Short answer. Yes. Article 43 of the Family Code expressly gives the innocent spouse the right to revoke the designation of the bad-faith spouse as beneficiary in any insurance policy — even if that designation was stipulated as irrevocable. The bad faith of the other spouse is what activates this right.
What the law says
The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable
Family Code, Article 43 — Effects of Terminating a Subsequent Marriage. Read the full provision →
The context: when this provision applies
Article 43 governs what happens when a subsequent marriage is terminated because the first spouse who was presumed dead reappears. When that subsequent marriage ends, several consequences follow — and one of them is designed specifically to protect the innocent spouse from being bound by arrangements that assumed the other spouse was acting in good faith. The revocation right for insurance policies is one of five specific effects the law imposes in this scenario.
Why the law overrides the 'irrevocable' clause
Normally, when an insurance beneficiary designation is stipulated as irrevocable, the policy owner cannot change it unilaterally. That protection exists to give the designated beneficiary certainty. Article 43 makes an exception: the innocent spouse may revoke even an irrevocable designation when it was made in favor of a spouse who acted in bad faith. The law treats the bad-faith spouse's conduct as something that defeats the protection the irrevocability clause would otherwise provide. The innocent party should not remain bound by a designation that favors someone who deceived them.
The full range of consequences for the bad-faith spouse
Losing the insurance designation is not the only consequence Article 43 imposes on the bad-faith spouse. Under the same article, the bad-faith spouse's share of the net profits from the community property or conjugal partnership is forfeited in favor of the common children, or the innocent spouse if there are no children. Donations made to the bad-faith donee by reason of the marriage are revoked by operation of law. And the bad-faith spouse is disqualified from inheriting from the innocent spouse, whether by will or by intestate succession.
What you need to do to exercise this right
The right to revoke the insurance designation must be exercised actively — it does not happen automatically without any action on your part. You will need to notify the insurance company in writing that you are revoking the designation pursuant to Article 43 of the Family Code, and provide documentation showing that the subsequent marriage has been terminated and that the other spouse acted in bad faith. The insurer will have its own procedures for processing a change of beneficiary. A lawyer can help you prepare the necessary documents and ensure the revocation is properly effected before any claim on the policy is filed.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- V. Maquilan vs. D. Maquilan, G.R. No. 155409, June 8, 2007 — read the decision on LawPhil →
- Lucila David and the Heirs of Rene F. Aguas, namely: Princess Luren D. Aguas, G.R. No. 241036, January 26, 2021 — read the decision on LawPhil →
- Noel Buenaventura vs. Court of Appeals, et al, G.R. No. 127358, March 31, 2005 — read the decision on LawPhil →