a

15" CONGRESS of THE REPUBLIC
OF THE PHILIPPINES,
Second Regular Session

House Git 5306

Introduced by Congressman Rodel M.Batocabe

EXPLANATORY NOTE

In response to state policy of total electrification, access to electricity service by 9 million
consumer connections have been provided in the rural areas. ‘The ultimate beneficiaries represent
half of the Philippine population all living in areas being served by the 119 electric cooperatives
©
Electrification Administration (NEA) as mentor, counselor, supervisor and financier rolled into

nationwide, Bel

1d the achievements of the electric cooperatives is the National

one,

ECs are not mere cooperatives. They are large infrastructures operating as elect

utility in an
environment where compliances to performance standards and regulations are demanded of the

business. Within the provincial setting they catalyzed the growth in communications technology,
people empowerment, education, population control, health services, and most importantly, job
generation. Considered the most successful program pattemed after the US model, the ECs, with

an average of 65,000 — 85,000 member-consumers, continue to be important vehicles for

countryside development, making possible the positioning of the country among emerging hubs
and global trends for business processing outsourced services, economic zones, among others.
‘Thus the Electric Power Industry Reform Act (EPIRA) mandates NEA:

a. To prepare electric cooperatives in operating and competing under the deregulated
electric market in an environment of open access and retail wheeling;

b. To strengthen the technical capability and financial viability of rural electric
cooperatives; and

c. To review and upgrade regulatory policies with a view to enhancing the viability of rural
electric cooperatives as electric utilities,

The legislative intent of the bill is very timely and relevant to the critical issues that have
emerged on the privatization of NPC assets, the deregulation of elecirie generation sector,
regulations relating to open access and retail competition, corporate governance of electric
cooperatives, the requirements of open access for high-tech facilities, among others which
impact on the afore-stated additional mandate to NEA by the EPIRA. Necessarily, the charter
calls for the infusion of addi

| capital to enable it to guarantee EC transactions. The bill seeks
to empower NEA implement on the electric cooperatives the state policy for good governance;



enhance step-in rights to ensure that the NEA has adequate powers to protect investment in ECs
and provide them with options so as not to disrupt public service. The end goal is a stronger and
better improved rural electric service to meet the demands of globalization

The bill proposes that the NEA shall exercise regulatory and supervisory functions over all
electric cooperatives registered under RA 6038, PD 269 as amended, and those registered with
the Cooperative Development Authority (CDA) under RA 9520, and the Securities and
Exchange Commission (SEC).

In view of the foregoing, the immediate passage of the bill is earnestly sought.

Adopted

ODEL'M.BATOCABE
BICOL Party List


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session
Bes 5306

‘House Bill No.

Tntroduced by Congressman Rodel M. Batocabe

AN ACT STRENGTHENING THE NATIONAL ELECTRIFICATION
ADMINISTRATION (NEA), AMENDING PRESIDENTIAL DECREE NO. 269 FOR THE
PURPOSE

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

CHAPTER I POLICY AND DEFINITIONS

Section 1. Sections 1, 2, and 3 of Presidential Decree (PD) No. 269 is hereby
amended to read as follows:

Sec 1. Title. — [This Decree shall be referred to as the “National Electrification
Administration Decree] THIS ACT SHALL BE KNOWN AS THE "REVISED
CHARTER OF THE NATIONAL ELECTRIFICATION ADMINISTRATION OF
2011"

Sec 2, Declaration of National Policy. -
[The total electrification of the Philippines on an area coverage basis being vital to the welfare
its people and the sound development of the Nation, it is hereby declared to be the policy of the
State to pursue and foster, in an orderly and vigorous manner, the attainment of this objective.
For this purpose, the State shall promote, encourage and assist all public service entities engaged
in supplying electric service, particularly electric cooperatives, which are willingly to pursue
diligently this objective.
Because of their non-profit in nature, cooperative character and the heavy financial burdens that
they must sustain to become effectively established and operationally viable, electric
cooperatives particularly shall be given every tenable support and assistance by the National
Government, its instrumentalities and agencies to the fullest extent of which they are capable:
and, being by their nature substantially self-regulating
and Congress having, buy the enactment of this Decree, substantially covered all phases of
organization and operations requiring or justifying regulation, and in order to encourage and

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promote their development, they should be subject to minimal regulation by other administrative
agencies.

