OTHERWISE KNOWN AS “THE INSURANCE CODE”, AS AMENDED BY PRESIDENTIAL DECREE NOS. 1141, 1280, 1455, 1460, 1814 AND 1981, AND BATAS PAMBANSA BLG. 874, AND FOR OTHER PURPOSES Sec. 3 Any contingent Section 3. Any or unknown event, contingent or unknown whether past or future, event, whether past or which may damnify a future, which may person having an damnify a person insurable interest, or having an insurable create a liability against interest, or create a him, may be insured liability against him, against, subject to the may be insured against, provisions of this subject to the chapter. provisions of this chapter. The consent of the The consent of the husband is not spouse is not necessary for the necessary for the validity of an validity of an insurance policy insurance policy taken out by a taken out by a married woman on married person on her life or that of his or her life or that her children of his or her children. All rights, title and All rights, title and interest in the policy interest in the policy of insurance taken of insurance taken out by an original out by an original owner on the life or owner on the life or health of a minor health of the person shall automatically insured shall vest in the minor automatically vest in upon the death of the the latter upon the original owner, death of the original unless otherwise owner, unless provided for in the otherwise provided policy. for in the policy. Title 2 Parties to the Contract Section 6. Every SEC. 6. Every person, partnership, corporation, association, or partnership, or corporation duly association, duly authorized to authorized to transact insurance transact insurance business as business as elsewhere provided elsewhere provided in this code, may be in this Code, may be an insurer. an insurer. Title 3 Insurable Interest Section 11. The insured shall SEC. 11. The insured shall have have the right to change the the right to change the beneficiary he designated in the beneficiary he designated in the policy, unless he has expressly policy, unless he has expressly waived this right in said policy. waived this right in said policy. Notwithstanding the foregoing, in the event the insured does not change the beneficiary during his lifetime, the designation shall be deemed irrevocable. Section 12. The interest of SEC. 12. The interest of a a beneficiary in a life beneficiary in a life insurance policy shall be insurance policy shall be forfeited when the forfeited when the beneficiary is the beneficiary is the principal, accomplice, or principal, accomplice, or accessory in willfully accessory in willfully bringing about the death bringing about the death of the insured; in which of the insured. In such a event, the nearest relative case, the share forfeited of the insured shall shall pass on to the other receive the proceeds of beneficiaries, unless said insurance if not otherwise disqualified. In otherwise disqualified. the absence of other beneficiaries, the proceeds shall be paid in accordance with the policy contract. If the policy contract is silent, the proceeds shall be paid to the estate of the insured. Title 6 The Policy SEC. 50. The policy shall be in printed form which may contain blank spaces; and any word, phrase, clause, mark, sign, symbol, signature, number, or word necessary to complete the contract of insurance shall be written on the blank spaces provided therein. Any rider, clause, warranty or endorsement purporting to be part of the contract of insurance and which is pasted or attached to said policy is not binding on the insured, unless the descriptive title or name of the rider, clause, warranty or endorsement is also mentioned and written on the blank spaces provided in the policy. Unless applied for by the insured or owner, any rider, clause, warranty or endorsement issued after the original policy shall be countersigned by the insured or owner, which countersignature shall be taken as his agreement to the contents of such rider, clause, warranty or endorsement. Notwithstanding the foregoing, the policy may be in electronic form subject to the pertinent provisions of Republic Act No. 8792, otherwise known as the ‘Electronic Commerce Act’ and to such rules and regulations as may be prescribed by the Commissioner. Group insurance and group annuity policies, however, may be typewritten and need not be in printed form. Section 60. An open SEC. 60. An open policy is one in which policy is one in which the value of the thing the value of the thing insured is not agreed insured is not agreed upon, but is left to be upon, and the amount ascertained in case of of the insurance loss. merely represents the insurer’s maximum liability. The value of such thing insured shall be ascertained at the time of the loss. SEC. 64. No policy of insurance other than life shall be cancelled by the insurer except upon prior notice thereof to the insured, and no notice of cancellation shall be effective unless it is based on the occurrence, after the effective date of the policy, of one or more of the following: “(a) Nonpayment of premium; “(b) Conviction of a crime arising out of acts increasing the hazard insured against; “(c) Discovery of fraud or material misrepresentation; “(d) Discovery of willful or reckless acts or omissions increasing the hazard insured against; (e) Physical changes in the property insured which result in the property becoming uninsurable; ADDED: (f) Discovery of other insurance coverage that makes the total insurance in excess of the value of the property insured; or (g) A determination by the Commissioner that the continuation of the policy would violate or would place the insurer in violation of this Code. Section 65. All notices of SEC. 65. All notices of cancellation mentioned in the cancellation mentioned in the preceding section shall be in preceding section shall be in writing, mailed or delivered to writing, mailed or delivered to the named insured at the the named insured at the address shown in the policy, or address shown in the policy, to his broker provided the and shall state (a) which of the broker is authorized in writing grounds set forth in section by the policy owner to receive sixty-four is relied upon and (b) the notice of cancellation on his that, upon written request of the behalf, and shall state: named insured, the insurer will “(a) Which of the grounds set furnish the facts on which the forth in Section 64 is relied cancellation is based. upon; and “(b) That, upon written request of the named insured, the insurer will furnish the facts on which the cancellation is based. Title 8 Premium Section 77. An insurer is entitled to SEC. 77. An insurer is entitled to payment payment of the premium as soon as the of the premium as soon as the thing thing insured is exposed to the peril insured is exposed to the peril insured insured against. Notwithstanding any against. Notwithstanding any agreement agreement to the contrary, no policy or to the contrary, no policy or contract of contract of insurance issued by an insurance issued by an insurance insurance company is valid and binding company is valid and binding unless and unless and until the premium thereof has until the premium thereof has been paid, been paid, except in the case of a life or except in the case of a life or an industrial an industrial life policy whenever the life policy whenever the grace period grace period provision applies. provision applies, or whenever under the broker and agency agreements with duly licensed intermediaries, a ninety (90)-day credit extension is given. No credit extension to a duly licensed intermediary should exceed ninety (90) days from date of issuance of the policy. NEW SEC. 78. Employees of the Republic of the Philippines, including its political subdivisions and instrumentalities, and government-owned or - controlled corporations, may pay their insurance premiums and loan obligations through salary deduction: Provided, That the treasurer, cashier, paymaster or official of the entity employing the government employee is authorized, notwithstanding the provisions of any existing law, rules and regulations to the contrary, to make deductions from the salary, wage or income of the latter pursuant to the agreement between the insurer and the government employee and to remit such deductions to the insurer concerned, and collect such reasonable fee for its services. Section 81. A person insured is SEC. 82. A person insured is entitled to return of the premium entitled to a return of the when the contract is voidable, on premium when the contract is account of fraud or voidable, and subsequently annulled under the provisions of misrepresentation of the insurer, the Civil Code; or on account of or of his agent, or on account of the fraud or misrepresentation of facts, the existence of which the the insurer, or of his agent, or on insured was ignorant without his account of facts, or the existence fault; or when by any default of of which the insured was the insured other than actual ignorant of without his fault; or fraud, the insurer never incurred when by any default of the any liability under the policy. insured other than actual fraud, the insurer never incurred any liability under the policy. A person insured is not entitled to a return of premium if the policy is annulled, rescinded or if a claim is denied by reason of fraud. Section 82. In case of an over- SEC. 83. In case of an over insurance insurance by several insurers, the by several insurers other than life, insured is entitled to a ratable return the insured is entitled to a ratable of the premium, proportioned to the return of the premium, proportioned amount by which the aggregate sum to the amount by which the insured in all the policies exceeds aggregate sum insured in all the the insurable value of the thing at policies exceeds the insurable value risk. of the thing at risk. NEW
SEC. 84. An insurer may contract
and accept payments, in addition to regular premium, for the purpose of paying future premiums on the policy or to increase the benefits thereof. Title 10 Notice of Loss Section 88. In case of loss SEC. 90. In case of loss upon upon an insurance against an insurance against fire, an fire, an insurer is exonerated, insurer is exonerated, if if written notice thereof be not written notice thereof be not given to him by an insured, or given to him by an insured, or some person entitled to the some person entitled to the benefit of the insurance, benefit of the insurance, without unnecessary delay. without unnecessary delay. For other non-life insurance, the Commissioner may specify the period for the submission of the notice of loss. Title 5 Life Insurance Section 179. Life insurance SEC. 181. Life insurance is is insurance on human lives insurance on human lives and insurance appertaining and insurance appertaining thereto or connected thereto or connected therewith. therewith. “Every contract or undertaking for the payment of annuities including contracts for the payment of lump sums under a retirement program where a life insurance company manages or acts as a trustee for such retirement program shall be considered a life insurance contract for purposes of this Code. NEW SEC. 180. An insurance upon life SEC. 182. An insurance upon life may be made payable on the death may be made payable on the death of the person, or on his surviving a specified period, or otherwise of the person, or on his surviving a contingently on the continuance or specified period, or otherwise cessation of life. contingently on the continuance or “Every contract or pledge for the cessation of life. payment of endowments or annuities shall be considered a life insurance “Every contract or pledge for the contract for purposes of