'  A
EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S.B. No. 
1 74
ifiiiicf o( tUr )&’f-ir!Ar;>
'19 Jli-2 P1:12
kiLtiyLbb-..
r
Introduced by SEN. WIN GATCHALIAN
AN ACT
PROVIDING THE NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR THE USE OF ELECTRIC VEHICLES, AND THE 
ESTABLISHMENT OF ELECTRIC CHARGING STATIONS
EXPLANATORY NOTE
A cursory survey of existing policy instruments governing the country's energy sector 
reveal twin mandates that are consistent across various legislative measures. First is 
the mandate of the government to reduce the country's dependence on imported 
fuel through the promotion of locally sourced energy.1 Second is the directive of the 
government to utilize and promote environmentally clean and ecologically safe 
energy sources to address the country's energy needs.2
Based on a 2017 report prepared by the Department of Energy (DOE), the country 
sources 44.7% of its energy needs from abroad.3 Bulk of the country's imported 
energy is used to address the energy requirements of the local transportation sector 
accounting for 37.2% of the total energy consumption of the country.4
The local transportation sector is highly dependent on foreign energy sources, with 
the country importing around 98% of its crude oil requirements.5 This in turn makes 
the commuting and driving public highly vulnerable to oil price movements in the 
global marketplace. Similarly, this same amount of imported energy consumed by
‘ Republic Act No. 7156 (1991), Republic Act No. 7638 (1992), Republic Act No. 9136 (2001), Republic Act No. 9367 (2006), and Republic Act No. 9513 (2008),
2 Republic Act No. «47S <1996). ■Republic -Act No. 9367 <2006), end Republic Act No. 9136 <2001).
* Republic Act No. 8479 (1998), Republic Act No. 9367 (2006), and Republic Act No. 9136 (2001).
J Philippine Energy Plan 2017*2040.
4 Id
s Based on https://www.doe.gov.ph/downstream-oH.


the local transportation sector results to around 23.5 million metric tons of carbon 
dioxide being released into the country's atmosphere, affecting the heaith and weH- 
being of the population.
Adopting vehicles which run on electric motor instead of the traditional internal 
combustion engine will allow the transportation sector to comply with the twin 
policies of enhancing energy independence and promoting clean energy laid across 
the country's energy policies. Also, a 2018 study shows that the operation and 
maintenance of electric vehicles (EVs) are likewise cheaper for the riding public at 
PhP 2.75 per kilometer for an electric jeepney compared to PhP 4.50 per kilometer 
for a diesel powered jeepney.6 Notwithstanding the foregoing, the upfront costs of 
owning an EV remain considerably high.7 
Furthermore, range anxiety due to 
inaccessibility of charging stations prevent customers from buying an EV.
This proposed measure creates a national policy and framework to encourage the 
uptake of electric vehicles in the public and private sector, which includes: (1) 
mandating all gasoline stations as well as public and private establishments to have 
designated parking areas for EVs; (2) requiring all designated EV parking areas to 
be installed with charging stations; (3) establishing an accreditation mechanism for 
all charging station service providers; (4) creating green routes exclusive to electric 
public utility vehicles; (5) including domestic EV manufacturing in the Investment 
Priorities Plan; and (6) providing value added tax exemption for purchase of electric 
vehicles.
For these reasons, the immediate passage of this measure is spdght.
’ page 49. EV Poky Compared; An Irtemadonal Comparison of Governments’ Poky Strategy Towards E-ttohkty. E-Mobtfty In Eiaope. Green Energy and Technology.


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
m
i . i *
SENATE
S.B. No. 
174
ol liK
•19 Jll-2 Pr-12
grrFlVi:Dg\-
Introduced by Senator W IN GATCHALIAN
AN ACT
PROVIDING THE NATIONAL ENERGY POLICY AND REGULATORY 
FRAMEWORK FOR THE USE OF ELECTRIC VEHICLES, AND THE 
ESTABLISHMENT OF ELECTRIC CHARGING STATIONS
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Be it enacted by the Senate and the House o f Representatives o f the Philippines in 
Congress assembled:
Section 1. Short Title. -  This Act shall be referred to as the "Electric Vehicles 
and Charging Stations Act."
