HOUSE F REPRESENTAI
RECEIVED

Republic of the Philippines
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES

Quezon City, Metro Manila

|

SEVENTEENTH CONGRESS | REGISTRATION UNIT
First Regular Session | BILLS AND INDEX SERVICE

1221

House Bill No.

Introduced by Honorable REYNALDO V. UMALI

EXPLANATORY NOTE

Liquefied Petroleum Gas (LPG) is being used in nearly all sectors of
consumption, in almost all regions of the world, for a wide variety of applications.
Apart from road transport, LPG is used as an energy source in cooking, domestic
heating, hot water supply and heat generation for work processes. As LPG is easy
to store and carry, it can be deployed even at locations unconnected to public
energy networks. LPG is therefore also known as a ‘mobile energy source’. After
technical modifications, it is possible to use LPG (autogas) as a fuel and propellant
in combustion drive systems (combustion engines and turbines). By far the most
important application of LPG as a transport fuel for road transport vehicles with
internal combustion engines.

Given the foregoing recognition of importance of LPG, this bill seeks to
promote national awareness and education regarding the quality and safety
requirements for the proper use of LPG products for household, commercial,
industrial or automotive use (Auto-LPG) and cylinders or containers for LPG to
further consumer protection, This bill if enacted into law, shall be applied 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, 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.

Hence, the approval of this bill is earnestly sought.

|ALDO V.
Representative
Second District, Province of Oriental Mindoro

Republic of the Philippines


HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

1221

House Bill No.

Introduced by Honorable REYNALDO V. UMALI

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

CHAPTER I
GENERAL PROVISIONS
SECTION 1. Short Title. - This Act shall be known as the “LPG Industry
Regulation and Safety Act of 2016.”

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, requalification, exchange, swapping or improvement of LPG

linders;

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, 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 the purposes of this Act, the following terms
are defined herein below:

(a) "Accreditation" refers to the formal recognition of competency given by
the Philippine Accreditation Bureau (PAB) of the Department of Trade and Industry
(DT!) 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;

(c) "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;

(a) "Auto-LPG" refers to LPG intended to fuel, propel or otherwise provide
power to motor vehicles;

(e) "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;


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

{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);

(4) "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;

() “Canister” or “Cartridge” refers to any portable pressure vessel or
container designed or intended for LPG, with water capacity of less than that of an
LPG cylinder;

() "Centralized LPG Distribution System" refers to a network of pipes or
similar conduit used for the conveyance of LPG from the piped LPG provider to
consumers confined within the same compound or establishment such as, but not
limited to, shopping malls and condomi

(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;”

ums;

() "Consumer" refers to any person 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;

(n) "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 designed for the transportation and storage 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;

(1) "Defective Cylinder" refers to a 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;

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

(t) "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 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;

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

(aa) "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;

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

(cc) "Refilling Plant" refers to any facility that is used for LPG bulk storage
and refilling LPG into cylinders;

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

(ce) "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;

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

(gg) "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;

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

(ii) "Retail Outlet" refers to any entity that sells LPG in cylinders directly to
a consumer in quantities as may be determined by the DOF;

(i) “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;

(kk) "Scrappage" refers to the destruction of defective LPG cylinders declared
by a re-qualifier of the DTI to be unfit for use;

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

(mm) “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. ~ In addition to its powers and
functions under existing laws, the DOE shall exercise the following powers and

functions:

(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
LPG industry participant;

itinize the records of the concerned

(c) Inspect LPG cylinders in circulation, 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;

(d) After the conduct of inspection or investigation, confiscate and impound
immediately 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;

(c) 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;

(8) 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, after due notice and hearing, for
committing any of the prohibited acts as provided in this Act;

(i) Issue cease-and-desist 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;

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

(k) 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;

() 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;

(m) 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. ~ The DTI shall have the following

exclusive powers and functions:

{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;

(c) 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;

(a) Grant accreditation and certification of conformity to the PNS to re-
ers, LPG cylinder manufacturers and other independent,
competent, private persons and entities that provide products and services

qualifiers, _repai

involving LPG cylinders and revoke the same, if warranted; and

(c) Extend all the necessary assistance to the DOE to achieve the objecti
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 DT", for the orderly
and effective implementation of this Act: Provided, That only the personnel or unit
of the PNP duly deputized by the DOB, or such special task force from the different
enforcement agencies organized by the DOE for the purpose, shall have the

authority to implement or enforce this Act;

(b) Coordinate and cooperate with the DOE and the DTI in the conduct of
information dissemination to the LGUs and the PNP; and

(c) 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 assist the DOE by
providing an adequate and safe area where impounded LPG cylinders shall be kept.


