356 SUPREME COURT REPORTS ANNOTATED

Philamcare Health Systems, Inc. vs. Court of Appeals

G.R. No. 125678. March 18, 2002. *

PHILAMCARE HEALTH SYSTEMS, INC., petitioner, vs. COURT OF APPEALS

and JULITA TRINOS, respondents.
Insurance; Elements; Words and Phrases; A contract of insurance is an agreement
whereby one undertakes for a consideration to indemnify another against loss, damage or
liability arising from an unknown or contingent event.—Section 2 (1) of the Insurance Code
defines a contract of insurance as an agreement whereby one undertakes for a consideration
to indemnify another against loss, damage or liability arising from an unknown or contingent
event. An insurance contract exists where the fol-
______________

* FIRST DIVISION.

357

VOL. 379, MARCH 18, 2002 357

Philamcare Health Systems, Inc. vs. Court of Appeals
lowing elements concur: 1. The insured has an insurable interest; 2. The insured is
subject to a risk of loss by the happening of the designated peril; 3. The insurer assumes the
risk; 4. Such assumption of risk is part of a general scheme to distribute actual losses among
a large group of persons bearing a similar risk; and 5. In consideration of the insurer’s
promise, the insured pays a premium.
Same; Every person has an insurable interest in the life and health of himself.—Section
3 of the Insurance Code states that any contingent or unknown event, whether past or future,
which may damnify a person having an insurable interest against him, may be insured
against. Every person has an insurable interest in the life and health of himself. Section 10
provides: Every person has an insurable interest in the life and health: (1) of himself, of his
spouse and of his children; (2) of any person on whom he depends wholly or in part for
education or support, or in whom he has a pecuniary interest; (3) of any person under a legal
obligation to him for the payment of money, respecting property or service, of which death or
illness might delay or prevent the performance; and (4) of any person upon whose life any
estate or interest vested in him depends.
Same; Health Care Agreements; A health care agreement is in the nature of non-life
insurance, which is primarily a contract of indemnity.—In the case at bar, the insurable
interest of respondent’s husband in obtaining the health care agreement was his own health.
The health care agreement was in the nature of non-life insurance, which is primarily a
contract of indemnity. Once the member incurs hospital, medical or any other expense arising
from sickness, injury or other stipulated contingent, the health care provider must pay for
the same to the extent agreed upon under the contract.
Same; Same; Misrepresentation; Where matters of opinion are called for, answers made
in good faith and without intent to deceive will not avoid a policy even though they are
untrue.—The answer assailed by petitioner was in response to the question relating to the
medical history of the applicant. This largely depends on opinion rather than fact, especially
coming from respondent’s husband who was not a medical doctor. Where matters of opinion
or judgment are called for, answers made in good faith and without intent to deceive will not
avoid a policy even though they are untrue. Thus, (A)lthough false, a representation of the
expectation, intention, belief, opinion, or judgment of the insured will not avoid the policy if
there is no actual fraud in inducing the acceptance of the risk, or its acceptance at a lower
rate of premium, and this is likewise the rule although the statement is material to the risk,
if the statement is obviously of the
358

