EIGHTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 2?

Introduced by Representative Victor A. Yap

EXPLANATORY NOTE

Liquefied petroleum gas (LPG) is a basic fuel commodity among Filipino households.
However, the Department of Energy has warned the public on the emergence of illegally LPG-
refilled butane canisters that circulate particularly in provincial markets. A number of fire
incidents caused by leaking canisters refilled with LPG have already been reported. According to
the Bureau of Fire Protection, the top causes of fire incidents in the country are faulty electrical
wiring and LPG leaks.

This bill aims to establish a regulatory framework for the importation, refining, refilling,
transportation, distribution and marketing of LPG, and the manufacture, importation,
requalification, exchange, swapping or improvement of LPG cylinders.

It also secks to establish the LPG Monitoring and Enforcement Task Force to create
standards of conduct and codes of practice, and to monitor compliance of LPG businesses.

To ensure quality and safety, and to uphold the rights of LPG consumers, the expeditious
passage of this bill is earnestly sought.

ICTOR A. YAP
Representative, 2nd District of Tarlac


FS ecard He wn

EIGHTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES — )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No,_ 302

Introduced by Representative Victor A. Yap

AN ACT

ESTABLISHING THE REGULATORY FRAMEWORK FOR THE SAFE OPERATIONS

OF THE LIQUEFIED PETROLEUM GAS (LPG) INDUSTRY, DELINEATING THE

POWERS AND FUNCTIONS OF VARIOUS GOVERNMENT AGENCIES, DEFINING
AND PENALIZING CERTAIN ACTS, AND FOR OTHER PURPOSES

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

assembled:

CHAPTER I
GENERAL PROVISIONS,
SECTION |. Short Title. — This Act shall be known as the “LPG Industry Regulation
and Safety Act.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to protect
the interest of consumers, ensure their general welfare and establish standards of conduct for
business and industry

‘Towards this end, the State shall:

a) Establish a regulatory framework for the importation, refining, refilling, transportation,
distribution and marketing of liquefied petroleum gas (LPG), and the manufacture, importation,
requalification, exchange, swapping or improvement of LPG cylinders;

b) Establish standards of conduct and codes of practice for LPG businesses; and

c) Address quality and safety concerns and uphold the right of consumers to freely
choose the LPG brand they want to purchase.

The State shall also promote national awareness and education regarding the quality and
safety requirements for the proper use of LPG cylinders and ancillary equipment to further

consumer protection

SEC. 3. Scope and Application. ~ This Act shall apply to the importation, refining,
refilling, transportation, distribution and marketing of LPG, the manufacture, requalification,

exchange, swapping or improvement of LPG cylinders, and safe operations of the LPG industry,
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which cover all activities and businesses related to LPG products for household, commercial,

industrial or automotive use (Auto-LPG) and cylinders or containers for LPG.

SEC. 4. Definition of Terms. - For purposes of this Act, the term:

(a) Accreditation refers to the formal recognition of competency given by the Philippine
Accreditation Bureau (PAB) of the Department of Trade and Industry (DTT) that a re-qualifier of
LPG cylinders has complied with the existing Philippine National Standards (PNS) prescribing
the general requirements for the competence of testing and calibration laboratories, the method
of re-qualification of steel cylinders for LPG and any other applicable PNS;

(b) Alteration refers to any act of converting, transforming or resizing of local or
imported LPG cylinder or container from its original size or design including, but not limited to,
replacement or removal of existing and embossed or stamped registered brand owner's markings,

grinding, flattening, application of putty, replacement of collar, revalving, unauthorized
repainting, replacement of foot rings, or re-labeling;

(©) Ancillary Equipment refers to equipment, parts and other devices and accessories
necessary and indispensable for the safe and proper operation of an LPG cylinder or container
such as, but not limited to, LPG cylinder or container valves, hoses and regulators,

(d) Auto-I PG refers to LPG intended to fuel, propel or otherwise provide power to motor
vehicles;

(©) Auto-LPG Dispensing Station refers to an outlet, facility or business establishment
which retails auto-LPG directly to individual end-users or to the motoring public; the same may
stand alone or be located within or operated with a liquefied petroleum product (LPP) retail
outlet. It shall be deemed a dealer or retail outlet for purposes of this Act;

(0) Brand Owner refers to a person owning the brand name, logo, mark or distinction as
registered with the Intellectual Property Office of the Philippines (IPOPH);

(g) Bulk Consumer refers to any person whose regular use or consumption of LPG is
limited to its own use, and requires bulk storage of LPG at a volume as may be determined by
the Department of Energy (DOE),

(h) Bulk Supplier refers to any person who engages in the sale or distribution of LPG in
large quantities as may be determined by the DOE;

(i) Canister or Cartridge refers to non-refillable container filled once only with gas or a
mixture of gases for fueling portable gas appliances,

() Centralized LPG Dist
used for the conveyance of LPG from the piped LPG provider to consumers confined within the

ibution System refers to a network of pipes or similar conduit

same compound or establishment such as, but not limited to, shopping malls and condominiums;
(k) Certification refers to the written assurance given by the DTI that the LPG cylinder
has complied with the existing PNS or any other standards issued by the Bureau of Philippine


Standards (BPS) pursuant to Republic Act No. 4109, otherwise known as the “Philippine
Standardization Law,”

()) Consumer refers to any person, natural or juridical, who purchases LPG for one’s own
consumption;

(m)Container refers to any pressure vessel permanently installed in motor vehicles for
the storage of LPG for automotive use;

(0) Cross Filling refers to the filling of LPG cylinders by a person other than by the
brand owner,

(0) Cylinder or LPG Cylinder refers to any portable pressure-vessel, or container for
LPG with water capacity of one (1) liter to one hundred fifty (150) liters, or as may be prescribed
under the Philippine National Standards (PNS), and designed for sale, transportation, storage or
household/commercial/industrial consumption of LPG,

(p) Cylinder Owner refers to the owner of the cylinder as shown by the brand, mark,
trade name or business name embossed or engraved or otherwise permanently indicated on the
LPG cylinder in the manner prescribed by the DTI;

(q) Dealer refers to any person engaged in the sale or trading of LPG in cylinders to
consumers and/or retail outlets;

() Defective Cylinder refers to LPG cylinder which do not bear the complete marks
prescribed under existing laws, rules, regulations and standards [a] or damaged, unsafe and
dilapidated LPG cylinder due to corrosion or pitting, dents, cuts, gouges, digs, bulges, leaks and
other similar defects that render the LPG cylinder unsafe, injurious or dangerous for distribution,
[in accordance with the guidelines set by the DTI,] thus creating a substantial risk of injury to the
public, in accordance with the guidelines set by the DTI;

