QuestionsQuestions (CIRCULAR LETTER NO. 2018-33)
ICRs are rulings and interpretations by the Commission regarding the provisions of the cited Codes and EO and pertinent issuances, applied to a specific set of facts, with or without established precedents, issued to provide guidance on the consequences of applying the law to particular situations.
To provide concerned stakeholders guidance on the consequences of applying the Amended Insurance Code, Pre-Need Code, EO No. 192, s. 2015, and pertinent circulars/rules/regulations in specific situations, and to secure enforcement and efficient regulation of the relevant industries.
The regulation of the insurance, pre-need, and health maintenance organization (HMO) industries (as referenced in the text as “aHMOa” for health maintenance organization).
It means an ICR addresses how the laws and regulations would be interpreted and applied to a particular factual scenario, rather than being purely abstract legal statements.
It distinguishes ICRs from (1) decisions or judgments rendered by the Regulation, Enforcement and Prosecution Division (REPD) in administrative cases, and (2) decisions regarding claim adjudication rendered by the Claims Adjudication Division (CAD).
The Commission’s Records Division must devise a system for successively numbering ICRs and for recording, organizing, and safekeeping them for future reference.
The Information Systems Division and Information Technology Division are tasked to publish all ICRs on the Commission’s website.
The Circular Letter takes effect immediately.
It institutionalizes a mechanism for issuing interpretative guidance so stakeholders can understand how laws and regulations will be applied to particular factual situations, improving compliance and regulatory clarity.
Section 437 of RA 10607, Section 6 of RA 9829, and Section 4 of EO No. 192, s. 2015.
To prevent confusion about the legal nature and function of ICRs versus binding outcomes from adjudication (REPD/CAD) and separate forms of legal opinions.
A stakeholder can ask how the Insurance Code/Pre-Need Code/EO and related regulations would be interpreted and applied to their concrete situation, using the ICR as guidance.