358 SUPREME COURT REPORTS ANNOTATED

Philamcare Health Systems, Inc. vs. Court of Appeals
foregoing character, since in such case the insurer is not justified in relying upon such
statement, but is obligated to make further inquiry. There is a clear distinction between such
a case and one in which the insured is fraudulently and intentionally states to be true, as a
matter of expectation or belief, that which he then knows, to be actually untrue, or the
impossibility of which is shown by the facts within his knowledge, since in such case the
intent to deceive the insurer is obvious and amounts to actual fraud. (Italics ours)
Same; Same; Concealment; Concealment as a defense for the health care provider or
insurer to avoid liability is an affirmative defense and the duty to establish such defense by
satisfactory and convincing evidence rests upon the provider or insurer; The liability of the
health care provider attaches once the member is hospitalized for the disease or injury covered
by the agreement or whenever he avails of the covered benefits which he has prepaid.—The
fraudulent intent on the part of the insured must be established to warrant rescission of the
insurance contract. Concealment as a defense for the health care provider or insurer to avoid
liability is an affirmative defense and the duty to establish such defense by satisfactory and
convincing evidence rests upon the provider or insurer. In any case, with or without the
authority to investigate, petitioner is liable for claims made under the contract. Having
assumed a responsibility under the agreement, petitioner is bound to answer the same to the
extent agreed upon. In the end, the liability of the health care provider attaches once the
member is hospitalized for the disease or injury covered by the agreement or whenever he
avails of the covered benefits which he has prepaid.
Same; Same; Same; Rescission; The right to rescind should be exercised previous to the
commencement of an action on the contract.—Under Section 27 of the Insurance Code, “a
concealment entitles the injured party to rescind a contract of insurance.” The right to rescind
should be exercised previous to the commencement of an action on the contract. In this case,
no rescission was made. Besides, the cancellation of health care agreements as in insurance
policies require the concurrence of the following conditions: 1. Prior notice of cancellation to
insured; 2. Notice must be based on the occurrence after effective date of the policy of one or
more of the grounds mentioned; 3. Must be in writing, mailed or delivered to the insured at
the address shown in the policy; 4. Must state the grounds relied upon provided in Section
64 of the Insurance Code and upon request of insured, to furnish facts on which cancellation
is based.
359

VOL. 379, MARCH 18, 2002 359

Philamcare Health Systems, Inc. vs. Court of Appeals
Same; Same; Contracts; The rule that by reason of the exclusive control of the insurance
company over the terms and phraseology of the insurance contract, ambiguity must be strictly
interpreted against the insurer and liberally in favor of the insured, especially to avoid
forfeiture, is equally applicable to Health Care Agreements.—None of the above preconditions
was fulfilled in this case. When the terms of insurance contract contain limitations on
liability, courts should construe them in such a way as to preclude the insurer from non-
compliance with his obligation. Being a contract of adhesion, the terms of an insurance
contract are to be construed strictly against the party which prepared the contract—the
insurer. By reason of the exclusive control of the insurance company over the terms and
phraseology of the insurance contract, ambiguity must be strictly interpreted against the
insurer and liberally in favor of the insured, especially to avoid forfeiture. This is equally
applicable to Health Care Agreements. The phraseology used in medical or hospital service
contracts, such as the one at bar, must be liberally construed in favor of the subscriber, and
if doubtful or reasonably susceptible of two interpretations the construction conferring
coverage is to be adopted, and exclusionary clauses of doubtful import should be strictly
construed against the provider.
Same; Same; Since a health care agreement is in the nature of a contract of indemnity,
payment should be made to the party who incurred the expenses.—Petitioner alleges that
respondent was not the legal wife of the deceased member considering that at the time of
their marriage, the deceased was previously married to another woman who was still alive.
The health care agreement is in the nature of a contract of indemnity. Hence, payment should
be made to the party who incurred the expenses. It is not controverted that respondent paid
all the hospital and medical expenses. She is therefore entitled to reimbursement. The
records adequately prove the expenses incurred by respondent for the deceased’s
hospitalization, medication and the professional fees of the attending physicians.

PETITION for review on certiorari of a decision of the Court of Appeals.

The facts are stated in the opinion of the Court.

Alvin B. Cunada for petitioner.
Ronald O. Layawen for private respondent.
360
360 SUPREME COURT REPORTS ANNOTATED
Philamcare Health Systems, Inc. vs. Court of Appeals

YNARES-SANTIAGO, J.:

Ernani Trinos, deceased husband of respondent Julita Trinos, applied for a health
care coverage with petitioner Philamcare Health Systems, Inc. In the standard
application form, he answered no to the following question:
Have you or any of your family members ever consulted or been treated for high blood
pressure, heart trouble, diabetes, cancer, liver disease, asthma or peptic ulcer? (If Yes, give
details).1

