15" CONGRESS of THE REPUBLIC
OF THE PHILIPPINES
Second Regular Session

Howse Bufo, 5380

Introduced by Congressmen Michael Angelo C. Rivera and Rodel Batocabe

EXPLANATORY NOTE

Jn response to state policy of total electrification, access to electricity service by 9 million
consumer connections have been provided in the cural areas. The ultimate beneficiaries represent
hulf of the Philippine population all living in areas being served by the 119 electric cooperatives
(ECs) nationwide, Behind the achievements of the electric cooperatives is the National
Electrification Administration (NEA) as mentor, counselor, supervisor and financier rolled into

one,

ECs are not mere cooperatives They are large infrastructures operating as electric utility in an
environment where compliances to performance standards and regulations are demanded of the
business, Within the provincial setting they catalyzed the growth in communications technology,
people empowerment, education, population control, health services, and most importantly, job
generation, Considered the most successful program patterned after the US model, the ECs, with
an average of 65,000 - 85,000 member-consumers, continue to be important vehicles for
countryside development, making possible the positioning of the country among emerging hubs
and global trends for business processing outsourced services, economic zones, among others.
‘Thus the Electric Power Industry Reform Act (EPIRA) mandates NEA:

a To prepare electric cooperatives in operating and competing under the deregulated

electric market in an environment of open access and retail wheeling;

b. To strengthen the technical capability and finan
cooperatives, and

viability of rural electric

c. Toreview and upgrade regulatory policies with a view to enhancing the viability of rural
electric cooperatives as electric utilities

The legislative intent of the bill is very timely and relevant to the critical issues that have
emerged on the privatization of NPC assets, the deregulation of electric generation sector,
regulations relating 10 open access and retail competition, corporate governance of electric
cooperatives, the requirements of open access for high-tech facilities, among others which
impact on the afore-stated additional mandate to NEA by the EPIRA. Necessarily, the charter
calls for the infasion of additional capital to enable it to guarantee EC transactions. The bill seeks
to empower NEA implement on the electric cooperatives the state policy for good governance,


enhanced step-in rights to ensure that thé NEA has adequate powers to protect investment in ECs
‘and provide them with options so as not to disrupt public service. ‘The bill proposes that the NEA
shall exercise regulatory and supervisory functions over all electric cooperatives registered under
PD 269 as amended, and those registered with the Cooperative Development Amthority (CDA)
under RA 6938 and RA 9520, and those with the Securities and Exchange Conumission (SEC)

The end goal is a stronger and better improved rural electric service ta meet the demands of
plobalization.

In view of the foregoing, the immediate passage of the bill is earnestly sought.

4 — “
REP, MICHAFI. ANGELO C, RIVERA ° REP} RODEL BATOCABE
1-CARE Party List -O BICOL Party List


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS:
Second Regular Session

‘uN, 0380

House Bill No.

Introduced by Congressmen Michael Angelo C. Rivera and Rodel Batocabe

AN ACT REVITALIZING THE NATIONAL ELECTRIFICATION ADMINISTRATION
(NEA), AMENDING PRESIDENTIAL DECREE NO, 269 FOR THE PURPOSE

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

CHAPTER I - POLICY AND DEFINITIONS

Section 1, Sections 1, 2, and 3 of Presidential Decree (PD) No. 269 is hereby

amended to read as follows:

Sec 1, Title. — {This Decree shall be referred to as the “National Electrification
Administration Decree) THIS ACT SHALL, BE KNOWN AS THE "REVISED
CHARTER OF THE NATIONAL ELECTRIFICATION ADMINISTRATION OF
2011"

Sec 2. Declaration of National Policy. -

[The total electrification of the Philippines on an area coverage basis being vital to the welfare
its people and the sound development of the Nation, it is hereby declared to be the policy of the
State to pursue and foster, in an ordesly and vigorous manner, the attainment of this objective,
For this purpose, the State shall promote, encourage and assist all public service entities engaged
in supplying electric service, particularly electric cooperatives, which are willing to pursue

diligently this objective

Because of their non-profit nature, cooperative character and (he heavy financial burdens that
they must sustain to become effectively established and operationally viable, electric
cooperatives, particularly, shall be given every tenable support-and assistance by the Nationa!
Government, its instrumentalities and agencies to the fullest extent of which they are capable,


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and, being by their nature substantially self-regulating and Congress having, by the enactment of
this Decree, substantially covered all phases of organization’ and operations requiring or
justifying regulation, and in order to encourage and promote their development, they should be
subject to minimal regulation by other administrative agencigs.