Area coverage electrification cannot be achieved unless service to the more thinly settled
areas and therefore most costly to electrify is combined with service to the most densely settled
areas and therefore less costly to electrify. Every public service entity should thereafter cooperate
in national program of electrification on an area coverage basis, or else surrender its franchise in
favor of those public service entities which will. Itis hereby found that the total electrification of
the Nation requires the laws and administrative practices relating franchise electric service arcas
be revised and made more effective, as herein provided. It is therefore hereby declared to be the
policy of the State that franchises for electric service areas shall hereafter be so issued,
conditioned , altered or repealed, and shall be subject to such continuing regulatory surveillance,
that the same shall conduce to the most expeditious electrification of the Nation on an area

coverage basis.)

IT IS HEREBY DECLARED THE POLICY OF THE STATE TO ENERGIZE THE RURAL
AREAS TO SPUR THE ECONOMIC DEVELOPMENT THEREIN. TOWARDS THIS END,
THE STATE SHALL EMPOWER AND STRENGTHEN THE NATIONAL
ELECTRIFICATION ADMINISTRATION TO PURSUE THIS PROGRAM AND BRING
ELECTRICITY ~ THROUGH THE ELECTRIC COOPERATIVES AS ITS IMPLEMENTING
ARM - TO THE COUNTRYSIDE EVEN IN THE MISSIONARY OR ECONOMICALLY
UNVIABLE AREAS.

SECTION 3. Definitions. As used in this decree the following words or terms shall have
the following meanings, unless a different meaning clearly appears from the context;

XK KK KK

MX KK KK
(S)"MISSIONARY ELECTRIFICATION" SHALL MEAN THE PROVISION
OF BASIC ELECTRICITY SERVICE IN UNVIABLE AREAS WITH THE
ULTIMATE AIM OF BRINGING THE OPERATIONS IN THESE AREAS TO
‘VIABILITY LEVELS.

(T) GUARANTEE" SHALL MEAN A WRITTEN UNDERTAKING BY NEA

TO TAKE ON THE DEBT OBLIGATION OF ELECTRIC COOPERATIVES IF
THE LATTER DEFAULT ON THE PAYMENT OF OBLIGATIONS.

CHAPTER I - THE NATIONAL ELECTRIFICATION ADMINISTRATION
Sec. 4. NEA, Authorities, Powers and Directives.- Section 4 is hereby amended to add

the following provisions:

xXx 2x ood


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20x xX 20x
(®) TO GUARANTEE THE TRANSACTIONS FOR ELECTRIC
COOPERATIVES CONSISTENT WITH THE PROVISIONS OF THIS ACT
AND SUBJECT TO THE POLICY PROMULGATED BY THE NEA;
(Q TO EXERCISE STEP-IN RIGHTS AS HEREIN PROVIDED
(R) TO RESTRUCTURE AILING ELECTRIC COOPERATIVES;
(S) TO DEVELOP, SET, AND ENFORCE TECHNICAL AND FINANCIAL
COMPLIANCE STANDARDS FOR THE EFFICIENT OPERATION OF
ELECTRIC COOPERATIVES SUCH AS THE OBSERVANCE OF
GOVERNMENT PROCUREMENT PROCEDURES; AND.
(1)TO PURSUE ELECTRIFICATION PROGRAMS THROUGH THE

ELECTRIC COOPERATIVES;

Section 5. A new section is hereby added as section 6-A and to read as follows:
SEC. 6-A CAPITAL STOCK ~ THE AUTHORIZED CAPITAL STOCK OF NEA is HEREBY INCREASED TO TWENTY-
FIVE BILLION PESOS (P25B) DIVIDED INTO TWO HUNDRED FIFTY MILLION SHARES HAVING A PAR VALUE
OF ONE HUNDRED (P 100.00) PESOS EACH, WHICH SHARES ARE NOT TO BE TRANSFERRED,
NEGOTIATED, PLEDGED, MORTAGEGED, OR OTHERWISE GIVEN AS SECURITY FOR THE PAYMENT OF ANY
OBLIGATION.

