Insurance No. 140 ALMENDRAS MINING CORPORATION, petitioner, vs.

OFFICE OF THE INSURANCE COMMISSION and COUNTRY BANKERS INSURANCE CORPORATION,respondents. G.R. No.72878 FACTS: 1. On September 3, 1984, the marine cargo vessel LCIDon Paulo, owned by Almendras Mining Corporation (AMC) was forced aground after having been hit by strong winds and tidal waves. Subsequently, in a letter dated September 6, 1984, AMC notified its insurer, Country Bankers Insurance Corporation (Bankers) of its intention to file a provisional claim for indemnity for damages. 2. Salvage operations was done on the vessel but delay of the repair was caused by the unavailability of the spare parts. AMC and Bankers agreed, in a hearing before the Insurance Commissioner, that the four damaged engines will be replaced by one brand new one and three reconditioned engines. The engineers undertaking the repair work certified that the brand new engine met the engineering requirement of the vessel. 3. AMC claimed that the new engine was not at par and instead demanded the cash settlement of its insurance claim. Based on the meeting held on August 1985 before the Insurance Commissioner, the parties was agreed that the sole issue for resolution was the revocation or suspension of the certificate of Bankers to engage in the insurance business. 4. The Insurance Commissioner issued a resolution ordering the dismissal of AMCs complaint. It was determined that the delay in the repair was not unreasonable nor was it due to any unfair claim settlement practice. AMCs motion for reconsideration was denied. 5. AMC then filed a petition with the Supreme Court for certiorari on November 28, 1985. ISSUE: Whether or not the Supreme Court has jurisdiction to try and decide this case. HELD: The Supreme Court held that it has no jurisdiction to try and decide the case. AMC should have appealed the decision of the Insurance Commissioner to the Office of the Secretary of Finance. 1. As stated in the Insurance Code, the Office of the Insurance Commissioner is an administrative agency vested with regulatory and adjudicatory authority. It has the authority to issue or refuse issuance of a Certificate of Authority to a person or entity desirous of engaging in insurance business in the Philippines and to revoke or suspend such Certificate of Authority upon finding of the existence of statutory grounds for such revocation or suspension. April 15, 1988

2. The Commissioner may issue such rulings, instructions, circulars, orders and decisions as he may deem necessary to secure the enforcement of the provisions of this Code, subject to the approval of the Secretary of Finance. Except as otherwise specified, decisions made by the Commissioner shall be appealable to the Secretary of Finance. 3. In this case, the scope of the issues involved having been so limited, the Insurance Commissioner was left with the task of determine whether or not Bankers was guilty of the acts constituting statutory ground for revocation or suspension of its Certificate of Authority. Clearly, the resolution of the Insurance Commissioner was issued in the performance of its administrative and regulatory duties and functions and should therefore, be appealed to the Office of the Secretary of Finance. 4. The present Petition for certiorari is neither proper nor appropriate substitute for such an appeal by AMC.