In the Philippines the period is two years. It is also called the incontestability period, because once it ends the policy becomes “incontestable”.
How it works in the Philippines
- Two years from issue or reinstatement. To rescind a policy is to cancel it as if it had never been made. Insurance Code Sec. 48 says that once a life policy has been in force during the insured person’s lifetime for two years from the date it was issued, or from its last reinstatement, the insurer can no longer prove the policy void or rescind it for fraudulent concealment or misrepresentation.
- It is written into every policy. Sec. 233(b) requires each individual life or endowment policy to say it becomes incontestable after two years from its date of issue or the approval of its last reinstatement. Group life policies carry a similar two-year rule (Sec. 234(b)).
- What you must tell the insurer. Each side must share, in good faith, the facts it knows that matter to the contract and that the other side has no means of finding out (Sec. 28). Leaving out such a fact is concealment (Sec. 26), and a concealment lets the insurer rescind “whether intentional or unintentional” (Sec. 27). A false statement on a point that matters has the same effect (Sec. 45).
- Reinstating restarts the clock. If a policy lapses and you reinstate it, the two years count again from the reinstatement.
- Two exceptions stay. Even after two years, Sec. 233(b) still allows a contest for unpaid premiums and for breaking the policy’s conditions on military or naval service in time of war.
Worked example
This is a made-up policy, for illustration only. Ben buys a life policy for PHP 1,000,000. On the application he does not mention a heart condition a doctor found the year before.
| Date | What happens | Inside the two years? |
|---|---|---|
| 1 March 2025 | Policy issued | Period starts |
| 1 May 2026, 14 months in | If Ben dies now and the insurer finds the condition | Yes: the insurer may deny the claim and rescind the policy |
| 1 March 2027 | Two years in force during Ben’s lifetime | Period ends |
| 1 September 2027, 30 months in | If Ben dies now | No: the insurer cannot rescind for that concealment |
Scroll the table sideways for more
Inside the period, whether any premiums come back depends on why the claim was refused. Sec. 82 says no premium is returned when a policy is rescinded or a claim is denied by reason of fraud.
If Ben’s policy had lapsed in 2026 and been reinstated on 1 July 2026, a new two-year period would run to 1 July 2028.
Where you meet it
- The incontestability clause in the policy contract, usually under general provisions.
- A claim denial letter that cites concealment or misrepresentation.
- The health and lifestyle questions on an application, and the underwriting that follows them.
Common mistake
The common mistake is leaving a past diagnosis or a hospital stay off the application to keep the premium down, then losing the claim because the insured person died inside the two years. A death inside the period lets the insurer look back at every answer on the application. Nobody knows in advance whether a death will fall inside the two years, so a fact left out is never safe: answer every question fully, and tell the insurer if you remember something you missed.
If a claim is refused and you disagree, the Insurance Commission guide shows how to file a complaint. The critical illness insurance guide covers the questions on health applications. This page explains the rule in general and is not legal advice on any claim.