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LGBTQIA people may designate partners as beneficiaries in insurance plans – Insurance Commission

The partners of LGBTQIA people may be designated as the beneficiaries of insurance plans, according to the Insurance Commission.

The partners of LGBTQIA people may be designated as the beneficiaries of insurance plans, according to the Insurance Commission (IC).

As first reported by PhilStar.com, IC stated that it “affirms (the) position that the insured who secures a life insurance policy on his or her own life may designate any individual as beneficiary.”

IC’s clarification/position came after Prof. E. (Leo) Battad, program director of the UP College of Law Gender Law and Policy Program, sought guidelines from the IC on the right of the insured to designate a beneficiary, particularly the rights of members of the LGBTQIA community to designate their domestic partners as beneficiaries of their life insurance.

In the legal opinion issued to the University of the Philippines College of Law, Gender Law and Policy Program, IC commissioner Dennis Funa said that “an individual who has secured a life insurance policy on his or her own life may designate any person as beneficiary provided that such designation does not fall under the enumerations provided by Article 739 of the Civil Code, without prejudice to the application of Section 12 of the Amended Insurance Code.”

Exceptions contained in Article 2012 in relation to Article 739 of the Civil Code apply.

In Article 739, the following donations shall be void:

  • Those made between persons who were guilty of adultery or concubinage at the time of donation;
  • Those made between persons found guilty of the same criminal offense
  • Those made to a public officer or his wife, descendants and ascendants, by reason of his office.

Funa was also quoted as saying that members of the LGBTQIA community “may present the legal opinion “if an insurance agent would have an adverse view.”

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