Metro Manila (CNN Philippines, March 6)— Members of the Lesbian, Homosexual, Bisexual, Transgender, Queer (LGBTQ+) group ought to be capable of designate their companions as beneficiaries of their life insurance policy, in line with the Insurance coverage Fee.
In a authorized opinion despatched to the College of the Philippines Faculty of Legislation Gender Legislation and Coverage Program (UP GLPP), the insurance coverage physique mentioned an individual with a secured life insurance coverage coverage has the liberty to delegate any particular person as his or her beneficiary.
“Upon cautious consideration of the current matter, the Insurance coverage Fee affirms your place that the insured who secures a life insurance coverage coverage on his or her personal life could designate any particular person as beneficiary, topic solely to the exceptions offered in Article 2012 in relation to Article 739 of the Civil Code,” the doc dated March four and signed by Commissioner Dennis Funa learn.
Underneath Article 739 of the Civil Code, exceptions for the beneficiary program solely pertain to these: people responsible of adultery on the time of the donation; people responsible of felony offenses; and donations made to a public officer or his spouse, descendants, and ascendants by cause of his workplace.
The UP GLPP, in a January letter despatched to the fee, relayed how LGBTQ members didn’t share their advantages to their life companions, as some insurance coverage firms refused to just accept non-relatives as beneficiaries. The businesses have cited lack of “insurable curiosity”— or the worth for the insurance coverage in case of losses— as the explanation for his or her refusal.
Nonetheless, the physique mentioned the idea of insurable curiosity is barely typically relevant to property insurance coverage. It added there’s no provision within the Amended Insurance coverage Code or the Civil Code that may require the beneficiary to have such worth.
“Subsequently, there is no such thing as a authorized obstacle to the designation as beneficiary of the home companion of an insured who has secured a life insurance coverage coverage on his or her personal life.”
The assertion, in the meantime, has been lauded by a number of LGBT and gender rights teams within the nation.
The proposed anti-discrimination measure for members of the LGBT group stays pending earlier than the legislature. The Sexual Orientation and Gender Id and Expression (SOGIE) invoice seeks to present equal entry to employment, schooling, and social companies to LGBT group members.
It additionally desires to ban the promotion and encouragement of stigma on the idea of SOGIE within the media, academic textbooks, and different mediums.
The Supreme Courtroom earlier this 12 months additionally junked with finality a petition to legalize same-sex marriage within the Philippines.