this Code. payment of endowments or annuities “In the absence of a judicial shall be considered a life insurance guardian, the father, or in the latter’s contract for purposes of this Code. absence or incapacity, the mother, of any minor, who is an insured or a “In the absence of a judicial beneficiary under a contract of life, guardian, the father, or in the latter’s health, or accident insurance, may absence or incapacity, the mother, of exercise, in behalf of said minor, any any minor, who is an insured or a right under the policy, without necessity of court authority beneficiary under a contract of life, health, or accident insurance, may exercise, in behalf of said minor, any right under the policy, without necessity of court authority or the giving of a bond, where the or the giving of a bond, where the interest of the minor in the particular interest of the minor in the particular act involved does not exceed twenty act involved does not exceed Five thousand pesos. Such right may hundred thousand pesos include, but shall not be limited to, (P500,000.00) or in such reasonable obtaining a policy loan, surrendering amount as may be determined by the the policy, receiving the proceeds of Commissioner. Such right may the Policy, and giving the minor’s include, but shall not be limited to, consent to any transaction on the obtaining a policy loan, surrendering policy the policy, receiving the proceeds of the Policy, and giving the minor’s consent to any transaction on the policy. In the absence or in case of the incapacity of the father or mother, the grandparent, the eldest brother or sister at least eighteen (18) years of age, or any relative who has actual custody of the minor insured or beneficiary, shall act as a guardian without need of a court order or judicial appointment as such guardian, as long as such person is not otherwise disqualified or incapacitated. Payment made by the insurer pursuant to this section shall relieve such insurer of any liability under the contract. NEW SEC. 183. The insurer in a life insurance contract shall be liable in case of suicide only when it is committed after the policy has been in force for a period of two (2) years from the date of its issue or of its last reinstatement, unless the policy provides a shorter period: Provided, however, That suicide committed in the state of insanity shall be compensable regardless of the date of commission. NEW Title 6 MicroInsurance SEC. 187. Microinsurance is a financial product or service that meets the risk protection needs of the poor where: (a) The amount of contributions, premiums, fees or charges, computed on a daily basis, does not exceed seven and a half percent (7.5%) of the current daily minimum wage rate for nonagricultural workers in Metro Manila; and (b) The maximum sum of guaranteed benefits is not more than one thousand (1,000) times of the current daily minimum wage rate for nonagricultural workers in Metro Manila. “SEC. 188. No insurance company or mutual benefit association shall engage in the business of microinsurance unless it possesses all the requirements as may be prescribed by the Commissioner. The Commissioner shall issue such rules and regulations governing microinsurance. Chapter II-A Financial Reporting Framework SEC. 189. All companies regulated by the Commission, unless otherwise required by law, should comply with the financial reporting frameworks adopted by the Commission for purposes of creating the statutory financial reports and the annual statements to be submitted to the Commission. Financial reporting framework means a set of accounting and reporting principles, standards, interpretations and pronouncements that must be adopted in the preparation and submission of the statutory financial statements and reports required by the Commission. This financial reporting framework is not the same as the financial reporting framework used to prepare the financial statements that the Securities and Exchange Commission may require. The main purpose of the statutory statements is to present important information about the level of risk and solvency situation of insurers. In prescribing the applicable statutory financial reporting framework, the Commissioner shall take into account international standards concerning solvency and insurance company reporting as well as generally accepted actuarial principles concerning financial reporting promulgated by the Actuarial Society of the Philippines. The assets and investments discussed in Sections 204 to 215 shall be accounted for in accordance with this section. The valuation of reserves shall be accounted for in accordance with Title 5 of this Code. Title 1 Insurance Companies, Organization, Capitalization and Authorization
Section 185. Corporations formed or SEC. 191. The provisions of the
organized to save any person or Corporation Code, as amended, shall persons or other corporations harmless from loss, damage, or apply to all insurance corporations liability arising from any unknown or now or hereafter engaged in future or contingent event, or to business in the Philippines insofar indemnify or to compensate any as they do not conflict with the person or persons or other corporations for any such loss, provisions of this chapter. damage, or liability, or to guarantee the performance of or compliance with contractual obligations or the payment of debt of others shall be known as "insurance corporations". The provisions of the Corporation Law shall apply to all insurance corporations now or hereafter engaged in business in the Philippines insofar as they do not conflict with the provisions of this chapter. Section 186. No person, SEC. 192. No corporation, partnership, or association of partnership, or association of persons shall transact any persons shall transact any insurance business in the insurance business in the Philippines except as agent of a Philippines except as agent of a person or corporation authorized corporation, partnership or to do the business of insurance association authorized to do the in the Philippines, unless business of insurance in the possessed of the capital and Philippines, unless possessed of assets required of an insurance the capital and assets required of corporation doing the same kind an insurance corporation doing of business in the Philippines the same kind of business in the and invested in the same Philippines and invested in the manner; nor unless the same manner; unless the Commissioner shall have Commissioner shall have granted to him or them a granted it a certificate to the certificate to the effect that he or effect that it has complied with they have complied with all the all the provisions of this Code. provisions of law which an insurance corporation doing business in the Philippines is required to observe. Every person, partnership, or Every entity receiving any association receiving any such certificate of authority such certificate of authority shall be subject to the shall be subject to the insurance and other insurance laws of the applicable laws of the Philippines and to the Philippines and to the jurisdiction and supervision jurisdiction and supervision of the Commissioner in the of the Commissioner. same manner as if an insurance corporation authorized by the laws of the Philippines to engage in the business of insurance specified in the certificate. Section 187. No insurance SEC. 193. No insurance company company shall transact any shall transact any insurance insurance business in the business in the Philippines until Philippines until after it shall after it shall have obtained a have obtained a certificate of certificate of authority for that authority for that purpose from purpose from the Commissioner the Commissioner upon upon application therefor and application therefor and payment payment by the company by the company concerned of concerned of the fees hereinafter the fees hereinafter prescribed. prescribed. The Commissioner may refuse to issue a The Commissioner may refuse to issue a certificate of authority to any insurance certificate of authority to any insurance company if, in his judgment, such refusal company if, in his judgment, such refusal will best promote the interest of the will best promote the interest of the people of this country. No such certificate people of this country. No such certificate of authority shall be granted to any such of authority shall be granted to any such company until the Commissioner shall company until the Commissioner shall have satisfied himself by such have satisfied himself by such examination as he may make and such examination as he may make and such evidence as he may require that such evidence as he may require that such company is qualified by the laws of the company is qualified by the laws of the Philippines to transact business therein, Philippines to transact business therein, that the grant of such authority appears that the grant of such authority appears to be justified in the light of economic to be justified in the light of local requirements, and that the direction and economic requirements, and that the administration, as well as the integrity direction and administration, as well as and responsibility of the organizers and the integrity and responsibility of the administrators, the financial organization organizers and administrators, the and the amount of capital, financial organization and the amount of notwithstanding the provisions of section capital, reasonably assure the safety of one hundred eighty-eight, reasonably the interests of the policyholders and the assure the safety of the interests of the public. policyholders and the public. In order to maintain the quality of the In order to maintain the quality of the management of the insurance management of the insurance companies companies and afford better and afford better protection to protection to policyholders and the policyholders and the public in general, public in general, any person of good any person of good moral character, moral character, unquestioned unquestioned integrity and recognized integrity and recognized competence competence may be elected or appointed may be elected or appointed director director or officer of insurance companies or officer of insurance companies. in accordance with the pertinent The Commissioner shall prescribe the provisions contained in the corporate qualifications of the executive officers governance circulars prescribed by the and other key officials of insurance Commissioner. In addition hereto, the companies for purposes of this Commissioner shall prescribe the section. qualifications of directors, executive No person shall concurrently be a officers and other key officials of director and/or officer of an insurance insurance companies for purposes of this company and an adjustment section. company. “No person shall concurrently be a Incumbent directors and/or officers Director and/or Officer of an insurance affected by the above provisions are company and an adjustment company. hereby allowed to hold on to their positions until the end of their terms or two years from the effectivity of this decree, whichever is shorter. Before issuing such certificate of “Before issuing such certificate authority, the Commissioner of authority, the Commissioner must be satisfied that the name must be satisfied that the name of the company is not that of any of the company is not that of any other known company other known company transacting a similar business in transacting a similar business in the Philippines, or a name so the Philippines, or a name so similar as to be calculated to similar as to be calculated to mislead the public. mislead the public. The Commissioner may issue rules and