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

FIFTEENTH CONGRESS
Second Regular Session

HOUSEBILLNO._-- 6100

INTRODUCED BY REPRESENTATIVE PEDRO P. ROMUALDO

EXPLANATORY NOTE

‘The common issues raised by energy industry players consists of red tape and
difficulty in securing Environmental Impact Assessment, Environmental
Compliance Certificate and in securing permits in host local government units
where there 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 a 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 some sections of Republic Act No. 7638 seeks
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.

May this proposed measure merit your kind and favorable support.

LA

ROMUALDO
Representative

Lone District, Camiguin



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

Second Regular Session

House Bill No. 6200

INTRODUCED BY REPRESENTATIVE PEDRO P. ROMUALDO

AN ACT
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 7638, OTHERWISE
KNOWN AS “THE DEPARTMENT OF ENERGY ACT OF 1992”
AND FOR OTHER PURPOSES

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:

“SEC. 23. Relationship with Other Government Departments. - The
Department and its priority projects shall enjoy preferential
attention from the Department of Environment and Natural
Resources AND OTHER GOVERNMENT DEPARTMENTS relative
to 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 OTHERS THE GRANT OF ENVIRONMENTAL IMPACT
ASSESSMENT AND ENVIRONMENTAL COMPLIANCE
CERTIFICATE.

HOST LOCAL GOVERNMENT UNITS SHALL EXPEDITE THE
APPROVAL AND RELEASE OF PERMITS APPLIED BY INVESTOR-
APPLICANTS DULY ENDORSED BY THE DEPARTMENT OF
ENERGY TO AVOID UNREASONABLE DELAYS IN THE
IMPLEMENTATION OF THEIR PROJECTS.

“Upon request of the Department or any of its bureaus, ALL LGUS,
government agencies with functions relative to the approval of
the projects of the Department or its duly authorized and


endorsed entities, whether government or private, shall act upon
and resolve the matter within ten (10) calendar days. Toward this
end, the Secretary, with the approval of the President, may
establish an interagency secretariat for the purpose of expediting
the approval of said projects.”

OUR

8 SEC. 2. Republic Act No. 7638, as amended, is hereby amended by inserting a
8 new Section, to be denominated as Section 23-A, and to read as follows:

u “SEC. 23-A. RESTRICTION ON THE ISSUANCE OF RESTRAINING

12 ORDERS OR WRITS OF INJUNCTION. - NO WRIT OF INJUNCTION
13 OR RESTRAINING ORDER SHALL BE ISSUED BY ANY COURT
14 AGAINST ANY OF THE PRIORITY PROJECTS OF THE
15 DEPARTMENT REFERRED TO IN THE PRECEDING SECTION,
16 UNLESS THERE IS PRIMA FACIE EVIDENCE THAT THE
7 DEPARTMENT'S PRIORITY PROJECTS ARE MADE WITH EVIDENT
18 BAD FAITH OR GRAVE ABUSE OF AUTHORITY: PROVIDED,
19 HOWEVER, THAT WHENEVER SUCH INJUNCTION IS GRANTED,
20 THE COURT ISSUING IT SHALL, WITHIN TEN (10) DAYS FROM
21 ITS ISSUANCE, SUBMIT A REPORT TO THE SUPREME COURT
22 SETTING FORTH IN DETAIL THE GROUNDS OR REASONS FOR ITS
23 ORDER.”

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26 SEC. 3. All laws, decrees, rules and regulations, ordinances and issuances that

27 are inconsistent with this Act are hereby repealed or amended accordingly.

30 SEC. 4. This Act shall take effect upon its publication in a newspaper of general
31 circulation or the Official Gazette, whichever comes earlier.

34 Approved,