niU
SEVENTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
S enate Bill No. .14 n
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*17 JUN15 All:19
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In tro d u ced  by Sen. Win G atchalian
AN ACT
ENHANCING THE GOVERNANCE STRUCTURE OF THE ENERGY
REGULATORY COMMISSION
EXPLANATORY NOTE
The enactm ent of Republic Act 9136 carried with it the unbundling 
of the power sector. Generation, transm ission, distribution, and supply 
were privatized. 
Nevertheless, distribution and transm ission were 
declared public utilities. Their regulation, which includes perform ance, 
recoverable 
costs, 
and 
allowable 
m argins, 
fell 
upon 
the 
Energy 
Regulatory Commission (ERC).
ERC, as the regulator, has a definitive role in safeguarding the 
interests of the public.1 As such, its governance structure should foster 
independence, transparency, and accountability. An evaluation of ERC’s 
governance structure using best practice principles for regulatory policy 
and even the country’s Code of Corporate Governance for Publicly Listed 
Com panies shows areas for improvement. An example is the separation 
of the Chairperson and Chief Executive Officer functions, which is 
necessary to “foster an appropriate balance of power, increased 
accountability, and better capacity for independent decision-m aking.”2
It is in this light th at this m easure is proposed. This bill aim s to 
enhance the existing governance structure of the ERC by providing (1) 
additional qualifications and requirem ents for ERC Com m issioners to 
ensure board diversity; (2) prohibitions and disqualifications for ERC 
Com m issioners and their relatives to prevent conflicts of interest; (3) the 
separation of the Chairperson and CEO functions to assure a balance of 
power; (4) defined duties and responsibilities of the Chairperson, the 
Commission, and the Executive Director to increase invididual and board
1 OECD (2014). The Governance of Regulators. OECD Best Practice Principles for Regulatory Policy OECD 
Publishing, http://dx.doi.org/10.1787/9789264209015-en
2 SEC Memorandum Circular No. 19, Series of 2016. Code of Corporate Governance for Publicly-Listed 
Companies. 22 November 2016.


accountability; (5) open m eetings during deliberations of the Commission 
to guarantee public transparency; (6) access to information to enhance 
knowledge and education on regulatory m atters affecting public welfare; 
and (7) liabilities for violation of, am ong others, open m eeting and access 
to information provisions.
OECD (2012) recom m ends that countries “develop a consistent 
policy covering the role and functions of regulatory agencies in order to 
provide greater confidence that regulatory decisions are m ade on an 
objective, im partial, and consistent basis, w ithout conflict of interest, 
bias or im proper influence.”3 It is the hope of the author th at these 
objectives be fulfilled with the enactm ent of this bill into law. Thus, the 
immediate passage of this m easure is sought.
N gatchal:
3 OECD (2012). Recximmendation of the Council on Regulatory Policy and Governance. OECD Publishing


SEVENTEENTH CONGRESS 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
S E N A T E  
S. B. No 1 
^  ^
o ' tlK  ^ 
'- I'l i*
'17 
JUN15
KLci;lV< i
V'
Introduced by SEN. WIN GATCHALIAN 1 * 3 4 5
AN ACT
ENHANCING THE GOVERNANCE STRUCTURE OF THE 
ENERGY REGULATORY COMMISSION
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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CHAPTER I
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GENERAL PROVISIONS
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SECTION 1. Title. -  This Act shall be known as the “Energy Regulatoiy
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Commission Governance Act of 2017.”
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SECTION 2. D eclaration of Policy. -  The State recognizes the significant role 
of the Energy Regulatory Commission in ensuring transparent and reasonable 
prices of electricity in a regime of free and fair competition and full public 
accountability to achieve greater operational and 
economic efficiency. 
Likewise, public interest dem ands the protection of consum ers as they are 
affected by the rates and services of electric utilities and other providers of 
electric power. Towards this end, the State shall:


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a) Establish a strong, independent, transparent, and accountable 
regulatory body; and
b) Institutionalize a system to ensure the efficient and effective 
performance of the functions and m andates of the regulatory body t(' 
enhance competitiveness in the electric power industry.