(s) Hauler refers to any person engaged in-the distribution and delivery of LPG cylinders
from one place to another;

(0) Importer refers to any person engaged in the importation of LPG whether for
processing, sale or own use;

(u) LPG refers to liquefied petroleum gas, which consists of commercial propane gas or
commercial butane gas or a mixture of the two gases, with properties conforming to the
standards set forth in the existing PNS or any other standards prescribed by the BPS;

(v) LPG Industry Participant refers to any person engaged in activities or businesses
related to:

(1) refining, manufacturing, importing, exporting, shipping, transporting, hauling,
storing, refilling, distributing, marketing and selling of LPG for household, commercial
or industrial, and automotive (auto-LPG) use; or

(2) manufacturing, importing, transporting, distributing and selling of LPG cylinders
and ancillary equipment including, but not limited to, LPG cylinder or container and

ancillary equipment manufacturers and importers, re-qualifiers, repairers, scrapping
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centers, LPG cylinder or container seal manufacturers and such other similar persons or

entities,

(w)Marketer refers to any person engaged in the sale of LPG, whether in bulk or retail,
under its own brand name,

(x) Person refers to a natural or juridical entity registered under Philippine laws;

(¥) Philippine National Standards or PNS refers to the standards promulgated by the BPS
of the DTI relating to product specifications, test methods, terminologies and standardization
procedures, guidelines or practices;

(2) __Pilferage refers to theft of a less quantity of LPG from a large container such as
LPG tanker, lorry or other similar conveyances or from LPG pipelines or similar installations;

(aa) Piped LPG Provider refers to any person engaged in the business of supplying or
distributing LPG {o consumers through a centralized LPG distribution system, including
operators of central storage compounds for piped LPG or reticulated system facilities;

(bb) Qualified Serviceman refers to an individual who has been trained, qualified and
certified by the Bureau of Fire Protection (BFP) or any deputized agency thereof, or to an
individual who has successfully completed an approved training course for LPG servicemen in a
training school duly recognized and accredited by the Philippine government;

(cc) Refiller refers to (1) a service provider authorized by an LPG brand owner to refill
LPG cylinders on the latter's behalf, or (2) any brand owner who refills LPG into one's own LPG
cylinders;

(dd) Refilling Plant refers to any facility that is used for LPG bulk Storage and refilling
LPG into cylinders;

(ee) Refiner refers to any person who refines LPG through distillation, conversion and
treatment of crude oi! and other naturally occurring, petroleum hydrocarbons;

(1) Re-qualification refers to the method or procedure by which an LPG cylinder is
subjected to inspection and re-evaluation in accordance with the prescribed specifications and
any other standards prescribed governing the method of re-qualification of steel cylinders for
LPG to determine its acceptability for continuous use and distribution and subsequent repair or
scrappage, where appropriate;

(gg) Re-qualifier refers to any person duly accredited by the DTI to engage in the
business of re-qualifying LPG cylinders;

(bh) Repair refers to the removal from and replacement of parts or attachments of LPG
cylinders or the performance of any other necessary corrective and restorative measures pursuant
to the PNS, to restore the fitness of LPG cylinders for refilling, distribution and use;

(ii) Repairer refers to any person duly certified by the DTI to engage in the business of
repairing LPG cylinders;

(i) Retail Outlet refers to any entity that sells LPG in cylinders directly to a consumer

in quantities as may be determined by the DOE;


(kk) Reticulated System refers to a means of supplying LPG through a pipeline network
from a centralized cylinder bank or bulk installation to multiple customers situated in a common
locality:

(ll) Scrappage refers to the destruction of defective LPG cylinders declared by a re-
qualifier of the DT! to be unfit for use;

(mm) Seal refers to the protective cover placed on the valve of an LPG cylinder; and

(nn) Tare Weight refers to the net weight of the LPG cylinder, excluding its contents,
as engraved in the collar and painted in the body thereof and shall be expressed in kilograms in
accordance with the specifications as may be prescribed by the DTI

CHAPTER I
IMPLEMENTING AGENCIES
SEC. 5. Lead Agency. — The DOE shall be the primary government agency responsible
for the implementation and enforcement of this Act unless stated otherwise. The DOE shall
regulate, supervise, and monitor the LPG industry and the LPG industry participants to ensure
compliance with the national product quality and environmental, worker safety, and consumer
welfare standards.

SEC. 6. Powers and Functions of the DOE. — \n addition to its powers and functions
under existing laws, the DOE shall exercise the following powers and functions under this Act

(a) Administer and supervise the enforcement and implementation of this Act;

(b) Implement safety standards prescribed by the DOE or set in the PNS promulgated by
the BPS for refilling plants, depots, storage areas, transportation facilities and other facilities or
business premises of the owners thereof and retail outlets, and exercise reasonable visitorial
powers in order to inspect and evaluate whether such refilling plants, depots, storage areas,
transportation facilities and other facilities or business premises and retail outlets comply with
such safety standards. During inspection, the DOE may scrutinize the records of the concerned
LPG industry participant;

(©) Inspect LPG cylinders in circulation, including those in transit, whether filled or
unfilled, which are for distribution and sale to dealers, retail outlets and end-consumers to
determine conformity with established quality and safety standards for LPG cylinders;

(@) After the conduct of inspection or investigation, confiscate and impound immediately
generic, non-compliant, substandard, defective, unsafe, injurious or dangerous LPG and LPG
cylinders in circulation, or those that are found in violation of the provisions of this Act,
including underfilled and illegally refilled LPG cylinders as defined in this Act;

(e) Investigate, motu proprio or upon report of any person, possible infractions of this

Act, initiate the necessary criminal or administrative actions warranted under the circumstances,


enforce administrative sanctions or penalties, and file the necessary complaints with the proper
court or government agency;

(© Implement the Philippine LPG Cylinder Improvement Program;

(g) Direct LPG brand owners to periodically submit cylinders for requalification, and to
secure proper proof of compliance therewith in accordance with the requirements of the DTI;

(h) Issue and grant licenses to operate to qualified LPG industry participants in
accordance with the implementing rules and regulations to be issued by the DOE, and suspend or
revoke the same, afler due notice and hearing, for committing any of the prohibited acts as
provided in this Act,