Sec. 2. Declaration o f Policy. -  It is hereby declared the policy of the State 
to:
(a) 
Ensure the country's energy security and independence by reducing reliance 
on imported fuel for the transportation sector;
(b) Promote and support innovation in clean, sustainable, and efficient energy 
to accelerate social progress and human development by encouraging public 
and private use of new and alternative energy technologies; and
(c) 
Safeguard and improve the integrity, reliability, and stability of the country's 
electric power grid by optimizing the location of energy sources relative to 
demand.
Sec. 3. Scope and Application. -  This Act shall apply to the manufacture, 
importation, installation, and utilization of electric vehicles and charging stations.
Sec. 4. Definition o f Terms. -  For purposes of this Act, the following terms 
shall be defined as stated below:


1 
(a) 
Battery electric vehicle refers to a private, government-owned, or public
2 
utility vehicle (PUV) which is propelled by an electric motor engine, and
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powered by energy stored in an on-board battery pack which is charged
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through a charging station and used on public highways;
5 
(b) 
Battery pack refers to a completely functional system that includes battery
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modules, battery support systems, and battery-specific controls used to
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store and discharge electrical energy in an electric vehicle;
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(c) 
Charging fee refers to the amount imposed on electric vehicle users in
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exchange for the use of facilities of public charging stations. Its individual
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components shall be unbundled pursuant to regulations issued by the
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Energy Regulatory Commission (ERC);
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(d) 
Charging station refers to the physical infrastructure built and designed to
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deliver electrical energy from an electricity source to a battery pack. 
Its
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components include connectors, conductors, fittings, and other associated
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equipment. It may be for private or public use;
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(e) 
Charging Station Roii-Out Rian (CSROP) refers to a proposed plan of a
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particular charging station service provider to install and operate charging
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stations in specific gasoline stations as well as private and public buildings
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and establishments within the franchised area of a distribution utility;
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(f) 
Charging station service provider refers to a natural or juridical person, duly
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registered with the Department of Energy (DOE), who sells, installs,
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maintains, owns, or operates charging stations or any of its components for
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a fee;
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(g) 
Charging Infrastructure Development Rian (CIDP) refers to the annual
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report submitted by distribution utilities to the DOE outlining, among others,
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the siting of existing and planned charging stations and synchronization of
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charging stations with the distribution system. It shall be incorporated in
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the Distribution Development Plan and Power Development Plan. The CIDP
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shall consider the submitted CSROP of a charging station service provider
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which intends to operate in a distribution utility's franchise area;
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(h) Distribution 
Development 
Rian 
(DDR) 
refers 
to 
the 
expansion,
32 
reinforcement, and rehabilitation program of the distribution system, which


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is prepared by the distribution utility and submitted to the DOE for
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integration with the Power Development Plan and the Philippine Energy
3
Plan. 
In the case of electric cooperatives, such plans shall be submitted
4
through 
the 
National 
Electrification 
Administration 
for 
review 
and
5
consolidation;
6
(i)
Distribution system refers to the system of wires and associated facilities
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belonging to a franchised distribution utility, extending between the delivery
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points on the transmission, sub-transmission system, or generating plant
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connection and the point of connection to the premises of the end-user;
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0 )
Distribution utiiity (DU) refers to any electric cooperative, 
private
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corporation, or government-owned utility which has a franchise to operate a
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distribution system including those whose franchise covers economic zones;
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(k)
Electric vehicle (EV) refers to either a battery electric vehicle or a plug-in
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hybrid electric vehicle as defined under this Act;
IS
(1)
Electric Vehicle Manufacturing Roadmap (EVMR) refers to an annual plan to
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incentivize, increase, and improve manufacturing of EVs and charging
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stations in the country, whether for domestic or international use, taking
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into consideration the EVR, 
Philippine Energy Plan, and 
Philippine
19
Development Plan as well as the incentives provided for in this Act and
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other relevant laws, rules, and regulations;
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(m)
Electric Vehicle Roadmap (EVR) refers to an annual comprehensive plan to
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accelerate the electrification of transportation. 
