AMENDING
CERTAIN SECTIONS OF PRESIDENTIAL
DECREE NO. 1460, OTHERWISE KNOWN AS THE INSURANCE CODE.
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WHEREAS,
Presidential
Decree No. 1460, otherwise known as the Insurance Code, was
promulgated
primarily to promote and develop a strong national insurance industry
and
to provide the necessary operating conditions for its integration in
the
economic and social development of the Philippines;
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WHEREAS,
the prevailing economic conditions necessitate the amendment of said
Decree
to ensure the due execution and performance of insurance contracts in
the
interests of the sound development of the national economy;
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WHEREAS,
there is a need to amend the said Decree to further assure reasonable
insurance
services for the protection of the interests of the policy holders and
the public.
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NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue
of the powers vested in me by the Constitution, do hereby decree and
order
the amendment of Presidential Decree No. 1460 otherwise known as the
Insurance
Code, as follows:
Section
1. Section 305, Title I, Chapter
IV, of Presidential Decree No. 1460 otherwise known as the Insurance
Code
is hereby amended to read as follows:
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"Sec.
305. An application for the issuance
or renewal of a license to act as an insurance agent or insurance
broker
may be refused, or such license, if already issued or renewed, shall be
suspended or revoked if the Commissioner finds that the application
for,
or holder of, such license:
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(a) has
willfully violated any provision of this Code; or
(b) has
intentionally made a material misstatement in the application to
qualify
for such license; or
(c) has
obtained or attempted to obtain a license by fraud or
misrepresentation;
or
(d) has
been guilty of fraudulent or dishonest practices; or
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(e) has
misappropriated or converted to his own use or illegally withheld
moneys
required to be held in a fiduciary capacity;
(f) has
not demonstrated trustworthiness and competence to transact business as
an insurance agent or insurance broker in such manner as to safeguard
the
public; or
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(g) has
materially misrepresented the terms and conditions of policies or
contracts
of insurance which he seeks to sell or has sold; or
(h) has
failed to pass the written examination prescribed, if not otherwise
exempt
from taking the same.
In
addition to the foregoing causes, no license to act as insurance agent
or insurance broker shall be renewed if the holder thereof has not been
actively engaged as such agent or broker in accordance with such rules
as the commissioner may prescribe.
Sec.
2. Paragraph (c) of Section 373,
Chapter VI, of Presidential Decree No. 1460, otherwise known as the
Insurance
Code is hereby amended to read as follows:
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"(c) `Third
Party' is any person other than a passenger as defined in this section
and shall also exclude a member of the household, or a member of the
family
within the second degree of consanguinity or affinity, of a motor
vehicle
owner or land transportation operator, as likewise defined herein, or
his
employee in respect of death or bodily injury, arising out of and in
the
course of employment;"
Sec.
3. Paragraph (f) of Section 373
of the same Decree is hereby amended to read as follows:
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"(f) `Insurance
Policy' or `Policy' refers to a contract of insurance against passenger
and third-party liability for death of bodily injuries arising from
motor
vehicle accidents."
Sec.
4. Section 374 of the same Decree
is hereby amended to read as follows:
"Sec.
374. It shall be unlawful for
any land transportation operator or owner of a motor vehicle to operate
the same in the public highways unless there is in force in relation
thereto
a policy of insurance or guaranty in cash or surety bond issued in
accordance
with the provisions of this chapter to indemnify the death or bodily
injury
of a third party or passenger, as the case may be, arising from the use
thereof."
Sec.
5. Section 377 of the same Decree
is hereby amended to read as follows:
"Sec.
377. Every land transportation
operator and every owner of a motor vehicle shall, before applying for
the registration or renewal of registration of any motor vehicle, at
his
option, either secure an insurance policy or surety bond issued by an
insurance
company authorized by the Commissioner or make a cash deposit in such
amount
as herein required as limit of liability for purposes specified in
section
three hundred seventy-four.
