TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
25 JUL 15 P2:01
SENATE
S.B. No. ^40
RtCEIV-'D OV’
Introduced by Senator WIN GATCHALIAN
AN ACT
PROVIDING FOR A NATIONAL POLICY AND FRAMEWORK FOR ENERGY
ADVOCACY
EXPLANATORY NOTE
Republic Act No. 9136, otherwise known as the Electric Power Industry Reform Act of 
2001 (EPIRA), heralded the transition from a vertically Integrated monopoly to a 
competitive but regulated industry. One of the declared policies of the EPIRA is to 
"establish a strong and purely Independent regulatory body and system to ensure 
consumer protection and enhance the competitive operation of the electricity market 
/775/'Ae^.This regulatory body is the Energy Regulatory Commission (ERC). It is 
responsible for setting performance standards and retail rates, allowing recovery of 
just and reasonable costs, and ensuring end-user protection.2 These duties result to a 
delicate balancing act by the regulator in deciding its cases. However, the lack of 
representation for end-users, as a whole, is glaring in cases before the ERC.
Hence this measure. This bill creates an Energy Advocate Office (EAO) led by the 
Energy Advocate. The EAO acts as the independent end-user representative in all rate­
setting, rule-making, and other energy related cases and proceedings before 
government agencies including judicial and quasi-judicial bodies. The creation of the 
EAO aims to attain what jurisdictions with an institutionalized energy advocate have;
1 Section 2(j). Republic Act No. (RA) 9136. (2001).
2 Id. at Section 4X


the postponement of utilities' rate increase applications, a decrease in the income of 
utilities, and lower electricity retail prices.3 Given the foregoing^Jihie immediate 
passage of this measure is sought.
TCHALIAN
3 Fremeth, Adam; Holbum, Guy L.F.; Spiller, Pablo; "The impact of consumer advocates on regulatory policy in the electric 
utility sector" Public Choice. Vol. 161, No.1/2 (October 2014)


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S.B. No.
640
, ;'5ffirr o{!!;
25 JUL15 P2:01
RtCtlVrDlI';
Introduced by SEN. WIN GATCHALIAN
AN ACT
PROVIDING FOR A NATIONAL POLICY AND FRAMEWORK FOR ENERGY
ADVOCACY
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
SECTION 1. Short Title. - This Act shall be referred to as the "Energy Advocate
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Act."
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
recognize the right of energy end-users to reasonable rates, adequate and reliable 
services, and to transparent processes involving these rates and services. Towards 
this end, there is a need for institutionalized and independent end-user representation 
in rate-setting, rule-making, and other energy related cases and proceedings before 
government agencies including judicial and quasi-judicial bodies.
Sec. 3. The Energy Advocate Office (EAO). - The EAO is hereby created which 
shall be an independent and autonomous office attached to the Department of Justice 
(DOJ) in accordance with Section 38(3), Chapter 7, Book IV of Executive Order No. 
292, otherwise known as the Administrative Code of 1987, as amended.


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Sec. 4. Powers and Functions. - The EAO shall be the representative of all end-
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users in energy sector matters affecting public interest before any department,
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commission, agency, or court. It shall independently discharge its mandate towards
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the best interest of all end-users, ensuring least cost without compromising safety,
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reliability, and sufficient service. Towards this end, the EAO shall:
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(1) Initiate, intervene, and represent all end-users, in the following:
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a. Rate-setting, rule-making, and other energy related cases, complaints,
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proceedings, and consultations before the Department of Energy (DOE),
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Energy Regulatory Commission (ERC), National Electrification
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Administration (NEA), Philippine Competition Commission (PCC), and
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other judicial and quasi-judicial bodies; and
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b. Actions before any trial or appellate court, including the Supreme Court,
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which involve the validity of any decision, memoranda, rule, regulation,
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circular, or order of the DOE, ERC, NEA, PCC, and other departments,
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commissions, and agencies insofar as these decisions and policy
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issuances affect energy rates and services;
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(2) Monitor all issuances of the DOE, ERC, NEA, PCC, and other departments,
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commissions, and agencies insofar as these affect energy rates and services;
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(3) Engage in regular information, education, and communication programs for all
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end-users on laws, rules, regulations, decisions, circulars, and orders that affect
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energy rates and services, including end-users' rights and remedies;
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(4) Be furnished or served, as the case may be, by departments, commissions, and
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agencies with all documents, notices, petitions, applications, complaints,
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answers, motions, and other pleadings in all energy related cases, complaints,
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proceedings, and consultations;
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(5) Have the right to access, free of charge, all files, records, and documents in
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the DOE, ERC, NEA, PCC and other departments, commissions, and agencies
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pertaining to energy related cases, complaints, proceedings, and consultations:
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Provided, That the files, records, and documents do not pertain to the
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following:
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(a) Personnel information;


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(b) Confidential communications between commissioners, judges, or justices 
and general counsels on records relating to proceedings in which the EAO 
is a party to; or
(c) Confidential information declared as such by the ERC; and
(6) Be free of charge in its use of ordinary mail, registered mail, or courier service 
for the transmittal of official communications and papers directly connected 
with the conduct of its powers, functions, or exercise of administrative 
supervision over its personnel.
EAO lawyers shall have the authority to administer oaths in connection with the 
performance of their duty.
Sec. 5. The Energy Advocate and Deputy Energy Advocate. - The Energy 
Advocate (EA) shall head the EAO, shall have the primary authority and responsibility 
for the effective exercise of its mandate and the discharge of its powers and functions, 
and shall be assisted by a Deputy EA. In case of temporary absence of the EA, the 
Deputy EA shall be designated as the Officer-in-Charge of the EAO.
The EA and Deputy EA shall be natural-born citizens of the Philippines, at least 
forty (40) years of age, with at least fifteen (15) years of practice in law, and with 
proven competence, integrity, probity, and independence: Provided, That the EA shall 
have at least six (6) years of practice in the field of energy, and the Deputy EA shall 
have at least four (4) years of practice in the field of energy. Both of them shall not 
be affiliated with any energy company, as member of the board, officer, employee, or 
consultant, at least one (1) year before their respective appointments.
Section 6. Appointment, Term, and Rank. - The EA and Deputy EA shall be 
appointed by the President: Provided, That the appointment of the Deputy EA shall 
be upon the recommendation of the EA. They shall both serve for a term of six (6) 
years and may be reappointed: Provided, That for the first appointees, the EA and 
Deputy EA shall hold office until the end of term of the appointing President.