It shall include strategies
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and measurable targets to increase EV adoption, hasten the build-out of
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charging infrastructure, support the electrification of PUVs, incentivize
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alignment with grid needs, and coordinate with grid modernization and
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planning to maximize energy resources. 
It shall incorporate the Power
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Development Plan and PUV modernization program, insofar as EVs and
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charging stations are concerned. It shall be incorporated in the Philippine
29
Energy Plan;
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(n)
Green routes refer to public transportation routes created or identified by
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local government units (LGUs) to be exclusively traversed by electric PUVs;
3


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(o) Joint Congressional Energy Commission (JCEC) refers to the joint
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congressional body created under Republic Act No. 9136, otherwise known
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as the Electric Power Industry Reform Act of 2001, and renamed pursuant
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to Republic Act No. 11285, otherwise known as the Energy Efficiency 
and
5 
Conservation Act;
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(p) Investment Priorities Plan (IPP) refers to the annual over-all plan prepared
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by the Board of Investments (BOI) under Article 26 of Executive Order No.
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226, otherwise known as the Omnibus Investments Code of 1987;
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(q) 
Philippine Distribution Code (PDC) refers to the set of rules that governs the
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distribution system in the country promulgated by the ERC pursuant to its
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mandate under Republic Act No. 9136;
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(r) 
Philippine Electrical Code (PEC) refers to the set of rules that ensures safety
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in electrical installation and construction mandated under Republic Act No.
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7920, otherwise known as the New Electrical Engineering Law;
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(s) 
Philippine Grid Code (PGC) refers to the set of rules and regulations
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governing the reliable operation, maintenance, and development of the
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high-voltage backbone transmission system and its related facilities as
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promulgated by the ERC pursuant to its mandate under Republic Act No.
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9136;
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(t) 
Philippine Energy Plan (PEP) refers to the overall energy program
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formulated and updated yearly by the DOE and submitted to Congress
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pursuant to Republic Act No. 7638, otherwise known as the Department of
23 
Energy Act of 1992;
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(u) 
Piug-in hybrid electric vehicle refers to a private, government-owned, or
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PUV which is propelled by a combination of a traditional internal combustion
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engine and an electric motor engine, and powered by energy stored in an
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on-board battery pack which is charged through a charging station and used
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on public highways;
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(v) 
Power Development Plan (PDP) refers to the indicative plan for managing
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electricity demand through energy-efficient programs and for the upgrading,
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expansion, rehabilitation, repair, and maintenance of power generation and


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transmission facilities, formulated and updated yearly by the DOE in
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coordination with the generation, transmission, and distribution utilities;
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(w) Private buildings and establishments refer to residential, commercial, and
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industrial structures owned or leased by private persons or juridical entities,
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and in the case of commercial and industrial structures, whose goods and
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services are available to the public;
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(x) 
Private charging stations refer to charging stations installed in private
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buildings and establishments which are not open for use by the public;
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(y) 
Public buildings and establishments refer to structures owned or leased by
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the government through its departments, agencies, bureaus, offices,
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corporations, and LGUs; and
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(z) 
Public charging stations refer to charging stations installed in public
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buildings and establishments, gasoline stations, and select private buildings
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and establishments which are available for use by the public for a fee.
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Sec. 5. Pole o f the Department o f Energy. -  The DOE shall determine the
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general policy direction and specific policy measures required to promote the
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adoption of EVs and charging stations, and shall:
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(a) Prepare the EVR together with the Department of Transportation (DOTr), in
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coordination with the Department of Trade and Industry (DTI), and other
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relevant government agencies;
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(b) Regularly accredit charging station service providers, and publish on its
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website a quarterly inventory of all accredited charging station service
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providers and a list of all charging stations in the country;
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(c) Require charging station service providers and DUs to submit their respective
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CSROPs and CIDPs;
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(d) Enforce compliance with mandatory open access installation of charging
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stations as required under Sections 12 and 13 of this Act;
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(e) Mandate the unbundling of charging fees imposed by public charging stations;
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(f) Aggregate and centralize data from ERC, DTI, DOTr, Department of
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Environment and Natural Resources (DENR), Land Transportation Office
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(LTO), Land Transportation Franchising and Regulatory Board (LTFRB), Metro


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Manila Development Authority (MMDA), Philippine Competition Commission
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(PCC), LGUs, and other relevant government agencies insofar as EVs and
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charging stations are concerned; and
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(g) Perform all other acts that are analogous to the foregoing, which are
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necessary and incidental to accomplish the policy objectives of this Act.