‘The LGU shall immediately suspend or revoke the business permit or license
to operate of an LPG industry participant upon the issuance by the DOB 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 DOB 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 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.

(©) Prior to the creation of the LPG Monitoring and Enforcement Task Force
or whenever deemed necessary, the DOE may deputize 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-specific 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 DOF for

such new activity or business.

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

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

nse 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 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 agenci

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 LGU’s 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
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
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 Cylinders 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.

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 auto-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 the 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

(c) 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 USE

SEC. 19. Ownership of LPG Cylinders. ~ The LPG brand owner whose permanent
mark appears on the LPG cylinder shall be presumed the owner thereof,

irrespective of the party in custody or possession of the LPG cylinder. Permanent
marks refer to the embossed trade or brand name of the registered owner thereof as

prescribed by the DTI for LPG cylinders.


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.

SEC, 20, Ownership of LPG Containers for Automotive Use. — Containers of LPG
for automotive use shall be permanently installed inside the vehic and shall be
inherent and integral parts of the vehicle, Ownership of such containe:
on the vehicle owner.

s shall be

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. 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 LPG 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 DOB 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.

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 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 DTT shall notify the
violator, owner or respondent of such fact within five (5) days after such

disposition.
CHAPTER VIII
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 DOB, 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
(L70) 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 DOB 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 be implemented with the objective of safeguarding and


ensuring the safety of consumers. The DOE shall, upon prior consultation with the
LPG industry participants and other government agencies concerned, determine
the mechanics, rules, and regulations for the Philippine LPG Cylinder Improvement
Program.

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 DOF as required under this Act shall be penalized with a fine of five thousand
pesos (P5,000.00) for each 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
corporation.

27. Engaging in Business without Accreditation. — Any person who
engages in the business of manufacturing LPG

iinder 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 (P!,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 three hundred thousand
pesos (P300,000.00) for the first violation, five hundred thousand pesos
(P500,000.00) for the second violation and revocation of the License to Operate for
the third violation.

SEC. 29. Failure to Post License to Operate. - Any LPG industry participant
concerned who fails or refuses 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 refiner, importer, refiller, hauler, dealer, retail
outlet or bulk consumer 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 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 DOB 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 individual
and one million pesos (P1,000,000.00) for a corporation: 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 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 (P1,000,000.00) for a 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 be five hundred
thousand pesos (P500,000.00) for an individual and one million pesos
(P1,000,000.00) for a 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. Illegal 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;

(a) 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;

(c) 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;

{j) 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
() 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, or imprisonment of at least six (6) months
but not more than two (2) years, or both, at the discretion of the court: Provided,
‘That subsequent violations shall be penalized with both fine and imprisonment:


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 (c), (d), (e), (, (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) and imprisonment of at least six (6) months but not more than two

(2) years.

‘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:

{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 LPG industry
participant 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 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 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
corporation.

SEC. 39. Illegal Possession of LPG Cylinder Seal. - Any person found in
possession of LPG cylinder seals, 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 of five thousand pesos (P5,000.00) for each LPG seal

found in its or his possession:
shall be five hundred thousand pesos (P500,000.00) for an individual and one
million pesos (P1,000,000.00) for a corporation.

Provided, That the maximum fine to be imposed

SEC, 40, Failure to Comply with Weighing Device Requirements. — Any refiner,
importer, refiller, dealer or retail outlet who fails to comply with the requirements
pertaining to weighing devices as required by the DOB 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 corporation.

SEC. 41, Overloading. - Any hauler 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 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. Importation of Used or Second-Hand LPG Cylinders, - Any person who
imports used or second-hand LPG cylinders or containers, 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 and imprisonment of at least six (6) months and
one (1) day to two (2) years,

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 committing any of the prohibited acts
provided in this Act and in such other issuances or orders to be issued by the DOB
or 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 (P500,000.00).

