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Henson, Jr. vs. UCPB General Insurance

This document discusses a case regarding subrogation and prescription. UCPB General Insurance paid an insurance claim to their insured, Copylandia, for damages caused by a water leak in a building owned by Henson in 2006. In 2010, as subrogee to Copylandia's rights, UCPB demanded payment from the party responsible, NASCL, but was not paid. UCPB then filed a case against Henson and the new owner of the building, CHI, in 2014. CHI argued the case had prescribed since more than 4 years had passed. However, the court ruled that since subrogation is an obligation created by law, the prescriptive period is 10 years from the

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243 views2 pages

Henson, Jr. vs. UCPB General Insurance

This document discusses a case regarding subrogation and prescription. UCPB General Insurance paid an insurance claim to their insured, Copylandia, for damages caused by a water leak in a building owned by Henson in 2006. In 2010, as subrogee to Copylandia's rights, UCPB demanded payment from the party responsible, NASCL, but was not paid. UCPB then filed a case against Henson and the new owner of the building, CHI, in 2014. CHI argued the case had prescribed since more than 4 years had passed. However, the court ruled that since subrogation is an obligation created by law, the prescriptive period is 10 years from the

Uploaded by

Xavier Bataan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd

Bataan

Topic: Doctrine of Subrogation; subrogation not being grounded upon a contract


but on an obligation created by law.

3. Henson Jr. vs. UCPB General Insurance Co., Inc.


VICENTE G. HENSON, JR., PETITIONER, v. UCPB GENERAL INSURANCE CO., INC.,
RESPONDENT.; G.R. No. 223134; October 15, 2014

Problem: From 1989 to 1999, National Arts Studio and Color Lab (NASCL) leased
the front portion of the ground floor of a two (2)–storey building located in Sto.
Rosario Street, Angeles City, Pampanga, then owned by Henson. In 1999, NASCL
gave up its initial lease and instead, leased the right front portion of the ground
floor and the entire second floor of the said building, and made renovations with the
building's piping assembly. Meanwhile, Copylandia Office Systems Corp.
(Copylandia) moved in to the ground floor. In May 2006, a water leak occurred in
the building and damaged Copylandia's various equipment, causing injury to it in
the amount of P2, 062, 640.00. Copylandia filed a claim with its insurer with UCPB
General Insurance Co. in May 2010, UCPB, as a subrogee to Copylandia’s rights,
demanded NASCL for the payment of the aforesaid claim, but to no avail. Thus, the
filing of case for damages. Henson transferred the ownership of the building to
Citrinne Holdings, Inc. (CHI), where he is a stockholder and the President. In
October 2011, UCPB filed an amended complaint, impleading CHI as a party-
defendant to the case, as the new owner of the building; and in April 2014, UCPB
moved to further amend the complaint in order to implead Henson as party-
defendant in lieu of CHI, prescription - if adjudged under the present parameters of
legal subrogation under this Decision - should have already set in.. CHI opposed the
motion principally on the ground of prescription, arguing that since respondent's
cause of action is based on quasi-delict, it must be brought within four (4) years
from its accrual on May 9, 2006.

What is the subrogation?

Answer: A subrogation, by definition, is the transfer of all the rights of the creditor
to a third person, who substitutes him in all his rights. It may either be legal or

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conventional. Legal subrogation is that which takes place without agreement but by
operation of law because of certain acts. Conventional subrogation is that which
takes place by agreement of parties. (Ledonio v. Capitol Development Corporation)

Has the action prescribed?

Answer: No, the action has not yet prescribed. A subrogation gives rise to an
action created by operation of law, and that, consequently, the action prescribes in
10 years reckoned from the moment of payment since a subrogation is an
obligation created by law. Here, the cause of action accrued in 2006 and the filing
was done in 2014, and thus within the 10 year prescriptive period. Hence, the
action has not yet prescribed.

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