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SECTION 3. Scope. -  This Act shall enhance the existing governance
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mechanisms of the Energy Regulatory Commission to foster 
independence,
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transparency, and accountability.
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SECTION 4. D eflnition of Term s. -  As used in this Act, the following words or 
term s shall have the following meaning, unless provided otherwise:
a) 
“Career Executive Service Board” refers to the governing bod}^ t r 
the Career Executive Service (CES) created under Presidential 
Decree No. 1 Series of 1972;
b) 
“Career Executive Service Eligibility” refers to the eligibility 
conferred to a person who passes the four-stage CES Eligibility 
Examination 
process and 
meets the other requirements 
prescribed by the Career Executive Service Board;
c) 
“Career Executive Service Officer” refers to a person with CES 
eligibility appointed by the President to a CES rank upon the 
recommendation by the Career Executive Service Board;
d) 
“Commission” refers to the decision-making body of the Energy 
Regulatory Commission under Republic Act 9136 composed of 
one (1) Chairperson and four (4) Commissioners;
e) 
“Consumer” refers to all captive and contestable customers who 
buy electricity either from a distribution utility, a retail 
electricity supplier, or a generation company;
f) 
“Deliberation” refers to a communication between or among 
members of the Commission in a meeting: Provided, That a 
quorum exists;
g) 
“Electric Power Industry Participant” refers to any person or 
entity engaged in the generation, transmission, distribution, or 
supply of electricity;


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h) 
“Energy Regulatory Commission” refers to the regulatory agency 
created under Republic Act No. 9136;
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“Joint 
Congressional 
Power 
Commission” 
refers 
to 
the 
Commission created under Republic Act No. 9136;
j) 
“Key ERC Personnel” refers to employees who hold executive or 
managerial positions in the ERC;
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“Meeting” refers to a deliberation of the Commission with 
respect to any case, issue, or m atter within its jurisdiction; and
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“Public Hearing” refers to an official proceeding of a government 
agency during which the public is accorded the right to express 
its position on the subject m atter at hand.
CHAPTER II
COMPOSITION OF THE COMMISSION
SECTION 5. The Com m ission. -  The Commission shall be the sole governing 
body of the ERC, and shall formulate its policies and direct its affairs.
All executive functions of the ERC shall rest on the Commission: 
Provided, That such executive functions shall be limited to the duties and 
responsibilities enum erated in Section 11 of this Act.
SECTION 6. Q ualifications. -  All members of the Commission shall be:
a) Natural-born citizens and residents of the Philippines;
b) At least thirty-five (35) years of age;
c) Of good moral character;
d) Of recognized probity and independence; and
e) Of distinguished competence in any of the following fields: energy, law, 
economics, finance, commerce, engineering, or other experience relevant 
to the energy sector with at least ten (10) years of active practice in their 
respective fields of expertise.
No member shall have been a candidate for any elective national or local 
office in the immediate preceding elections, whether regular or special: Provided


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further, That one (1) shall be a lawyer, one (1) shall be an economist, one (1)
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shall be an engineer, and one (1) shall be a certified public accountant or have
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a background in finance.
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SECTION 7. R equirem ents. -  The members of the Commission shall, upon 
assum ption of office:
a) Publicly disclose any employment, consultancy, or any connection with, 
and any pecuniaiy interest in an Electric Power Industry Participant;
b) Publicly disclose if his or her spouse, partner, and any relative by 
consanguinity or affinity within the fourth civil degree is employed or has 
a consultancy or any connection with, or has any pecuniary interest in 
an Electric Power Industry Participant;
c) Divest through sale or legal disposition any and all interests in an 
Electric Power Industry Participant; and
d) Terminate employment or consultancy with any Electric Power Industry 
Participant.
SECTION 8. Prohibited Acts. — The members of the Commission, within th 1' 
duration of their term, are prohibited from:
a) Taking up any employment or consultancy arrangem ent with any 
Electric Power Industry Participant;
b) Holding any connection to and any pecuniary interest in an Electric 
Power Industry Participant;
c) Holding any other office or employment; and
d) Directly or indirectly practicing any profession, participating in any 
business, or be financially interested in any contract with, or any 
franchise, or special privileges granted by the government or any 
subdivision, agency, or instrumentality thereof, including government- 
owned and controlled corporations or their subsidiaries.
