State takeover of public utility

President Gloria Macapagal-Arroyo issued proclamation No. 1017 which declared a state of national emergency on February 24, 2006.
One of the main constitutional bases in issuing the proclamation is Section 17 Article XII, which is the chapter on National Economy and Patrimony. It states:

"Sec. 17. In times of national edmergency, when the public interest so requires, the state may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest."

Sedition & Inciting to Sedition

The buzz words by law enforcement officials today are sedition and inciting to sedition.

Sedition and inciting to sedition are two separate felonies that are punishable under our Revised Penal Code.

The felony of Sedition is one ofthe crimes against the public order and is can be found in Article 139 of the Revised Penal Code. It states:

"Art. 139. Sedition - How committed. The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:

1.To prevent the promulgation or execution of any law or the holding of any popular election;

2. To prevent the National Government, or any provincial or municipal government,or any public officer therefrom freely exercising its or his functions, or prevent the execution of any administrative order;

3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4. To commit, for any political or social end, any act of hate or revenge against private person or any social class; and

5. To despoil, for any political or social end, any person municipality or province, or the National Government of all its property or any part thereof."

Inciting to Sedition, meanwhile is a different felony under Article 142 of the Revised Penal Code:

"Art. 142. Inciting to sedition. - The penalty of prision correccional in its maximum period and fine not exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by menas of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Government of the Philippines, or any of the duly constituted authorities thereof, which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people agasint the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices."

Car insurance fraud II

Let us discuss one of the simplest form of car insurance fraud.
In this type of fraud, this is a conspiracy between the car repair shop and the car owner.
The car owner meets an accident. He bumped a wall resulting in damage to the front bumper and perhaps the fender.
The car owner then brings it to the car repair shop.
Some unscrupulous car repair shops will intentionally cause more damage to some parts of the car.
For example, instead of just the bumper and the fender being damaged, the car repair shop will intentionally damage the headlights. The car owner will not object to this, thinking that this is to his advantage because he will get a new set of headlights, charge to the insurance company.
So, when a claim is made to the insurance company, it will not be just the bumper and fenders claimed for indemnification, but also the headlights which was not actually destroyed as a result of the accident.
Remember that car insurance, like any insurance is only an indemnification resulting from a peril.
Insurance is there to restore the insured to the same condition prior to the peril.
Insurance is not a scheme to enrich the insured.
Insurance companies have their own meticulous and highly experienced in-house adjusters and evaluators.
These claims evaluators can easily smell an anomaly, when there is one.
The claims evaluators will closely re-trace the point of impact and can determine which parts are affected for a particular impact.
They know which damaged parts are not accident-related, therefore not compensable.

Fraud in car insurance claims I

Just about anything in car insurance claims is prone to fraud.
Having handled car insurance cases for a number of years, I just get amused sometimes of the ingenuity of these defrauders in making car insurance claims.
It is not unusual that car repair shops are in cahoots with the policyholders themselves.
Worse, some may be in cahoots with crooks in the Land Transportation Office.
First, we need to discuss briefly the nature of the car insurance business
A car owner will have to insure his unit with a non-life insurance company.
This is to protect him, in the event of an unknown peril. If a car owner meets an accident, if his car is covered by insurance, then the insurance company will indemnify the owner, meaning the insurance company will pay the costs of repairing the car and restoring it to its condition previous to the accident.
In this simple example, it would be called “own-damage” claim.
Third party damage: A car owner will also insure his unit against third party property damage.
In other words, if a car will cause damage to somebody else’s property, naturally, he will have to pay the owner of the damaged property.
If the car is insured against third party property damage, the insurance company will shoulder the costs
There is also an insurance against third party injury.
If a car owner will meet an accident and causes injury to a third party, like bumping a pedestrian, then some form of payment will have to be given to the injured third party.
If the car is insured against third party injury, then the insurance company will indemnify for the damaged caused upon the third party.
What usually happens is that a car owned will just procure a “comprehensive” insurance on his car or vehicle.
In such case, he is covered by insurance for all the above perils, plus coverage against theft.

Podcasting

I would like to podcast soon. Podcasting is the way to go. If blogging is to be able to express through scribbling, podcasting is expressing using audio facilities. Podcasting means you create your own radio program.

I am learning the ropes. I have gotten free tutorials from the internet as there are kind people who share their knowhow in podcasting.

There is one from New York who gives a step by step instruction into podcasting. He makes recommendations on what necessary facilities to use. So in a few days, I hope to be able to podcast.