regulations on the use of names of insurance companies and other supervised persons or entities. Such certificate of authority The certificate of authority shall expire on the last day of issued by the Commissioner shall expire on the last day of June of each year and shall be December, three (3) years renewed annually if the following its date of issuance, company is continuing to and shall be renewable every comply with the provisions of three (3) years thereafter, subject to the company’s this Code or the circulars, continuing compliance with instructions, rulings or the provisions of this Code, decisions of the circulars, instructions, rulings Commissioner. Every or decisions of the Commission. company receiving any such Every company receiving any certificates of authority shall such certificates of authority be subject to the provisions of shall be subject to the this Code and other related provisions of this Code and other related laws and to the laws and to the jurisdiction jurisdiction and supervision of and supervision of the the Commissioner. Commissioner. No insurance company may be Every company receiving any authorized to transact in the such certificates of authority shall be subject to the provisions Philippines the business of life of this Code and other related and non-life insurance laws and to the jurisdiction and concurrently unless specifically supervision of the authorized to do so; Provided, Commissioner. That the terms "life" and "non- No insurance company may be life" insurance shall be deemed authorized to transact in the to include health, accident and Philippines the business of life disability insurance. and non-life insurance concurrently, unless specifically authorized to do so by the No insurance company shall Commissioner: Provided, That have equity in an adjustment the terms life and non-life company and neither shall an insurance shall be deemed to include health, accident and adjustment company have an disability insurance. equity in an insurance company. No insurance company shall have equity in an adjustment company and neither shall an adjustment company have equity in an insurance company. Insurance companies and adjustment “No insurance company issued with a companies presently affected by the valid certificate of authority to above provision shall have two years transact insurance business from the effectivity of this Decree anywhere in the Philippines by the within which to divest of their Insurance Commissioner, shall be stockholdings. (As amended by barred, prevented, or disenfranchised Presidential Decree No. 1455). from issuing any insurance policy or from transacting any insurance business within the scope or coverage of its certificate of authority, anywhere in the Philippines, by any local government unit or authority, for whatever guise or reason whatsoever, including under any kind of ordinance, accreditation system, or scheme. Any local ordinance or local government unit regulatory issuance imposing such restriction or disenfranchisement on any insurance company shall be deemed null and void ab initio. Section 188. Except as provided in section SEC. 194. Except as provided in Section two hundred eighty-one, no domestic 289, no new domestic life or non-life insurance company shall, in a stock insurance company shall, in a stock corporation, engage in business in the corporation, engage in business in the Philippines unless possessed of a paid-up Philippines unless possessed of a paid-up capital stock equal to at least five million capital equal to at least One billion pesos pesos; Provided, That a domestic (P1,000,000,000.00): Provided, That a insurance company already doing business domestic insurance company already doing in the Philippines with a paid-up capital business in the Philippines shall have a net stock which is less than five million pesos worth by June 30, 2013 of Two hundred fifty shall have a paid-up capital stock of at least million pesos (P250,000,000.00). three million pesos by December thirty-one, Furthermore, said company must have by nineteen hundred seventy-eight, four December 31, 2016, an additional Three million pesos by December thirty-one, hundred million pesos (P300,000,000.00) in nineteen hundred seventy-nine and five net worth; by December 31, 2019, an million pesos by December thirty-one, additional Three hundred fifty million pesos nineteen hundred eighty; Provided, further, (P350,000,000.00) in net worth; and by that the Secretary of Finance may, upon December 31, 2022, an additional Four recommendation of the Insurance hundred million pesos (P400,000,000.00) in Commissioner, increase such minimum net worth. paid-up capital stock requirement, under such terms and conditions as he may impose, to an amount which, in his opinion, would reasonably assure the safety of the interests of the policyholders and the public. The Commissioner may, as a pre- “The Commissioner may, as a licensing requirement of a new pre-licensing requirement of a new insurance company, in insurance company, in addition addition to the paid-up capital to the paid-up capital stock, stock, require the stockholders require the stockholders to pay to pay in cash to the company in in cash to the company in proportion to their subscription interests a contributed surplus proportion to their subscription fund of not less than One interests a contributed surplus hundred million pesos fund of not less than one million (P100,000,000.00). He may also pesos, in the case of a life require such company to submit to him a business plan showing insurance company, or not less the company’s estimated than five hundred thousand receipts and disbursements, as pesos, in the case of an well as the basis therefor, for the insurance company other than next succeeding three (3) years. life. He may also require such company to submit to him a business plan showing the company's estimated receipts and disbursements, as well as the basis therefor, for the next succeeding three years. If organized as a mutual If organized as a mutual company, in lieu of such capital company, in lieu of such net stock, it must have available worth, it must have available cash assets of at least five total members equity in an million pesos above all liabilities amount to be determined by the for losses reported, expenses, Insurance Commission above all taxes, legal reserve, and liabilities for losses reported; reinsurance of all outstanding expenses, taxes, legal reserve, risks, and the contributed and reinsurance of all surplus fund equal to the outstanding risks, and the amounts required of stock contributed surplus fund equal corporations. A stock insurance to the amounts required of stock company doing business in the corporations. A stock insurance Philippines may, subject to the company doing business in the pertinent law and regulations Philippines may, subject to the which now are of hereafter may pertinent law and regulation be in force, alter its organization which now or hereafter may be in and transform itself into a mutual force, alter its organization and insurance company. (As transform itself into a mutual amended by Presidential Decree insurance company. No. 1455). The Secretary of Finance may, upon recommendation of the Commissioner, increase such minimum paid-up capital stock or cash assets requirement under such terms and conditions as he may impose, to an amount which, in his opinion, would reasonably assure the safety of the interests of the policyholders and the public. The minimum paid-up capital and net worth requirement must remain unimpaired for the continuance of the license. The Commissioner may require the adoption of the risk- based capital approach and other internationally accepted forms of capital framework. For the purpose of this section, net worth shall consist of: (a) Paid-up capital; (b) Retained earnings; (c) Unimpaired surplus; and (d) Revaluation of assets as may be approved by the Commissioner. The Commission may adopt for purposes of compliance with capital build up requirement under this Code the recognition as part of the capital account, capital notes or debentures which are subordinate to all credits and senior only to common capital stocks. The President of the Philippines may order a periodic review every two (2) years the capital structure set out above to determine the capital adequacy of the local insurance industry from and after the integration and liberalization of the financial services, including insurance, in the ASEAN Region. For this purpose, a review committee consisting of representatives from the Department of Finance (DOF), the Insurance Commission (IC), the National Economic and Development Authority (NEDA), the Securities and Exchange Commission (SEC) and other agencies which the President may designate shall conduct the review and may recommend to the President to adopt for implementation the necessary capital adjustment. Section 191. No insurance company SEC. 197. No insurance company organized or existing under the organized or existing under the government or laws other than those of government or laws other than those of the Philippines shall engage in the Philippines shall engage in business in the Philippines unless business in the Philippines unless possessed of paid-up unimpaired possessed of unimpaired capital or capital or assets and reserve not less assets and reserve of not less than One than that herein required of domestic billion pesos (P1,000,000,000.00), nor insurance companies, nor until it shall until it shall have deposited with the have deposited with the Commissioner Commissioner for the benefit and for the benefit and security of the security of the policyholders and policyholders and creditors of such creditors of such company in the company in the Philippines, securities Philippines, securities satisfactory to satisfactory to the Commissioner the Commissioner consisting of good consisting of good securities of the securities of the Philippines, including Philippines, including new issues of new issues of stock of registered stock of "registered enterprises", as enterprises, as this term is defined in this term is defined in Republic Act No. Executive Order No. 226 of 1987, as 5186, otherwise known as the amended, to the actual market value of Investment Incentives Act, as amended, not less than the amount herein to the actual market value of not less required: than the minimum paid-up capital required of domestic insurance companies: Provided, That at least fifty per Provided, That at least fifty centum of such securities shall percent (50%) of such securities consist of bonds or other shall consist of bonds or other evidences of debt of the instruments of debt of the Government of the Philippines, Government of the Philippines, its political subdivisions and its political subdivisions and instrumentalities, or of instrumentalities, or of government-owned or controlled government-owned or - corporations and entities, controlled corporations and including the Central Bank. The entities, including the Bangko total investment of a foreign Sentral ng insurance company in any Pilipinas: Provided, further, That registered enterprise shall not the total investment of a foreign exceed twenty per centum of the insurance company in any net worth of said foreign registered enterprise shall not insurance company nor twenty exceed twenty percent (20%) of per centum of the capital of the the net worth of said foreign registered enterprise, unless insurance company nor twenty previously authorized in writing percent (20%) of the capital of by the Commissioner. the registered enterprise, unless previously authorized in writing by the Commissioner. The Commissioner may, as a pre-licensing