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The members of the Commission, after the cessation of their service, arc
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prohibited from:
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a) Running for office in the election immediately succeeding their cessation
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from office; and


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b) Personally appearing or practicing as counsel or agent on any m atter 
pending before the Commission for two (2) years following the cessation 
of their service.
Any spouse, partner, and relative by consanguinity or affinity within the 
fourth civil degree of the members of the Commission are prohibited from:
a) Taking up any employment or consultancy arrangem ent with an Electric 
Power Industry Participant during the incumbency of the member of the 
Commission to whom he or she is related to;
b) Holding any connection to and pecuniary interest in any Electric Power 
Industry Participant during the incumbency of the member of the 
Commission to whom he or she is related to;
c) Appearing as counsel or agent on any m atter pending before the 
Commission or transacting business directly or indirectly therein during 
the incumbency of the member of the Commission to whom he or she is 
related to, and within two (2) years from cessation of their service.
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SECTION 9. The C hairperson. -  The Chairperson shall be from the fields of 
energy, law, economics, finance, commerce, or engineering with at least ten 
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(10) years of experience in energy and/or public utility regulation: Provided,
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That the qualifications and requirements in Sections 6 and 7 of this Act are
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complied with.
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SECTION 10. D uties and Responsibilities of th e Chairperson. -  The
Chairperson shall:
a) Provide leadership direction for the Commission in m atters such as but 
not limited to development and determination of strategies and policies 
in order to effectively comply with its m andate under Republic Act 9136;
b) Ascertain that the 
strategies and policies agreed upon by the 
Commission are effectively implemented by the Executive Director;
c) Promote collaborative relationships and open communication between 
and among members of the Commission;
d) Set, in consultation with other members of the Commission, the 
Executive Director, and the Secretariat, the Commission’s meeting 
schedule and agenda to take full account of the important issues facing


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the Commission cmd the concerns of management, and ensure that 
adequate time is available for thorough discussion of each;
e) Ensure that the members of the Commission undergo capacity building 
programs to continuously enhance technical competence, are properly 
briefed on issues pending before the Commission, and receive, in a timely 
manner, adequate, accurate, clear, complete, and reliable information to 
fulfill their duties;
f) Preside over meetings of the Commission: Provided, That the Chairperson 
has the right to vote on m atters pending before the Commission;
g) Ascertain that all key and appropriate issues are discussed, deliberated 
upon, and resolved by the Commission in a timely manner;
h) Create an environment that allows constructive discourse during open 
meetings, executive sessions, and public hearings;
i) Ensure that the Commission’s decisions are in furtherance of its 
m andate under Republic Act 9136;
j) Secure that the Commission avoids acts which unduly influence, impede, 
or hamper the Executive Director or any ERC employee from effectively 
fulfilling his or her duties and responsibilities; and
k) Establish good corporate governance practices and procedures and 
promote the highest standards of independence, transparency, integrity, 
and probity.
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SECTION 
11. 
D uties and R esponsibilities of th e M embers of the 
Com m ission. -  In addition to the functions enum erated in Republic Act 913( 
the members of the Commission shall:
a) Regularly attend and actively participate in the meetings of the 
Commission where any case, issue, or m atter within its jurisdiction is 
under consideration;
b) Recommend to the Chairperson the inclusion in the agenda of any case, 
issue, or m atter deemed appropriate in the performance of the 
Commission’s functions;
c) Be properly informed about and thoroughly analyze cases, issues, and 
m atters pending before the Commission;
d) Take part in continuous education and capacity building programs of the 
Commission to enhance technical competence;


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e) Abstain from acts which unduly influence, impede, or hamper the 
Executive Director or any ERG employee from effectively fulfilling his or 
her duties and responsibilities;
1) Appoint the Executive Director of the ERG; 
Provided, That the 
requirements, 
prohibited 
acts, 
qualifications, 
and 
duties 
and 
responsibilities stated in Sections 7, 8, 12, and 13 of this Act are 
complied with;
g) Act on the selection and appointment of Key ERG Personnel: Provided, 
That the selection process for Key ERG Personnel m ust be in accordance 
with e r g ’s Enhanced Merit Selection Plan and/or other plans related to 
personnel selection duly approved by the Gommission;
h) Review and act on the endorsement of the proposed ERG budget: 
Provided, That such endorsement m ust come from the Executive Director 
and m ust be substantiated with suporting documents;
i) Initiate, motu poprio or upon formal complaint, investigations against 
the Executive Director and act upon these investigations: Provided, Thai 
such investigation is without prejudice to the filing of administrative or 
criminal cases against the Executive Director; and
j) Perform in good faith and to the best of its ability, the functions stated in 
Republic Act 9136 and the duties and responsibilities specified in this 
Act.