(i) Issue cease-and-desist and closure orders, as the case may be, to any concerned LPG
industry participants found to have committed any of the prohibited acts as provided in this Act;

G@) Impose and collect administrative fines against LPG industry participants found to
have committed any of the prohibited acts as provided in this Act;

(ke) Create and maintain a central database of LPG industry participants, and an inventory
of existing and projected LPG supply levels in the country subject to the limitations provided for
in this Act, which shall be updated monthly on its own initiative or through reports of LPG
industry participants;

(I) Investigate and keep a record of incidents of injury or damage to person or property
caused by or attributable to the improper production, refilling, storage, handling or dispensing or
use of LPG for purposes of prosecuting or filing the appropriate administrative or criminal
complaints against responsible persons;

(im) Investigate, prosecute, and impose penalties for dumping activities or unauthorized
filling of bulk tanks in refilling plants by bulk suppliers other than the owner of tanks;

(n) Dispose LPG and LPG cylinders in accordance with the guidelines on disposal of
LPG or LPG cylinders promulgated by the DOE;

(0) Inspect and evaluate LPG cylinder seals and confiscate seals not complying with the
standards and regulations including those in illegal possession or use thereof, and

(p) Exercise such other powers and functions as may be necessary or incidental to
attaining the objectives of this Act.

SEC. 7. Powers and Functions of the DTI. — In addition to its powers and functions
under existing laws, DTI shall have the following exclusive powers and functions under this Act:

(a) Develop, formulate, promulgate, review and revise the PNS for LPG, LPG cylinders
and other ancillary equipment;

(b) Inspect and evaluate LPG cylinders, whether manufactured locally or imported, prior
to any sale or distribution to LPG refiners or refillers and certify to their conformity to the PNS
and their fitness for public and sale distribution;


(©) Inspect and evaluate ancillary equipment, whether manufactured locally or imported,
and certify to their conformity to the PNS and their fitness for public sale and distribution;

() Grant accreditation and certification of conformity to the PNS to re-qualifiers,
repairers, LPG cylinder manufacturers and other independent, competent, private persons and
entities that provide products and services involving LPG cylinders and revoke the same, if
warranted; and

(e) Extend all the necessary assistance to the DOE to achieve the objectives of this Act.

SEC. 8. Powers and Functions of the DILG. ~ To help effectively implement the
provisions of this Act, the Department of Interior and Local Government (DILG) shall have the
following powers and functions:

(a) Coordinate with local government units (LGUs) and the Philippine National Police
(PNP), in close coordination with the DOE and DTI, for the orderly and effective
implementation of this Act

(b) Extend all the necessary assistance to the DOE with respect to the enforcement of

measures to attain the objectives of this Act.

SEC. 9. Powers and Functions of LGUs. ~The LGUs shall
(a) Assist the DOE by providing an adequate and safe area where impounded LPG
cylinders shall be kept; and
(b) Immediately suspend or revoke the business permit or licerise to operate of, and
issue closure order to an LPG industry participant upon the issuance by the DOE of a notice of

suspension or revocation of the license to operate.

SEC. 10. Powers and Functions of the Philippine National Police (PNP). ~ The PNP
shall, upon request of the DOE or the DTI, provide security to life and property during the
conduct of operations for the implementation of this Act, such as in the confiscation of LPG
cylinders found in violation of this Act, and during the transport of the confiscated LPG
cylinders to the impounding area: Provided, That the PNP shall not, by itself, conduct LPG
inspections nor confiscate LPG cylinders without a formal request from the DOE and DTI

SEC. 11. LPG Monitoring and Enforcement Task Force. —
(a) The DOE may establish an LPG Monitoring and Enforcement Task Force with the
following members:
i. Secretary of the DOE as Chairperson;
ii, Secretary of the DILG and Secretary of the DTI as members;
iii, Representatives of other government agencies as may be determined by the
Chairperson;


iv. Representatives from LPG industry participants as may be determined by the
Chairperson; and
v. Representatives from the private-sector entities and consumer groups as may be
determined by the Chairperson.
(b) The LPG Monitoring and Enforcement Task Force shall have the following powers
and functions:
i. Assist the DOE in monitoring and compliance standards inspection as provided
in this Act, and
ii, Exercise other powers and functions necessary to give force and effect to this
Act.
(c) Prior to the creation of the LPG Monitoring and Enforcement Task Force or whenever
deemed necessary, the DOE may request such other government agencies to assist in the
effective discharge of its functions as provided in this Act.

CHAPTER IIL
LICENSES, PERMITS AND OTHER BUSINESS REQUIREMENTS

SEC.12. License to Operate. —

(a) The DOE shall have the exclusive authority to issue the License to Operate. It shall be
site/plant/outlet-specifie and valid for such period as may be determined by the DOE. For
purposes of this Act, the License to Operate shall certify that the applicant has complied with all
the documentary requirements and safety rules and regulations prescribed by the DOE and other
pertinent government agencies.

(b) Any person intending to engage in any activity or business involving LPG shall
secure a License to Operate prior to commencement of construction and commercial operations

(c) Any person or entity that subsequently engages in an activity or business outside of
the scope of its License to Operate shall duly notify the DOE and secure the proper License to
Operate from and where deemed necessary by the DOE for such new activity or business.

(d) The DOE shall prescribe specific guidelines for compliance of retail outlets, dealers
and haulers in remote areas outside Metro Manila.

(¢) An LPG industry participant who has a License to Operate shall transact business only
with an LPG indusiry participant who likewise has a License to Operate

(f Subject to the provisions of this Act, any person engaged in any activity or business
involving LPG shall obtain a License to Operate: Provided, however, That those legally engaged
shall obtain a License to Operate within six (6) months from the effectivity of this Act

SEC. 13. Certificate of Non-Coverage (CNC). ~ Any person or entity whose principal

business requires consumption of LPG in bulk and which business operation does not include, in
8


any way, the distribution or retail of LPG to consumers, such as but not limited to garage-based
auto-LPG stations, centralized LPG distribution systems, shall secure a CNC from the DOE.

For purposes of this Act, a garage-based auto-LPG operation shall refer to the operation
of a motor vehicle fleet with a number of vehicle units as may be determined by the DOE and
which vehicle units are parked and serviced in a confined area or garage. The DOE shall
prescribe such other conditions in order that an auto-LPG dispensing activity shall be deemed as
a garage-based operation.