requirement of a new branch office of a foreign insurance company, in addition to the required asset or net worth, require the company to have an additional surplus fund in an amount to be determined by the Insurance Commission. “For purposes of this Code, the net worth of a foreign insurance company shall refer only to its net worth in the Philippines. Section 192. The Commissioner shall SEC. 198. The Commissioner shall hold hold the securities, deposited as the securities, deposited as required in the immediately preceding section, for aforesaid, for the benefit and security of the benefit and security of all the all the policyholders of the company policyholders and creditors of the depositing the same, but shall as long company depositing the as the company is solvent, permit the same: Provided, That the Commissioner may as long as the company to collect the interest or company is solvent, permit the dividends on the securities so company to collect the interest or deposited, and, from time to time, with dividends on the securities so his assent, to withdraw any of such deposited, and, from time to time, with his assent, to withdraw any of such securities, upon depositing with said securities, upon depositing with said Commissioner other like securities, the Commissioner other like securities, the market value of which shall be equal to market value of which shall be equal to the market value of such as may be the market value of such as may be withdrawn. In the event of any company withdrawn. In the event of any company ceasing to do business in the ceasing to do business in the Philippines, the securities deposited as Philippines the securities deposited as aforesaid shall be returned to the aforesaid shall be returned upon the company upon the Commissioner’s written approval and only after the company's making application therefor company has duly proven in its and proving to the satisfaction of the application therefor that it has no Commissioner that it has no further further liability whatsoever under any of liability under any of its policies in the its policies nor to any of its creditors in the Philippines. Philippines. Section 193. Every foreign company doing SEC. 199. Every foreign company doing business in the Philippines shall set aside business in the Philippines shall set aside an amount corresponding to the legal an amount corresponding to the legal reserves of the policies written in the reserves of the policies written in the Philippines and invest and keep the same Philippines and invest and keep the same therein in accordance with the provisions therein in accordance with the provisions of this section. The legal reserve therein of this section. The legal reserve therein required to be set aside shall be invested required to be set aside shall be invested only in the classes of the Philippine only in the classes of Philippine securities securities described in section two described in Section 206: Provided, hundred; Provided, however, That no however, That no investment in stocks or investment in stocks or bonds of any bonds of any single entity shall, in the single entity shall, in the aggregate exceed aggregate exceed twenty percent (20%) of twenty per centum of the net worth of the the net worth of the investing company or investing company or twenty per centum twenty percent (20%) of the capital of the of the capital of the issuing company, issuing company, whichever is the lesser, whichever is the lesser unless otherwise unless otherwise approved in writing by approved in writing by the Commissioner. the Commissioner. The securities The securities purchased and kept in the purchased and kept in the Philippines Philippines under this section, shall not be under this section, shall not be sent out of sent out of the territorial jurisdiction of the the territorial jurisdiction of the Philippines without the written consent of Philippines without the written consent of the Commissioner. the Commissioner. Title 2 Solvency Section 194. An insurance company SEC. 200. An insurance company doing business in the Philippines doing business in the Philippines shall at all times maintain a margin of shall at all times maintain the solvency which shall be an excess of minimum paid-up capital, and net the value of its admitted assets worth requirements as prescribed by exclusive of its paid-up capital, in the the Commissioner. Such solvency case of a domestic company, or an requirements shall be based on excess of the value of its admitted internationally accepted solvency assets in the Philippines, exclusive of frameworks and adopted only after its security deposits, in the case of a due consultation with the insurance foreign company, over the amount of industry associations its liabilities, unearned premium and reinsurance reserves in the Philippines of at least two per mille of the total amount of its insurance in force as of the preceding calendar year on all policies, except term insurance, in the case of a life Whenever the aforementioned requirement be insurance company, or of at least ten per found to be less than that herein required to centum of the total amount of its net premium be maintained, the Commissioner shall written during the preceding calendar year, in forthwith direct the company to make good the case of a company other than a life any such deficiency by cash, to be insurance company; Provided, That in either contributed by all stockholders of record in case, such margin shall in no event be less proportion to their respective interests, and than five hundred thousand pesos; and paid to the treasurer of the company, within Provided, further, That the term "paid-up fifteen (15) days from receipt of the capital" shall not include contributed surplus order: Provided, That the company in the and capital paid in excess of par value. Such interim shall not be permitted to take any new assets, liabilities and reserves shall exclude risk of any kind or character unless and until it assets, liabilities and reserves included in make good any such deficiency: separate accounts established in accordance with section two hundred thirty-seven. Whenever the aforementioned margin be found to be less than that herein required to be maintained, the Commissioner shall forthwith direct the company to make good any such deficiency by cash, to be contributed by all stockholders of record in proportion to their respective interest, and paid to the treasurer of the company, within fifteen days from receipt of the order; Provided, That the company in the interim shall not be permitted to take any new risk of any kind or character unless and until it make good any such deficiency; Provided, further, that a stockholder Provided; further, That a stockholder who aside from paying the who aside from paying the contribution due from him, pays the contribution due from the another contribution due from him, pays the stockholder by reason of the failure contribution due from another or refusal of the latter to do so, shall stockholder by reason of the failure have a lien on the certificates of stock or refusal of the latter to do so, shall of the insurance company concerned appearing in its books in the name of have a lien on the certificates of stock the defaulting stockholder on the of the insurance company concerned date of default, as well as on any appearing in its books in the name of interests or dividends that have the defaulting stockholder on the accrued or will accrue to the said certificates of stock, until the date of default, as well as on any corresponding payment or interests or dividends that have reimbursement is made by the accrued or will accrue to the said defaulting stockholder. (As amended certificates of stock, until the by Presidential Decree No. 1455) corresponding payment or reimbursement is made by the defaulting stockholder. SEC. 201. No domestic insurance corporation shall declare or distribute any dividend on its outstanding stocks unless it has met the minimum paid-up capital and net worth requirements under Section 194 and except from profits attested in a sworn statement to the Commissioner by the president or treasurer of the corporation to be remaining on hand after retaining unimpaired: (a) The entire paid-up capital stock; (b) The solvency requirements defined by Section 200; (c) In the case of life insurance corporations, the legal reserve fund required by Section 217; (d) In the case of corporations other than life, the legal reserve fund required by Section 219; and (e) A sum sufficient to pay all net losses reported, or in the course of settlement, and all liabilities for expenses and taxes. Any dividend declared or distributed under the preceding paragraph shall be reported to the Commissioner within thirty (30) days after such declaration or distribution. If the Commissioner finds that any such corporation has declared or distributed any such dividend in violation of this section, he may order such corporation to cease and desist from doing business until the amount of such dividend or the portion thereof in excess of the amount allowed under this section has been restored to said corporation. The Commissioner shall prescribe solvency requirements for branches of foreign insurance companies operating in the Philippines. Title 3 Assets SEC. 202. In any determination of the financial condition of any insurance company doing business in the Philippines, there shall be allowed and admitted as assets only such assets legally or beneficially owned by the insurance company concerned as determined by the Commissioner which consist of: “(a) Cash in the possession of the insurance company or in transit under its control, and the true and duly verified balance of any deposit of such company in a financially sound bank or trust company duly authorized by the Bangko Sentral ng Pilipinas. “(b) Investments in securities, including money market instruments, and in real property acquired or held in accordance with and subject to the applicable provisions of this Code and the income realized therefrom or accrued thereon. (c) Loans granted by the insurance company concerned to the extent of that portion thereof adequately secured by non-speculative assets with readily realizable values in accordance with and subject to the limitations imposed by applicable provisions of this Code. (d) Policy loans and other policy assets and liens on policies, contracts or certificates of a life insurance company, in an amount not exceeding legal reserves and other policy liabilities carried on each individual life insurance policy, contract or certificate. “(e) The net amount of uncollected and deferred premiums and annuity considerations in the case of a life insurance company which carries the full mean tabular reserve liability. “(f) Reinsurance recoverable by the ceding insurer: “(1) From an insurer authorized to transact business in this country, the full amount thereof; or “(2) From an insurer not authorized in this country, in an amount not exceeding the liabilities carried by the ceding insurer for amounts withheld under a reinsurance treaty with such unauthorized insurer as security for the payment of obligations thereunder if such funds are held subject to withdrawal by, and under the control of, the ceding insurer. The Commissioner may prescribe the conditions under which a ceding insurer may be allowed credit, as an asset or as a deduction from loss and unearned premium reserves, for reinsurance recoverable from an insurer not authorized in this country but which presents satisfactory evidence that it meets the applicable standards of solvency required in this country. “(g) Funds withheld by a ceding insurer under a reinsurance