The application was approved for a period of one year from March 1, 1988 to March
1, 1989. Accordingly, he was issued Health Care Agreement No. P010194. Under the
agreement, respondent’s husband was entitled to avail of hospitalization benefits,
whether ordinary or emergency, listed therein. He was also entitled to avail of “out-
patient benefits” such as annual physical examinations, preventive health care and
other out-patient services.
Upon the termination of the agreement, the same was extended for another year
from March 1, 1989 to March 1, 1990, then from March 1, 1990 to June 1, 1990. The
amount of coverage was increased to a maximum sum of P75,000.00 per disability. 2
 During the period of his coverage, Ernani suffered a heart attack and was confined
at the Manila Medical Center (MMC) for one month beginning March 9, 1990. While
her husband was in the hospital, respondent tried to claim the benefits under the
health care agreement. However, petitioner denied her claim saying that the Health
Care Agreement was void. According to petitioner, there was a concealment regarding
Ernani’s medical history. Doctors at the MMC allegedly discovered at the time of
Ernani’s confinement that he was hypertensive, diabetic and asthmatic, contrary to
his answer in the application form. Thus, respondent paid the hospitalization
expenses herself, amounting to about P76,000.00.
______________

1 Record, p. 28.
2 Exhibit “4”, Record, p. 156.

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VOL. 379, MARCH 18, 2002 361
Philamcare Health Systems, Inc. vs. Court of Appeals
After her husband was discharged from the MMC, he was attended by a physical
therapist at home. Later, he was admitted at the Chinese General Hospital. Due to
financial difficulties, however, respondent brought her husband home again. In the
morning of April 13, 1990, Ernani had fever and was feeling very weak. Respondent
was constrained to bring him back to the Chinese General Hospital where he died on
the same day.
On July 24, 1990, respondent instituted with the Regional Trial Court of Manila,
Branch 44, an action for damages against petitioner and its president, Dr. Benito
Reverente, which was docketed as Civil Case No. 90-53795. She asked for
reimbursement of her expenses plus moral damages and attorney’s fees. After trial,
the lower court ruled against petitioners, viz:
WHEREFORE, in view of the forgoing, the Court renders judgment in favor of the plaintiff
Julita Trinos, ordering:

1. 1.Defendants to pay and reimburse the medical and hospital coverage of the late
Ernani Trinos in the amount of P76,000.00 plus interest, until the amount is fully
paid to plaintiff who paid the same;
2. 2.Defendants to pay the reduced amount of moral damages of P10,000.00 to plaintiff;
3. 3.Defendants to pay the reduced amount of P10,000.00 as exemplary damages to
plaintiff;
4. 4.Defendants to pay attorney’s fees of P20,000.00, plus costs of suit.

SO ORDERED. 3

On appeal, the Court of Appeals affirmed the decision of the trial court but deleted
all awards for damages and absolved petitioner Reverente. Petitioner’s motion for
4

reconsideration was denied. Hence, petitioner brought the instant petition for
5

review, raising the primary argument that a health care agreement is not
______________

3 Dated November 16, 1993; penned by Judge Lolita Gal-lang; Rollo, pp. 134-135.
 4 Dated December 14, 1995, penned by Associate Justice Fidel P. Purisima, concurred in by Associate
Justices Fermin A. Martin, Jr. and Conchita Carpio Morales; Rollo, p. 45.
5 Resolution dated July 23, 1996; Rollo, p. 48.

362
362 SUPREME COURT REPORTS ANNOTATED
Philamcare Health Systems, Inc. vs. Court of Appeals
an insurance contract; hence the “incontestability clause” under the Insurance
Code does not apply.
6