Bulk suppliers shall ensure that their bulk consumers have secured the necessary CNC
prior to entering into any supply contract or agreement with said bulk consumers

A copy of such contract or a sworn certification shall be submitted to the DOE within
thirty (30) days from the execution thereof.

The CNC does not in any way preclude compliance with applicable PNS, requirements of
the BFP and other concerned government agencies.

SEC. 14. Suspension or Revocation of License to Operate. ~ The DOE shall have the
power to suspend or revoke, after due notice and hearing, the license to operate of any person
engaged in any activity or business involving LPG for the commission of any of the prohibited
acts as provided in this Act.

SEC. 15. Mandatory Requirement Prior to Issuance or Renewal of Local Government
Business License or Mayor's Permit. — The license to operate shall be a mandatory
requirement for the grant or renewal of any LGU business license or Mayor’s permit to engage in
business involving LPG regardless of whether or not the products or activities constitute the
entire or a portion of the business for which a business license is sought by the applicant.

SEC. 16. Action of LGUs on Suspended or Revoked License to Operate. — Upon receipt
of written notice by the DOE of suspension or revocation of the license to operate of a concerned
LPG industry participant, the LGU shall, immediately after due notice and hearing, suspend or
revoke the LGU business license or Mayor’s permit of said LPG industry participant.

The LGU shall formally communicate to the DOE the fact of such suspension or
revocation within five (5) working days from receipt of the written notice of revocation of
license to operate from the DOE.

SEC. 17. Certificate of Accreditation for Manufacturers, Re-qualifiers, Repairers of
LPG Gplinders and Cylinder Seal Manufacturers. — Prior to the commencement of its

operations and annually thereafter, any person who intends to engage in the business of

manufacturing, re-qualifying, or repairing LPG cylinders shall obtain a certificate of
accreditation from the DTI


Secwmrxauanun

Any person already engaged in the business of re-qualification, repair, scrappage of LPG
cylinder, and seal manufacturing shall upon the effectivity of this Act, apply for a certificate of
accreditation from the DTI

CHAPTER IV
AUTO-LPG

SEC. 18. Retailing of Auto-LPG. — Any person who is operating or intending to operate
an auto-LPG dispensing station shall comply with the following requirements and such other
requirements as may be provided in the implementing rules and regulations of this Act:

(a) An auto-LPG dispensing station shall conform to the existing standards for the
construction and safety operation of such facility and other standards prescribed by the BPS;

(b) An auio-LPG dispensing station shall only refill LPG containers for automotive use
which conform to the specifications prescribed in the existing PNS and installed in vehicles
complying with ihe existing “Code of Practice for the Use of Liquefied Petroleum Gas (LPG)
System in Internal Combustion Engines” and other standards prescribed by the BPS; and

(©) An auto-LPG dispensing station shall not refill LPG cylinders for household or

commercial use.

CHAPTER V
OWNERSHIP OF LPG CYLINDERS
AND CONTAINERS FOR AUTOMOTIVE AND DOMESTIC USE

SEC. 19. Ownership of LPG Cylinders. — The LPG brand owner whose permanent mark
appears on the L?G cylinder shall be presumed:the owner thereof, irrespective of the party in
custody or possession of the LPG cylinder. For existing LPG cylinders, including all imported
cylinders, without the embossed markings or signs, permanent marks refer to distinctive collars
or collars with distinctive designs or markings of permanent character installed upon
requalification or prior to local circulation, as the case may be.

The rights and obligations of LPG brand owners shall be provided in the implementing
rules and regulations of this Act.

The LPG brand owner shall have the obligation to ensure that its LPG cylinders comply
with all the required quality and safety standards and specifications before they are released for
distribution: Provided, That receipt by the DOE of a verified notice or report from the LPG
brand owner regarding any lost, stolen, or missing LPG cylinders shall prima facie relieve the
LPG brand owner of the obligation to ensure the quality and safety of such LPG cylinders. Such
report may be rebutted by contrary evidence.


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SEC. 20. Ownership of LPG Containers for Automotive Use. — Containers of LPG for

automotive use s

ll be permanently installed inside the vehicles and shall be inherent and
integral parts of the vehicle. Ownership of such containers shall be on the vehicle owner.

CHAPTER VI
MONITORING AND ENFORCEMENT MECHANISMS

SEC. 21. Reports and Disclosures to the DOE. ~ Subject to the limitations under this
Act, the DOE shall have the power and authority to require LPG industry participants to submit
written, electronic or other forms of reports or disclosures. Any LPG industry participant who
fails to submit any such report or disclosure within the period and in the manner prescribed by
the DOE shall be penalized under this Act.

SEC. 22. Central Database of LPG Industry Participants. - The DOE shall, within one
(1) year from the effectivity of this Act, create a central database of LPG industry participants,
which shall be updated on a monthly basis. Subject to the limitations provided herein,
information in the central database shall be made available to the public and through the internet
upon payment of reasonable fees and charges and during office hours. The central database of
LPG industry participants shall include their corporate or business name or trade name; a list of
all directors and officers; principal office or business address; primary purpose or nature of
business; registered brand name or logo for LPG, LPG cylinder, facilities and equipment;
haulers, dealers, retail outlets and LPG cylinders, seal manufacturers; violations committed or
incidents relating to such violations, if any; agreements with other LPG industry participants,
such as for cross-filling and similar arrangements; list of lost, stolen or missing LPG cylinders,
and such other relevant information as may be determined by the DOE.

The foregoing provisions to the contrary notwithstanding, the right of LPG industry
participants against undue disclosure of information shall be recognized. Unless necessary for
ensuring the safe operations of the LPG industry, the DOE may not require from the LPG
industry participant the disclosure of intellectual property rights, trade secrets and proprietary
data, or other legitimate commercial information which are confidential or privileged in nature.
Any information, document, plan, and other matter disclosed necessary for ensuring the safe
operations of the PG industry which constitute intellectual property, trade secrets or proprietary
data or other legitimate commercial information which are confidential or privileged in nature,
shall not be disclosed by the DOE or any other person having access thereto to other LPG
industry participants or to the public.

