he government has
finally done what it should have done a long time ago. All vehicles on the road
will now be covered with compulsory third party liability insurance (CTPL) that
will actually pay accident victims and will not victimize private vehicle
owners.
Compulsory TPL insurance started with President Ferdinand
Marcos' Letter of Instruction 191 which created the Philippine Motor Vehicle
Liability Pool. This made compulsory TPL vehicle insurance for all vehicles - a
consortium of private insurance companies together with the Government Service
Insurance System (GSIS). The consortium, managed by representatives of the
insurance industry, eventually collapsed because of various fraudulent practices
coming from the side of member companies as well as the management group.
Thus, PD Nos. 1455 and 1814 were issued. The CTPL was
transferred to the GSIS for government vehicles, and to the private insurance
companies for private vehicles.
From that time to the present, the GSIS has properly and
efficiently done its job of covering all government vehicles.
CTPL coverage for the private sector, however, was not
handled as well or as efficiently. Private sector coverage suffered from the
problem of fake insurance policies and fake certificates of cover and the
practice of unauthorized franchising. These illegal practices prejudiced the
insuring public with premiums being absconded, taxes due government not remitted
and the non-payment of claims that should have been paid to motor vehicle
accident victims.
Not only that, the premiums paid by private vehicle owners
were also much higher than the premiums for the policies issued by the GSIS.
In 2002, in response to the growing concern over the
proliferation of fake policies and certificates of cover (COCs), the LTO agreed
to implement the private insurance companies sponsored COC Authentication System
(COCAS), requiring the authentication of COCs through D-Tech, a company chosen
by the private insurance industry instead of STRADCOM, the IT contractor of LTO.
The COCAS, however, still failed to solve the problem. The
fakes were still there, premiums were still absconded, taxes were unremitted to
government, and claims of the registering/ insuring public remain unpaid.
In 2005, upon invitation by DOTC/LTO-STRADCOM/DOF, GSIS, PIRA
and RAMSI submitted to the DOTC-LTO-STRADCOM Interconnectivity Committee
proposals to address the recurring fraudulent practices related to the CTPL in
private insurance industry circles.
GSIS proposed integration of the CTPL insurance in the
vehicle registration process.
In 2006, a CTPL committee formed by DOF-DOTC with the IC and
DOTC Undersecretary for land transportation as co-chair, with the heads of LTO,
LTFRB and DOF as members, invited interested parties to submit solutions to the
CTPL problem.
Among the submitted proposals were IC/PIRA proposal for the
creation of a clearing house and the collection/sale of CTPL insurance through
selected banks. Private companies were made to contribute P200,000 thousand
each.
GSIS reiterated its 2005 proposal to integrate insurance and
registration at the LTO System.
In July 2007, DOTC issued a Department Order for the
integration of insurance and registration using the LTO System after the
Department of Justice issued separate opinions stating that DOTC LTO had the
legal mandate to implement the program and that GSIS had legal mandate as well
to underwrite the CTPL insurance even for private vehicles. This was opposed by
the private insurance industry through a court case filed by PIRA.
Also in July 2007, due to the expiration of the MOA of D-Tech
for the authentication of COCs, the DOTC-LTO implemented an interim system for
issued CTPL insurance policies using STRADCOM's on-line authentication system
linked to the LTO database. In January 2008, PIRA passed a resolution advising
its members that they find nothing objectionable to the proposal of some members
to pass on the cost of the interconnectivity fee, that is being charged by
STRADCOM, in the verification of COCs to their clients-assureds in the amount of
P50.40 inclusive of 12 percent VAT per COC, although PIRA in a prior transport
summit meeting of DOTC-LTO-LTFRB-Transport sector committed to absorb the P50.40
IT fee.
In the meantime, LTFRB reported to LTO that the interim
verification system led to another private insurance industry anomalous practice
among some private insurers of misdeclaring vehicles types and issuing
inappropriate policies. You might have thought that you were insuring against
TPL your four-door sedan when the issued policy actually covered a tricycle.
On June 30, 2008 the LTO sent a memorandum to DOTC that with
the Insurance Commission's (IC) adoption of the GSIS proposal to integrate
insurance and registration at the LTO registration process thru its IT database.
With the IC's concurrence, a memorandum of agreement to implement the GSIS
solution was signed. The PIRA injunction against the adoption of the GSIS
solution was dismissed by RTC Makati Branch 45 on June 23, 2008,
On July 1, 2008 MOA was signed by DOTC-LTO-IC-GSIS and
STRADCOM to implement a permanent solution to more than three (3) decades old
problem of CTPL insurance via integration of insurance and registration at LTO
registration process.
***
Vehicle owners will surely welcome the implementation of the
GSIS CTPL scheme because it saves them money and ensures that their CTPLs are
genuine.
A private vehicle owner will now only pay P575 for the GSIS
CTPL compared to the P900 charged by present CTPL providers, for a saving of
P325 per policy. The GSIS CTPL for utility vehicles, including jeepneys, will
also cost only P575 compared to its old price of P950, for a saving of P375.
Light truck owners, on the other hand, will pay P355 less
with the GSIS CTPL for that vehicle category costing only P625 per policy,
compared to its erstwhile P980 price. Motorcycle owners will save P85 per GSIS
CTPL policy costing P265 as against the old CTPL cost of P350.
While the GSIS will oversee the new CTPL system, it will farm
out the actual provision of CTPL policies to creditable reinsurers, thereby
rendering without basis claims that the GSIS will monopolize the CTPL business.
The purchase of GSIS CTPLs by motorists will be automatic and
included in the registration process of the LTO. This is not so in the present
system under which motorists have to buy first CTPLs with private dealers before
transacting with the LTO. Just how serious was this problem? From 2000 to 2007,
39.7 million vehicles were registered with the LTO, but only 17.1 million valid
CTPLs were on record to have been issued for the period. The 22.6 million
difference is the number of fake CTPLs sold in the seven-year period. Two out of
three buyers of CTPLs bought worthless insurance coverage.
Meanwhile, estimates put the losses of the government from
the CTPL racket at P2 billion for the period.
***
Point of clarification: CTPL covers injuries to a third party. In insurance
parlance, the insurer is the first party and you, the insured, are the second
party. Thus, those who are covered are people injured in accidents - both your
vehicle's passengers and the other vehicle's passengers. Pedestrians are also
third party.