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Phil. Phoenix
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Philippine Phoenix Surety & Insurance, Inc. v. Woodworks, Inc. (196@!

"acts#
• Phoenix and Woodworks are both corporations duly organized and existing under the laws of
the Philippines.
• Woodworks obtained from Phoenix and was issued a fire insurance policy for the amount of
P300k. The premiums amounted to P6@0!".#! but Woodworks only paid P3@000.
• $espite se%eral demands made by Phoenix@ Woodworks failed to pay.
• Thus@ Phoenix filed a case to reco%er from Woodworks the unpaid balance of the premiums
&P3@!''.0#(.
• )*+ ,anila decided in fa%or of Phoenix. Woodworks appealed@ claiming that its non-payment
of the premium cancelled the policy and thus is not liable to pay for the premiums due.

Issue# WN/ the non-payment of the premium by Woodworks cancelled the contract of insurance

$atio%%Feld# 'o, nonHpay)ent o* pre)iu) due did not cancel the contract o* insurance.
• Ps the contract of insurance had already become perfected@ the parties could demand from
each other the performance of whate%er obligations they had assumed.
• +n the case of the insurer &Phoenix(@ it is ob%ious that it had the right to demand from the
insured &Woodworks( the completion of the payment of the premium due N1 sue for the
rescission of the contract.
• 2ince Phoenix chose to demand specific performance of WoodworkSs obligation to pay the
balance of the premium@ the latter4s duty to pay is indeed indubitable.
• +f the non-payment of the premium would cancel the policy@ it would place exclusi%ely in the
hands of one of the contracting parties the right to decide whether the contract should stand
or not.

+isposition# Wherefore@ the appealed decision being in accordance with law and the e%idence@
the same is hereby affirmed@ with costs.

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