Insurance Code Chapter VIII

CHAPTER VIII — THE INSURANCE COMMISSIONER

Title I ADMINISTRATIVE AND ADJUDICATORY POWERS

SECTION 414. The Insurance Commissioner shall have the duty to see that all laws relating to insurance, insurance companies & other insurance matters, mutual benefit associations, & trusts for charitable uses are faithfully executed & to perform the duties imposed upon him by this Code, & shall, notwithstanding any existing laws to the contrary, have sole & exclusive authority to regulate the issuance & sale of variable contracts as defined in section two hundred thirty‑two & to provide for the licensing of persons selling such contracts, & to issue such reasonable rules & regulations governing the same.

The Commissioner may issue such ruling, instructions, circulars, orders & decision as he may deem necessary to secure the enforcement of the provisions of this Code, subject to the approval of the Secretary of Finance. Except as otherwise specified, decisions made by the Commissioner shall be appealable to the Secretary of Finance.

SECTION 415. In addition to the administrative sanctions provided elsewhere in this Code, the Insurance Commissioner is hereby authorized, at his discretion, to impose upon the insurance companies, their directors &/or officers &/or agents, for any willful failure or refusal to comply w/, or violation of any provision of this Code, or any order, instruction, regulation, or ruling of the Insurance Commissioner, or any commission or irregularities, &/or conducting business in an unsafe or unsound manner as may be determined by the Insurance Commissioner, the following:

(a) fines not in excess of five hundred pesos a day; &

(b) suspension, or after due hearing, removal of directors &/or officers &/or agents.

SECTION 416. The Commissioner shall have the power to adjudicate claims & complaints involving any loss, damage or liability for w/c in insurer may be answerable under any kind of policy or contract of insurance, or for w/c such insurer may be liable under a contract of suretyship, or for w/c a reinsurer may be sued under any contract of reinsurance it may have entered into; or for w/c a mutual benefit association may be held liable under the membership certificates it has issued to its members, where the amount of any such loss, damage or liability, excluding interest, cost & attorney’s fees, being claimed or sued upon any kind of insurance, bond, reinsurance contract, or membership certificate does not exceed in any single claim one hundred thousand pesos.

The insurer or surety may, in the same action file a counterclaim against the insured or the obligee.

The insurer or surety may also file a cross‑claim against a party for any claim arising out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim therein. cdasia

With leave of the Commissioner, an insurer or surety may file a third‑party complaint against its reinsurers for indemnification, contribution, subrogation or any other relief, in respect of the transaction that is the subject matter of the original action filed w/ the Commissioner.

The party filing an action pursuant to the provisions of this section thereby submits his person to the jurisdiction of the Commissioner. The Commissioner shall acquire jurisdiction over the person of the impleaded party or parties in accordance w/ & pursuant to the provisions of the Rules of Court.

The authority to adjudicate granted to the Commissioner under this section shall be concurrent w/ that of the civil courts, but the filing of a complaint w/ the Commissioner shall preclude the civil courts fr. taking cognizance of a suit involving the same subject matter.

Any decision, order or ruling rendered by the Commissioner after a hearing shall have the force & effect of a judgment. Any party may appeal fr. a final order, ruling or decision of the Commissioner by filing w/ the Commissioner within thirty days fr. receipt of copy of such order, ruling or decision a notice of appeal to the Intermediate Appellate Court in the manner provided for in the Rules of Court for appeals fr. the Regional Trial Court to the Intermediate Appellate Court. (As amended by Batasang Pambansa Blg. 874)

As soon as a decision, order or ruling has become final & executory, the Commissioner shall motu propio or on motion of the interested party, issue a writ of execution required the sheriff or the proper officer to whom it is directed to execute said decision, order or award, pursuant to Rule thirty‑nine of the Rules of Court.

For the purpose of any proceeding under this section, the Commissioner, or any officer thereof designated by him, empowered to administer oaths & affirmation, subpoena witnesses, compel their attendance, take evidence, & require the production of any books, papers, documents, or contracts or other records w/c are relevant or material to the inquiry. In case of contumacy by, or refusal to obey a subpoena issued to any person, the Commissioner may invoke the aid of any court of first instance within the jurisdiction of w/c such proceeding is carried on, where such person resides or carries on his own business, in requiring the attendance & testimony of witnesses & the production of books, papers, documents, contracts or other records. And such court may issue an order requiring such person to appear before the Commissioner, or officer designated by the Commissioner, there to produce records, if so ordered or to give testimony touching the matter in question. Any failure to obey such order of the court may be published by such court as a contempt thereof.

A full & complete record shall be kept of all proceedings had before the commissioner, or the officers thereof designated by him, & all testimony shall be taken down & transcribed by a stenographer appointed by the Commissioner.

A transcribed copy of the evidence & proceeding, or any specific part thereof, of any hearing taken by a stenographer appointed by the Commissioner, being certified by such stenographer to be a true & correct transcript of the testimony on this hearing of a particular witness, or of a specific proof thereof, carefully compared by him fr. his original notes, & to be a correct statement of evidence & proceeding had in such hearing so purporting to be taken & subscribed, may be received as evidence by the Commissioner & by any court w/ the same effect as if such stenographer were present & testified to the facts so certified. (As amended by Presidential Decree No. 1455)

Title II FEES AND OTHER SOURCES OF FUNDS

SECTION 417.

