Jimenez vs CA : 103883 : November 14, 1996 : J Vitug : First Division http://sc.judiciary.gov.ph/jurisprudence/1996/nov1996/103883.htm due execution of the insurance policy; it alleged, however, that since both the death certificate issued by the Iraqi Ministry of Health and the autopsy report of the NBI failed to disclose the cause of Gabriels death, it denied liability under the policy. In addition, private respondent raised [10] the defense of prescription, invoking Section 384 of the Insurance Code. Later, private respondent filed an amended answer, still unverified, reiterating its original defenses but, this time, additionally putting up a counterclaim and a crossclaim. The trial court dismissed the case against ECDC for the failure of petitioner to take steps to cause the service of the fourth alias summons on ECDC. The dismissal was without prejudice. The case proceeded against private respondent alone. On 28 May 1987, the trial court [11] in favor (partly) of petitioners claim. In arriving at its conclusion, the trial rendered its decision court held that private respondent was deemed to have waived the defense, i.e., that the cause of Gabriels death was not covered by the policy, when the latter failed to impugn by evidence petitioners averment on the matter. With regard to the defense of prescription, the court considered the complaint to have been timely filed or within one (1) year from private respondents denial of the claim. Petitioner and private respondent both appealed to the Court of Appeals. Petitioner contended that the lower court should have awarded all the claims she had asked for. Private respondent asserted, on its part, that the lower court erred in ruling (a) that the insurer had waived the defense that Gabriels death was not caused by the insured peril (violent accidental external and visible means) specified in the policy and (b) that the cause of action had not prescribed. The Court of Appeals, on 18 September 1991, reversed the decision of the lower court. The appellate court held that petitioner had failed to substantiate her allegation that her husbands death was caused by a risk insured against. The appellate court observed that the only evidence presented by petitioner, in her attempt to show the circumstances that led to the death of the insured, were her own affidavit and a letter allegedly written by a co-worker of the deceased in [12] Iraq which, unfortunately for her, were held to be both hearsay. [13] The motion for reconsideration was denied. Petitioner s recourse to this Court must also fail. On the issue of prescription, private respondent correctly invoked Section 384 of the Insurance Code; viz: Sec. 384. Any person having any claim upon the policy issued pursuant to this chapter shall, without any unnecessary delay, present to the insurance company concerned a written notice of claim setting forth the nature, extent and duration of the injuries sustained as certified by a duly licensed physician. Notice of claim must be filed within six months from date of the accident, otherwise, the claim shall be deemed waived. Action or suit for recovery of damage due to loss or injury must be brought, in proper cases, with the Commissioner or the Courts within one year from denial of the claim, otherwise, the claimants right of action shall prescribe. The notice of death was given to private respondent, concededly, more than a year after the death of petitioners husband. Private respondent, in invoking prescription, was not referring to the one-year period from the denial of the claim within which to file an action against an insurer but obviously to the written notice of claim that had to be submitted within six months from the time of the accident. Petitioner argues that private respondent must be deemed to have waived its right to controvert the claim, that is, to show that the cause of death is an excepted peril, by failing to 2 of 5 1/20/2016 2:03 PM

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