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The EA and Deputy EA shall have the same rank, salaries, allowances, and 
retirement benefits as the Prosecutor General and Senior Deputy State Prosecutor of 
the National Prosecution Service respectively: Provided, That their retirement benefits 
shall be prorated in accordance with Section 21 of Republic Act No. 10071, otherwise 
known as the Prosecution Services Act.
Section 7. Prohibitions. - The EA and Deputy EA shall be prohibited from:
(1) Serving as a member of the board, officer, employee, or consultant of any 
energy company in the course of their respective terms of office: Provided, 
That this prohibition shall also apply to their family members up to the fourth 
degree of consanguinity or affinity;
(2) Having any interest, ownership, or stake in any energy company in the course 
of their respective terms of office: Provided, That this prohibition shall also 
apply to their family members up to the fourth degree of consanguinity or 
affinity;
(3) Representing any government agency, government -owned or -controlled 
corporation, or private company in any energy related case, proceeding, or 
consultation before any department, commission, agency, or court, in the 
course of one (1) year after the end of their respective terms of office; and
(4) Being members of a political party and committee, or engaging in any partisan 
political activity in the course of their respective terms of office.
Section 8. Organizational Structure and PiantiHa Positions. - The EAO, upon 
approval of the DOJ, shall submit its organizational structure and plantilla positions to 
the Department of Budget and Management (DBM) not later than six (6) months from 
the effectivity of this Act: Provided, That the DBM shall approve the final organizational 
structure and plantilla positions of the ECAO not later than three (3) months from 
submission.
The EAO, upon approval of the DOJ, may request the DBM for any change in 
the organizational structure and plantilla positions after a comprehensive review 
resulting to a finding that any alteration will improve the discharge of the EAO's powers


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and functions: Provided, That the DBM shall render a decision on such request within 
three (3) months from submission.
The EAO shall have legal, technical, and administrative personnel in its 
organizational structure and staffing complement, and may hire consultants as expert 
witnesses or technical advisors as it finds necessary for the full and efficient discharge 
of its powers and functions. All employees and consultants shall be subject to civil 
service laws, rules, and regulations: Provided, That all employees shall be subject to 
Republic Act No. 6758, otherwise known as the Salary Standardization Act.
Section 9. Removaiand Vacancy.-Jhe EA and Deputy EA shall not be removed 
or suspended, except for cause provided by law. The President may remove the EA or 
the Deputy EA for malfeasance, misfeasance, or nonfeasance in office, or for any 
cause which renders any of them ineligible for appointment, incapable, or unfit to 
discharge the mandate, powers, and functions of the EAO.
In case of death, permanent incapacity, removal, or resignation of the 
incumbent EA or Deputy EA, the President may appoint or designate one, as the case 
may be, in an acting capacity until a new EA or Deputy EA has been appointed: 
Provided, That the new appointment shall only be for the unexpired term of the 
predecessor.
Sec. 10. Exemption from Fees and Costs of Suits. - The EAO shall be exempt 
from payment of docket and other fees incidental to instituting an action in court and 
other quasi-judicial bodies, as an original proceeding or on appeal.
Sec. 11. Costs of Suit. - The costs of the suit, attorney's fees, and contingent 
fees imposed upon adversarial parties of the EAO after a successful litigation shall be 
deposited in the National Treasury.
Sec. 12. Grant of Speciai Aiiowances. - The EA, Deputy EA, service or division 
heads, and lawyers shall be granted special allowances in amounts to be determined 
by the DBM: Provided, That the grant of said special allowances shall not exceed one


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hundred percent (100%) of the basic salary of the EAO officials and lawyers: Provided 
further, That special allowances shall be paid from costs of suit, attorney's fees and 
contingent fees deposited in the National Treasury pursuant to Section 11 of this Act: 
Provided finally, That whenever the funding source is insufficient, the special 
allowance shall be paid through the General Appropriations Act.
Sec. 13. Appropriations. - The amount needed for the initial implementation of 
this Act in the amount of two hundred million pesos (P200,000,000.00) shall be taken 
from the budget of the DOJ. Thereafter, such sums as may be necessary for its 
continued implementation shall be included in the annual General Appropriations Act.
Sec. 14. Amendatory Clause. - Republic Act No. 7638, otherwise known as the 
Department of Energy Act of 1992, as amended, is hereby further amended.
Sec. 15. Implementing Rules and Regulations. - Within ninety (90) calendar 
days from the approval of this Act, the DOJ, in consultation with the DBM, government 
energy agencies, and private energy stakeholders, shall adopt and issue the rules and 
regulations for the effective implementation of this Act.
Sec. 16. Congressional Oversight - The Joint Congressional Energy 
Commission shall exercise oversight powers over implementation of this Act.
Sec. 17. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in force and effect.
Sec. 18. Repealing Clauses. - Any law, presidential decree or issuance, 
executive order, letter of instruction, rule or regulation inconsistent with the provisions 
of this Act is hereby amended, modified, or repealed accordingly.
Sec. 19. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or a newspaper of general circulation.