Law Summary
Creation and Scope of the Philippine Crop Insurance Corporation (PCIC)
- PCIC is established as a body corporate under the Department of Agriculture for budget purposes.
- Insures qualified farmers against losses from natural calamities, plant diseases, and pest infestations.
- Initially covers palay crops, expanding later to other crops and agricultural assets like machinery and infrastructure.
- Insurance covers cost of production inputs, labor (including family and hired workers), and part of expected yield.
- Excludes losses arising from negligence, malfeasance, fraud, or failure to follow farm practices.
Powers and Expansion of PCIC
- PCIC authorized to generate internal funds through bonds, expanding insurance lines and agricultural coverage.
- Empowered to perform acts necessary to achieve its objectives.
Premium Rates and Sharing
- Premium rates and shares among farmers, lending institutions, Government, and others determined by PCIC Board.
- Government subsidies limited to subsistence farmers cultivating up to seven hectares.
- Premium shares for subsistence farmers must be affordable.
- Government covers premium for unforeseen and unavoidable risks only.
- Surplus funds may increase subsidies and insurance benefits.
Government Funding and Support
- Unpaid government premium subsidies from 1981 to Act’s approval scheduled to be paid within 10 years.
- Calamity funds to include a percentage for crop insurance, administered by PCIC.
- 10% of PCSO lotto net earnings earmarked for crop insurance program until government subscription fully paid.
Capitalization and Financial Provisions
- Authorized capital stock set at Php 2 billion: 15 million common shares and 5 million preferred shares.
- Additional Php 1 billion common capital stock to be fully subscribed by Government, with Congress providing at least 50% annually.
- Additional capital stock not to be used to increase PCIC manpower.
State Reserve Fund and Reinsurance
- A Php 500 million State reserve fund created for catastrophic losses exceeding pure risk premiums for small farmers.
- Fund managed by designated government financial institution.
- PCIC authorized to obtain reinsurance to spread risk.
Board of Directors Composition and Appointment
- Board composed of 7 members: President of Land Bank of the Philippines, PCIC President, Executive Director of Agricultural Credit Policy Council, a private insurance representative, and three representatives from subsistence farmers (from Luzon, Visayas, Mindanao).
- Private sector and farmer reps nominated by respective bodies and appointed by the President.
- Board Chairman appointed by President from among members; PCIC President is ex officio vice chairman.
Board Compensation and Expenses
- Members to receive per diem of not less than Php 1,500 per meeting, capped at Php 7,500 monthly.
- Reasonable travel and subsistence expenses for farmer representatives are reimbursable.
Borrowing Power
- PCIC authorized to borrow funds and issue bonds up to five times the value of authorized capital stock to finance vital programs.
Settlement of Claims
- Claims settled by regional managers or delegated officers; controversial claims may be elevated to PCIC President.
- Aggrieved claimants may request reconsideration within 30 days and further appeal to PCIC Board.
- Claims not acted upon within 60 days from complete submission are deemed approved.
No Claim Benefit
- Insured farmers with no claim for three consecutive crop seasons receive a no-claim benefit of at least 10% of their premium shares paid.
- Funds for such benefit deposited in a trust managed by PCIC for possible premium rebate or credit.
Utilization of Profits
- Profits determined on a calendar year basis; distribution manner to be determined by law.
Penal Provisions
- Persons causing payment of spurious claims, including claimants and PCIC personnel, face imprisonment (1-6 years), fines (Php 50,000 to Php 500,000), or both.
- PCIC personnel found guilty are dismissed and forfeit benefits.
Periodic Review and Reporting
- PCIC Board required to review Corporation’s activities and submit a report with recommendations to Congress every two years.
Separability Clause
- Invalidity of any provision does not affect the validity of the remainder of the law.
Repealing Clause
- Provisions inconsistent with this Act, including parts of Presidential Decree No. 1467 as amended, are repealed or modified.
Effectivity
- The Act takes effect 15 days after publication in two newspapers of general circulation.