The provisions of Republic Act No. 8293, otherwise known as the “Intellectual Property
Code of the Philippines,” and other laws insofar as applicable shall continue to apply to

information, documents, plans and other matters disclosed pursuant to this Act.
Wl


CHAPTER VIL
DECLARATION OF LPG CYLINDER AS DEFECTIVE,
INJURIOUS, UNSAFE OR DANGEROUS

SEC. 23. Declaration of LPG Cylinder as Defective, Injurious, Unsafe or Dangerous. ~
When the DOE or DTI, as the case may be, finds, motu proprio or upon petition of any person,
that an LPG cylinder is generic, non-compliant, defective, injurious, unsafe or dangerous, it
shall, after due notice, issue the appropriate order for its immediate confiscation, recall, seizure,
impoundment or prohibition from public sale or distribution, in which case the LPG cylinder
‘owner shall be afforded a hearing within forty-eight (48) hours from issuance of such order, for
the purpose of determining the propriety of the recall and seizure of the LPG cylinders
Provided, That such a declaration shall be limited to instances when the LPG cylinder is already
filled and already sealed inside a refilling plant, dealer's showroom, retail outlets, or LPG
cylinder transporter: Provided, further, That the DOE or the DTI shall, within thirty (30) days
from termination of administrative proceedings, make a final determination as to whether or not
an LPG cylinder is defective, injurious, unsafe or dangerous.

Filled LPG cylinders that are found by the DOE or the DTI to pose an imminent threat or
danger of exploding shall be disposed of without the necessity of serving prior notice to the
‘owners thereof. The DOE or the DTI shall notify the violator, owner or respondent of such fact
within five (5) days after such disposition.

CHAPTER VII
‘TRANSPORT OF LPG IN CYLINDERS.

SEC. 24. Transport of LPG in Cylinders. — The DOE shall, in consultation with other
concerned government agencies, issue appropriate guidelines for the transport of LPG in
cylinders. The LPG industry participants shall not allow any vehicle used for the transport of
LPG in cylinders to enter its premises, including refilling plants, depots or warehouses, unless
such vehicle has complied with the requirements of the DOE for the transport of LPG in
cylinders. For the transport of LPG in cylinders to households, the LPG industry participants
shall only use vehicles that meet the requirements prescribed by the DOE, as well as those of the
Department of Transportation and Communications (DOTC), the Department of Public Works
and Highways (DPWH) and the concerned LGUs. As proof of compliance, the certificate of
road worthiness from the Land Transportation Office (LTO) or the Land Transportation
Franchising and Regulatory Board (LTFRB) shall be presented as additional documentary
requirement for the issuance and renewal of a license to operate.


Vehicles carrying, transporting, or delivering LPG cylinders which are not registered and
without the appropriate DOE signage shall be seized or impounded by the DOE. The guidelines
for the accreditation of drivers and attendants for LPG delivery vehicles shall be prescribed by
the DOE upon prior consultation with the LPG industry participants and other government

agencies concerned.

CHAPTER IX
PHILIPPINE LPG CYLINDER IMPROVEMENT PROGRAM

SEC. 25. Philippine LPG Cylinder Improvement. — A Philippine LPG Cylinder
Improvement Program shall, within six (6) months upon the effectivity of this Act, be
implemented with the objective of safeguarding and ensuring the safety of consumers. The DOE
shall, upon prior consultation with the LPG industry participants, consumer groups, and other
government agencies concerned, come up with the Philippine LPG cylinder improvement
program within one hundred eighty (180) days from the approval of this Act. The program shall
include the mechanics, rules, and regulations on swapping, exchange, return of cylinders and
other requirements with the objective of safeguarding and ensuring the safety of the consumers

CHAPTER X
PROHIBITED ACTS, FINES AND PENALTIES

SEC. 26. Engaging in Business without License to Operate. ~ Any LPG industry
participant who engages in business without securing a License to Operate from the DOE as
required under this Act shall be penalized with a fine of not more than Five thousand pesos
(P5,000.00) for cach day of operation without a License to Operate: Provided, That the
maximum fine to be imposed shall be Five hundred thousand pesos (P500,000.00) for an
individual and One million pesos (P1,000,000.00) for a partnership or corporation.

SEC. 27. Engaging in Business without Accreditation. ~ Any person who engages in the
business of manufacturing LPG cylinder seals or of re-qualifying, repairing or scrapping LPG
cylinders without first securing a certificate of accreditation from the DTI as provided under this
Act, shall be penalized with a fine of One million pesos (PI,000,000.00)

SEC. 28. Refusal or Obstruction of Inspection. — Any LPG industry participant who
refuses, prevents or obstructs the inspection of its premises and records as required under this
Act shall be penalized with a fine of not more than Three hundred thousand pesos (P300,000.00)
for the first violation, Five hundred thousand pesos (500,000.00) for the second violation and

revocation of the License to Operate for the third violation.
13


SEC. 29. Failure to Post License to Operate. — Any LPG industry participant concerned
who fails or refiuses to post its License to Operate shall be penalized with a fine of not exceeding
Five thousand pesos (P5,000.00) for each instance of violation.

SEC. 30. Failure to Submit Reportorial Requirements. — Any LPG industry participant
who fails to submit periodic reports as may be required under existing laws particularly Republic
Act No. 8479, otherwise known as "Downstream Oil Industry Deregulation Act of 1998," within
a reasonable period and in the manner prescribed by the DOE, shall be penalized with a fine of
Ten thousand pesos (P10,000.00) in case of an individual and Twenty thousand pesos
(P20,000,00) in case of a partnership or corporation.

SEC. 31. Megal Storage. ~ Any person who stores LPG in bulk without obtaining a
License to Operate or Certificate of Non-Coverage as required under this Act shall be penalized
with a fine of not less than Twenty thousand pesos (P20,000.00) but not more than One hundred
thousand pesos (P100,000.00).

SEC. 32. Failure to Comply with Product Standards. ~ Any concerned LPG industry
participant who, by act or omission, fails to comply with plant, facility or product standards set
by the DOE with respect to their specific activity shall be penalized as follows

(a) Non-compliance with DOE mandatory requirements on safety designs for refilling
plants, equipment, depots, centralized LPG distribution systems and similar facilities shall be
penalized with a fine of not less than Fifty thousand pesos (P50,000.00) but not more than Five
hundred thousand pesos (P500,000.00). For ‘this purpose, the DOE shall, after public
consultation, formulate a table of penalties to determine the imposition of the minimum and the
maximum penalty: Provided, That nothing in this paragraph shall preclude the DOE from
ordering the closure of the facility until such time that the mandatory requirements have been
met, and

(b) Failure to secure the required PNS Certificate for LPG cylinders shall be penalized
with a fine of Five thousand pesos (P5,000.00) for each non-compliant LPG cylinder used and
distributed to consumers: Provided, That the maximum fine to be imposed shall be Five hundred
thousand pesos (P500,000.00) for an in n_ pesos (P1,000,000.00) for a
partnership or corporation. Non-compliant LPG cylinders shall be confiscated and forfeited in

dual and One mi

favor of the government and disposed of accordingly: Provided, further, That this section shall
apply only after the full implementation of the Philippine LPG Cylinder Improvement Program.

