Section 36
Open ↗SEC. 36. A representation may be oral or written.
Source
PD 612 (The Insurance Code) TITLE 5. — Representation
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Section 37
Open ↗SEC. 37. A representation may be made at the time of, or before, issuance of the policy.
Section 38
Open ↗SEC. 38. The language of a representation is to be interpreted by the same rules as the language of contracts in general.
Section 39
Open ↗SEC. 39. A representation as to the future is to be deemed a promise, unless it appears that it was merely a statement of belief or expectation.
Section 40
Open ↗SEC. 40. A representation cannot qualify an express provision in a contract of insurance, but it may quality an implied warranty.
Section 41
Open ↗SEC. 41. A representation may be altered or withdrawn before the insurance is effected, but not afterwards.
Section 42
Open ↗SEC. 42. A representation must be presumed to refer to the date on which the contract goes into effect.
Section 43
Open ↗SEC. 43. When a person insured has no personal knowledge of a fact, he may nevertheless repeat information which he has upon the subject, and which he believes to be true, with the explanation that he does so on the information of others; or he may submit the information, in its whole extent, to the insurer; and in neither case is he responsible for its truth, unless it proceeds from an agent of the insured, whose duty it is to give the information.
Section 44
Open ↗SEC. 44. A representation is to be deemed false when the facts fail to correspond with its assertions or stipulations.
Section 45
Open ↗SEC. 45. If a representation is intentionally false in a material point, whether affirmative or promissory, the injured party is entitled to rescind the contract from the time when the representation becomes false.
Section 46
Open ↗SEC. 46. The materiality of a representation is determined by the same rules as the materiality of a concealment.
Section 47
Open ↗SEC. 47. The provisions of this chapter apply as well to a modification of a contract of insurance as to its original formation.
Section 48
Open ↗SEC. 48. Whenever a right to rescind a contract of insurance is given to the insurer by any provision of this chapter, such right must be exercised previous to the commencement of an action on the contract. After a policy of life insurance made payable on the death of the insured shall have been in force during the lifetime of the insured for a period of two years from the date of its issue or of its last reinstatement, the insurer cannot prove that the policy is void ab initio or is rescindible by reason of the fraudulent concealment or misrepresentation of the insured or his agent.
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Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
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