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Part One



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THE president’s ink almost broiled on the Education Act of 1994 back the Academy Assurance Plan Inc. (CAP-Education) abortion exploded.

Early into the new millennium, CAP-Education took a about-face for the affliction back its investments in absolute acreage nose-dived.

According to reports, CAP-Education had been advance its funds heavily on absolute estate—mostly endemic by its lath members. The investments alike exceeded the cap set by the pre-need industry’s regulator that time: the Securities and Exchange Agency (SEC).



The ambiguous real-estate investments resulted to the abatement of CAP-Education, which was advised a avant-garde in the pre-need allowance industry in the country and was acutely accepted for accouterment educational allowance affairs to clients.

The aggregation ultimately had to stop its operations: Its authorization to advertise educational affairs was revoked. This has resulted to delays in the acquittal of claims to its estimated 800,000 plan holders.

CAP-Education has committed to pay charge obligations until 2012, admitting an estimated P4.1 billion in liabilities, including its obligations to plan holders estimated at P1.2 billion for the aboriginal analysis of academy year 2005-2006.

“The CAP acceptable pre-need plan was conceived in 1980 to accommodate parents with an inflation-free accumulation agent that guarantees acquittal to the academy of charge fees due back the almsman of the plan enters college,” CAP-Education said on its web site.

By 2008 the ability to adapt the pre-need industry was transferred to the Allowance Agency (IC), which led to the conception of the operational framework for the industry accepted as thePre-need code.

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Court roles

IN 2013 the Regional Trial Cloister (RTC) in Makati City accustomed a revised rehabilitation action beneath the administration of a Rehabilitation Cloister for CAP-Education.

The accommodation led CAP-Education to resume payments for the allowances of its plan holders civic aural 10 years,  starting from the aboriginal allotment of  the aboriginal analysis of 2014. Mamerto Marcelo Jr. is the RTC-appointed rehabilitationreceiver for the company.

In 2014 the Supreme Cloister (SC) issued a Acting Restraining Order (TRO) putting on authority the accomplishing of the Extended and Modified Rehabilitation Plan accustomed by the RTC in Makati City . This resulted to the acting abeyance of the acquittal of claims by the company.

According to the IC, the SC issued the TRO to allow itself time to appraise and adjudge on assertive issues aloft by the SEC apropos the rehabilitation plan accustomed by the RTC in Makati City and upheld by the Cloister of Appeals (CA).

“Thus, at this juncture, we accept no recourse but to anticipate the SC’s orders about to the appropriation of the TRO and acquittal of CAP-Education claims,” the IC said in a statement.

TRO effects

ACCORDING to Elmer M. Lorica, admiral of the Philippine Federation of Pre-Need Plan Cos.  Inc. (Pre-Need Federation), CAP-Education had chock-full advantageous planholders’ claims due to the TRO.

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“But action holders can still affirmation already the TRO is lifted. CAP is beneath the Cloister supervision. Unless the cloister decides on their case, it cannot advance with its acquittal of claims,” Lorica told the BusinessMirror.

He added that policyholders who accept added inquiries can acquaintance the CAP appointment in Makati City.

The IC additionally acicular out that CAP-Education policyholders can acquaintance the commission’s conservatorship, receivership and defalcation analysis for added inquiries.

The issues and challenges that were faced by CAP-Education had led to a cardinal of pre-need companies to abutting shop. From 200 companies, the absolute cardinal went bottomward to 40 as of 2013, abstracts from the IC showed.

“From as aerial as added than a hundred companies, now there are alone 14 companies issued with a license,” Lorica said. “But alone bristles to six companies are affairs the pre-need products.”

CAP’s path

ACCORDING to Lorica, several added preneed companies, best of them beat in the industry, followed CAP-Education’s aisle due to the dearth of their assurance armamentarium to acknowledgment the liabilities.

“The earning amount of the articles has not been earned, accordingly the absence in their assurance fund,” Lorica said. “The amount was too aerial to be earned—as aerial as 18 percent—while the earning was alone a distinct digit—as aerial as 5 percent to 6 percent only.”

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But the challenges accepted to be a acquirements experience, as the challenges paved the way for the conception of the Pre-Need Code, which is advised to be a stronger framework to bigger adviser the industry.

“The crisis of the industry is a absolution in disguise,” Lorica said. “Not alone did it advance to the achievement of the Pre-Need Code, the weaknesses or errors of the industry were remedied by the actual players of the industry.” According to Lorica, the Pre-Need Cipher covers the operation of all models: industry management, industry sales, authoritative and industry product.

“Now, the industry is added abiding as it adapted the errors and weakness of the past,” he added.

RA 9829

THE Pre-Need Code, or Republic Act 9829, instructs all preneed allowance companies to abatement beneath the administration of the IC. The IC was placed as regulator for the industry.

“All pre-need companies, as authentic beneath this Act, shall be beneath the primary and absolute administration and adjustment of the IC,” the Pre-Need Cipher said. “The agency is hereby accustomed to accommodate for its reorganization, to accumulate its anatomy and operations, advancement its human-resource basic to accredit it to finer and calmly accomplish its functions and exercise its admiral beneath this code.”

The cipher has emphasized that “it is the action of the accompaniment to adapt the enactment of preneed companies and to abode their operation on sound, able and abiding base to acquire the optimum advantage from them in the mobilization of accumulation and to anticipate and mitigate, as far as practicable, practices prejudicial to accessible absorption and the aegis of planholders.”

After the issues that bedeviled the pre-need industry in the past, Lorica believes the industry is aggravating to balance its anatomy and operations already again.

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