SEC. 33. Adulteration. — LPG-filled cylinders found to be mixed with another finished or

unfinished petroleum product or stock or with any non-petroleum substance or material that will
14


result in product quality change or in the failure of the LPG to meet the required product
specifications of the DOE shall render the person in possession thereof prima facie liable for
violating this provision and shall be penalized with a fine of Five thousand pesos (P5,000.00) for
each LPG cylinder containing adulterated LPG: Provided, That the maximum fine to be imposed
shall be Five hundred thousand pesos (P500,000.00) for an individual and One million pesos
(PI,000,000.00) for a partnership or corporation.

SEC. 34. Underfilling. — When the net quantity of LPG contained in LPG cylinders
intentionally sold, transferred, delivered or filled by refillers is less than the LPG cylinder
content required by the DOE at the filling plant, the refiller shall be penalized with a fine of Five
thousand pesos (P5,000.00) for each underfilled LPG cylinder: Provided, That the maximum fine
to be imposed shall not exceed Five hundred thousand pesos (P500,000.00) for an individual
and One million pesos (P1,000,000.00) for a partnership or corporation.

When the net quantity of LPG in cylinders intentionally sold, transferred, or delivered by
dealers or retail outlets is at least three tenths of one kilogram (0.30 kg) less than the DOE-
required LPG cylinder content quantity, the dealers or retail outlets shall be penalized with the
same fines mentioned earlier in this paragraph: Provided, further, That when the net quantity of
LPG cylinders sold, transferred or delivered by dealers or retail outlets is at least five hundred
(500) grams less than the DOE-required LPG cylinder content quantity, the said cylinders shall
be confiscated outright and the refillers, dealers or retail outlets thereof shall be penalized with
the aforementioned penalties

The following shall be considered as prima facie evidence of underfilling:

(a) A broken, tampered, absent or removed seal; or

(b) An LPG cylinder containing less than the required LPG quantity which is not so
identified and set apart or taken out from the sales area by dealers or retail outlets is presumed to
be for sale.

SEC. 35. Mlegal Refilling. — The following shall constitute illegal refilling of LPG
cylinders under this Act:

(a) Refilling of LPG cylinder by a person or entity other than the brand owner thereof,
unless an express permission is granted by the brand owner for such refilling as evidenced by a
written contract or similar instrument,

(b) Refilling of LPG cylinder with a brand, trademark, trade name or registered business
name other than that of the brand owner indicated on the LPG cylinder tank, otherwise called
"pirate filling" or "cross-filling";

(c) Refilling of LPG cylinder with bearing defaced, tampered or illegible markings
contrary to the mandatory labelling and stamping requirements under this Act;


(d) Refilling of LPG cylinder which is due for repair, re-qualification or scrappage as
provided in this Act or is subject to the recall or prohibition order of the DOE;

(©) Filling of LPG cylinder directly from LPG tank trucks without the use of approved
filling machines,

(© Refilling LPG from one LPG cylinder to another without using the prescribed
equipment;

(g) Backyard refilling of LPG cylinder other than in properly designed LPG refilling
plants,

(h) Filling LPG cylinder with products or substances other than LPG in an effort to
achieve the correct net weight;

(i) Refilling of LPG cylinders for household or commercial use by Auto-LPG Dispensing
Stations,

() Refilling of LPG into single-trip or tin canister or cartridge not designed or intended
for LPG or not in compliance with existing PNS or, in the absence of a PNS, without the express
consent, approval or conformity of the DTI;

(k) Any other refilling of LPG cylinders in violation of the mandatory requirements or
prescribed standards under this Act; and

(1) Unauthorized loading of bulk LPG tanks in industrial accounts.

An LPG industry participant found guilty of illegal refilling under this section shall be
penalized with a fine of five thousand pesos (Php5,000.00) for each illegally-filled or refilled
LPG cylinder, Provided, further, That the maximum fine to be imposed shall be Five hundred
thousand pesos (P500,000.00) for an individual and One million pesos (P1,000,000.00) for a
corporation: Provided, finally, That illegally refilled LPG cylinders described in sub-paragraphs
(©), @, (©), (, (g). (h) and (i) above shall be confiscated outright and the refillers, dealers or
retail outlets thereof shall be penalized with the aforementioned penalties.

SEC. 36. Hoarding. - Any LPG industry participant who, before a price increase or in
times of tight supply, unduly accumulates LPG products beyond his normal inventory levels and
unreasonably limits or refuses to dispose of, sell, or distribute LPG products to the general
public, even if the buyer or consumer has the ability to pay in cash for the LPG products, shall be
penalized with a fine of at least One hundred thousand pesos (P100,000.00) but not more than
One million pesos (P1,000,000.00)

The determination of said participant's usual inventory shall be reckoned from the third
(3rd) month immediately preceding the discovery of the stocks in case said participant has been
engaged in the business for at least three (3) months. Otherwise, it shall be reckoned from the
time the participant started the business

For purposes of this Act, it shall be considered as prima facie evidence of hoarding when

the following conditions concur:
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CmraHvneun

(a) said LPG industry participant has stocks of LPG products fifty percent (50%) higher
than his inventory capacity; and

(b) said LPG industry participant unreasonably limits, refuses or fails to sell the same to
the general public at the time of discovery of the stocks.