‘THE SUM OF FIVE BILLION PESOS (PSB) OF THE CAPITAL STOCK HAS BEEN
SUBSCRIBED AND PAID WHOLLY BY THE GOVERNMENT OF THE
PHILIPPINES IN ACCORDANCE WITH THE PROVISIONS OF RA 2700, RA 638,
PD 269 AND PD1645. THE REMAINING BALANCE SHALL BE WHOLLY
SUBSCRIBED BY THE GOVERNMENT OF THE PHILIPPINES.

Sec. 6, Enforcement Powers. Sec. 10 is hereby amended to read as follows

[Sec. 10. Enforcement Powers. ~ If any public service entity which has borrowed funds
from the NEA, or from any other lender with the NEA’S lawfully required. prior to approval,
shall default in its principal or interest payments, or shall fail, after notice from NEA to comply
with any term of condition of a loan agreement or of any rule or regulation promulgated by the
NEA in administering the provisions of this Decree, the Board of Administrators is herby
authorized and empowered in its discretion to do any or any combination of the following:

(@) Refuse to make, o give any required approval, to any new loan to the borrower;

(b) Withhold without limitation the NEA’s advancement, or withhold its approval for any other
lender with respect to which the NEA has such approving power to make advancement, of
funds pursuant to any loan already made to the borrower;

(©) Withhold any technical or professional assistance otherwise being finished or that might be
furnished to the borrower;


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(@) Foreclose any mortgage or deed or trust or other security held by the NEA on the properties
of such borrower, in connection with which the NEA, may, subject to any superior or co-
equal rights in such lien held by any other lender, (1) bid for any purchase or otherwise
acquire such properties, (2) pay the purchase price thereof and any costs and expenses
incurred in connection herewith out of the revolving fund, (3) accept title to such properties
in the name of the Republic of the Philippines; and (4) even prior to the institution of
foreclosure proceedings, operate or lease such properties for such period, and in such
manner as may be deemed necessary or advisable to protect the investment therein,
including the improvement, maintenance and rehabilitation of systems to be foreclosed, but
the NEA shall, within five years after acquiring such properties in foreclosure proceedings,
sell the same for such considerations as it determines most conducive to the achievement of
the purposes of this decree; or

(© Take any other remedial measure for which the loan agreement may provide.

In addition to the foregoing, the Board of Administrators may, as its own instance and in the
name of NEA, petition any court having jurisdiction for such purpose or any administrative
agency possessing regulatory powers for such purposes (including the Board of Power and
Waterworks) to issue such order and afford such lawful relief as may be necessary.

No borrower shall, without the approval of the Board of Administrators and of any other
lender holding or sharing a lien on such borrower's. properties, sell or dispose of the property,
rights, franchises, permits or any other assets acquired and/or mortgaged pursuant to the
provisions of this Decree until all outstanding indebtedness to the NEA and any other such
lender, including all interest owing thereon, shall have been repaid, Provided, that the NEA
may, by appropriate rule or regulation, grant general permission to borrowers to dispose of
incidental properties (excluding real property), rights, franchises, permits or other assets no
longer deemed necessary or usefull in conducting the borrower’s operations.

No cooperative shall borrow money from any source without the Board of Administrator's
prior approval; Provided, that the Board of Administrators may, by appropriate rule or

regulation, grant general permission to cooperatives to secure short-term loans not requiring the
encumbering of their real properties or of a substantial portion of their other properties or

assets.]