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Sec. 6. Role o f the Energy Regulatory Commission. -  In addition to its
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functions under Republic Act No. 9136, the ERC shall:
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(a) 
Promulgate uniform and streamlined rules, requirements, and standards for
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the following:
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(i) Application of charging station service providers with DUs,
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(ii) Connection of charging stations to the distribution system, and
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(ii) Operation of self-generating charging stations;
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(b) 
Ensure charging stations are compliant with the PEC, PDC, PGC, and other
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relevant laws, rules, regulations, and standards. 
The ERC shall conduct
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regular inspections towards this end;
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(c) 
Regulate the rates charged by DUs on all charging stations, taking into
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account, among others, the utilization of the charging station, the promotion
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of efficiency, the unique requirements of charging stations, and its effect on
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the DU's demand profile and distribution system;
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(d) 
Exercise exclusive jurisdiction over all matters that pertain to rate setting in
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this Act; and
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(e) 
Perform all other acts that are analogous to the foregoing, which are
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necessary and incidental to accomplish the policy objectives of this Act.
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Sec. 7. Role o f the Department o f Transportation. -  In addition to its
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functions under Executive Order No. 292, otherwise known as the Administrative
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Code of 1987, as amended by Republic Act No. 10844, otherwise known as the
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Department of Information and Communications Technology Act of 2015, the DOTr
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shall:
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(a) 
Prepare the EVR together with the DOE, in coordination with the DTI and
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other relevant government agencies;


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(b) Determine specific classifications for EVs, and promulgate uniform and 
streamlined rules and requirements for their registration;
(c) 
Incorporate the electrification of PUVs in its PUV modernization program; 
and
(d) Mandate the inclusion of green routes in the respective Local Public 
Transport Route Plans of the LGUs.
Sec. 8. Role o f the Department o f Trade and Industry. -  In addition to its 
functions under existing laws, the DTI shall:
(a) Establish national quality and safety standards for EVs, battery packs, 
charging stations, and other associated equipment. 
These standards shall 
include terminology, product, process, service, and interface;
(b) 
Prepare the EVMR, in coordination with DOE, DOTr, BOI, and other relevant 
government agencies; and
(c) 
Coordinate with the DOE and DOTr in the preparation of the EVR.
Sec. 9. Role o f Local Government Units. -  In addition to its functions under 
Republic Act No. 7160, otherwise known as the Local Government Code of 1992, 
LGUs shall:
(a) Identify green routes in their respective Local Public Transport Route Plan;
(b) Include the electrification of PUVs in their respective development plans; and
(c) Ensure compliance of public and private buildings and establishments with 
Section 11 of this Act.
Sec. 10. Role o f the Department o f Environment and Natural Resources. -  In 
addition to its functions under Executive Order No. 192, otherwise known as 
Providing the Reorganization of the Department of Environment, Energy and Natural 
Resources and Renaming it to the Department of Environment and Natural 
Resources, the DENR shall, in consultation with the DOE, DOTr, DTI, and other 
public and private stakeholders, promulgate rules and guidelines on the recycling 
and disposal of battery packs and other components of an EV.
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Sec. 11, Dedicated Parking Slots for Electric Vehicles in Private and Public 
Buildings and Establishments. -  Private and public buildings and establishments 
constructed after the effectivity of this Act and pursuant to Republic Act No. 6541, 
otherwise known as the National Building Code of the Philippines, shall designate 
dedicated parking slots for the exclusive use of EVs: Provided, That the number of 
dedicated parking slots shall be proportional to the total number of parking slots 
within the building or establishment. Provided further, That the use of dedicated 
parking slots by vehicles other than EVs shall be punishable under Section 22 of this 
Act. Provided finally. That existing private and public buildings and establishments 
upon the effectivity of this Act shall comply with the foregoing requirements within 
five (5) years from effectivity of this Act.
