SEVENTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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Third Regular Session 
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SENATE
0 ‘) O 0
S.B. No.
e( (l;i i r ' r  t*r?
*19 
MAY 14 
P 6 « 5
RECir.-^l .
In tro d u ced  by SEN. WIN GATCHALIAN
AN ACT
CREATING THE ENERGY CONSUMER ADVOCATE OFFICE, 
PROVIDING FUNDS THEREFOR,
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Republic Act No. 9136, otherwise known as the Electric Power Industry Reform Act 
(EPIRA), heralded the transition from a public sector vertically-integrated monopoly 
to a private sector led competitive but regulated industry. 
One of the declared 
policies of the EPIFIA is to “establish a strong and purely independent regulatory body 
and system to ensure consumer protection and enhance the competitive operation of 
the electricity market. ”1 This regulatory body is the Energy Regulatory Commission 
(ERC). It is responsible for setting performance standards and retail rates, allowing 
recovery of ju st and reasonable costs as well as reasonable return, and ensuring 
consum er protection.2 These duties result to a delicate balancing act of the regulator 
in deciding its cases. However, the lack of representation for consum ers as a whole 
is glaring in cases before the ERC.
Hence this measure. This bill creates an Energy Consumer Advocate Office (ECAO) 
led by the Energy Consumer Advocate. The ECAO acts as the independent consumer 
representative in all rate-setting, rule-making, and other energy related cases and 
proceedings before government agencies including judicial and quasi-judicial 
bodies. The creation of the ECAO aims to attain what jurisdictions with an 
institutionalized consum er advocate have, such as the postponeimgrtfortitilities’ rate 
increase applications, a decrease in the income of utilities, anddower el^tricity retail 
prices.3
Given the foregoing, the immediate passage of this m easun 
/gought.
1 Section 2(j). Republic Act No. (RA) 9136. (2001).
2 Id. at Section 43.
3 Fremeth, Adam; Holbum, Guy L.F.; Spiller, Pablo; “The impact of consumer advocates on regulatory policy in the 
electric utility sector” Pubbc Choice. Vol. 161, No. 1/2 (October 2014)


SEVENTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Third Regular Session
o f  ii c A r  r  ! * ; j ’
*19 
HAY 14 
P 6 « 5
SENATE
s .B . No. 2222
REGi-.;..: t:
In tro d u ced  by SEN. WIN GATCHALIAN
AN ACT
CREATING THE ENERGY CONSUMER ADVOCATE OFFICE, 
PROVIDING FUNDS THEREFOR,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assem bled:
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SECTION 1. S h o rt T itle. -  This Act shall be referred to as the “Energy Consum er 
Advocate Act.”
SECTION 2. 
D eclaration o f Policy. -  It is hereby declared the policy of the 
State to recognize the right of energy consum ers to reasonable rates, adequate 
and reliable services, and to transparent processes involving these rates and 
services. Towards this end, there is a need for institutionalized and independent 
consum er representation in rate-setting, rule-m aking, and other energy related 
cases and proceedings before governm ent agencies including judicial and quasi­
judicial bodies.
S ectio n  3. The Energy C onsum er A dvocate Office (ECAO). -  The ECAO is 
hereby created which shall be an independent and autonom ous office attached 
to the D epartm ent of Justice (DOJ) in accordance with Section 38(3), Chapter 7, 
Book IV of Executive Order No. 292, otherwise known as the Administrative Code 
of 1987, as am ended.