treaty, provided reserves for unpaid losses and unearned premiums are adequately provided. “(h) Deposits or amounts recoverable from underwriting associations, syndicates and reinsurance funds, or from any suspended banking institution, to the extent deemed by the Commissioner to be available for the payment of losses and claims and values to be determined by him. “(i) Electronic data processing machines, as may be authorized by the Commissioner to be acquired by the insurance company concerned, the acquisition cost of which to be amortized in equal annual amounts within a period of five (5) years from the date of acquisition “(j) Investments in mutual funds, real estate investment trusts, salary loans, unit investment trust funds and special deposit accounts, subject to the conditions as may be provided for by the Commissioner. “(k) Other assets, not inconsistent with the provisions of paragraphs (a) to (j) hereof, which are deemed by the Commissioner to be readily realizable and available for the payment of losses and claims at values to be determined by him in a circular, rule or regulation. Title 4 Investments Section 198. No insurance company shall loan any of its money or deposits to any person, corporation or association, except upon first mortgage or deeds of trust of unencumbered, improved or unimproved real estate, including condominiums, in cities and centers of population of municipalities in the Philippines when the amount of such loan is not in excess of seventy per centum of the market value of such real estate; or upon the security of first mortgages or deeds of trust of actually cultivated, improved and unencumbered agricultural lands in the Philippines when the amount of such loan is not in excess of forty per centum of the market value of such land; or upon the purchase money mortgages or like securities received by it upon the sale or exchange of real property acquired pursuant to sections two hundred and two hundred two; or upon bonds or other evidences of debt of the Government of the Philippines or its political subdivisions authorized by law to issue bonds, or upon bonds or other evidences of debt of government-owned or controlled corporations and instrumentalities including the Central Bank or upon obligations issued or guaranteed by the International Bank for Reconstruction and Development; or upon stocks, bonds or other evidences of debt as are specified in section two hundred. A life insurance company, however, SEC. 204. A life insurance company may lend to any of its policyholders may lend to any of its policyholders upon the security of the value of its policy such sum as may be upon the security of the value of its determined pursuant to the policy such sum as may be provisions of the policy. determined pursuant to the Loans granted upon the security of provisions of the policy. real estate for a period longer than five years shall be amortized in “No insurance company shall loan monthly, quarterly, semi-annual or any of its money or deposits to any annual installments; Provided, That person, corporation or association, no such loans shall have a maturity in excess of twenty years. except upon the security of any of the following: The phrase "improved real estate" “(a) First mortgage or deeds of trust used above is hereby defined to of registered, unencumbered, improved or unimproved real estate, mean land with permanent building including condominiums; or buildings erected or being erected “(b) First mortgages or deeds of thereon. Except as otherwise trust of actually cultivated, improved approved by the Commissioner, in and unencumbered agricultural lands in the Philippines; case the building or buildings on “(c) Purchase money mortgages, land do not belong to the owner of lease purchase agreements or the latter, no loan shall be granted similar securities executed or on the security of the real estate in received by it on account of the sale or exchange of real property question unless both the owner of acquired pursuant to Sections 206 the building or buildings and the and 208; owner of the land sign the deed of “(d) Bonds or other instruments of mortgage, and unless the owner of indebtedness issued or guaranteed by the Government of the the land is the Government of the Philippines or its political Philippines or one of its political subdivisions authorized by law to subdivisions, in which event the incur such obligations or issue such owner is not required to sign the guarantees or of government-owned or -controlled corporations and deed of mortgage. instrumentalities including the Bangko Sentral ng Pilipinas; or (e) Obligations issued or guaranteed by universal banks, commercial banks, offshore banking units, investment houses or other financial intermediaries duly registered with the Bangko Sentral ng Pilipinas; or (f) Obligations issued or guaranteed by foreign banks or corporations, each of which shall have total net worth of at least One hundred fifty million US dollars ($US150,000,000.00) or such other higher net worth as may be prescribed by the Insurance Commission, as shown in their financial statements as of the immediately preceding fiscal year; or “(g) Assignments of monetary instruments such as cash deposits, deposit certificates or other similar instruments of universal banks, commercial banks, investment houses or other financial intermediaries duly registered with the Bangko Sentral ng Pilipinas; or “(h) Pledges of shares of stock, bonds or other instruments of indebtedness specified in Section “(h) Pledges of shares of stock, bonds or other instruments of indebtedness specified in Section 209; or “(i) Chattel mortgages over equipment not more than three (3) years old; and “(j) Such other security as may be approved by the Commissioner. “The loans provided in the preceding subsection shall be subject to the following conditions: “(1) The amount of loan secured by real estate mortgage over a non- agricultural land shall not exceed seventy percent (70%) of its appraised value, and in the case of a loan secured by a real estate mortgage over an agricultural land, the amount of loan shall not exceed forty percent (40%) of its market value: Provided, That, in no case shall such loan have a maturity period in excess of twenty-five (25) years; (2) Unless approved by the Commissioner, no loan may be granted upon the security of a mortgage on improved real estate if the improvements thereon do not belong to the owner of the land, and the owner of the improvements does not sign the deed of mortgage. However, if the owner of the land is the Government of the Philippines or any of its political subdivisions and a long-term lease has been executed in favor of the owner of the improvements, the owner of the land need not be a party to the deed of mortgage. The expiration date of the lease shall not, however, precede the maturity of the loan. The phrase ‘improved real estate’ as used herein shall mean land with permanent building or buildings erected thereon; “(3) Lease-agreements or similar securities received on the sale of real estate property shall not exceed one hundred percent (100%) of the selling price of said property, or one hundred percent (100%) of its market value at the time of its disposition, whichever amount is lower. However, in no case shall such agreement have a maturity period not exceeding thirty (30) years; “(4) Loans secured by shares of stock of solvent corporations or institutions shall not exceed fifty percent (50%) of: “(i) The weighted average market price for the one hundred eighty (180) days preceding the approval of the loan for shares listed in the stock exchange; and “(ii) For unlisted shares, the adjusted book value of such shares. “(5) Loans secured by the chattel mortgages over equipment shall not exceed seventy percent (70%) of the market value of said equipment. “(b) The total investment of an insurance company in any registered enterprise shall not exceed twenty percent (20%) of the net worth of said insurance company as shown by its aforesaid financial statement nor twenty percent (20%) of the paid-up capital of the registered enterprise excluding the intended investment, unless previously authorized by the Commissioner: Provided, further, That such investments, free from any lien or encumbrance, shall be at least equal in amount to the aggregate amount of: (1) its legal reserve, as provided in Section 219, and (2) its reserve fund held for reinsurance as provided for in the pertinent treaty provision in the case of reinsurance ceded to authorized insurers. Section 199. No loan by any “SEC. 205. No loan by any insurance company on the insurance company on the security of real estate shall be security of real estate shall be made unless the title to such real made unless the title to such real estate shall have first been estate shall have first been registered in accordance with the registered in accordance with the existing Land Registration Act, existing Land Registration Act, or shall be a titulo real duly or shall have been previously registered, or have been registered under the provisions previously registered under the of the existing Mortgage Law and provisions of the existing the lien or interest of the Mortgage Law. insurance company as mortgagee has been registered. Section 200. (1) An insurance “SEC. 206. (a) An insurance company may company may purchase, hold, own purchase, hold, own and convey such and convey such property, real and property, real and personal, as may have personal, as may have been been mortgaged, pledged, or conveyed to mortgaged, pledged, or conveyed to it it in good faith in trust for its benefit by in good faith in trust for its benefit by reason of money loaned by it in reason of money loaned by it in pursuance of the regular business of the pursuance of the regular business of company, and such real or personal the company, and such real or property as may have been purchased by personal property as may have been it at sales under pledges, mortgages or purchased by it at sales under deeds of trust for its benefit on account of pledges, mortgages or deeds of trust money loaned by it; and such real and for its benefit on account of money personal property as may have been loaned by it; and such real and conveyed to it by borrowers in personal property as may have been satisfaction and discharge of loans made conveyed to it by borrowers in by the company in payment or by reason satisfaction and discharge of loans of any loan made by the company in made by the company to them: payment or by reason of any loan made Provided, however, That any real by it shall be sold by the company within estate purchased by an insurance twenty (20) years after the title thereto has company in payment or by reason of been vested in it. any loan made by it shall be sold by the company within twenty years after the title thereto has been vested in it. (2) An insurance company may “(b) An insurance company may purchase, hold, own and convey purchase, hold, and own the real and personal property as following: follows: “(1) Real properties which serve (a) The lot with building thereon as its main place of business and/or branch offices: Provided, in which the company conducts That such investment shall not in and carries on its business. the overall exceed twenty (b) Bonds or other evidences of percent (20%) of its net worth as debt of the Government of the shown by its latest financial statement approved by the Philippines or its political Commissioner. subdivisions authorized by law “(2) Bonds or other instruments to issue bonds at the reasonable of indebtedness of the market value thereof. Government of the Philippines or its political subdivisions (c) Bonds or other evidences of