Cabañas v. Pilapil

TOPICS: parens patriae

FACTS: 

Francisco Pilapil is the brother Florentino Pilapil who insured himself and instituted as beneficiary, his child. Upon Florentino’s death, the proceeds of the insurance were paid to him, where he acted as a trustee during the minority of his niece.

Thereafter, the mother of the minor, Melchora Cabañas, sought for the delivery of the insurance proceeds to her. The lower court ordered the Defendant to deliver the proceeds of the policy to the mother relying the Civil Code provisions that the father, in his absence, the mother, is the legal administrator of the property pertaining to the child under parental authority. The Defendant appealed.

ISSUE:

WON the mother is entitled to act as a trustee.

RULING:

Yes, the mother is entitled to act as a trustee over the insurance proceeds where her daughter is the beneficiary. 

The State as a parens patriae gives greater stress on family unity under the Constitution when the welfare of the child is the paramount consideration. 

In this case, there are opposing claims between a mother and an uncle over the insurance proceeds. Considering that that welfare of the child is the paramount consideration, the Court concluded that such welfare of the child called for the mother to be entrusted with such responsibility over the insurance proceeds. 

Hence, the mother should be the trustee over the insurance proceeds.