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 (PI,000,000.00) for a corporation: Provided, That subsequent violations shall
be penalized with both fine and imprisonment: 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,

SEC. 45, Sale or Distribution of LPG-filled Cylinders Without Seals. - Any
per
distributes LPG-filled cylinders without seal, with tampered, fake or broken seals,

jon, brand owner, its authorized refiller, dealer or retail outlet who sells or

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, Refusal to Refund the Deposit, - Any LPG brand owner, its authorized
dealer or retail outlet that refuses to refund the deposit on the LPG cylinder to any
consumer shall be administratively charged and upon proper proof, shall be
imposed a fine of one thousand five hundred pesos (PI,500.00) for cach LPG
cylinder and a warning that its License to Operate shall be suspended or revoked:
Provided, That subsequent violations thereof shall be imposed a fine of five
thousand pesos (P5,000.00) per LPG cylinder and the suspension and revocation of
its License to Operate.


SEC. 47. Sale 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, 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 (Php5,000.00) for each LPG canister or cartridge: Provided, ‘That

the maximum fine to be imposed shall be five hundred thousand pesos
(Php500,000.00) for an individual and one million pesos (Php1,000,000.00) for a

partnership or corporation.
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;

() Wrong or misleading information stamped on the LPG cylinder such as
the tare weight; 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 (Php500,000.00) 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.

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 DOB: Provided, That the remaining sixty percent (60%) shall be
remitted by the DOE to the National Treasury.

SEC, 50. "Strike Three" Penalty. ~ Any person convicted or found administratively
shall

liable with finality of violating the provisions of this Act for three (3) instanc
be perpetually disqualified from engaging in any activity in the LPG industry.

SEC. 51, Publication of Persons Convicted of Violations of this Act, - The DOB
shall, on a quarterly basis, publish in a newspaper of general c

culation, the

names of LPG industry participants found liable for prohibited acts under this Act.

SEC. 52. Violations by Juridical Entities. - If 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.

SI
Actions. — The DOE shall, after public consultation, formulate a table of penalties

53, Imposition of Minimum and Maximum Penalty for Administrative

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. ~ In 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 to the violation, or impose
outright the appropriate penalty based on the merits of the written explanation.

SEC, 55. Initiation of Criminal Action. ~ A criminal action may be initiated

against any person who commits any of the prohibited acts described herein and
who shall be imposed, upon conviction, 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.
CHAPTER XI
EDUCATION AND RESEARCH

SEC. 56. Usage Requirements for Customers and End-Users. - The DOE and the
DT shail jointly undertake educational and information dissemination act

ies 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. 57. 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 XII
FINAL PROVISIONS

SEC. 58. Implementing Rules and Regulations. ~ Unless otherwise expressly
provided in this Act, the DOE shall, in consultation with the DTI, other appropriate
agencies, 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, labeling requirements, quality standards, delivery vehicles, drivers, and
attendants, and the Philippine LPG Cylinder Improvement Program.

SEC. 59, 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. 60. Appropriations. ~ ‘The amount of two billion pesos (P2,000,000,000.00)
annually for the first five (5) years of the implementation of this Act is hereby
appropriated out of the Malampaya Fund being administered by the DOE.
‘Thereafter, the same shall be included in the regular budget of the DOE in such
amounts as may be necessary to fully implement the Philippine LPG Cylinder
Improvement Program. Appropriations herein shall be utilized by the DOE only for
the purpose of providing financial support and assistance to fund the
implementation of the Philippine LPG Cylinder Improvement Program and shall in
no way unduly burden, financially or otherwise, any LPG industry participant
and/or consumer, Not more than ten percent (10%) of the amount herein
appropriated shall be used for administrative costs in implementing the Philippine
LPG Cylinder Improvement Program.

SEC. 61, Joint Congressional Oversight Committee. ~ There is hereby created a
Joint Congr
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

sional Oversight Committee to monitor the implementation of this

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 _____ 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. 62. 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. 63. 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. 64. Repealing Clause. ~ All laws, decrees, executive orders, proclamations
and administrative regulations, or parts thereof inconsistent herewith are hereby
repealed or modified accordingly.

SEC, 62. 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,