Sec 10. ENFORCEMENT OF LOAN REMEDIES.- IF ANY ELECTRIC
COOPERATIVE WHICH HAS BORRROWED FUNDS FROM NEA, OR FROM ANY
OTHE LENDER WITH THE NEA’S REQUIRED PRIOR WRITTEN APPROVAL,
SHALL DEFAULT IN ITS PRINCIPAL OR INTERESTPAYMENTS,OR SHALL
FAIL, AFTER NOTICE FROM NEA, TO COMPLY WITH ANY OTHER TERM OF
THE LOAN AGREEMENT OR OF ANY LAON POLICIES PROMULGATED BY
NEA BOARD OF ADMINSITRATORS IS HEREBY AUTHORIZED AND


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EMPOWERED IN ITS DISCRETION TO DO ANY, OR ANY COMBINATION OF
THE FOLLOWING:

(A)REFUSE TO MAKE, OR APPROVE ANY NEW LOAN TO THE BORROWER OR TO
RELEASE FUNDS TO IMPLEMENT LOANS THAT HAVE OTHERWISE BEEN
APPROVED;

(B)WITHOLD NEA ADVANCES, OR WITHOLD APPROVAL OF ADVANCES OR THE
NEA HAS SUCH POWER FUND RELEASES ON BEHALF OF ANY OTHER LENDER
WITH RESPECT TO WHICH RELATIVE TO LOANS MADE;

(C)WITHHOLD ANY TECHNICAL, INSTITUTIONAL OR PROFESSIONAL ASSISTANCE
OTHERWISE BEING FURNISHED OR THAT MIGHT BE FURNISHED TO THE
BORROWER;

(D)FORECLOSE ANY MORTGAGE OR DEED OF TRUST OR OTHER SECURITY HELD
BY THE NEA ON THE PROPERTIES OF SUCH BORROWER, IN CONNECTION WITH
WHICH THE NEA, MAY, SUBJECT TO ANY SUPERIOR OR CO-EQUAL RIGHTS IN
SUCH LIEN HELD BY ANY OTHER LENDER; (1) BID FOR AND PURCHASE OR
OTHERWISE ACQUIRE SUCH PROPERTIES; (2) PAY THE PURCHASE PRICE THEREOF
AND ANY COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH OUT OF
THE REVOLVING FUND; (3) ACCEPT TITLE TO SUCH PROPERTIES UNDER ITS
NAME; AND (4) EVEN PRIOR TO THE INSTITUTION OF FORECLOSURE
PROCEEDINGS, OPERATE OR LEASE SUCH PROPERTIES FOR SUCH PERIOD, AND IN
SUCH MANNER AS MAY BE DEEMED NECESSARY OR ADVISABLE TO PROTECT
THE INVESTMENT THEREIN, INCLUDING THE IMPROVEMENT, MAINTENANCE
AND REHABILITATION OF SYSTEMS TO BE FORECLOSED, BUT THE NEA SHALL,
WITHIN FIVE YEARS AFTER ACQUIRING SUCH PROPERTIES IN FORECLOSURE
PROCEEDINGS, SELL THE SAME FOR SUCH CONSIDERATION AS IT DETERMINES
TO BE REASONABLE AND UPON SUCH TERMS AND CONDITIONS AS IT
DETERMINES MOST CONDUCIVE TO THE ACHIEVEMENT OF THE PURPOSES OF
THIS ACT; OR

(® TAKE ANY OTHER REMEDIAL MEASURE FOR WHICH THE LOAN AGREEMENTS
MAY PROVIDE.

NO COOPERATIVE SHALL BORROW MONEY FROM ANY SOURCE WITHOUT THE
PRIOR APPROVAL OF NEA; PROVIDED, THAT THE NEA MAY, BY APPROPRIATE,
RULE OR REGULATION, GRANT GENERAL PERMISSION TO COOPERATIVES TO
SECURE SHORT-TERM LOANS NOT REQUIRING THE ENCUMBERANCE OF THEIR
REAL PROPERTIES OR OF A SUBSTANTIAL PORTION OF THEIR OTHER
PROPERTIES OR ASSETS.