authorized by law to issue bonds debt of the government-owned or at the reasonable market value controlled corporations and thereof. entities, including the Central “(3) Bonds or other instruments of debt of government-owned or Bank. -controlled corporations and entities, including the Bangko Sentral ng Pilipinas. (d) Bonds, debentures or other “(4) Bonds, debentures or other evidences of indebtedness of any instruments of indebtedness of any solvent corporations or institution solvent corporation or institution created or existing under the laws of created or existing under the laws of the Philippines; Provided, however, the Philippines: Provided, however, That the issuing, assuming or That the issuing, assuming or guaranteeing entity or its guaranteeing entity or its predecessors shall not have predecessors shall not have defaulted in the payment of interest defaulted in the payment of interest on any of its securities and that on any of its securities and that during each of any three including during each of any three (3) including the last two of the five fiscal years the last two (2) of the five next preceding the date of acquisition (5) fiscal years next preceding the by such insurance company of such date of acquisition by such insurance bonds, debentures, or other company of such bonds, debentures, evidences of indebtedness, the net or other instruments of indebtedness, earnings of the issuing, assuming or the net earnings of the issuing, guaranteeing institution available for assuming or guaranteeing institution its fixed charges, as hereinafter available for its fixed charges, as defined, shall have been not less than hereinafter defined, shall have been one and one-quarter times the total of not less than one and one-quarter its fixed charges for such year; and (1¼) times the total of its fixed charges for such year: provided, further, that no life insurance Provided, further, That no life insurance company shall invest in or loan upon company shall invest in or loan upon the obligations of any one institution in the kinds permitted under this sub- the obligations of any one institution in section an amount in excess of twenty- the kinds permitted under this five per centum of the total admitted subsection an amount in excess of assets of such insurer as of December twenty-five percent (25%) of the total thirty-first next preceding the date of such investment. admitted assets of such insurer as of December thirty-first next preceding the As used in this sub-section the term date of such investment. "net earnings available for fixed charges" shall mean net income after deducting operating and maintenance “As used in this subsection the term net expenses, taxes other than income earnings available for fixed taxes, depreciation and depletion; but charges shall mean net income after excluding extraordinary non-recurring deducting operating and maintenance items of income or expense appearing in the regular financial statement of the expenses, taxes other than income issuing, assuming or guaranteeing taxes, depreciation and depletion; but institution. The term "fixed charges" excluding extraordinary nonrecurring shall include interest on funded and items of income or expense appearing unfunded debt, amortization of debt discount, and rentals for leased in the regular financial statement of the properties. issuing, assuming or guaranteeing institution. The term fixed charges shall include interest on funded and unfunded debt, amortization of debt discount, and rentals for leased properties. (e) Preferred or guaranteed stocks of any “(5) Preferred or guaranteed stocks of any solvent corporation or institution created solvent corporation or institution created or existing under the laws of the or existing under the laws of the Philippines; Provided, however, That the Philippines: Provided, That if the stocks issuing, assuming or guaranteeing entity are guaranteed, the amount of stocks so or its predecessors has paid regular guaranteed is not in excess of fifty percent dividends upon its preferred or (50%) of the amount of the preferred or guaranteed stocks for a period of at least common stocks, as the case may be, of three years next preceding the date of the guaranteeing corporation:Provided, investment in such preferred or finally, That no life insurance company guaranteed stock; Provided, further, That shall invest in or loan upon obligations of if the stocks are guaranteed, the amount any one institution in the kinds permitted of stocks so guaranteed is not excess of under this subsection an amount in fifty per centum of the amount of the excess of ten percent (10%) of the total preferred or common stocks, as the case admitted assets of such insurer as of may be, of the guaranteeing corporation; December thirty-first next preceding the And provided, finally, That no life date of such investment. insurance company shall invest in or loan upon obligations of any one institution in the kinds permitted under this sub-section an amount in excess of ten per centum of the total admitted assets of such insurer as of December thirty-first next preceding the date of such investment. (f) Common stocks of any solvent “(6) Common stocks of any solvent corporation or institution created or corporation or institution created or existing under the laws of the existing under the laws of the Philippines upon which regular Philippines:Provided, however, That dividends shall have been paid for no life insurance company shall the three years next preceding the invest in or loan upon the obligations purchase of such stock; Provided, of any one corporation or institution however, That no life insurance in the kinds permitted under this company shall invest in or loan upon subsection an amount in excess of the obligations of any one ten percent (10%) of the total corporation or institution in the kinds admitted assets of such insurer as of permitted under this sub-section an December thirty-first next preceding amount in excess of ten per centum the date of such investment. of the total admitted assets of such “(7) Securities issued by a registered insurer as of December thirty-first enterprise, as this term is defined in next preceding the date of such Executive Order No. 226, otherwise investment. known as the Omnibus Investments (g) Certificates, notes and other Code of 1987, as amended: Provided, obligations issued by the trustees or That the total investment of a receivers of any institution created or domestic non-life insurance company existing under the laws of the in any registered enterprise shall not Philippines which, or the assets of exceed twenty percent (20%) of the which, are being administered under net worth of said insurance company the direction of any court having as shown by its aforesaid financial jurisdiction; Provided, however, That statement unless previously such certificates, notes or other authorized by the Commissioner. obligations are adequately secured as to principal and interests. (h) Equipment trust obligations or “(8) Certificates, notes and other certificates which are adequately obligations issued by the trustees or secured or other adequately secured receivers of any institution created or instruments evidencing an interest in existing under the laws of the equipment wholly or in part within the Philippines which, or the assets of Philippines; Provided, however, That which, are being administered under there is a right to receive determined the direction of any court having portions of rental, purchase or other jurisdiction: Provided, however, That fixed obligatory payments for the use such certificates, notes or other or purchase of such equipment. obligations are adequately secured as (i) Any obligation of any corporation to principal and interests. or institution created or existing “(9) Equipment trust obligations or under the laws of the Philippines certificates which are adequately which is, on the date of acquisition by secured or other adequately secured the insurer, adequately secured and instruments evidencing an interest in has qualities and characteristics equipment wholly or in part within the wherein the speculative elements are Philippines: Provided, however, That not predominant. there is a right to receive determined portions of rental, purchase or other fixed obligatory payments for the use or purchase of such equipment. (j) Such other securities as may be approved by “(10) Any obligation of any corporation or the Commissioner. institution created or existing under the laws of (3) Any domestic insurer which has outstanding the Philippines which is, on the date of insurance, annuity or reinsurance contracts in acquisition by the insurer, adequately secured currencies other than the national currency of and has qualities and characteristics wherein the Philippines may invest in, or otherwise the speculative elements are not predominant. acquire or loan upon securities and investments “(11) Such other securities as may be approved in such currency which are substantially of the by the Commissioner. same kinds, classes and investment grades as “(c) Any domestic insurer which has those eligible for investment under the outstanding insurance, annuity or reinsurance foregoing subdivisions of this section; but the aggregate amount of such investment and of contracts in currencies other than the national such cash in such currency which is at anytime currency of the Philippines may invest in, or held by such insurer shall not exceed one and otherwise acquire or loan upon securities and one-half times the amount of its reserves and investments in such currency which are other obligations under such contracts or the amount which such insurer is required by the substantially of the same kinds, classes and law of any country or possession outside the investment grades as those eligible for Republic of the Philippines to be invest in such investment under the foregoing subdivisions of country or possession, whichever shall be this section; but the aggregate amount of such greater. investments and of such cash in such currency which is at any time held by such insurer shall not exceed one and one-half (1½) times the amount of its reserves and other obligations under such contracts or the amount which such insurer is required by the law of any country or possession outside the Republic of the Philippines to be invested in such country or possession, whichever shall be greater. Section 201. An insurance “SEC. 207. An insurance company may (1) invest in company may: equities of other financial “(1) Invest in equities of other institutions, and (2) engage in financial institutions; and the buying and selling of “(2) Engage in the buying and short-term debt instruments; selling of long-term debt Provided, That any or all of instruments: Provided, That such investments shall be any or all of such investments with the prior approval of the shall be with the prior Commissioner. approval of the Commissioner. Insurance companies may, however, invest in listed equities of other financial institutions without need of prior approval by the Commissioner. Section 202. Any life insurance “SEC. 208. Any life insurance company may: company may: “(a) Acquire or construct housing (a) Acquire or construct housing projects and, in connection with any projects and, in connection with any such project, may acquire land or any such project, may acquire land or any interest therein by purchase, lease or interest therein by purchase, lease or otherwise, or use land acquired pursuant to any other provision of otherwise, or use land acquired this Code. Such company may pursuant to any other provision of thereafter own, maintain, manage, this Code. Such company may