Petitioner argues that the agreement grants “living benefits,” such as medical
check-ups and hospitalization which a member may immediately enjoy so long as he
is alive upon effectivity of the agreement until its expiration one-year thereafter.
Petitioner also points out that only medical and hospitalization benefits are given
under the agreement without any indemnification, unlike in an insurance contract
where the insured is indemnified for his loss. Moreover, since Health Care
Agreements are only for a period of one year, as compared to insurance contracts
which last longer, petitioner argues that the incontestability clause does not apply,
7

as the same requires an effectivity period of at least two years. Petitioner further
argues that it is not an insurance company, which is governed by the Insurance
Commission, but a Health Maintenance Organization under the authority of the
Department of Health.
Section 2 (1) of the Insurance Code defines a contract of insurance as an agreement
whereby one undertakes for a consideration to indemnify another against loss,
damage or liability arising from an unknown or contingent event. An insurance
contract exists where the following elements concur:

1. 1.The insured has an insurable interest;

2. 2.The insured is subject to a risk of loss by the happening of the designated
peril;
3. 3.The insurer assumes the risk;
4. 4.Such assumption of risk is part of a general scheme to distribute actual losses
among a large group of persons bearing a similar risk; and
5. 5.In consideration of the insurer’s promise, the insured pays a premium. 8

______________

6 Section 48 of P.D. No. 1460 otherwise known as the Insurance Code.

7 Petition, pp. 13-14; Rollo, pp. 22-23.
8 See Vance pp. 1-2 cited in Agbayani, Commercial Laws of the Philippines, Vol. 2, 1986 ed. p. 6.

363
VOL. 379, MARCH 18, 2002 363
Philamcare Health Systems, Inc. vs. Court of Appeals
Section 3 of the Insurance Code states that any contingent or unknown event,
whether past or future, which may damnify a person having an insurable interest
against him, may be insured against. Every person has an insurable interest in the
life and health of himself. Section 10 provides:
Every person has an insurable interest in the life and health:

1. (1)of himself, of his spouse and of his children;

2. (2)of any person on whom he depends wholly or in part for education or support, or in
whom he has a pecuniary interest;
3. (3)of any person under a legal obligation to him for the payment of money, respecting
property or service, of which death or illness might delay or prevent the performance;
and
4. (4)of any person upon whose life any estate or interest vested in him depends.

In the case at bar, the insurable interest of respondent’s husband in obtaining the
health care agreement was his own health. The health care agreement was in the
nature of non-life insurance, which is primarily a contract of indemnity. Once the 9

member incurs hospital, medical or any other expense arising from sickness, injury
or other stipulated contingent, the health care provider must pay for the same to the
extent agreed upon under the contract.
Petitioner argues that respondent’s husband concealed a material fact in his
application. It appears that in the application for health coverage, petitioners
required respondent’s husband to sign an express authorization for any person,
organization or entity that has any record or knowledge of his health to furnish any
and all information relative to any hospitalization, consultation, treatment or any
other medical advice or examination. Specifically, the Health Care Agreement
10

signed by respondent’s husband states:

We hereby declare and agree that all statement and answers contained herein and in any
addendum annexed to this application are full, complete and true and bind all parties in
interest under the Agreement
______________

9 Cha v. Court of Appeals, 270 SCRA 690, 694 (1997).

10 Record, p. 28.

364
364 SUPREME COURT REPORTS ANNOTATED
Philamcare Health Systems, Inc. vs. Court of Appeals
herein applied for, that there shall be no contract of health care coverage unless and until an
Agreement is issued on this application and the full Membership Fee according to the mode
of payment applied for is actually paid during the lifetime and good health of proposed
Members; that no information acquired by any Representative of PhilamCare shall be
binding upon PhilamCare unless set out in writing in the application; that any physician is,
by these presents, expressly authorized to disclose or give testimony at anytime relative to any
information acquired by him in his professional capacity upon any question affecting the
eligibility for health care coverage of the Proposed Members and that the acceptance of any
Agreement issued on this application shall be a ratification of any correction in or addition
to this application as stated in the space for Home Office Endorsement. (Italics ours)
11

In addition to the above condition, petitioner additionally required the applicant for
authorization to inquire about the applicant’s medical history, thus:
I hereby authorize any person, organization, or entity that has any record or knowledge of
my health and/or that of ______ to give to the Philam Care Health Systems, Inc. any and all
information relative to any hospitalization, consultation, treatment or any other medical
advice or examination. This authorization is in connection with the application for health care
coverage only. A photographic copy of this authorization shall be as valid as the
original. (Italics ours)
12

