Title
Compulsory Motor Vehicle Liability Insurance Amend
Law
Ic Circular Letter No. 2014-52
Decision Date
Dec 15, 2014
RA No. 10607 amends the Insurance Code to allow insured individuals to choose an insurance policy that covers property damage to third parties or passengers, making it optional rather than mandatory.
A

Legal Requirement for Insurance in Motor Vehicle Operation

  • It is unlawful for any land transportation operator or motor vehicle owner to operate on public highways without a valid insurance policy, cash guaranty, or surety bond.
  • Such insurance or guaranty must indemnify death, bodily injuries, and/or damage to property suffered by third-parties or passengers due to the motor vehicle's use.

Historical Context and Amendments

  • Originally governed by Presidential Decree No. 612, which included coverage for property damage.
  • Presidential Decree No. 1814 removed property damage from the mandatory coverage.
  • Republic Act No. 10607 restored the inclusion of property damage as part of the insurance policy coverage.

Interpretation of the Restored Coverage Under RA No. 10607

  • Section 386(f) defines the insurance policy, specifically including property damage.
  • Section 387 makes it unlawful to operate a vehicle without insurance covering death, bodily injury, and/or property damage.
  • The use of the disjunctive "or" in "and/or damage to property" indicates an alternative or choice regarding coverage.
  • Consequently, property damage coverage is optional, not mandatory, for the policy owner under the compulsory motor vehicle liability insurance framework.

Practical Guidance and Legal Implications

  • The amended provision clarifies insurers may offer optional property damage coverage subject to approved premiums.
  • Motor vehicle operators and owners must at least secure insurance covering death and bodily injuries to comply with the law.
  • Stakeholders, including insurers, vehicle owners, and regulatory bodies, should align with the interpretation that property damage coverage is not compulsory but optional under RA No. 10607.

Penal Provisions and Compliance

  • Operation of motor vehicles on public highways without the required insurance or guaranty is unlawful.
  • Compliance with the Insurance Commission's approved premiums and terms is mandatory for validity.

Legal Interpretative Note

  • The disjunctive usage reflects legislative intent to provide choice rather than impose absolute coverage requirements for property damage.
  • Legal precedent supports interpreting "or" as alternatives, thus allowing optional coverage for property damage under compulsory motor vehicle liability insurance.

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