SEC. 37. Unauthorized Trading of LPG Cylinders. — Any person who, without the
consent of the LPG brand owner, stores or sells empty LPG cylinders in excess of those allowed
by the DOE, through LPG cylinder swapping and other similar industry practices and exchanges,
barters, sells, distributes or otherwise transfers ownership or possession thereof to a person or
entity other than the LPG brand owner and without the authority of the LPG brand owner, shall
be penalized with a fine of Five thousand pesos (P5,000.00) for each illegally-stored or sold
empty LPG cylinder: Provided, That the maximum fine to be imposed shall be Five hundred
thousand pesos (P500,000,.00) in case of an individual and One million pesos (P1,000,000.00) in

case of a partnership or corporation

SEC. 38. Tampering of LPG Cylinders and Similar Acts. — Any person who destroys,
tampers, alters or modifies LPG cylinders through any means such as, but not limited to,
changing the LPG cylinder valve, repainting and re-labelling by any person other than the LPG
cylinder owner, or any person found in possession of tampered LPG cylinders shall be penalized
with a fine of Five thousand pesos (P5,000.00) for each tampered or altered LPG cylinder:
Provided, That the maximum fine to be imposed shall be Five hundred thousand pesos
(P500,000.00) for an individual and One million pesos (P1,000,000.00) for a partnership or
corporation

SEC. 39. egal Possession of LPG Cylinder Seal. — Any person found in possession of
including the seals already used in the LPG cylinders without authority from
the LPG cylinder owner or its authorized refiller shall be penalized with a fine which shall not
exceed—Five thousand pesos (P5,000.00) for each LPG seal found in its or his possession:
Provided, That the maximum fine to be imposed shall be Five hundred thousand pesos
(P500,000.00) for an individual and One million pesos (P1,000,000.00) for a partnership or

LPG cylinder seals,

corporation.

SEC. 40. Failure to Comply with Weighing Device Requirements. — Any marketer,
refiller, dealer or retail outlet who fails to comply with the requirements pertaining to weighing
devices as required by the DOE and DTI, shall be penalized with a fine of Ten thousand pesos
(P10,000.00) in case of an individual or Twenty thousand pesos (P20,000.00) in case of a

partnership or corporation


SEC. 41, Overloading. — Any hauler or transporter who loads and transports or permits
the loading and transportation of LPG cylinders in quantities greater than the rated capacity of
the vehicle or in such a manner that endangers the life and safety of its passengers or the public,
shall be penalized with a fine of Twenty thousand pesos (P20,000.00) in case of an individual
and Fifty thousand pesos (P50,000.00) in case of a partnership or corporation: Provided, That the
penalties provided herein shall be without prejudice to its liability under other laws for any
damage or injury to person or property

SEC. 42. Mlegal Importation of Used or Second-Hand LPG Cylinders and Tin
Canisters or Cartridges. — Any person who imports used or second-hand LPG cylinders or tin
containers or cartridges, without securing authority to import from the DTI, shall be penalized
with a fine of One hundred thousand pesos (P100,000.00) or Five thousand pesos (P5,000.00)
per LPG cylinder or container whichever is higher

SEC. 43. Sale or Distribution to Non-complying Persons or Entities. - Any LPG
industry participant who knowingly sells or distributes LPG products, LPG cylinders or LPG
seals to persons or entities without License to Operate from the DOE or Accreditation from the
DTI, as the case may be, shall be penalized for each sale or distribution with a fine of not less
than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos
(500,000.00).

SEC. 44. Pilferage of LPG. — Any person who pilfers LPG shall be penalized with a fine
of Five hundred thousand pesos (P500,000.00) for an individual and One million pesos
(P1,000,000.00) foi a corporation: Provided, That the maximum fine to be imposed shall be Five
hundred thousand pesos (P500,000.00) for an individual and One million pesos (P1,000,000.00)

for a corporation.

SEC. 45. Sule or Distribution of LPG-filled Cylinders Without Seals. - Any person,
brand owner, its authorized refiller, dealer or retail outlet who sells or distributes LPG-filled
cylinders without seal, with tampered, fake or broken seals, or with seal not belonging to the
brand owner shall be penalized with a fine of not less than Five thousand pesos (P5,000.00) for
each LPG cylinder: Provided, That the maximum fine to be imposed shall be Five hundred
thousand pesos (P500,000.00) for an individual and One million pesos (P1,000,000.00) for a
partnership or corporation.

SEC. 46. Refiling, Sale or Distribution of LPG in Canisters or Cartridges. — It shall be
unlawful for any person to refill, sell, trade, or distribute LPG in single-trip tin canister or

cartridge that is intended or labeled as for one time use only, not designed or intended for LPG,
18


not in compliance with existing PNS or in the absence of PNS, without the express consent,
approval or conformity of the DTI.

Any person who sells or distributes LPG in single-trip (non-refillable) canisters or
cartridges which has been previously filled with butane and not designed or intended for refilling
of LPG due to non-compliance with the PNS or not certified or allowed by the DTI shall be
penalized with a fine of not less than Five thousand pesos (PhpS,000.00) for each LPG canister
or cartridge: Provided, That the maximum fine to be imposed shall be Five hundred thousand
pesos (PhpS00,000.00) for an individual and One million pesos (Php1,000,000.00) for a
partnership or corporation.

SEC. 47. __Profiteering. - The sale or offering for sale of LPG at a price grossly in
excess of its true worth. There shall be prima facie evidence of profiteering whenever a basic
necessity or prime commodity being sold: (a) has no price tag; (b) is misrepresented as to its
weight or measurement; (c) is adulterated or dilluted; or (4) whenever a person raises the price of
any basic necessity or prime commodity he sells or offers for sale to the general public by more
than ten percent (10%) of its price in the immediately preceding month: Provided, that, in the
case of agricultural crops, fresh fish, fresh marine products, and other seasonal products covered
by this Act and as determined by the implementing agency, the prima facie provisions shall not
apply.

SEC. 48. Other Prohibited Acts. ~The following acts shall likewise be prohibited

(a) Sale, refill and distribution to or transactions with an LPG industry participant who
has no license to operate;

(b) Manufacture, sale, or distribution of LPG cylinders to the local market without the
necessary Philippine Standard (PS) marks and other markings as required by the PNS and its
future amendments, or the detailed standard governing LPG cylinder manufacture,
requalification, and repair,

(c) Sale and distribution of LPG cylinders considered substandard as defined by the PNS;

(d) Manufacture or sale of LPG cylinders carrying a brand name, logo, mark, or
distinction without the express approval of the registered brand owner;

(c) Manufacture of LPG cylinders using substandard or non-industrial steel plates;

( Putting incorrect, inaccurate or misleading information such as, but not limited to, the
tare weight on the LPG cylinder; and

(g) Knowingly selling illegally-filled or refilled LPG cylinders by marketers, dealers or
retail outlets.

A fine of at least Five hundred thousand pesos (PhpS00,000.00) but not more than One
million pesos (Php1,000,000.00) shall be imposed on any person, firm, partnership or

corporation found guilty of committing any of the foregoing prohibited acts.
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SEC. 49. Share of LGUs on Fines and Penalties. —~ The LGU concerned shall be allotted
a forty percent (40%) share of the proceeds from fines and penalties collected by the DOE:
Provided, That the remaining sixty percent (60%) shall be used by the DOE to implement the
provisions of Section 56 and 57 of this Act.