Petitioner cannot rely on the stipulation regarding “Invalidation of agreement” which

reads:
Failure to disclose or misrepresentation of any material information by the member in the
application or medical examination, whether intentional or unintentional, shall
automatically invalidate the Agreement from the very beginning and liability of Philamcare
shall be limited to return of all Membership Fees paid. An undisclosed or misrepresented
information is deemed material if its revelation would have resulted in the declination of the
applicant by Philamcare or the assessment of a higher Membership Fee for the benefit or
benefits applied for. 13

______________

11 Ibid.
12 Ibid.
13 Ibid., p. 13.

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VOL. 379, MARCH 18, 2002 365
Philamcare Health Systems, Inc. vs. Court of Appeals
The answer assailed by petitioner was in response to the question relating to the
medical history of the applicant. This largely depends on opinion rather than fact,
especially coming from respondent’s husband who was not a medical doctor. Where
matters of opinion or judgment are called for, answers made in good faith and without
intent to deceive will not avoid a policy even though they are untrue. Thus, 14

(A)lthough false, a representation of the expectation, intention, belief, opinion, or judgment

of the insured will not avoid the policy if there is no actual fraud in inducing the acceptance
of the risk, or its acceptance at a lower rate of premium, and this is likewise the rule although
the statement is material to the risk, if the statement is obviously of the foregoing character,
since in such case the insurer is not justified in relying upon such statement, but is obligated
to make further inquiry. There is a clear distinction between such a case and one in which
the insured is fraudulently and intentionally states to be true, as a matter of expectation or
belief, that which he then knows, to be actually untrue, or the impossibility of which is shown
by the facts within his knowledge, since in such case the intent to deceive the insurer is
obvious and amounts to actual fraud. (Italics ours)
15

The fraudulent intent on the part of the insured must be established to warrant
rescission of the insurance contract. Concealment as a defense for the health care
16

provider or insurer to avoid liability is an affirmative defense and the duty to

establish such defense by satisfactory and convincing evidence rests upon the
provider or insurer. In any case, with or without the authority to investigate,
petitioner is liable for claims made under the contract. Having assumed a
responsibility under the agreement, petitioner is bound to answer the same to the
extent agreed upon. In the end, the liability of the health care provider attaches once
the member
______________

14 Bryant v. Modern Woodmen of America, 86 Neb 372, 125 NW 621.

15 Herrick v. Union Mut. Fire Ins. Co., 48 Me 558; Bryant v. Modern Woodmen of America, supra; Boutelle
v. Westchester Fire Ins. Co., 51 Vt 4 cited in 43 Am Jur 2d § 1016.
16 Great Pacific Life v. Court of Appeals, 316 SCRA 677 [1999], citing Ng Gan Zee v. Asian Crusader Life

Assurance Corp., 122 SCRA 461[1983].

366
366 SUPREME COURT REPORTS ANNOTATED
Philamcare Health Systems, Inc. vs. Court of Appeals
is hospitalized for the disease or injury covered by the agreement or whenever he
avails of the covered benefits which he has prepaid.
Under Section 27 of the Insurance Code, “a concealment entitles the injured party
to rescind a contract of insurance.” The right to rescind should be exercised previous
to the commencement of an action on the contract. In this case, no rescission was
17

made. Besides, the cancellation of health care agreements as in insurance policies

require the concurrence of the following conditions:

1. 1.Prior notice of cancellation to insured;

2. 2.Notice must be based on the occurrence after effective date of the policy of
one or more of the grounds mentioned;
3. 3.Must be in writing, mailed or delivered to the insured at the address shown
in the policy;
4. 4.Must state the grounds relied upon provided in Section 64 of the Insurance
Code and upon request of insured, to furnish facts on which cancellation is
based.
18