collect or receive income from, or sell thereafter own, maintain, manage, and convey, any land or interest therein so acquired and any collect or receive income from, or sell improvements thereon. The and convey, any land or interest aggregate book value of the therein so acquired and any investments of any such company in improvements thereon. The all such projects shall not exceed at the time of such investments twenty- aggregate book value of the five percent (25%) of the total investments of any such company in admitted assets of such company on all such projects shall not exceed at the thirty-first day of December next the time of such investments twenty preceding: Provided, That the funds of the company for the payment of five per centum of the total admitted pending claims and obligations shall assets of such company on the thirty- not be used for such investments. first day of December next preceding; (b) Acquire real property, other than “(b) Acquire real property, other than property to be used primarily for property to be used primarily for providing housing and property for providing housing and property for accommodation of its own business, accommodation of its own business, as an investment for the production as an investment for the production of income, or may acquire real of income, or may acquire real property to be improved or developed property to be improved or developed for such investment purpose for such investment purpose pursuant to a program therefor, pursuant to a program therefor, subject to the condition that the cost subject to the condition that the cost of each parcel of real property so of each parcel of real property so acquired under the authority of this acquired under the authority of this paragraph (b), including the paragraph (b), including the estimated cost to the company of the estimated cost to the company of the improvement or development thereof, improvement or development thereof, when added to the book value of all when added to the book value of all other real property held by its other real property held by it pursuant to this paragraph (b), shall pursuant to this paragraph (b), shall not exceed twenty-five per centum of not exceed twenty-five percent (25%) its admitted assets as of the thirty- of its admitted assets as of the thirty- first day of December next preceding. first day of December next preceding Section 203. Every domestic “SEC. 209. Every domestic insurance company shall, to the insurance company shall, to the extent of an amount equal in extent of an amount equal in value to twenty-five per centum of value to twenty-five percent (25%) the minimum paid-up capital of the minimum net worth required under section one required under Section 194, hundred eighty-eight, invest its invest its funds only in securities, funds only in securities, satisfactory to the Commissioner, satisfactory to the Commissioner, consisting of bonds or other consisting of bonds or other instruments of debt of the evidences of debt of the Government of the Philippines or Government of the Philippines or its political subdivisions or its political subdivisions or instrumentalities, or of instrumentalities, or of government-owned or -controlled government-owned or controlled corporations and entities, corporations and entities, including the Bangko Sentral ng including the Central Bank of the Pilipinas: Philippines; Provided, That such investments Provided, That such investments shall at all times be maintained free shall at all times be maintained free from any lien or encumbrance; and Provided, further, That such from any lien or securities shall be deposited with encumbrance: Provided, further, and held by the Commissioner for That such securities shall be the faithful performance by the deposited with and held by the depositing insurer of all its obligations under its insurance Commissioner for the faithful contracts. The provisions of section performance by the depositing one hundred ninety-two shall, so far insurer of all its obligations under its as practicable, apply to the insurance contracts. The provisions securities deposited under this section. of Section 198 shall, so far as Except as otherwise provided in this practicable, apply to the securities Code, no judgment creditor or other deposited under this section. claimant shall have the right to levy “Except as otherwise provided in upon any of the securities of the insurer held on deposit under this this Code, no judgment creditor or section or held on deposit pursuant other claimant shall have the right to to the requirement of the levy upon any of the securities of the Commissioner. (As amended by insurer held on deposit under this Presidential Decree No. 1455) section or held on deposit pursuant to the requirement of the Commissioner. Section 204. After satisfying the “SEC. 210. After satisfying the requirements contained in the requirements contained in the preceding section, any domestic non- preceding section, any domestic non- life insurance company, shall invest, life insurance company, shall invest, to an amount prescribed below, its to an amount prescribed below, its funds in, or otherwise, acquire or funds in, or otherwise, acquire or loan upon, only the classes of loan upon, only the classes of investments described in section two investments described in Section hundred, including securities issued 206, including securities issued by by any "registered enterprise", as this any registered enterprise, as this term is defined in Republic Act No. term is defined in Executive Order 5186, otherwise known as the No. 226, otherwise known as ‘The Investment Incentives Act, and such Omnibus Investments Code of 1987′ other classes of investments as may and such other classes of be authorized by the Commissioner investments as may be authorized by for purposes of this section; the Commissioner for purposes of this section: Provided, That (a) no more than twenty per Provided, That: centum of the net worth of such company “(a) No more than twenty percent (20%) of as shown by its latest financial statement the net worth of such company as shown by approved by the Commissioner shall be its latest financial statement approved by the Commissioner shall be invested in the invested in the lot and building in which the lot and building in which the insurance insurance company conducts its business company conducts its business; and “(b) and (b) the total investment of an insurance The total investment of an insurance company in any registered enterprise shall company in any registered enterprise shall not exceed twenty per centum of the net not exceed twenty percent (20%) of the net worth of said insurance company as shown worth of said insurance company as shown by its aforesaid financial statement nor by its aforesaid financial statement nor twenty per centum of the paid-up capital of twenty percent (20%) of the paid-up capital the registered enterprise excluding the of the registered enterprise excluding the intended investment, unless previously intended investment, unless previously authorized by the Commissioner: Provided, authorized by the Commissioner; and, further, That such investments, free from Provided, further, That such investments any lien or encumbrance, shall be at least free from any lien or encumbrance, shall be equal in amount to the aggregate amount at least equal in amount to the aggregate of: (1) its legal reserve, as provided in amount of (a) its legal reserve, as provided Section 219, and (2) its reserve fund held for in section two hundred thirteen, and (b) its reinsurance as provided for in the pertinent reserve fund held for reinsurance as treaty provision in the case of reinsurance provided for in the pertinent treaty provision ceded to authorized insurers. in the case of reinsurance ceded to authorized insurers. (As amended by Presidential Decree No.1455) Section 205. After satisfying the SEC. 211. After satisfying the requirements contained in sections requirements contained in Sections one hundred ninety-one, one hundred 197, 199, 209 and 210, any non-life ninety-three, two hundred three and insurance company may invest any two hundred four, any non-life portion of its funds representing insurance company may invest any earned surplus in any of the portion of its funds representing investments described in Sections earned surplus in any of the 204, 206 and 207, or in any securities investments described in sections issued by a registered enterprise one hundred ninety-eight, two mentioned in the preceding sections: hundred and two hundred one, or in any securities issued by a "registered enterprise" mentioned in the preceding sections; Provided, That no investment in Provided, That no investment in stocks or bonds of any single entity stocks or bonds of any single entity shall in the aggregate, exceed shall in the aggregate, exceed twenty per centum of the net worth twenty percent (20%) of the net of the insurance company as shown worth of the insurance company as in its latest financial statement shown in its latest financial approved by the Commissioner or statement approved by the twenty per centum of the paid-up Commissioner or twenty percent capital of the issuing company, (20%) of the paid-up capital of the whichever is lesser, unless issuing company, whichever is otherwise approved by the lesser, unless otherwise approved Commissioner. by the Commissioner. Section 206. After satisfying the SEC. 212. After satisfying the minimum capital investment required minimum capital investment required in section two hundred three, any life in Section 209, any life insurance insurance company may invest its company may invest its legal policy legal policy reserve, as provided in reserve, as provided in Section 217 section two hundred eleven or in or in Section 218, in any of the section two hundred twelve, in any of classes of securities or types of the classes of securities or types of investments described in Sections investments described in sections 204, 206, 207 and 208, subject to the one hundred ninety-eight, two limitations therein contained, and in hundred, two hundred one and two any securities issued by any hundred two, subject to the registered enterprise mentioned in limitations therein contained, and in Section 210, free from any lien or any securities issued by any encumbrance, in such amounts as "registered enterprise" mentioned in may be approved by the section two hundred four, free from Commissioner. Such company may any lien or encumbrance, in such likewise invest any portion of its amounts as may be approved by the earned surplus in the aforesaid Commissioner. Such company may securities or investments subject to likewise invest any portion of its the aforesaid limitations. earned surplus in the aforesaid securities or investments subject to the aforesaid limitations. Section 207. Any investment made in SEC. 213. Any investment made in violation of the applicable provisions violation of the applicable provisions of this title shall be considered non- of this title shall be considered non- admitted assets. admitted assets. Section 208. (1) All bonds or other evidences of indebtedness having a SEC. 214. (a) All bonds or other fixed term and rate of interest and instruments of indebtedness having held by any life insurance company a fixed term and rate of interest and authorized to do business in this held by any life insurance company country, if amply secured and if not authorized to do business in this in default as to principal or interest, country, if amply secured and if not shall be valued as follows: If in default as to principal or interest, purchased at par, at the par value; if shall be valued based on their purchased above