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"(1) In
the case of a land transportation operator the insurance or guaranty in
cash or surety bond shall cover liability for death or bodily injuries
of third parties and/or passengers arising out of the use of such
vehicle
in the amount not less than twelve thousand pesos per passenger or
third-party
and an amount for each of such categories, in any one accident, of not
less than that set forth in the following scale:
(a) Motor
vehicles with an authorized capacity of twenty-six or more passengers:
fifty thousand pesos;
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(b) Motor
vehicles with an authorized capacity of from twelve to twenty-five
passengers:
forty thousand pesos;
(c) Motor
vehicles with an authorized capacity of from six to eleven passengers:
thirty thousand pesos;
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(d) Motor
vehicles with an authorized capacity of five or less passengers: five
thousand
pesos multiplied by the authorized capacity.
"Provided,
however, That such cash deposit made to, or surety bond posted with,
the
Commissioner shall be resorted to by him in cases of accidents the
indemnities
for which to third-parties and/or passengers are not settled
accordingly
by the land transportation operator and, in that event, the said cash
deposit
shall be replenished or such surety bond shall be restored within sixty
days after impairment or expiry as the case may be, by such land
transportation
operator, otherwise, he shall secure the insurance policy required by
this
chapter. The aforesaid cash deposit may be invested by the Commissioner
in readily marketable government bonds and/or securities.
"(2) In
the case of an owner of a motor vehicle, the insurance or guaranty in
cash
or surety bond shall cover liability for death or injury to
third-parties
in an amount not less than that set forth in the following scale in any
one accident:chanroblesvirtuallawlibrary
I. Private
Cars
(a) Bantam:
Twenty Thousand Pesos;
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(b) Light:
Twenty Thousand Pesos;
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(c) Heavy:
Thirty Thousand Pesos;
II. Other
Private Vehicles
(a) Tricycles,
motorcycles, and scooters: twelve thousand pesos;
(b) Vehicles
with an unladen weight of 2,600 kilos or less: twenty thousand
pesos;
(c) Vehicles
with an unladen weight of between 2,601 kilos and 3,930 kilos: thirty
thousand
pesos;
(d) Vehicles
with an unladen weight over 3,930 kilos: fifty thousand pesos.
"The
Commissioner may, if warranted, set forth schedule of indemnities for
the
payment of claims for death or bodily injuries with the coverages set
forth
herein."
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Sec.
6. Section 379 of the same Decree
is hereby amended to read as follows:
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"Sec.
379. No land transportation operator
or owner of motor vehicle shall be unreasonably denied the policy of
insurance
or surety bond required by this chapter the insurance companies
authorized
to issue the same, otherwise, the Land Transportation Commission shall
require from said land transportation operator or owner of the vehicle,
in lieu of a policy of insurance or surety bond, a certificate that a
cash
deposit has been made with the Commissioner in such amount required as
limits of indemnity in section three hundred seventy-seven to answer
for
the passenger and/or third-party liability of such land transportation
operator or owner of the vehicle.
"No
insurance company may issue the policy of insurance or surety bond
required
under this chapter unless so authorized under existing laws.
"The
authority to engage in the casualty and/or surety lines of business of
an insurance company that refuses to issue or renew, without just
cause,
the insurance policy or surety bond therein required shall be withdrawn
immediately."
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Sec.
7. Section 348 of the same Decree
is hereby amended to read as follows:
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"Sec.
384. Any person having any claim
upon the policy issued pursuant to this chapter shall, without any
unnecessary
delay, present to the insurance company concerned a written notice of
claim
setting forth the nature, extent and duration of the injuries sustained
as certified by a duly licensed physician. Notice of claim must be
filed
within six months from date of the accident, otherwise, the claim shall
be deemed waived. Action or suit for recovery of damage due to injury
must
be brought with the Commissioner or the Courts within one year from
date
of accident, otherwise, the claimant's right of action shall prescribe.
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Sec.
8. All laws, decrees, rules and
regulations which are inconsistent herewith are hereby repealed or
modified
accordingly.
Sec.
9. This Decree shall take effect
immediately.
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Done
in the City of Manila, this 16th day of January, in the year of Our
Lord,
nineteen hundred and eighty-one.
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