Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Se'ssion
Hou`sEBiLLNo.6167
DATE-i:
7 ,TAEREIT6F}
;  "E:£C7rty
Introduced by Rep. LORETO 8. ACHARON
EXPLANATORY NOTE
Sections 11 and 19 of the 1987 Philippine Constitution provides for the dispersal of ownership
and  de-monopolization  of public  utilities,  an  implied  objective that  Republic Act  No.  9136
otherwise known as the Electric Power Industry Reform Act of 2001 has provided for under
Section 28.
Even so, conflicts in the laws prohibiting monopoly and concentration of ownership of public
utilities still exist that restrict further widenin.g of ownership thus in the first`State of the
Nation Address of His Excelleney President Ferdinand Romualdez Marcos, Jr., the amendment
of certain. provisions of RA 9136 is a priority.
This bill therefore seeks the amendment of Section 28 of the EPIRA Law which  is aimed  at
lowering further the cap on the percentage of the voting shares of stocks held by persons,
natural or juridical, including directors, officers, stockholders, and other related interests, in
a distribution utility and their respective holding companies.
This amendment when enacted hopes to improve the implementation of the law's provisions
and enhance its effecti.veness to address the high cost of electricity, allegations of market
collusion and insufficiency of power supply by attracting better investments and creation of
an environment conducive to healthy competition.
In view of the foregoing, the passage of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HousEBiLLNo.6137
Introduced by Rep. LORETO 8. ACHARON
AN
ACT AMENDING SECTION 28 0F REPUBLIC ACT NUMBERED 9136 OTHERWISE
KNOWN AS THE ELECTRIC POWER INDUSTRY REFORM ACT 0F 2001
Be. it enacted by the Senate and the House Of Representatives Of the Philippines in Congress
assembled:
SECTION I. Section 28 of Republic Act No. 9136 is hereby amended to read as follows:
EEC.. 2?.   D.e-Monopolization   and   Shareholding   Dispersal   -Tn   comp+ian®e   with  the
constitutional mandate for dispersal of ownership and de-monopolization of public utilities, the
holdings of persons, natural or juridical, including directors, officers, stockholders, and related
interests,  in  a  distribution  utility  and their  respective  holding  companies  shall  not  exceed
FIFTEEN(15%)percentofthevotingsharesofstcokunlesstheutilityofthecompanyholding
the shares or its controlling stockholders are already listed in the Philippine Stock Exchange
(PSE):Provi.decJ,thatcontrollingstockholdersofsmalldistributionutilitiesareherebyrequired
to list in the PSE within five (5) years from the enactment of this Act if they already own the
stocks. New controlling stcokholders shall undertake such listing within five (5) years from the
tine they acquire ownership and control.  A small distribution company is one whose peak
demandisequaltoorlessthanTenMegawatts(10MW).TheERCshall,withinsixty(60)days
from the effectivity of this Act, promulgate the rules and regulations to implement and effect
this provision. This Section shall not apply to electric cooperatives.
SEC. 2. Imp/emenfl.ng Jew/es a#d Jiegri/af!.our - The DOE shall, in consultation with relevant
government agencies, the electric power industry participants, non-government organizations, and end-
users,promulgatethelmplementingRulesandRegulations(IRR)oftheActwithinsixty(60)days from
the effectivity of this Act, subject to de approval of the Power Commission.
SEC.  3.  EJorect.vjty -This  Act  shall  take  effect  fifteen  (15)  days  after  completion .of its
publication in the Official Gazette or in two (2) newspapers of general circulation.
APPROVED.