Aquino, J. V. B. (2016). Rules of procedure for small claims cases in the insurance commission (Unpublished master's thesis). Public Management Development Program, Development Academy of the Philippines.

Public Management Development Program Middle Managers Class Batch 10 Thesis (MMC)--Development Academy of the Philippines.

The Insurance Commission (IC) is mandated to regulate and supervise the insurance and pre-need industries in accordance with the provisions of the Insurance Code (RA 10607) and the Pre-Need Code of the Philippines (RA 9829) where it promotes growth and financial stability of insurance companies as well as ensure its solvency; professionalizes insurance services and develops insurance consciousness among the general populace. There is a steady growing number of complaints being files at IC by clients from different sectors of the society who felt that their insurance company did not live up to its part of their agreement. With numerous cases being filed in the Claims Adjudication Division (CAD) with no immediate resolution in sight due in part to the unwillingness of both parties to settle amicably, it has become tedious and wearisome on everyone involved in the arbitration, resulting in the squandering of valuable time and resources, which could have been utilized for other important purposes. Of the 199 cases filed in 2014 and 2015, 156 of them (78%) are small claims cases and there are still 67 total pending cases awaiting resolution, 48 of which are claims amounting to Php200,000.00 and below. About 31% of small claims cases (48 of 156) are still waiting to be resolved. One way of putting an end to this predicament is to formulated a new set of rules of procedure to expedite the resolution of small insurance claims and help lessen the number of future pending cases. Morevover, the complainant and respondent are both given the option to do away with the services of a lawyer to litigate their respective claims by using and submitting pro-forma forms to be provided by the Insurance Commission. Lastly, limiting the number of trial to five (5) hearing days will expedite the disposition of the case as the Insurance Commission shall render its decision within thirty (30) days from the last scheduled hearing based on evidence presented (Insurance Memorandum Circular 2016-01, Sec. 22; Annex 3.1, p.90). The Insurance Commission's version of its Rules of Procedure would similarly cater to those with small claims in order to provide them a speedy and inexpensive litigation procedure while ensuring that such procedure would be simple and easy to understand, that is, not heavily reliant on technicalities. Several steps were undertaken by the Proponent to prepare the upcoming activities and planned out the necessary actions to ensure that the ReP's Implementation Phase will proceed as scheduled and hopefully, without a hitch. With the support of the Insurance Commissioner and the Institutional Partner guaranteed, the Proponent was given enough elow room to do the necessary planning with the Chief of the Claims Adjudication Division (the office that will carry out the ReP once its completed) and organize together the formation of a Project Team that will help formulate the Rules of Procedure. In an attempt to make the Rules of Procedure as effective as it can be, a total of 11 IC lawyers (nine from the Legal Services Group's divisions and one each from Cebu and Davao District Offices) joined forces in this endeavor. They provided the needed support in the Rules' many technical and legal aspects. Initially, there were only five (5) lawyers in the Think Tank when the Office Order from the Commissioner was made (Annex 3.5, p.114); but several more expressed their intention to help out and contribute their talent to the cause. Despite some of the hurdles that the Project Team encountered (scheduling conflicts among members, agency activities and managing a crisis caused by a troubled pre-need company), these events did not become an impediment to improve the contents of the rules of Procedure, thanks in part to open communication and email (Outlook) among member of the Team. The formulation of the IC's Rules of Procedure for Small Claims Cases was a result of months of research complemented with an effective collaboration among passionate and dedicated individuals in the Insurance Commission. It is hoped that the outcome of this Re-entry Project will not only solve the congestion of future pending cases but also minimize and eventually eliminate delays in handing out decisions.