No permit shall be issued for the construction or renovation of a building or 
establishment unless the owner submits to the building official of the relevant LGU 
and DOE a sworn affidavit that there are parking spaces dedicated for the exclusive 
use of EVs, and a copy of the building plan incorporating the same.
Sec. 12. Open Access Installation o f Charging Stations in Dedicated Parking 
Slots. -  Dedicated parking slots built in accordance with Section 11 shall be installed 
with a charging station. Provided, That the owner of the private or public building or 
establishment shall allow a third party charging station service provider to install, 
operate, or maintain the charging station, or enter into any other contractual 
arrangement with such third party charging station service provider in fair, 
reasonable, and nondiscriminatory terms: Provided further. That the owner of the 
private or public building or establishment may act as its own charging station 
service provider by constituting itself as a charging station service provider pursuant 
to the provisions of this Act: Provided finally. That if a DU engages in the business of 
a charging station service provider, it shall do so in accordance with Section 26 of 
Republic Act No. 9136.
Sec. 13. Open Access Installation o f Charging Stations in Gasoline Stations. -  
Gasoline stations shall designate dedicated spaces for the installation of charging 
stations: Provided, That the owner of the gasoline station shall allow a third party 
charging station service provider to install, operate, or maintain the charging station.


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or enter into any other contractual arrangement with such third party charging 
station service provider in fair, reasonable, and nondiscriminatory terms: Provided 
further, That the owner of the gasoline station may act as its own charging station 
service provider by constituting itself as a charging station service provider pursuant 
to the provisions of this Act: Provided finally, That a gasoline station shall not be 
issued a construction, operation, or compliance permit by the DOE unless the owner 
submits a sworn affidavit that there is ample space for the construction of charging 
stations within its premises.
Sec. 14. Use o f Charging Stations in Dedicated Parking Spaces and Gasoline 
Stations. -  All charging stations installed in public buildings and establishments, and 
gasoline stations shall be public charging stations. 
Private buildings and 
establishments may designate public charging stations. 
Only public charging 
stations shall be allowed to impose and collect charging fees.
Sec. 15. Permits for the Instailation o f Charging Stations. -  All government 
agencies including LCDs shall provide for a uniform and streamlined permitting 
process for the installation, operation, maintenance, replacement, and removal of 
charging stations: Provided, That the process shall be covered by the provisions of 
Republic Act No. 11234, otherwise known as the Energy Virtual One-Stop Shop Act.
Sec. 16. Duties and Responsibilities o f Charging Station Service Providers. -  A 
charging station service provider shall have the following duties and responsibilities:
(a) Comply with the rules, requirements, and standards of the DOE and ERC in 
accordance with Sections 5 and 6 of this Act, and permits and licenses of 
government agencies and LCDs in accordance with Section 15 of this Act;
(b) Pay the DU for electricity consumption from the use of the charging station in 
cases where the charging station service provider is the owner or operator of 
the charging station; and
(c) Regularly submit to the DOE an unbundled structure of the charging fees 
imposed on EV users, in the case of public charging stations owned or 
operated by the charging station service provider.


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Sec. 17. Fiscal Incentives. -  The following activities shall be included in the 
annual IPP of the BOI and shall be entitled to the incentives provided under 
Executive Order No. 226 and other applicable laws for ten (10) years from the 
effectivity of this Act: Provided, That after the aforementioned period, the inclusion 
of these activities in the annual IPP shall be reviewed and may be extended by the 
BOI:
(a) 
The purchase and importation of capital equipment, spare parts, and 
components used in the manufacture or assembly of electric vehicles and 
the construction of charging stations; and
(b) 
The manufacture or assembly of completely knocked-down parts, semi 
knocked-down parts, and semi-built units of electric vehicles and the 
construction of charging stations.
