Predicting the unpredictable: A study on the feasibility of implementing a nationwide mandatory earthquake insurance policy
Date of Publication
2014
Document Type
Bachelor's Thesis
Degree Name
Bachelor of Science in Legal Management
Subject Categories
Insurance Law
College
Ramon V. Del Rosario College of Business
Department/Unit
Commercial Law
Thesis Adviser
Erickson H. Balmes
Defense Panel Chair
Edward P. Chico
Defense Panel Member
Arvin A. Jo
Jospeh John M. Aguas
Abstract/Summary
Certainly, it is incontestable that natural disasters result to severe economic and social damage to many nations especially in the Philippines. Since the country lies in the Pacific Ring of Fire, Filipinos face a lot of natural calamities every year, particularly earthquakes. Just recently, a magnitude 7.2 earthquake struck Bohol leading to massive damage not just therein, but also in other neighboring provinces in the Visayas region.
Due to the vast devastation caused thereof, the national government failed to immediately provide the necessary aid to the public and also to the destroyed entities. Unfortunately, the Philippines do not have a law protecting the properties of its citizens in the aforementioned event. The insurance that is followed particularly the fire insurance is in question, as it is perceived that an earthquake insurance is only and add-on or it is not as important as fire insurance. Also, the effect of an earthquake to the economy is taken into consideration. It is the main reason why the police power of the government will be observed in the implementation of the mandatory earthquake insurance.
This study addressed the said issue by looking into related Philippine laws, particularly the Insurance Code, National Building Code and discussions in order to share some insight about the possible solution to the unpredictable disaster that the Philippines encounter. Furthermore, the researchers also compared the situation of the different countries and how they responded when faced with disasters particularly earthquakes.
The study proved that mandatory earthquake is violative of the equal protection clause under the 1987 Constitution and the Universal Declaration of Human Rights. Hence, the researchers therefore concluded that the requirement of earthquake insurance is mandatory for commercial structures and establishments that are classified under group E to group I, as stated under the National Building Code of the Philippines. This conclusion is grounded on the law that the powers of the local government must be liberally interpreted and it has the right to promote the general welfare of its constituents by taking the lead in providing basic services.
Abstract Format
html
Accession Number
TU19372
Shelf Location
Archives, The Learning Commons, 12F, Henry Sy Sr. Hall
Physical Description
1 volume (various foliations), illustrations (some color), 29 cm.
Keywords
Earthquake insurance--Philippines; Earthquake insurance--Law and legislation--Philippines
Recommended Citation
Abadilla, A. P., & Lanting, M. D. (2014). Predicting the unpredictable: A study on the feasibility of implementing a nationwide mandatory earthquake insurance policy. Retrieved from https://animorepository.dlsu.edu.ph/etd_bachelors/5616
Embargo Period
5-6-2021