Title
Issuance of Insurance Commission Rulings
Law
Circular Letter No. 2018-33
Decision Date
Jun 8, 2018
The Insurance Commission establishes a framework for issuing Insurance Commission Rulings to provide guidance on the enforcement of the Amended Insurance Code, Pre-Need Code, and relevant regulations, ensuring efficient regulation of the insurance and pre-need industries.

Title, dates, and effectivity

  • The Circular Letter is titled “ISSUANCE OF INSURANCE COMMISSION RULINGS (ICRa)”.
  • The Circular Letter is adopted on 05 June 2018.
  • The Circular Letter is dated 08 June 2018.
  • The Circular Letter takes effect immediately under Section 4.

Policy purpose and stakeholder guidance

  • The Insurance Commissioner issues Insurance Commission Rulings to secure enforcement of the provisions of the Amended Insurance Code of the Philippines, the Pre-Need Code of the Philippines, and Executive Order No. 192, s. 2015.
  • The Insurance Commissioner issues Insurance Commission Rulings to ensure the efficient regulation of the insurance, pre-need, and health maintenance organization (HMO) industries.
  • Insurance Commission Rulings provide guidance on the consequences of applying the cited Codes and Executive Order to specific situations.

Definition: Insurance Commission Rulings (ICRa)

  • Insurance Commission Rulings (ICRa) are defined as rulings and interpretations by the Commission regarding the cited Codes and Executive Order.
  • ICRa apply the cited Codes and Executive Order to a specific set of facts.
  • ICRa may be issued with or without established precedents.
  • ICRa are issued from time to time to guide stakeholders on the results of applying the cited laws and related instruments in particular situations.

Coverage and relation to industries

  • Insurance Commission Rulings cover interpretations of the Amended Insurance Code of the Philippines, the Pre-Need Code of the Philippines, and Executive Order No. 192, s. 2015.
  • Insurance Commission Rulings also incorporate pertinent circular letters, rules, and regulations as applied to particular factual situations.
  • The framework is directed toward regulation of the insurance, pre-need, and health maintenance organization (HMO) industries.

Distinction from legal opinions and adjudications

  • Insurance Commission Rulings are distinguished from legal opinions issued by the Commission pursuant to Circular Letter No. 2017-13 (d. 7 March 2017).
  • Insurance Commission Rulings are distinguished from decisions or judgments rendered by the Regulation, Enforcement and Prosecution Division (REPD) in connection with administrative cases.
  • Insurance Commission Rulings are distinguished from decisions or judgments rendered by the Claims Adjudication Division (CAD) regarding the adjudication of claims.

Issuance, content, and timing

  • The Commission shall issue Insurance Commission Rulings from time to time under Section 1.
  • Each ICR shall contain the Commission’s ruling and interpretation of relevant provisions of the cited Codes and Executive Order.
  • Each ICR is issued in light of the application of those provisions to a specific set of facts.
  • Each ICR may be issued with or without established precedents and is intended to be issued for stakeholder guidance on consequences in specific situations.

Numbering, recording, and safekeeping

  • The Commission’s Records Division shall devise a system for successively numbering all ICRs issued by the Insurance Commissioner.
  • The Commission’s Records Division shall devise a system for recording, organizing, and safekeeping all ICRs for future reference.

Publication on the Commission website

  • The Information Systems Division and Information Technology Division shall cause the publication of all ICRs issued on the Insurance Commission’s website.

Transitory and effectiveness rule

  • The Circular Letter takes effect immediately under Section 4.

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