EV users shall be granted the following fiscal incentives, which shall be 
available for nine (9) years from the effectivity of this Act:
(a) 
Exemption from the payment of value added taxes in the purchase of EVs;
(b) 
Exemption from the payment of the motor vehicle user's charge imposed 
by the LTO under Republic Act No. 8794, otherwise known as Motor 
Vehicle User's Charge Act; and
(c) 
Exemption from on-street parking fees imposed LGUs to local traffic and 
zoning ordinances, and other similar rules and regulations.
Sec. 18. Non-Fiscai Incentives. -  EV users shall be granted the following non­
fiscal incentives, which shall remain in force from the effectivity of this Act until 
explicitly repealed:
(a) 
Prioritization in the registration and renewal of registration, and issuance of 
a special type of vehicle plate by the LTO in accordance with Section 7(b) 
of this Act;
(b) 
Exemption from the mandatory unified vehicular volume reduction 
program, number-coding scheme, or other similar schemes implemented 
by the MMDA, other similar agencies, and LGUs; and
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(c) 
Prioritization with the LTFRB in the approval of applications for franchise to 
operate, including its renewal, for PUV operators that are exclusively 
utilizing EVs.
Sec. 19. Financial Assistance. -  Government financial institutions and other 
financial institutions, in accordance with and to the extent allowed by the enabling 
provisions of their respective charters or applicable laws, provide concessional 
financial packages for entities engaged in the activities mentioned in the first 
paragraph of Section 17 of this Act.
Sec. 20. Public Access to Information. -  The DOE, DOTr, DTI, DENR, ERC, 
LTO, LTFRB, MMDA, LGUs, and other relevant government agencies shall allow 
public access to all data and information in relation to the implementation of this 
Act: Provided, That such access is subject to Section 21 of this Act.
Sec. 21. Confidentiality. -  The DOE, DOTr, DTI, DENR, ERC, LTO, LTFRB, 
MMDA, LCDs, and other relevant government agencies shall not disclose any 
proprietary and confidential data unless prior consent of the source or owner of such 
data has been obtained by the requesting party, and that such disclosure is in 
accordance with Republic Act No. 10173, otherwise known as the Data Privacy Act of 
2012, and other relevant laws and regulations.
Sec. 22. Penalties. -  Without prejudice to civil liability, the following penalties 
shall be imposed upon any person, both natural and juridical, found guilty of 
violating Sections 11, 12, 13, and 14 of this Act:
(a) 
First Offense -  the penalty of arresto mayor or a fine of twenty thousand 
pesos (PhP 20,000.00), or both, at the discretion of the court;
(b) Second Offense -  the penalty of prision correccionai or a fine of fifty 
thousand pesos (PhP 50,000.00), or both, at the discretion of the court; and
(c) 
Third Offense -  the penalty of prision mayor or a fine of eighty thousand 
pesos (PhP 80,000.00), or both, at the discretion of the court.
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Sec. 23. Congressional Oversight. -  The JCEC shall exercise oversight powers 
over implementation of this Act. The DOE, DOTr, DTI, DENR, ERC, LTO, LTFRB, 
MMDA, PCC, and other relevant government agencies shall submit annual reports, 
which shall include the latest relevant data, implementation reports, and regulatory 
issuances, among others, to the JCEC not later than the fifteenth day of September.
Sec. 24. Implementing Rules and Regulations. -  The DOE together with the 
DOTR, and in coordination with DTI, DENR, ERC, LTO, LTFRB, MMDA, PCC, and 
other relevant government agencies and other electric power industry stakeholders, 
shall issue the implementing rules and regulations of this Act within sixty (60) days 
upon its effectivity.
Sec. 25. Separability Clause. -  If any portion or provision of this Act is 
declared unconstitutional, the remainder of this Act or any provisions not affected 
thereby shall remain in force and effect.
Sec. 26. Repeating Clauses. -  Any law, presidential decree or issuance, 
executive order, letter of instruction, rule or regulation inconsistent with the 
provisions of this Act is hereby repealed or modified accordingly.
Sec. 27. Effectivity Clause. -  This Act shall take effect fifteen (15) days 
following its complete publication in the Official Gazette or a newspaper of general 
circulation.
Approved,
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