2016 Mercantile Law, Q9

X insured his life for P20 million. X, plays golf and regularly exercises everyday, hence is considered in good health. He did not know, however, that his frequent headache is really caused by his being hypertensive. In his application form for a life insurance for himself, he did not put a check to the question if he is suffering from hypertension, believing that because of his active lifestyle, being hypertensive is a remote possibility. While playing golf one day, X collapsed at the fairway and was declared dead on arrival at the hospital. His death certificate stated that X suffered a massive heart attack.
[a] Will the beneficiary of X be entitled to the proceeds of the life insurance under the circumstances, despite the non-disclosure that he is hypertensive at the time of application? (2.5%)
[b] IfX died in an accident instead of a heart attack, would the fact of X’s failure to disclose that he is hypertensive be considered as material information? (2.5%)

Quick check

Under Section 28 of the Insurance Code (R.A. No. 10607), what knowledge requirement is necessary to sustain a charge of concealment?

How is the materiality of a fact determined under Section 31 of the Insurance Code of the Philippines?

Why is X's beneficiary entitled to receive the life insurance proceeds despite X's failure to disclose his hypertension?

If an applicant knowingly conceals severe hypertension but later dies in an accident, is the non-disclosure material?

Choices available with full access.

Which primary statute governs life insurance contracts, concealment rules, and materiality tests in the Philippines?

Choices available with full access.

Unlock the full Commercial and Tax Law answers

Learn more about these topics

1. Concealment Knowledge Rule
Under Section 27 and Section 28 of the Insurance Code of the Philippines (Republic Act Number 10607), concealment is a neglect to communicate that which a party knows and ought to communicate. A charge of concealment can only be sustained if the insured had actual knowledge of the fact alleged to have been concealed at the time of application. Where the applicant is completely unaware of his medical condition, such as innocent ignorance of underlying hypertension, he acts without fraudulent intent or knowledge, preventing the insurer from rescinding the insurance contract on the ground of concealment.

2. Test of Materiality
Under Section 31 of Republic Act Number 10607, materiality is determined not by the event, but solely by the probable and reasonable influence of the facts upon the party to whom the communication is due, in forming his estimate of the disadvantages of the proposed contract or in making his inquiries. A medical fact is material if knowledge of it would reasonably influence the insurer in estimating the risk, determining the premium rate, or deciding whether to issue the policy at all. The insurer relies on complete medical disclosure to properly assess underwriting risk.

3. Cause of Death
Under Philippine insurance law, the materiality of a concealed medical fact does not depend on whether that concealed condition actually caused or contributed to the insured's ultimate death. The statutory test of materiality focuses exclusively on the effect of the non-disclosure on the insurer's risk assessment at the time of policy issuance. Consequently, if an applicant intentionally conceals a known material medical condition, such as severe hypertension, the contract may be rescinded by the insurer even if the insured subsequently dies from an entirely unrelated cause, such as an accident.

About these questions and answers
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.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

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