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CHAPTER III 
ERC OPERATIONS
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SECTION 12. The Executive D irector. -  The Commission, acting collectively, 
shall appoint an Executive Director who shall act as the Chief Executive Officer 
of ERC until resignation, retirement, or unless terminated earlier for cause. 
The Executive Director who shall be a Career Executive Service Officer of the 
ERC, shall have relevant experience in any of the fields of law, economics, 
commerce, management, finance, or engineering for at least ten (10) years, and 
shall be subject to the same requirements and prohibitions as indicated iri 
Sections 7 and 8 of this Act.


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When an Executive Director who has rendered at least ten (10) years
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service in such capacity retires, he or she shall receive during the duration of
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his or her natural life, retirement benefits equivalent to his or her last salarv
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plus representation and other allowances.
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SECTION 13. D uties and R esponsibilities of th e Executive Director. -  The
duties and responsibilities of the Executive Director shall include but shall not 
be limited to:
a) Developing 
and 
proposing, 
for 
the 
Commission’s 
approval, 
the 
operationalization of the strategies and policies agreed upon by the 
Commission;
b) Effectively executing the approved operationalization of the strategies and 
policies agreed upon by the Commission;
c) Leading the management of the daily operations of ERC in accordance 
with the plans and within the budget approved by the Commission;
d) Assuming full responsibility for the overall supervision and control of aii 
divisions, units, and services of the ERC;
e) Assigning to each division, unit, and service of the ERC such duties that 
are considered necessary or expedient;
f) Coordinating the workings of the divisions, units, and services of the 
ERC;
g) Establishing a mechanism for capacity building for all employees of the 
ERC to continuously enhance technical competence: Provided, That such 
mechanism will based on the principle of meritocracy;
k) Ensuring compliance with the ERC’s Enhanced Merit Selection Plan 
and/or other plans related to personnel selection duly approved by the 
Commission when it comes to the hiring and promotion of employees;
h) Leading the management to ensure effective working relationships with 
the Commission by regularly communicating with the Chairperson t1’ 
review key developments, issues, opportunities, and concerns;
i) Ensuring that the management gives priority to providing documents 
and reports which contain relevant, accurate, timely, and clear 
information necessary for the Commission to fulfill its duties;
j) Maintaining regular dialogue with the Commission while ensuring that 
the Commission, especially the Chairperson, is alerted to forthcoming 
complex, contentious, sensitive, or strategic issues facing the ERC;


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k) Advising the Commission on any m atter referred to the Executive 
Director;
l) Managing the affairs of the ERC in accordance with good corporate 
governance practices and procedures while promoting the highest 
standards of independence, transparency, integrity, and probity;
m) Initiating investigations and recommending administrative sanctions 
against erring employees, without prejudice to the filing of any criminal 
action against the concerned employee;
n) Regularly submitting to the Commission updates on the operations of 
ERC; and
o) Performing such other duties as the Commission may assign.
All decisions of the Executive Director involving budgeting and 
disbursem ent of funds shall be subject to the approval of the Commission.