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S ection 4. Pow ers an d  F u n ctions. - The ECAO shall be the representative of
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all consum ers in energy sector m atters affecting the public interest before any
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departm ent, comm ission, agency, or court. It shall independently discharge its
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m andate tow ards the best interest of all consum ers, ensuring least cost w ithout
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comprom ising safety, reliability, and sufficient service. Towards this end, the
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ECAO shall:
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(1) Initiate, intervene, and represent all consum ers, in rate-setting, rule-
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making, and other energy related cases, com plaints, proceedings, and
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consultations before the D epartm ent of Energy (DOE), Energy Regulatory
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Commission 
(ERC), 
National 
Electrification 
Adm inistration 
(NEA),
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Philippine Competition Commission (PCC), and other judicial and quasi-
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judicial bodies;
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(2) Initiate, intervene, and represent all consum ers in actions before any trial
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or appellate court, including the Suprem e Court, which involve the validity
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of any decision, m em oranda, rule, regulation, circular, or order of the
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DOE, ERC, NEA, PCC, and other departm ents, com m issions, and agencies
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insofar as these decisions and policy issuances affect energy rates and
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services;
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(3) Monitor all issuances of the DOE, ERC, NEA, PCC, and other departm ents,
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com m issions, and agencies insofar as these affect energy rates and
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services;
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(4) Engage in regular information, education, and com m unication program s
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for all consum ers on laws, rules, regulations, decisions, circulars, and
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orders th at affect energy rates and services, including consum er rights and
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remedies;
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(5) Be furnished or served, as the case may be, by departm ents, com m issions,
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and agencies with all docum ents, 
notices, petitions, applications,
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com plaints, answ ers, m otions, and other pleadings in all energy related
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cases, com plaints, proceedings, and consultations;
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(6) Have the right to access, free of charge, all files, records, and docum ents
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in the DOE, ERC, NEA, 
PCC and other 
departm ents, com m issions, and
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agencies pertaining to energy related cases, com plaints, proceedings, and
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consultations: Provided, That the files, records, and docum ents do not
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pertain to the following:
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(a) Personnel information;


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(b) Confidential com m unications between com m issioners, judges, or 
justices and their general counsels on records relating to proceedings 
in which the ECAO is a party to; or
(c) Confidential information declared as such by the ERC; and
(7) Be free of charge in its use of ordinary mail, registered mail, or courier 
service for the transm ittal of official com m unications and papers directly 
connected with the conduct of its powers, functions, or exercise of 
adm inistrative supervision over its personnel.
ECAO lawyers shall have the authority to adm inister oaths in connection with 
the perform ance of their duty.
S ection 5. The Energy C onsum er A dvocate an d  D eputy Energy C onsum er 
A dvocate. -  The Energy C onsum er Advocate (ECA) shall head the ECAO, shall 
have the prim ary authority and responsibility for the effective exercise of its 
m andate and the discharge of its powers and functions, and shall be assisted by 
a Deputy ECA. In case of tem porary absence of the ECA, the Deputy ECA shall 
be designated as the Officer-in-Charge of the ECAO.
The ECA and Deputy ECA shall be natural-born citizens of the Philippines, at 
least forty (40) years of age, with at least fifteen (15) years of practice in law, and 
with proven competence, integrity, probity, and independence: Provided, That 
the ECA shall have at least six (6) years of practice in the field of energy, and the 
Deputy ECA shall have at least four (4) years of practice in the field of energy. 
Both of them  shall not be affiliated with any energy company, as m em ber of the 
board, officer, employee, or consultant, at least one (1) year before their 
respective appointm ents.
S ectio n  6. A p pointm ent, T erm , and R ank. -  The ECA and Deputy ECA shall 
be appointed by the President: Provided, That the appointm ent of the Deputy 
ECA shall be upon the recom m endation of the ECA. They shall both serve for a 
term  of six (6) years and may be reappointed: Provided, That for the first 
appointees, the ECA and Deputy ECA shall hold office until the end of term  of 
the appointing President.
The ECA and Deputy ECA shall have the sam e rank, salaries, allowances, and 
retirem ent benefits as the Prosecutor General and Senior Deputy State 
Prosecutor of the National Prosecution Service respectively: Provided, That their


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retirem ent benefits shall be prorated in accordance with Section 21 of Republic 
Act No. 10071, otherwise known as the Prosecution Services Act.
S ectio n  7. P rohibitions. -  The ECA and Deputy EGA shall be prohibited from:
(1) Serving as a m em ber of the board, officer, employee, or consultant of any 
energy com pany in the course of their respective term s of office: Provided, 
That this prohibition shall also apply to their family m em bers up to the 
fourth degree of consanguinity or affinity;
(2) Having any interest, ownership, or stake in any energy com pany in the 
course of their respective term s of office: Provided, That this prohibition 
shall also apply to their family m em bers up to the fourth degree of 
consanguinity or affinity;
(3) Representing any governm ent agency, governm ent -ow ned or -controlled 
corporation, or private com pany in any energy related case, proceeding, or 
consultation before any departm ent, commission, agency, or court, in the 
course of one (1) year after the end of their respective term s of office; and
(4) Being m em bers of a political party and committee, or engaging in any 
partisan political activity in the course of their respective term s of office.
S ection 8. O rganizational S tru ctu re and P lantilla P ositions. -  The ECAO, 
upon approval of the DOJ, shall subm it its organizational structure and plantilla 
positions to the D epartm ent of Budget and M anagem ent (DBM) not later than 
six (6) m onths from the effectivity of this Act: Provided, That the DBM shall 
approve the final organizational structure and plantilla positions of the ECAO 
not later than three (3) m onths from subm ission.
The ECAO, upon approval of the DOJ, may request the DBM for any change in 
the organizational structure and plantilla positions after a com prehensive review 
resulting to a finding th at any alteration will improve the discharge of the ECAO’s 
powers and functions: Provided, That the DBM shall render a decision on such 
request within three (3) m onths from subm ission.
The ECAO shall have legal, technical, and adm inistrative personnel in its 
organizational structure and staffing complem ent, and may hire consultants as 
expert w itnesses or technical advisors as it finds necessary for the full and 
efficient discharge of its powers and functions. All employees and consultants 
shall be subject to civil service laws, rules, and regulations: Provided, That all