199 SEC. 10. ENFORCEMENT POWERS. SECTION 10 OF PRESIDENTIAL DECREE (PD) 69
200 I$ HEREBY AMENDED TO ADD THE FOLLOWING PROVISIONS TO READ AS
201 FOLLOWS:

202
203 SEC, 10-A. "ENFORCEMENT OF REGULATORY AND SUPERVISORY

204 +~FUNCTIONS",

205
206 (A)IN THE EXERCISE OF ITS POWER OF SUPERVISION AND CONTROL

207 OVER ELECTRIC COOPERATIVES, THE NEA IS EMPOWERED TO ISSUE
208 ORDERS, RULES AND REGULATIONS AND MOTU PROPIO OR UPON
209 PETITION OF THIRD PARTIES, TO CONDUCT INVESTIGATIONS,
210 REFERENDA AND OTHER SIMILAR ACTIONS IN ALL MATTERS
at AFFECTING SAID ELECTRIC COOPERATIVES;

212 (B)THE NEA SHALL CONTINUE TO EXCERCISE REGULATORY AND
213 SUPERVISORY FUNCTIONS ON ALL ELECTRIC COOPERATIVES
214 ORIGINALLY REGISTERED UNDER PD 269, NOTWITHSTANDING THEIR
215 REGISTRATION WITH THE COOPERATIVE DEVELOPMENT AUTHORITY
216 (CDA) OR SECURITIES AND EXCHANGE COMMISSION (SEC).

27 (QIN THE EXCERCISE OF ITS REGULATORY AND SUPERVISORY

218 FUNCTIONS, THE NEA SHALL TAKE PREVENTIVE AND/OR
219 DISCIPLINARY MEASURES INCLUDING BUT NOT LIMITED TO
220 SUSPENSION AND/OR REMOVAL AND REPLACEMENT OF ANY OR
221 ALL OF THE MEMBERS OF THE BOARD OF DIRECTORS, OFFICERS OR
222 EMPLOYEES OF THE ELECTRIC COOPERATIVE, AS THE NEA MAY
223 DEEM FIT AND NECESSARY AND TO TAKE ANY OTHER REMEDIAL
224 MEASURES AS THE LAW OR THE LOAN AGREEMENT MAY PROVIDE.
25 (D)ALL EXISTING PERSONNEL OF NEA SHALL CONTINUE TO BE
26 EMPLOYEES THEREOF, WITHOUT DEMOTION OR DIMINUTION OF
27 RANK AND SALARY;AND ALL ON-GOING PROJECTS AND/OR
28 APPROVED LOANS OF THE NEA ESTABLISHED UNDER REPUBLIC ACT
229 NO. 6038 AND PD 269, AS AMENDED, SHALL BE REVIEWED BY THE
230 NEA ESTABLISHED UNDER THIS ACT AND IN SO FAR AS FOUND TO
231 BE ECONOMICALLY FEASIBLE IN ACCORDANCE WITH SOUND
232 MANAGEMENT, ENGINEERING AND TECHNOLOGICAL STANDARDS,
233 SHALL BE CONTINUED AND COMPLETED ON A PRIORITY BASIS.

234

235 SEC. 10-B. THE NEA SHALL HAVE STEP-IN RIGHTS IN CASES OF

236 AILING ELECTRIC COOPERATIVES. UPON EXERCISING ITS STEP-IN RIGHTS,
237 ‘THE NEA SHALL IMMEDIATELY TAKE OVER THE OPERATIONS OF THE


238 AILING ELECTRIC COOPERATIVE FROM THE BOARD. DURING THE TAKE
239 OVER, THE NEA MAY ALSO REMOVE OFFICERS IN ORDER TO EFFECTIVELY
240 MANAGE THE AFFAIRS OF THE AILING COOPERATIVE. WITHIN SIX (6)
241 MONTHS FROM THE TAKE OVER, THE NEA MAY CONVERT THE AILING
242 ELECTRIC COOPERATIVE TO EITHER A STOCK COOPERATIVE REGISTERED
243 WITH THE CDA OR A STOCK CORPORATION REGISTERED WITH THE
244 SECURITIES AND EXCHANGE COMMISSION.

