2014 Mercantile Law, Q10

A person is said to have an insurable interest in the subject matter insured where he has a relation or connection with, or concern in it that he will derive pecuniary benefit or advantage from its preservation. Which among the following subject matters is not considered insurable? (1%)
(A) A partner in a firm on its future profits
(B) A general creditor on debtor’s property
(C) A judgment creditor on debtor’s property
(D) A mortgage creditor on debtor’s mortgaged property

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Why is a general creditor not considered to have an insurable interest in a debtor's specific property under RA 10607?

Under Section 16 of the Insurance Code, what type of interest in property is expressly declared uninsurable?

Does a mortgage creditor possess an insurable interest in the debtor's mortgaged property under Philippine insurance law?

When does a judgment creditor acquire a valid insurable interest in a debtor's property under the Insurance Code?

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Which primary statute defines insurable interest in property, expectant interests, and insurable risks in the Philippines?

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1. Property Insurable Interest
Under Sections 13, 14, and 16 of the Insurance Code of the Philippines (Republic Act Number 10607), an insurable interest in property consists of an existing interest, an inchoate interest founded on an existing interest, or an expectancy coupled with an existing interest. A mere contingent or expectant interest in anything, not founded on an actual right to the property or a valid contract, is not insurable under the law.

2. General Creditor Status
Under Philippine insurance jurisprudence, a general creditor possesses no legal or equitable title, lien, or real right over the specific personal or real property of their debtor prior to attachment or levy. Consequently, a general creditor's interest in the debtor's assets is a mere expectation of payment unsupported by any direct right against specific property, rendering the debtor's property uninsurable by the general creditor.

3. Secured Creditor Interests
Under Sections 13 and 14 of Republic Act Number 10607, judgment creditors and mortgage creditors possess valid insurable interests in the debtor's property. A mortgage creditor holds a direct legal lien over the mortgaged property, while a judgment creditor acquires a legal lien upon levying execution on the debtor's property. Similarly, a partner holds an insurable interest in firm assets and future profits based on their partnership contract.

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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.

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