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employees shall be subject to Republic Act No. 6758, otherwise known as the 
Salary Standardization Act.
S ection 9. R em oval an d  V acancy. -  The EGA and Deputy EGA shall not be 
removed or suspended, except for cause provided by law. The President may 
remove the EGA or the Deputy EGA for m alfeasance, m isfeasance, or 
nonfeasance in office, or for any cause which renders any of them  ineligible for 
appointm ent, or incapable, or unfit to discharge the m andate, powers, and 
functions of the EG AO.
In case of death, perm anent incapacity, removal, or resignation of the incum bent 
EGA or Deputy EGA, the President may appoint or designate one, as the case 
may be, in an acting capacity until a new EGA or Deputy EGA has been 
appointed: Provided, That the new appointm ent shall only be for the unexpired 
term  of the predecessor.
SECTION 10. E xem ption from  Fees and C osts o f Suits. -  The EGAO shall be 
exem pt from paym ent of docket and other fees incidental to instituting an action 
in court and other quasi-judicial bodies, as an original proceeding or on appeal.
SECTION 11. C osts of Suit. -  The costs of the suit, attorney’s fees, and 
contingent fees imposed upon adversarial parties of the EGAO after a successful 
litigation shall be deposited in the National Treasury.
S ectio n  12. G rant o f Special Allow ances. -  The EGA, Deputy EGA, service or 
division heads, and lawyers shall be granted special allowances in am ounts to 
be determ ined by the DBM: Provided, That the grant of said special allowances 
shall not exceed one hundred percent (100%) of the basic salary of the EGAO 
officials and lawyers: Provided further. That special allowances shall be paid from 
costs of suit, attorney’s fees and contingent fees deposited in the National 
Treasury p u rsu an t to Section 11 of this Act: Provided finally. That whenever the 
funding source is insufficient, the special allowance shall be paid through the 
General Appropriations Act.
S ectio n  
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A ppropriations. -  The am ount necessary for the initial 
im plem entation of this Act in the am ount of two hundred million pesos 
(P200,000,000.00) shall be taken from the budget of the DOJ. Thereafter, the


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am ount of two hundred million pesos (P200,000,000.00) shall be autom atically 
appropriated and included in the annual General Appropriations Act every year 
which may be increased as may be necessaiy for the continued im plem entation 
of this Act.
S ectio n  14. A m endatory C lause. -  Section 41, C hapter 10, Book I and Section 
4, C hapter 1, Title 111, Book IV of Executive Order No. 292, otherwise known as 
the Administrative Code of 1987, as am ended, is hereby further am ended.
SECTION 15. Im p lem en tin g  R ules and R egulations. -  W ithin ninety (90) 
calendar days from the approval of this Act, the DOJ, in consultation with the 
DBM, governm ent energy agencies, and private energy stakeholders, shall adopt 
and issue the rules and regulations for the effective im plem entation of this Act.
SECTION 16. 
C ongressional O versight. -  The Joint Congressional Energy 
Commission shall exercise oversight powers over im plem entation of this Act.
SECTION 17. S eparability C lause. -  Any portion or provision of this Act, which 
may be declared unconstitutional or invalid shall not have the effect of nullifying 
other portions or provisions hereof.
SECTION 18. R epealing C lauses. -  All laws, ordinances, rules, regulations and 
other issuance or parts thereof, which are inconsistent with this Act, are hereby 
am ended, modified, or repealed accordingly.
SECTION 19. E ffectivity C lause. -  This Act shall take effect fifteen (15) days 
after its publication in at least two (2) new spaper of general circulation.
Approved,