G.R. No.

L-25843 July 25, 1974

MELCHORA CABANAS, plaintiff-appellee, vs. FRANCISCO PILAPIL, defendant-appellant

FACTS:
The disputants in this appeal form a question of law from a lower court decision are the mother and the uncle of a minor
beneficiary of the proceeds of an insurance policy issued on the life of her deceased father. The dispute centers as to who
of them should be entitled to act as trustee thereof. The lower court applying the appropriate Civil Code provisions decided
in favor of the mother, the plaintiff in this case. Defendant uncle appealed.
CABANAS PILAPIL
Filed a complaint seeking the delivery of the Asserted the terms of the insurance policy and that as a
insurance proceeds in favor and for her to be private contract its terms and obligations must be binding
declared as the child’s trustee. only to the parties and intended beneficiaries.

ISSUE HELD RATIO

Whether or not the Yes. The Constitution The uncle here should not be the trustee, it should be the mother as
state may interfere provides for the she was the immediate relative of the minor child and it is assumed
by virtue of strengthening of the family as that the mother shall show more care towards the child than the uncle
“parens patriae” to the basic social unit, and that will. The application of parens patriae here is in consonance with this
the terms of the whenever any member country’s tradition of favoring conflicts in favor of the family hence
insurance policy. thereof such as in the case at preference to the parent (mother) is observed.
bar would be prejudiced and
his interest be affected then
the judiciary if a litigation has
been filed should resolve that
case according to the best
interest of that person.
Parens Patriae
Latin for 'parent of his or her country.' In the juvenile justice legal system, parens patriae is a doctrine that allows the state
to step in and serve as a guardian for children, the mentally ill, the incompetent, the elderly, or disabled persons who are
unable to care for themselves.
REF:
Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The
natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.