or below par, on amortized cost using effective the basis of the purchase price interest method less impairment and adjusted so as to bring the value to unrecoverable amount based on par at maturity and so as to yield in appropriate measurement methods the meantime the effective rate of which are generally accepted in the interest at which the purchase was industry and accepted by the made, or in the discretion of the Commissioner. Commissioner, on the basis of the method of calculation commonly known as the pro-rata method. In applying the foregoing rule the purchase price shall in no case be taken at a higher figure than the actual market value at the time of acquisition. The Commissioner shall have the The Commissioner shall have the power to determine the eligibility of power to determine the eligibility of any such investments for valuation any such investments for valuation on the basis of amortization, and may on the basis of amortization, and may by regulation prescribe or limit the by regulation prescribe or limit the classes of securities so eligible for classes of securities so eligible for amortization. All bonds or other amortization. All bonds or other evidences of indebtedness which in instruments of indebtedness which in the judgment of the Commissioner the judgment of the Commissioner are not amply secured shall not be are not amply secured shall not be eligible for amortization and shall be eligible for amortization and shall be valued in accordance with paragraph valued in accordance with paragraph two. The Commissioner may, if he two. The Commissioner may, if he finds that the interest of policy finds that the interest of holders so permit or require, by policyholders so permit or require, by official regulation permit or require official regulation permit or require any class or classes of insurers, any class or classes of insurers, other than life insurance companies, other than life insurance companies authorized to do business in this authorized to do business in this country, to value their bonds or other country, to value their bonds or other evidences of indebtedness in instruments of indebtedness in accordance with the foregoing rule. accordance with the foregoing rule. (2) The investments of all insurers (b) The investments of all insurers authorized to do business in this authorized to do business in this country, except securities subject to country, except securities subject to amortization and except as otherwise amortization and except as otherwise provided in this chapter, shall be provided in this chapter, shall be valued, in the discretion of the valued, in the discretion of the Commissioner, at their market value, Commissioner, at their amortized or at their appraised value, or at cost using effective interest method prices determined by him as less impairment and unrecoverable representing their fair market value. If amount or at valuation representing the Commissioner finds that in view their fair market value. If the of the character of investments of any Commissioner finds that in view of insurer authorized to do business in the character of investments of any this country it would be prudent for insurer authorized to do business in such insurer to establish a special this country it would be prudent for reserve for possible losses or such insurer to establish a special fluctuations in the values of its reserve for possible losses or investments, he may require such fluctuations in the values of its insurer to establish such reserve, investments, he may require such reasonable in amount, and may insurer to establish such reserve, require that such reserve be reasonable in amount, and include a maintained and reported in any report thereon in any statement or statement or report of the financial report of the financial condition of condition of such insurer. such insurer. The Commissioner may, The Commissioner may, in The Commissioner may, in connection with any examination or connection with any examination or required financial statement of an required financial statement of an authorized insurer, require such authorized insurer, require such insurer to furnish him complete insurer to furnish him complete financial statements and audited financial statements and audited report of the financial condition of report of the financial condition of any corporation of which the any corporation of which the securities are owned wholly or partly securities are owned wholly or partly by such insurer and may cause an by such insurer and may cause an examination to be made of any examination to be made of any subsidiary or affiliate of such insurer. subsidiary or affiliate of such insurer as appropriate to specific investments as provided in appropriate circulars issued by the Commissioner. (c) Investments in equity of an insurance company shall be valued as follows: “(1) Listed stocks shall be valued at market value and periodically adjusted to reflect market changes through a special valuation account to reflect their realizable value when sold; “(2) Unlisted stocks shall be valued at adjusted book value based on the latest unqualified audited financial statements of the company which issued such stocks; and “(3) Stocks of a corporation under the control of the insurer shall be valued using the equity method which is the cost plus or minus the share of the controlling company in the earnings or losses of the controlled company after acquisition of such stocks. (3) The stock of an insurance (d) The stock of an insurance company shall be valued at the company shall be valued at the lesser of its market value or its book lesser of its market value or its book value as shown by its last approved value as shown by its last approved audited financial statement or the annual statement or the last report last report on examination, on examination, whichever is more whichever is more recent. The book value of a share of common stock of recent. The book value of a share of an insurance company shall be common stock of an insurance ascertained by dividing (1) the company shall be ascertained by amount of its capital and surplus dividing (a) the amount of its capital less the value of all of its preferred stock, if any, outstanding, by (2) the and surplus less the value of all of its number of shares of its common preferred stock, if any, outstanding, stock issued and outstanding. by (b) the number of shares of its common stock issued and Notwithstanding the foregoing outstanding. Notwithstanding the provisions, an insurer may, at its foregoing provisions, an insurer may, option, value its holdings of stock in at its option, value its holdings of a subsidiary insurance company in stock in a subsidiary insurance an amount not less than acquisition company in an amount not less than cost if such acquisition cost is less acquisition cost if such acquisition than the value determined as cost is less than the value hereinbefore provided. determined as hereinbefore provided. (4) Real estate required by (e) Real estate acquired by foreclosure or by deed in lieu foreclosure or by deed in lieu thereof, in the absence of a recent thereof, in the absence of a recent appraisal deemed by the appraisal deemed by the Commissioner to be reliable, shall Commissioner to be reliable, shall not be valued at an amount greater not be valued at an amount greater than the unpaid principal of the than the unpaid principal of the defaulted loan at the date of such defaulted loan at the date of such foreclosure or deed, together with foreclosure or deed, together with any taxes and expenses paid or any taxes and expenses paid or incurred by such insurer at such incurred by such insurer at such time in connection with such time in connection with such acquisition, and the cost of additions acquisition, and the cost of additions or improvements thereafter paid by or improvements thereafter paid by such insurer and any amount or such insurer and any amount or amounts thereafter paid by such amounts thereafter paid by such insurer on any assessments levied insurer or any assessments levied for improvements in connection with for improvements in connection with the property. the property. (5) Purchase money mortgages (f) Purchase money mortgages received on dispositions of real received on dispositions of real property held pursuant to section property held pursuant to Section one hundred ninety-eight shall be 208 shall be valued in an amount valued in an amount equivalent to equivalent to ninety percent (90%) of ninety per centum of the value of the value of such real property. such real property. Purchase money Purchase money mortgages received mortgages received on disposition of on disposition of real property real property otherwise held shall be otherwise held shall be valued in an valued in an amount not exceeding amount not exceeding ninety percent ninety per centum of the value of (90%) of the value of such real such real property as determined by property as determined by an an appraisal made by an appraiser at appraisal made by an appraiser at or or about the time of disposition of about the time of disposition of such such real property. real property. (6) The stock of a subsidiary of an “(g) The stock of a subsidiary of an insurer shall be valued on the basis insurer shall be valued on the basis of the greater of: of the greater of •the value of only such subsidiary of “(1) The value of only such of the the assets of such subsidiary as assets of such subsidiary as would would constitute lawful investments constitute lawful investments for the insurer if acquired or held directly for the insurer if acquired or held by the insurer; or directly by the insurer or “(2) Such other value determined •such other value determined pursuant to standards and pursuant to standards and cumulative limitations, contained in a regulation to be promulgated by cumulative limitations, contained in the Commissioner. a regulation to be promulgated by the Commissioner. (7) Notwithstanding any provision “(h) Notwithstanding any provision contained in this section or contained in this section or elsewhere in this chapter, if the Commissioner find that the interests elsewhere in this chapter, if the of policyholders so permit or require, Commissioner finds that the he may permit or require any class or interests of policyholders so permit classes of insurers authorized to do or require, he may permit or require business in this country to value their investments or any class or any class or classes of insurers classes thereof as of any date authorized to do business in this heretofore or hereafter in accordance country to value their investments or with any applicable valuation or any class or classes thereof as of method. any date heretofore or hereafter in accordance with any applicable valuation or method. Section 209. It shall be the duty of the “SEC. 215. It shall be the duty of the officers of the insurance company to officers of the insurance company to report within the first fifteen days of report within the first fifteen (15) days every month all such investments as of every month all such investments may be made by them during the as may be made by them during the preceding month, and the preceding month, and the Commissioner may, if such Commissioner may, if such investments or any of them seem investments or any of them seem injudicious to him, require the sale or injudicious to him, require the sale or disposal of the same. The report disposal of the same. The report shall also include a list of shall also include a list of investments sold or disposed of by investments sold or disposed of by the company during the same period. the company during the same period. THANK YOU!!!