Philippines?

Learn more about these topics

1. Cognition Theory Rule
Under Article 1319 of the Civil Code of the Philippines (Republic Act Number 386) and established insurance law jurisprudence, the Philippines follows the cognition theory for the perfection of insurance contracts. Under this doctrine, an insurance contract is not perfected upon the mere signing or mailing of the policy by the insurer. Instead, perfection occurs only from the precise moment the applicant receives actual or constructive notice of the insurer's acceptance of his offer. Until the applicant learns of such acceptance, either party may withdraw, and no binding contractual obligation binds the insurer.

2. Insurance Contract Perfection
Under Section 2 and Section 19 of the Insurance Code of the Philippines (Republic Act Number 10607), an insurance policy is a consensual contract created by meeting of minds upon the object and cause. Payment of premium alone does not perfect the contract if acceptance has not been communicated to the applicant. Where the insurance policy is mailed by the insurer, acceptance is deemed communicated only upon actual receipt by the applicant. Consequently, risk coverage does not commence prior to notice of acceptance, even if the premium was paid in advance upon submitting the application.

3. Loss Before Perfection
Under Philippine insurance law, an insurer cannot be held liable for a loss that occurs prior to the perfection of the insurance contract. Since insurance is an aleatory contract covering future contingent risks, an uncommunicated acceptance cannot retroactively cover a subject matter that has already been destroyed before the contract came into legal existence. When the insured property is razed by fire prior to the applicant's receipt of the approved policy, no risk attached at the time of loss, legally justifying the insurer's denial of the indemnity claim.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026