FACTS
Teodoro Cortez, upon the solicitation of Mrs. Siega, applied for a 20-year endowment policy for P30,000, and his application was accepted and approved. Thus, a policy was issued in his name. The effective date indicated on the face of the policy was December 25, 1972. The annual premium was P1,416.60. Mrs. Siega assured him that the first premium may be paid within the grace period of thirty (30) days from date of delivery of the policy. The first premium of P1,416.60 was paid by him in three (3) installments. In a letter date June 1, 1973, insurer advised Teodoro that the policy was not in force, and to make in enforceable and operative, he must remit the balance of P1,015.60 to complete the initial annual premium due December 15, 1972, and to see Dr. Remollo for another full medical examination at his own expense. Teodoro immediately informed the insurer that he was cancelling the policy and demanded the return of his premium plus damages. Insurer ignored the demand. Teodoro filed a complaint for damages praying for the refund, moral damages and atty’s fees. TC granted. CA affirmed