(1) For the issuance or renewal of certificates of authority, licenses & certificates of registration, pursuant to pertinent provisions of this Code, the Commissioner shall collect & receive fees w/c shall be not less than the following:

v For each certificate of authority issued to an insurance company doing business in the Philippines, two hundred pesos.

v For each special certificate of authority issued to a servicing insurance company, one hundred pesos.

v For each license issued to a general agent of an insurance company, fifty pesos.

v For each license issued to an insurance agent, twenty‑five pesos.

v For each license issued to an agent of variable contract policy, twenty‑five pesos.

v For each license issued to an insurance broker, one hundred pesos.

v For each license issued to an reinsurance broker, one hundred pesos.

v For each license issued to an insurance adjuster, one hundred pesos.

v For each certificate of registration issued to an actuary, fifty pesos.

v For each certificate of registration issued to a resident agent, fifty pesos.

v For each license issued to a rating organization, one hundred pesos.

v For each certificate of registration issued to a non‑life company underwriter, fifty pesos.

v For each license issued to a mutual benefit association, ten pesos.

v For each certificate of registration issued to a trust for charitable uses, ten pesos.

All certificates of authority & all other licenses, as well as all certificates of registration, issued to any person, partnership, association or corporation under the pertinent provisions of this Code for w/c no expiration date has been prescribed, shall expire on the last day of June of each year & shall be renewed annually upon application therefor & payment of the corresponding fee, if the licensee or holder of such license or certificate is continuing to comply w/ all the applicable provisions of existing laws, & of rules, instructions, orders & decisions of the Commissioner.

(2) For the filing of the annual statement referred to in section two hundred twenty‑three, the Commissioner shall collect & receive fr. the insurance company so filing a fee of five hundred pesos; Provided, That a fine of one hundred pesos shall be imposed & collected by the Commissioner for each week of delay, or any fraction thereof, in the filing of the annual statement.

For the filing of annual statement referred to in section four hundred, the Commissioner shall collect & receive fr. the mutual benefit association so filing a fee of ten pesos; Provided, That a fine of ten pesos shall be imposed & collected by the Commissioner for each week of delay, or any fraction thereof, in the filing of the annual statement.

(3) For the examination prescribed in section two hundred forty‑six, the Commissioner shall collect & receive fees according to the amount of its total assets, in the case of a domestic company, or of its assets in the Philippines, in the case of a foreign company, as follows:

(a) Two million pesos or more but less than four million pesos, Four hundred pesos;

(b) Four million pesos or more but less than six million pesos, Eight hundred pesos;

(c) Six million pesos or more but less than eight million pesos, One thousand two hundred pesos;

(d) Eight million pesos or more but less than ten million pesos, One thousand six hundred pesos;

(e) Ten million pesos or more, Two thousand pesos;

Provided, That if the said examination is made in places outside the Metropolitan Manila area, besides these fees, the Commissioner shall require of the company examined the payment of the actual & necessary travelling & subsistence expenses of the examiner or examiners concerned.

For the examination prescribed in section three hundred ninety‑nine, the Commissioner shall collect & receive a minimum fee of one hundred pesos fr. the mutual benefit association examined; Provided, That if such association has total assets of more than one hundred thousand pesos, an additional fee of ten pesos for every fifty thousand pesos in excess thereof shall be imposed; Provided, Further, That such fee shall not exceed two thousand pesos.

(4) For the filing of an application to withdraw fr. the Philippines under title eighteen, the Commissioner shall collect & receive fr. the foreign company so withdrawing a fee of one thousand pesos.

(5) The Commissioner may fix & collect fees or charges for documents, transcripts, or other materials w/c may be furnished by him not in excess of reasonable cost. (As amended by Presidential Decree No. 1455)

SECTION 418. If the total expenses of the Insurance Commissioner for every fiscal year exceed the aggregate amount of the fees collected under the pertinent provisions of this Code, the excess shall be charged against the Insurance Fund, w/c shall hereafter be created out of the proceeds of taxes on insurance premiums mentioned in section two hundred fifty‑five of the National Internal Revenue Code, as amended; Provided, however, That pending the creation of said Insurance Fund, the provisions of section two, three & four of Republic Act Numbered Two Hundred Seventy‑Five, shall continue to remain in force & effect.

MISCELLANEOUS PROVISIONS

SECTION 419. Any person, company or corporation subject to the supervision & control of the Commissioner who violates any provision of this Code, for w/c no penalty is provided, shall be deemed guilty of a penal offense, & upon conviction be punished by a fine not exceeding ten thousand pesos or imprisonment of six months, or both, at the discretion of the court.

If the offense is committed by a company or corporation, the officers, directors, or other persons responsible for its operation, management, or administration, unless it can be proved that they have taken no part in the commission of the offense, shall likewise be guilty of a penal offense, & upon conviction be punished by a fine not exceeding ten thousand pesos or imprisonment of six months, or both, at the discretion of the court.

SECTION 420. All criminal actions for the violation of any of the provisions of this Code shall prescribed after three years fr. the discovery of such violation: Provided, That such actions shall in any event prescribe after ten years fr. the commission of such violation.

SECTION 421. Any person, partnership, association or corporation heretofore authorized, licensed or registered by the Insurance Commissioner shall be deemed to have been authorized, licensed or registered under the provisions of this Code & shall be governed by the provisions thereof: Provided, however, That where any such person, partnership, association or corporation is affected by the new requirements of this Code, said person, partnership association or corporation shall, unless otherwise herein provided, be given a period of one year fr. the effectivity of this Code within w/c to comply w/ the same.

SECTION 422. Except as expressly provided by this Code, all laws or parts thereof inconsistent w/ any provision of this Code shall be deemed repealed.

SECTION 423. Should any provisions of this Code or any part thereof be declared invalid, the other provisions, so far as they are separable fr. the invalid ones, shall remain in force.

SECTION 424. This Code shall take effect immediately.