AISPORNA V.

CA
G.R. NO. L-39419
APRIL 12, 1982
FACTS:
On or before June 21, 1969, defendant-appellant Mapalad Aisporna acted as agent in the
solicitation or procurement of an application for insurance of Eugenio Isidro for and in behalf of
Perla Compania de Seguros, Inc. without securing a certificate of authority to act as agent from
the office of the Insurance Commissioner. The trial court found her guilty of violating the first
paragraph of Section 189 of the Insurance Act. Moreover, the CA construed that the first
paragraph of Section 189 is independent from the two succeeding paragraphs and that the receipt
of compensation for the issuance of an insurance policy is not an essential element for a violation
of the first paragraph of Section 189 of the Insurance Act. The Office of the Solicitor General
disagreed, hence this petition.
ISSUE:
1. Whether or not the defendant-appellant can be convicted of violating the first paragraph of
Section 189 of the Insurance Act without referring to the second paragraph of the same section.
HELD:
1. No, the defendant-appellant cannot be convicted of violating the first paragraph of Section 189
of the Insurance Act without referring to the second paragraph of the same section.
The first paragraph of the said section states:
No person shall act as agent, subagent, or broker in the solicitation of
procurement of applications for insurance, or receive for services in obtaining new
insurance, any commission or other compensation from any insurance company doing
business in the Philippine Islands, or agent thereof, without first procuring a certificate of
authority so to act from the Insurance Commissioner
Consequently, the second paragraph reads:
"Any person who for compensation solicits or obtains insurance on behalf of any
insurance company shall be an insurance agent within the intent of this section, and
shall thereby become liable to all the duties, requirements, liabilities, and penalties to
which an agent of such company is subject.
The agent referred to in the first paragraph is the same agent referred to in the second
paragraph. Hence, the statute must be considered as a whole for the legislative intent to be
ascertained. A statute must be so construed as to harmonize and give effect to all its provisions
whenever possible. The meaning of the law is not to be extracted from any single part, portion or
section or from isolated words and phrases, clauses or sentences but from a general consideration
or view of the act as a whole. That means the first paragraph of Section 189 must be interpreted
in connection with the second paragraph. And since there was no allegation that the insurance
contracted by the accused was for compensation, the accused is acquitted of the crime charged.