SEC. 50. "Strike Three" Penalty. — Any person convicted or found administratively
liable with finality of violating the provisions of this Act for three (3) instances shall be
disqualified from engaging in any activity in the LPG industry for a period as may be determined
by the DOE,

SEC. 51. Publication of Violators of this Act. ~The DOE shall, on a quarterly basis,
publish in a newspaper of general circulation, the names of LPG industry participants found
liable for prohibited acts under this Act.

SEC. 52. Violations by Juridical Entities. — \f the violation is committed by a
corporation, partnership, association, or other juridical entity, the penalty of imprisonment shall
be imposed on the responsible directors or officers thereof. Any new juridical entity formed by
persons previously found in violation of the prohibited acts under this Act shall not be eligible
for any license to operate by the DOE. If the offender is an alien, he shall be deported
immediately, without further proceedings, after service of sentence.

SEC. 53. Imposition of Minimum and Maximum Penalty for Administrative Actions. —
The DOE shall, after public consultation, formulate a table of penalties to determine the
minimum and maximum penalty which shall be imposed for each prohibited act provided in this
Act: Provided: That the penalty shall be within the minimum and maximum range provided for
each prohibited act mentioned in this Act, and taking into consideration the classification of the
offender as a retail outlet, dealer, marketer, refiner, refiller, hauler, importer or hoarder, and the
number of times or instances such prohibited act is committed by the offender: Provided, further,
‘That nothing herein shall preclude the DOE from ordering the suspension or cessation of the
operation of the facility, or the closure thereof until such time that mandatory requirements or

corrective measures as directed by the DOE have been met.

SEC. 54. Initiation of Administrative Action by the DOE. — \n compliance with due
process requirements, an administrative action shall be initiated by the DOE through the issuance
of a show cause notice to the offender giving the latter the opportunity to submit within a
prescribed period, which the DOE shall set, his written explanation on the circumstances or

reasons behind the violation. The DOE shall have the discretion to conduct a hearing pertaining
20


38

to the violation, or impose outright the appropriate penalty based on the merits of the written

explanation.

SEC. 55, Initiation of Criminal Action. — In addition to the administrative sanction that
may be imposed, a criminal action may be initiated against any person who commits any of the
prohibited acts provided under sections (31), (32), (33), (34), (35), (36), (37), and (44) hereof and
who shall, upon conviction, be imposed with a fine within the minimum and maximum range
prescribed for the prohibited act provided in this Act, or with imprisonment of at least six (6)
months, but not more than two (2) years, or both, at the discretion of the court

SEC. 56. Applicability of Penalties. - The penalties provided in the preceeding sections
shall be applied prospectively.

CHAPTER XI
EDUCATION AND RESEARCH

SEC. 57. Usage Requirements for Consumers and End-Users. ~ The DOE and the DTI
shall jointly undertake educational and information dissemination activities to enhance customer
awareness among LPG consumers and end-users. The DOE and the DTI, after consultation with
the LPG industry participants, may prescribe rules and regulations in relation to the following:

(a) For industrial or large end-users, installation of sign at storage facilities;

(b) Use of only branded, legally-filled and certified LPG cylinders; and

(c) Installation of LPG appliances and devices approved by the DTI: Provided, That such
appliances and devices shall be installed only by qualified servicemen as provided in this Act

SEC. 58. Development Research. ~The DOE shall, in coordination with the Department
of Science and Technology (DOST) and the DTI, conduct study and research for the purpose of
developing more efficient methods of providing safe, clean and hazard-free LPG to consumers,

CHAPTER XI
FINAL PROVISIONS

SEC. 59. Implementing Rules and Regulations. — Unless otherwise expressly provided
in this Act, the DOE shall, in consultation with the DTI, Department of Labor and Employment
(DOLE), other appropriate agencies, consumer groups and the LPG industry participants, be the
lead agency to formulate, issue and promulgate the necessary implementing rules and regulations
within sixty (60) days from the effectivity of this Act. The implementing rules and regulations

shall cover, among others, guidelines and standards for LPG weighing devices, cylinder sealing,
21


labeling requirements, quality standards, delivery vehicles, drivers, and attendants, and the
Philippine LPG Cylinder Improvement Program.

SEC. 60. Transition Phase. — The DOE shall, upon prior consultation with the LPG
industry participants and other government agencies, and taking into account data obtained from
LPG industry participants and other sources, determine the appropriate period for the transition
phase to allow for compliance by all LPG industry participants with the objectives of this Act

SEC. 61. Appropriations. — The amount necessary to effectively implement the
provisions of this act shall be charged against the current year’s appropriations of the department
of energy. Thereafter, such sums as may be necessary for its continued effective implementation
shall be included in the annual general appropriations act.

SEC. 62. Joint Congressional Oversight Committee. — There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this. Act. The committee
shall be composed of three (3) senators and three (3) representatives to be appointed by the
Senate President and the Speaker of the House of Representatives, respectively. The oversight
committee shall be jointly chaired by the Chairpersons of the Senate Committees on Energy and
Trade and Commerce and the House Committees on Energy and Trade and Industry: Provided,
That the Minority in both the Senate and the House of Representatives shall be equitably
represented therein: Provided, further, That the Oversight Committee shall exist for a period of
TEN (10) years from the effectivity of this Act.

‘The mandate given to the Joint Congressional Oversight Committee under this Act shall
be without prejudice to the performance of the duties and functions by the respective existing
oversight committees of the Senate and the House of Representatives.

SEC. 63. Construction and Interpretation. ~ Any doubt in the interpretation of any
provision in this Act shall be interpreted in favor of the interest of the consumers particularly to
ensure access to reasonably-priced LPG and the safety of the consumers and the general public.

SEC. 64. Separability Clause. — If for any reason, any chapter, section or provision of
this Act shall be declared unconstitutional, illegal, or invalid, such parts not affected thereby
shall remain in full force and effect.

SEC. 65. Transparency Clause. — Final decisions, orders and rulings of the DOE, DTI,
DILG, LGUs and the PNP shall, with reference to the implementation of the provisions of this
act, be published on their respective websites, subject to existing laws, executive orders, rules

and regulations.
22


Cmdr ds.H BwN

SEC. 66. Repealing Clause. — All laws, decrees, executive orders, proclamations and
administrative regulations, or parts thereof inconsistent herewith are hereby repealed or modified
accordingly

SEC. 67. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

23