Vda. De Gabriel v.

CA FACTS: Marcelino Gabriel was employed by Emerald Construction & Development Corporation (Emerald Construction for brevity) at its construction project in Iraq !e was covered by a personal accident insurance in t"e amount of #$%%&%%% %% under a 'roup policy procured from (ortune Insurance & )urety Company ((ortune Insurance for brevity) by Emerald Construction for its overseas wor*ers +"e insured ris* was for bodily injury caused by violent accidental e,ternal and visible means w"ic" injury would solely and independently of any ot"er cause result in deat" or disability -n .. May $/0.& wit"in t"e life of t"e policy& Gabriel died in Iraq -n $. 1uly $/02& Emerald Construction reported Gabriel3s deat" to (ortune Insurance by telep"one 4mon' t"e documents t"ereafter submitted to (ortune Insurance were a copy of t"e deat" certificate issued by t"e Ministry of !ealt" of t"e 5epublic of Iraq w"ic" stated t"at an autopsy report by t"e 6ational 7ureau of Investi'ation was conducted to t"e effect t"at due to advanced state of postmortem decomposition& the cause of death of Gabriel could not be determined (emp"asis added) 7ecause of t"is development (ortune Insurance ultimately denied t"e claim of Emerald Construction on t"e 'round of prescription Gabriel3s widow& 1acqueline 1imene8& went to t"e to t"e lower court In "er complaint a'ainst Emerald Construction and (ortune Insurance& s"e averred t"at "er "usband died of electrocution w"ile in t"e performance of "is wor* (ortune Insurance alle'ed t"at since bot" t"e deat" certificate issued by t"e Iraqi Ministry of !ealt" and t"e autopsy report of t"e 67I failed to disclose t"e cause of Gabriel3s deat"& it denied liability under t"e policy In addition& private respondent raised t"e defense of prescription& invo*in' )ection 209 of t"e Insurance Code ISSUE: :-6 1acqueline 1imene8 vda de Gabriel3s claim a'ainst (ortune Insurance s"ould be denied on t"e 'round of prescription E!D: ;es )ection 209 of t"e Insurance Code provides< )ec 209 4ny person "avin' any claim upon t"e policy issued pursuant to t"is c"apter s"all& wit"out any unnecessary delay& present to t"e insurance company concerned a written notice of claim settin' fort" t"e nature& e,tent and duration of t"e injuries sustained as certified by a duly licensed p"ysician 6otice of claim must be filed wit"in si, mont"s from date of t"e accident& ot"erwise& t"e claim s"all be deemed waived 4ction or suit for recovery of dama'e due to loss or injury must be brou'"t& in proper cases& wit" t"e Commissioner or t"e Courts wit"in one year from denial of t"e claim& ot"erwise& t"e claimants ri'"t of action s"all prescribe +"e notice of deat" was 'iven to (ortune Insurance& concededly& more t"an a year after t"e deat" of vda de Gabriel3s "usband (ortune Insurance& in invo*in' prescription& was not referrin' to t"e one=year period from t"e denial of t"e claim wit"in w"ic" to file an

action a'ainst an insurer but obviously to t"e written notice of claim t"at "ad to be submitted wit"in si, mont"s from t"e time of t"e accident >da de Gabriel ar'ues t"at (ortune Insurance must be deemed to "ave waived its ri'"t to s"ow t"at t"e cause of deat" is an e,cepted peril& by failin' to "ave its answers duly verified It is true t"at a matter of w"ic" a written request for admission is made s"all be deemed impliedly admitted unless& wit"in a period desi'nated in t"e request& w"ic" s"all not be less t"an $% days after service t"ereof& or wit"in suc" furt"er time as t"e court may allow on motion and notice& t"e party to w"om t"e request is directed serves upon t"e party requestin' t"e admission a sworn statement eit"er denyin' specifically t"e matters of w"ic" an admission is requested or settin' fort" in detail t"e reasons w"y "e cannot trut"fully eit"er admit or deny t"ose matters? "owever& t"e verification& li*e in most cases required by t"e rules of procedure& is a formal& not jurisdictional& requirement& and mainly intended to secure an assurance t"at matters w"ic" are alle'ed are done in 'ood fait" or are true and correct and not of mere speculation :"en circumstances warrant& t"e court may simply order t"e correction of unverified pleadin's or act on it and waive strict compliance wit" t"e rules in order t"at t"e ends of justice may t"ereby be served In t"e case of answers to written requests for admission particularly& t"e court can allow t"e party ma*in' t"e admission& w"et"er made e,pressly or deemed to "ave been made impliedly& to wit"draw or amend it upon suc" terms as may be just +"e insurance policy e,pressly provided t"at to be compensable& t"e injury or deat" s"ould be caused by violent accidental e,ternal and visible means In attemptin' to prove t"e cause of "er "usband3s deat"& all t"at vda de Gabriel could submit were a letter sent to "er by "er "usband3s co=wor*er& statin' t"at Gabriel died w"en "e tried to "aul water out of a tan* w"ile its submer'ed motor was still functionin'& and vda de Gabriel3s sworn affidavit +"e said affidavit& "owever& suffers from procedural infirmity as it was not even testified to or identified by vda de Gabriel "erself +"is affidavit t"erefore is a mere "earsay under t"e law In li*e manner& t"e letter alle'edly written by t"e deceased3s co=wor*er w"ic" was never identified to in court by t"e supposed aut"or& suffers from t"e same defect as t"e affidavit of vda de Gabriel 6ot one of t"e ot"er documents submitted& to wit& t"e #-E4 decision& t"e deat" certificate issued by t"e Ministry of !ealt" of Iraq and t"e 67I autopsy report& could 'ive any probative value to vda de Gabriel3s claim +"e #-E4 decision did not ma*e any cate'orical "oldin' on t"e specific cause of Gabriel3s deat" In summary& evidence is utterly wantin' to establis" t"at t"e insured suffered from an accidental deat"& t"e ris* covered by t"e policy