CHAPTER IV
TRANSPARENCY AND ACCOUNTABILITY
SECTION 14. Open M eeting. -  All meetings of the Commission shall be open 
to the public: Provided, That the public may only participate during public 
hearings: Provided further, That a live web streaming or any related technology 
of the open meeting shall be posted: Provided finally. That the transcript of 
stenographic notes and m inutes of the open meeting shall be made available to 
the public, whether on the website or otherwise, within one (1) week from th, 
date of the open meeting.
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The Commission, upon a majority vote, may decide to meet in an 
executive session: Provided, That before going into an executive session, the 
Commission m ust convene in an open meeting, identify the reason for the 
executive session while stating all the subjects that may be revealed without 
compromising the purpose for which the executive session was called, declare
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whether the Commission will reconvene in an open meeting at the end of the
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executive session, and take a roll call vote to enter into executive session.
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Executive sessions may be called for the following reasons:
a) To discuss the discipline or dismissal of or complaints or charges 
brought against a public officer, employee, or staff of ERC; and
b) To discuss trade secrets, confidential, competitively-sensitive, or othei 
proprietary information.
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SECTION 15. Public Notice of Open M eetings. — The Commission shall 
provide the public with notice of its meeting and the agenda at least seven (7) 
working days before the scheduled date of the meeting: Provided, That for 
emergency meetings, the notice may be posted within a reasonable time prior 
to the meeting: Provided further, That public notices shall be posted in a 
m anner easily accessible to the public such as but not limited to actual and 
web posting.
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SECTION 16. Orders, Decisions, and Resolutions. -  All orders, decisions.
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and resolutions shall undergo deliberations and once approved by the required
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num ber of votes during open meetings provided a quorum is present, shall
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forthwith be promulgated within thirty (30) days from date of the open meeting
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and published online in accordance with Section 18 hereof.
SECTION 17. Support Desk. -  A support desk shall be made available to the 
public which will supply assistance to Consumers for a better understanding of 
all proceedings and issuances of the Commission as well as any and all m atters 
which affect the electricity rates charged to Consumers: Provided, That the 
m atter shall not be confidential information.
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A new office may be created for this Support Desk should the
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Commission deem it necessary.
SECTION 18. Online Publication. -  All petitions, applications, and reportorial 
requirements of Electric Power Industry Participants, including all annexes 
thereto, except for those considered as confidential information, as well as 
orders, decisions, and resolutions of the Commission, shall be posted on the
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ERC website within five (5) days from submission in the case of petitions, 
applications, and reportorial requirements, or promulgation in the case of 
orders, decisions, and resolutions.
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SECTION 19. Access to Inform ation. -  Every Consumer has a right to 
information and shall, on request, be given access to any information of public 
concern under the control of the Commission: Provided, That the access to 
information shall not be granted if:
a) The information is considered confidential information under the ERC 
Rules of Practice and Procedure;
b) The information consists of m inutes or records of advice given, or of 
opinions expressed during decision-making or policy formulation in the 
course of executive sessions;
c) The information requested consists of drafts of orders, resolutions, 
decisions, or memoranda of the Commission in the exercise of its 
regulatoiy function; and
d) The information requested pertains to trade secrets, competitively- 
sensitive, or other proprietary information, whenever the revelation 
thereof would prejudice the interests of a natural or juridical person in 
trade, industrial, financial, or commercial competition.
SECTION 20. Procedure of Access. -  Any person who desires to obtain 
information shall submit, free of charge, a request to the Commission 
personally, by mail, or through electronic means. Within fifteen (15) working 
days from the receipt thereof or as soon as practicable, the Commission shall 
comply with the request: Provided, That the period may be extended if a 
fortuitous event occurred, the information requested requires a search of the 
Commission’s field offices or an examination of voluminous records, or other 
analogous cases.
SECTION 21. Access and Processing Fees. -  The Commission may charge a 
reasonable fee which shall in no case exceed the actual cost of reproduction, 
copying, or transcription of the information requested: Provided, That the
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requested is indigent or that the cost of reproduction is negligible.
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SECTION 22. Exem ption from Com pliance. -  The Commission is excused 
from complying with a subsequent identical or substantially similar request 
from the same requesting party: Provided, That it has previously complied with 
a similar request for information unless a reasonable interval has lapsed 
between compliance with the previous request and the making of the current 
request.