245

246 IN THE DETERMINATION OF CONVERSION, THE NEA SHALL BE GUIDED BY
247 THE ABILITY TO PAY OF THE MEMBER-CONSUMERS OF SAID ELECTRIC
248 COOPERATIVE FOR THEIR SHARES IN THE STOCK COOPERATIVE OR STOCK.
249 CORPORATION.

250
251 IN THE EXERCISE OF ITS STEP-IN RIGHTS UNDER THIS ACT, THE NEA MUST

252. STRICTLY OBSERVE DUE PROCESS. THE STEP-IN RIGHTS MAY ONLY BE
253 EXERCISED IN CASE OF FAILURE OF THE ELECTRIC COOPERATIVE TO

254 MEET OPERATIONAL STANDARDS SET BY NEA OR IN OTHER ANALAGOUS

255 INSTANCES SET FORTH IN THE IMPLEMENTING RULES AND REGULATIONS

256 OF THIS ACT.

257

258 CHAPTER Il - ELECTRIC COOPERATIVES

259

260 Sec. 7 Sec. 39. Assistance to Cooperative; Exemption from Taxes, Imposts, Duties, Fees;
261 Assistance from the National Power Corporation.~ Section 39 is hereby amended to add the
262 following provisions to read as follows:

263

264 30K 208 200%
265 Boos 2x 2x

266

267 {C) TO AVAIL OF PREFERENCIAL RIGHTS GRANTED TO COOPERATIVES UNDER REPUBLIC. 7160,
268 ‘OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE, AND OTHER LAWS;

269 (D)ELECTRIC COOPERATIVES SHALL BE ENTITLED TO CONGRESSIONAL
270 ALLOCATIONS, GRANTS, SUBSIDIARIES AND OTHER FINANCIAL
am ASSISTANCE FOR RURAL ELECTRIFICATION.

mm (E)ALL SUBSIDIES, GRANTS, AND OTHER ASSISTANCE SHALL FORM
28 PART OF THE DONATED CAPITAL AND FUNDS OF THE ELECTRIC
28 COOPERATIVES, AND AS SUCH, IT SHALL NOT BE SOLD, TRADED NOR,
275 BE DIVIDED INTO SHARE HOLDINGS AT ANY TIME; THESE DONATED
26 CAPITAL/FUND SHALL BE VALUATED FOR THE SOLE PURPOSE OF
m1 DETERMINING THE EQUITY, PARTICIPATION OF THE MEMBERS;


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PROVIDED THAT IN CASE OF DISSOLUTION OF THE ELECTRIC
COOPERATIVE, SAID DONATED CAPITAL SHALL BE SUBJECT TO
ESCHEAT.

Seo.8 Sec.59, Court Review. Section 59 is hereby amended to read as follows:
Section 59 Court Review.- [The Supreme Court is hereby given jurisdiction to review any
order, ruling, or decision of the NEA and to modify or set aside such order, ruling, or decision
when it clearly it happens that there was no evidence before the NEA to support reasonably such
order, ruling or decision, or that the same is contrary to law, or that it was without the
jurisdiction of NEA. The evidence presented to the NEA, together with the record of the
proceedings before the NEA, shall be certified by the NEA to the Supreme court, Any order ,
ruling or decision of the NEA may likewise be reviewed by the Supreme Court upon a writ of
certiorari in proper cases. The procedure for review, except as herein provided, shall be
prescribed by rules of the Supreme court. Any order, or decision of the NEA may be reviewed on
the application of any person or public service entity aggrieved thereby and who was a party in
the subject proceeding, by certiorari in appropriate cases or by a petition for review, which shall
be filed within thirty (30) days from the notification of the NEA order, decision, or ruling on
reconsideration. Such petition shall be placed on file in the office of the Clerk of the Supreme
Court who shall furnish copies thereof of the NEA and other interested parties.)

NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE COURT OF
APPEALS IS HEREBY GIVEN EXCLUSIVE JURISDICTION TO REVIEW
ANY AWARD, JUDGMENT, FINAL ORDER OR RESOLUTION OF THE
NEA AND TO MODIFY OR SET ASIDE SUCH AWARD, JUDGEMENT,
FINAL ORDER OR RESOLUTION WHEN IT CLEARLY APPEARS THAT
NO EVIDENCE WAS PRESENTED BEFORE THE NEA TO SUPPORT
REASONABLY SUCH AWARD, JUDGMENT, FINAL ORDER OR
RESOLUTION OR THAT THE SAME IS CONTRARY TO LAW, OR THAT
IT WAS WITHOUT THE JURISDICTION OF THE NEA. THE EVIDENCE
PRESENTED TO THE NEA, TOGETHER WITH THE RECORD OF THE
PROCEDINGS BEFORE THE NEA, SHALL BE CERTIFIED BY THE NEA
TO THE COURT OF APPEALS. ANY ORDER, RULING, OR DECISION OF
THE NEA MAY LIKEWISE BE REVIEWED BY THE COURT OF APPEALS
UPON A PETITION FOR CERTIORARI IN PROPER CASES. THE
PROCEDURE FOR REVIEW, EXCEPT AS HEREIN PROVIDED, SHALL BE
PRESCRIBED BY RULES OF THE COURT OF APPEALS ANY ORDER, OR
DECISION OF THE NEA MAY BE REVIEWED ON THE APPLICATION OF
ANY PERSON OR PUBLIC SERVICE ENTITY AGGRIEVED THEREBY
AND WHO WAS A PARTY IN THE SUBJECT PROCEEDING, BY


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CERTIORARI IN APPROPRIATE CASES OR BY A PETITION FOR.
REVIEW, WHICH SHALL BE FILED WITHIN FIFTEEN (15) DAYS FROM.
THE NOTIFICATION OF THE NEA ORDER, DECISION, OR RULING ON
RECONSIDERATION, OR FROM THE DATE OF ITS LAST PUBLICATION,
IF PUBLICATION IS REQUIRED BY LAW FOR ITS EFFECTIVITY,

Sec.9 Sec. 60 No Stay ~Of PRESIDENTIAL DECREE (PD) 269 is hereby amended to
read as follows:{The Institutions of a writ of certiorari or other special remedies in the
Supreme Court shall in no case supersede or stay any order, ruling or decision of the NEA
unless the court shall so direct and the appellant may be required by the Court to give bond in
such form and of such amount as may be deemed proper.]

‘THE INSTITUTION OF A PETITION FOR CERTIORARI OR OTHER
SPECIAL REMEDIES IN THE COURT OF APPEALS OR IN ANY
REGIONAL TRIAL COURT SHALL IN NO CASE SUPERCEDE OR STAY
ANY ORDER, RULING OR DECISION OF THE NEA IN THE EXERCISE OF
ITS RIGHTS UNDER THIS ACT UNLESS THE COURT SHALL SO DIRECT:
PROVIDED THAT, SUCH A STAY SHALL IN NO CASE EXCEED SIXTY
(60) DAYS AND A BOND IN SUCH FORM AND AMOUNT ENOUGH TO.
COVER THE LIABILITIES ARISING DURING THE PERIOD OF THE STAY
SHALL BE POSTED.

Sec. 11, Separability Clause. If any part or section of this act is declared unconstitutional
such declaration shall not affect in any manner other parts or sections of this Act.

Sec. 12. Effectivity. This Act shall ake effect after its publication in at least two (2)
newspapers in general circulation.

Adopted.

REP. RODEL BATOCABE
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