Professional Documents
Culture Documents
Golangco, Et Al
(1954)
L-6442 Sep 21, 1954
FACTS:
1. Tomas Lianco and the Archbishop entered into a contract of lease on a parcel of
landowned by church
2. As lessee, Lianco erected a building on the leased portion of the churchs land.
3. Lianco transferred ownership of this building to Kaw Eng Si,who later transferred
the same to Golangco.
4. Transfers were made without the consent of the Archbishop
5. The Archbishop filed an ejectment case against Lianco, who appears to be
occupants of the premises building with others paying rent to Golangco.
6. The right of Golangco to receive rent on the building was judicially recognized in a
case decided between Lianco and others occupying the premises pursuant to a
compromise agreement.
7. The Archbishop did not exercise his option to question Golangcos rights as lessee
8. April 7,1949: Golangco applied for fire insurance with Traders Insurance and
Surety Co.
9. fire insurance policy states: "that all insurancecovered under said policy, includes
the 'rent or othersubject matter of insurance in respect of or inconnection with any
building or any property contained in any building"
10. June 5, 1949: the building premises was burned so Golangco requested
Traders Insurance to pay the insurance amount of 10,000 including the amount of
rent P1,100 monthly.
11. Traders insurance refused to pay the insurance for the rent averring that
Golangco has no insurable interest
ISSUE:
Whether Golangco has insurable interest on the rent of the building premises which may
lawfully/validly be subject of insurance?
HELD: YES.