None of the above pre-conditions was fulfilled in this case. When the terms of
insurance contract contain limitations on liability, courts should construe them in
such a way as to preclude the insurer from non-compliance with his obligation. Being 19

a contract of adhesion, the terms of an insurance contract are to be construed strictly

against the party which prepared the contract—the insurer. By reason of the 20

exclusive control of the insurance company over the terms and phraseology of the
insurance contract, ambiguity must be strictly interpreted against the insurer and
liberally in favor of the insured, especially to avoid forfeiture. This is equally 21

applicable to Health Care Agreements. The phraseology used in

______________

17 Section 48, Insurance Code.

18 Malayan Insurance v. Cruz Arnaldo, 154 SCRA 672 [1987].
19 Heirs of Ildefonso Cosculluela, Sr. v. Rico General Insurance Corporation, 179 SCRA 511 [1989].

20 Landicho v. GSIS, 44 SCRA 7 [1972]; Western Guaranty Company v. Court of Appeals, 187 SCRA

652 [1990].
 2144 C.J.S. pp. 1166-1175; 29 Am. Jur. 180. See also Aetna Insurance Co. v. Rhodes, 170 F2d
111; Insurance Co. v. Norton, 96 U.S. 234, 24 L ed 689; Pfeiffer v. Missouri State Life Ins. Co., 174 Ark 783,
297 SW 847.

367
VOL. 379, MARCH 18, 2002 367
Philamcare Health Systems, Inc. vs. Court of Appeals
medical or hospital service contracts, such as the one at bar, must be liberally
construed in favor of the subscriber, and if doubtful or reasonably susceptible of two
interpretations the construction conferring coverage is to be adopted, and
exclusionary clauses of doubtful import should be strictly construed against the
provider. 22

Anent the incontestability of the membership of respondent’s husband, we quote

with approval the following findings of the trial court:
(U)nder the title Claim procedures of expenses, the defendant Philamcare Health Systems
Inc. had twelve months from the date of issuance of the Agreement within which to contest
the membership of the patient if he had previous ailment of asthma, and six months from the
issuance of the agreement if the patient was sick of diabetes or hypertension. The periods
having expired, the defense of concealment or misrepresentation no longer lie. 23

Finally, petitioner alleges that respondent was not the legal wife of the deceased
member considering that at the time of their marriage, the deceased was previously
married to another woman who was still alive. The health care agreement is in the
nature of a contract of indemnity. Hence, payment should be made to the party who
incurred the expenses. It is not controverted that respondent paid all the hospital and
medical expenses. She is therefore entitled to reimbursement. The records adequately
prove the expenses incurred by respondent for the deceased’s hospitalization,
medication and the professional fees of the attending physicians. 24

WHEREFORE, in view of the foregoing, the petition is DENIED. The assailed

decision of the Court of Appeals dated December 14, 1995 is AFFIRMED.
SO ORDERED.
Davide, Jr. (C.J., Chairman), Puno and Kapunan, JJ., concur.
______________

22 See Myers v. Kitsap Physicians Service, 78 Wash 2d 286, 474 P2d 109, 66 ALR3d 1196; Hunt v. Hospital

Service Plan, 81 ALR 2d 919 cited in 43 Am Jur 2d § 289.

23 Record, p. 257.

24 Exhibit “B”, Exhibits “D” to “D-7”; Record, pp. 88-97.

368
368 SUPREME COURT REPORTS ANNOTATED
Reyes vs. Torres
Petition denied, judgment affirmed.
Notes.—The rule that contracts of insurance will be construed in favor of the
insured and most strongly against the insurer should not be permitted to have the
effect of making a plain agreement ambiguous and then construe it in favor of the
insured. (Tibay vs. Court of Appeals, 256 SCRA 126 [1996])
 Not only are warranties strictly construed against the insurer, but they should,
likewise, by themselves be reasonably interpreted. (American Home Assurance
Company vs. Tantuco Enterprises, Inc., 366 SCRA 740[2001])

——o0o——