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Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _2423

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

EXPLANATORY NOTE

The late Representative Pedro P. Romualdo originally filed this proposed
measure in the previous Congress. The Explanatory Note of the late
Representative Romualdo is herein reproduced and adopted as the

explanation for the filing of this bill:

The common issues raised by energy industry players consists of
red tape and difficulty in securing Environmental Impact
Assessment Reports and Environmental Compliance Certificates
and in securing permits in host local government units where their

existing plants or facilities will operate.

Existing power industry players are also faced with court cases
and are restricted to continue their operations and thereby
suffering millions of losses from unnecessary lawsuits and undue

delays in their operational projects and construction targets.


These are issues that were not foreseen as probable problems that
will beset prospective industry investors prior to the approval of
Republic Act No. 7638, otherwise known as the Department of

Energy Act of 1992,

These proposed amendments to Section 23 of Republic Act No.
7638 seek to provide better coordination between national
government agencies and local government units to allow
industry players to pursue their plans and operations after
compliance with existing policy standards, protocols, and

contracts approved by the Department of Energy.

The new Section 23-A will prevent unnecessary delays and
millions of losses with a clearer policy that will guide the courts in
issuing restraining orders on priority projects under the

Department of Energy.

In view of the foregoing, the support of the Members of Congress for the

timely passage of this proposed measure is earnestly requested.

, i


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS,

First Regular Session

House Bill No. 2423

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO

AN ACT
AMENDING REPUBLIC ACT NO. 7638, OTHERWISE KNOWN AS THE
DEPARTMENT OF ENERGY ACT OF 1992

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

Section 1. Section 23 of Republic Act No, 7638, otherwise known as the

Department of Energy Act of 1992, is hereby amended to read as follows:

Section 23. Relationship with Other Government Departments.~ The
Department and its priority projects shall enjoy preferential
[treatment] ATTENTION FROM THE DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES AND OTHER
EXECUTIVE DEPARTMENTS, AGENCIES, AND OFFICES
RELATIVEto the exploration, development, exploitation, and
extraction of petroleum, coal, and other geothermal resources,
and in the matter of providing technical AND OTHER support
necessary for the establishment of power-generating plants[-],
INCLUDING, AMONG OTHER THINGS, THE PROVISION OF
ENVIRONMENTAL IMPACT ASSESSMENT REPORTS AND

ENVIRONMENTAL COMPLIANCE CERTIFICATES.


1 Upon request of the Department or any of its bureaus, all LOCAL

2 GOVERNMENT UNITS AND government agencieswith functions
3 relative to the approval of the projects of the Department or its
4 duly authorized and endorsed entities, whether government or
Si private, shall act upon and resolve the matter within ten (10)
6 calendar days. Toward this end, the Secretary, with the approval
7 of the President, may establish an interagency secretariat for the
8 purpose of expediting the approval of said projects,

9

10 HOST LOCAL GOVERNMENT UNITS SHALL EXPEDITE THE
a APPROVAL AND RELEASE OF PERMITS APPLIED FOR BY
12 INVESTOR-APPLICANTS FOR THEIR POWER PROJECTS DULY
13 ENDORSED BY THE DEPARTMENT OF ENERGY TO AVOID
14 UNREASONABLE DELAYS IN THE IMPLEMENTATION OF THE
15 SAME.

7 Section 2. A new provision, numbered Section 23-A, is hereby inserted after

8 Section 23 of the same Act and shall read as follows:

19

20 SECTION. 23-A. RESTRICTION ON THE ISSUANCE OF TEMPORARY
21 RESTRAINING ORDERS OR WRITS OF PRELIMINARY INJUNCTION.
22 - NO TEMPORARY RESTRAINING ORDER OR WRIT OF
a PRELIMINARY INJUNCTION SHALL BE ISSUED BY ANY COURT
24 AGAINST THE IMPLEMENTATION OF ANY PRIORITY PROJECT OF

25 THE DEPARTMENT REFERRED TO IN THE PRECEDING SECTION,


UNLESS THERE IS PRIMA FACIE EVIDENCE THAT THE
PARTICULAR PROJECT WAS CONCEIVED, PREPARED, OR
IMPLEMENTED WITH EVIDENT BAD FAITH OR GRAVE ABUSE OF
AUTHORITY: PROVIDED, THAT WHENEVER SUCH TEMPORARY
RESTRAINING ORDER OR PRELIMINARY INJUNCTION IS ISSUED,
THE COURT THAT ISSUED THE SAME SHALL, WITHIN TEN (10)
DAYS FROM SUCH ISSUANCE, SUBMIT A REPORT TO THE
SUPREME COURT SETTING FORTH IN DETAIL THE GROUNDS OR

REASONS FOR THE SAME.
Section 3. All laws, decrees, executive orders, proclamations, rules and
regulations and other issuances or parts thereof which are inconsistent with

the provisions of this Act are hereby repealed or modified accordingly.

Section 4. This Act shall take effect immediately after its publication in a

newspaper of general circulation.

Approved,