How to Make Your Will

ROAD MISHAPS AND INSURANCE

There are a lot of misconceptions when it comes to insurance. While it is true that the insurance industry in the Philippines has taken a huge leap in view of the passage of the New Insurance Code in 2013, little interest has been afforded by the society to this business sector.  Little is known about the huge contribution of this industry to our economy.  But I do not wish to dwell on that for now.  I am rather inclined to address a specific issue affecting insurance: Is the tortfeasor (another term for “wrongdoer”) exempt from civil liability because the injured (another term for “victim”) or the property damaged or lost is already covered by an insurance policy?

It is a common occurrence that in road mishaps or vehicular accidents, the wrongdoer would insist that he/she should be freed from monetary liability, either for the repair of the vehicle or for the “indemnity” for the life lost, because the victim or the injured party or the damaged vehicle is insured.  I myself have experienced this and I really had to argue on this matter. [Caveat: The use of the term “accident” is somewhat a misnomer because an accident is beyond our control or outside the sway of human will, but I will still use this term anyway with the understanding that what we are talking about here is a situation where there is an element of negligence on the part of the wrongdoer.  Okay?]

In insurance, we have the so-called Collateral Source Rule. Under this rule, if a victim receives compensation for his injuries from a source wholly independent of the wrongdoer, the payment should not be deducted from the damages which the injured would otherwise collect from the tortfeasor.  So, when the injured receives indemnification from an insurance company pursuant to an insurance policy, the wrongdoer cannot benefit therefrom. The injured can still proceed against or sue the wrongdoer for damages. That the injured or victim received money from the insurer does not even mitigate the liability of the wrongdoer.  

This, to my mind, is especially applicable to life insurance.  It is because of the intrinsic value of life. Meaning, the value of life of the deceased can never be quantified and any amount received as proceeds of the life insurance can never be equal to the value of the life of the victim. That is why life insurance is hardly considered as a contract of indemnity.

It is said though that the Collateral Source Rule is not applicable in property insurance, such as car insurance.  This is so because in property insurance, the insurer is subrogated (meaning, “substituted” or “put into the shoes of”) to the rights of the insured once the insurer has already indemnified the insured for the loss or damage. I submit, however, that this contention is true only when the entire loss or damage is covered by the insurance policy, but not when the property involved is not under-insured. There is under-insurance when the value of the policy is less than the actual value of the property. Also, in cases where the policy owner is made a co-insurer of the property by participating or sharing in the cost of the repair, I submit that the policy owner is still entitled to recover the same from the wrongdoer.  The victim should not also be barred from recovering kindred damages, which are not covered by the policy. 

TIPS FOR THE VOTERS

Three days to go and... it’s the National and Local Election Day! Finally!

Are you excited to cast your vote? For some of you, it may be your first time to exercise the fundamental right of suffrage. And you may be anxious about what you should do on that much awaited day.  For others, it may have been a regular experience every three years, not to mention the barangay and SK elections, but there is no harm when we remind ourselves of the basics. So, here, the SIMTIM GUNAY VIEJO LAW GROUP, by way of public service☺️, would like to give you some tips, based on the Resolutions issued by the Commission on Election (COMELEC).

THINGS TO REMEMBER WHEN VOTING ON MAY 13, 2019 NATIONAL & LOCAL ELECTIONS:

• Go to your assigned polling precinct from 6 a.m. to 6 p.m. on May 13, 2019.

• Better be early and do not wait until the last minute. Look for your name in the voters list posted near the precinct. You can bring a list of your candidates for your personal guidance, however, you cannot bring campaign materials.

• Fall in line in the holding area. Distribution of priority numbers is not allowed.

• Give your name, valid I.D., precinct number and sequence number to the Electoral Board (used to be the Board of Election Inspectors or BEIs). It is better to have with you an identification document like a valid I.D. especially when you have no photo appearing on the voter’s list and no one present can vouch on your identity. Note: A barangay certificate or community tax certificate is not honored.

• Get your ballot, ballot secrecy folder, marker, and go to the voting area. Make sure your ballot is clean of any mark. Do not make any mark on the ballot aside from the shadings for the candidates or else the machine will reject your ballot and you will not be given another chance to cast your vote.

• Vote wisely, of course.

• Undervoting and abstaining is allowed; overvoting is not. If you overvote, the vote will not be counted. Shade the entire oval corresponding to your candidate of choice. Cover your ballot using the ballot secrecy folder; even the poll watchers and EB cannot look at your ballot. Do not make any other marks on the ballot.

•  Feed your ballot into the vote-counting machine or more widely known as the VCM. Ask when in doubt.

• The machine has a green check button that casts your vote and a red "X" button that returns your ballot. If you don't press either in one second, the machine automatically casts your ballot and prints a receipt. The VCM screen will flash names of the candidates you voted for.

• Return the ballot secrecy folder and marker. Taking these materials out of the precinct is an election offense.

• Wait for your receipt to print and let the EB member cut your receipt (it is now called VVPAT or Voter Verifiable Paper Audit Trail)  from the machine.

• Do not tear or pull the VVPAT because it can cause the entire roll of thermal paper to be yanked, which may cause the VCM  to temporarily shut down. The assigned  EB member will cut the receipt using a pair of non-pointed scissors.

•  Have your right forefinger marked with indelible ink.

• Take your VVPAT and verify your vote. There, you can check your receipt if it reflects your votes correctly. If you have objections, inform the poll clerk. Make sure that your concerns are noted in the minutes and that you affix your signature at the back of your VVPAT, which must be attached to the minutes.

• Drop the VVPAT in the receptacle beside the VCM. Taking it out of the voting precinct is an election offense; meaning, you can go to jail.

• Leave the polling precinct

• Do not take photos and videos inside the polling place, or take photos of your ballot, the VCM screen, and your VVPAT — it is an election offense. Save the selfies until you're outside the polling place.

Assistance to PWD, Senior Citizen or Illiterate:

Should the PWD, senior citizen, or illiterate require help filling out the ballot, the following people are allowed to assist them:

• A relative within the 4th degree of consanguinity or affinity;

• A person who is of their confidence belonging to the same household; or

• A member of the Electoral Board (EB) present at the voting center.

They will need to take an oath for this purpose.

We hope that you will have a stress-free voting experience. ☺️

Feel free to 👍🏻 and SHARE and may we have a clean, honest, peaceful, and orderly NLE!

Photo Courtesy: Philippine News Agency