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SECTION 23. A dm inistrative OfTenses and Penalties. -  Any ERC official or 
employee who refuses to comply with Section 14 of this Act shall be suspended 
from service for six (6) m onths and one (1) day to one (1) year without pay on 
the first offense, and shall be dismissed from service and be perpetuall} 
disqualified from re-employment in any government agency or instrumentality 
on the second offense.
Any ERC official or employee who refuses to comply with, or fails to
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perform the acts required within the specified period of time in Sections 15, 16,
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and 18, shall be reprimanded on the first offense, shall be suspended from
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service for one (1) to thirty (30) days on the second offense, and shall be
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dismissed from service and be perpetually disqualified from re-employment in
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any government agency or instrumentality on the third offense.
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Any ERC official or employee who refuses to comply with, or fails to act 
on a request for information pursuant to Sections 19 and 20 of this Act shall 
be suspended from service for six (6) m onths and one (1) day to one (1) year 
without pay on the first offense, and shall be dismissed from service and be 
perpetually disqualified from re-employment in any government agency or 
instrumentality on the second offense.
SECTION 
24. 
Crim inal 
Offenses 
and 
Penalties. 
-  The 
penalty 
of 
imprisonment of not less than one (1) month but not more than six (6) months 
and a fine ranging from ten thousand pesos (Php 10,000.00) to one hundred
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thousand pesos (Php 100,000.00) shall be imposed upon any ERC official or 
employee who:
(1) Falsely denies or conceals the existence of information that is a proper 
subject for disclosure under Section 19 of this Act;
(2) Destroys, or causes to be destroyed, information and/or documents 
being requested that is a proper subject of disclosure under Section 19 
under this Act for the purposes of frustrating the requesting party’s 
access thereto;
(3) Divulges or releases information covered by confidentiality under 
Sections 14 and 19 of this Act;
(4) Divulges or releases information that is altered, tampered, or modified to 
the extent that the released information materially differs from the 
original contents of the document; Provided, That altering or modifying a 
document for the purpose of severing an exempt information from non- 
exempt information in a single document shall not be punishable under 
this Section.
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If the violation committed in this Act is induced by and/or assisted by a 
private individual or corporation, partnership, or any kind of judicial entity, the 
penalty provided herein shall be imposed on its executive officer and/or other 
officials responsible therefor: Provided, That they shall suffer, in addition to the 
penalties provided herein, the automatic revocation of their license to operate.
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CHAPTER IV 
GENERAL PROVISIONS
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SECTION 25. T ransitory Provision. -  The current members of the 
Commission shall continue to serve in such capacity until the completion of 
their term.
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The qualifications, requirements, and prohibitions stated in Sections 6, 
7, and 8 of this Act shall apply to new members of the Commission.
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The current Chairperson shall immediately divest himself of his role and 
powers as the Chief Executive Officer of the Commission upon the effectivity of 
this Act.
The 
current 
Executive 
Director 
shall 
assum e 
the 
duties 
and 
responsibilities laid out in Section 13 of this Act upon the effectivity of this Act: 
Provided, That upon such assum ption, the current Executive Director shall 
immediately comply with the requirements and prohibitions stated in Sections 
7 and 8 of this Act: Provided further, That the current Executive Director shell 
serve as such until his resignation, retirement or termination for cause.
SECTION 26. O versight C om m ittee. -  Upon the effectivity of this Act, the 
JCPC established under Republic Act No. 9136 or the Electric Power Industry 
Reform Act of 2001 shall exercise oversight powers over the implementation of 
this Act.
SECTION 27. Separability Clause. -  If for any reason, any provision of this 
Act is declared unconstitutional or invalid, the other parts or provisions hereof 
which are not affected thereby shall continue to be in full force and in effect.
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SECTION 28. Repealing Clause. -  All laws, decrees, orders, rules and 
regulations or parts thereof which are inconsistent with or contrary to the 
provisions of this Act are hereby repealed, amended or modified accordingly.
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SECTION 29. Effectivity. -  This Act shall take effect fifteen (15) days after its
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publication in at least two (2) national newspapers of general circulation
Approved.
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