Area coverage clectrification cannot be achieved unless service to the more thinly settled
areas and therefore most costly to electrify is combined with service to the most densely settled
areas and therefore less costly to electrify. Every public service entity should hereafter cooperate
in national progeam of electrification on an area coverage basis, or else surrender its franchise in
favor of those public service entities which will, It'is hereby found that the total electrification of
the Nation requires the laws and administrative practices relating franchise electric service areas
be revised and made more-effective, as herein provided. Itis therefore hereby declared to be the
policy of the State that franchises for électric service areas shall hereafter be so issued,
conditioned , altered or repealed, and stall be subject to such continuing regulatory surveillance,
that the same shall conduce to the most expeditious electrification of the entire Nz

coverage basis]

HE. RURAL
AREAS TO SPUR THE ECONOMIC DEVELOPMENT THEREIN, TOWARDS THIS END,
THE SfATE SHALL EMPOWER AND STRENGTHEN THE NATIONAL
FLECTRIFICATION ADMINISTRATION TO PURSUE THIS PROGRAM AND BRING
ELECTRICITY - THROUGH THE ELECTRIC COOPERATIVES AS ITS IMPLEMENTING
ARM - TO THE COUNTRYSIDE EVEN IN MISSIONARY OR ECONOMICALLY
‘UNVIABLE AREAS,

TT 1S HEREBY DECLARED THE POLICY OF THE STATE TO ENERGIZE.

SECTION 3. Definitions. As used in this decree the following words or terms shall bave
the following meanings, unless a different meaning clearly appears from the context,
wool KKK.

XXX RK OK

{S)"MISSIONARY FEECTRIFICATION" SHALL MEAN THE PROVISION
OF BASIC ELECTRICITY SERVICE IN UNVIABLE ARRAS WITH THE
ULTIMATE AIM OF BRINGING THE OPERATIONS IN THESE AREAS TO
VIABN VY LEVELS,

(T) “GUARANTEE” SHALL. MEAN A WRITTEN UNDERTAKING BY NEA
TO TAKE ON THE DEBT OBLIGATION'OF ELECTRIC COOPERATIVES IF
‘THE LATTER DEFAULT ON THE PAYMENT OF OBLIGATIONS.


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(U) “AILING EZ FCTRIC COOPERATIVE” SHALL REFFR TO THOSE. ELECTRIC
COOPERATIVES WHICH HAVE NO MEANS OF MEETING THEIR
OUTSTANDING OBLIGATIONS DUE .TO TECHNICAL AND/OR,
INSTITUTIONAL JNEFFICIENCY INCLDING HIGH SYSTEM LOSS, LOW
COLLECTION EFFICIENCY, CURRENT RATIO, OPERATING LOSS, HUGE
LIABILITEES, NEGATIVE NET WORTH AND INSTITUIONAL PROBLEMS SUCH
AS GOVERNANCE, CONSUMER PER EMPLOYEE RATIO AND ADHERENCE TO.
POLICIES .

CHAPTER I - THE NATIONAL ELECTRIFICATION ADMINISTRATION,

See. 4. NEA, Authorities, Powers and Directives - Section 4 is hereby amended by adding the
following provisions: ‘

bocd oad 7000

70K Xxx Bcd

(@)TO GUARANTEE THE TRANSACTIONS FOR ELECTRIC
COOPERATIVES SUBIECT TO THE POLICIES PROMULGATED BY
THE NEA PURSUANT TO THE PROVISIONS OF THIS ACT;

(Q) TO EXERCISE STEP-IN RIGHTS AS HEREIN PROVIDED
(R) TO RESTRUCTURE ALLING ELECTRIC COOPERATIVES;

(S)TO DEVELOP, SET, AND ENFORCE TECHNICAL AND FINANCIAL.
COMPLIANCE STANDARDS FOR THE EIFICTENt OPERATION OF
ELECTRIC COOPERATIVES SUCH AS THE OBSERVANCE OF
GOVERNMENT PROCUREMENT PROCEDURES; AND

(1)TO PURSUE ELECTRIFICATION PROGRAMS THROUGH THE
ELFCIRIC COOPERATIVES,

Section 5, A new section is hereby added as section 6-A and to read as follows:


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SEC, 6-A CAPITAL STOCK — THE AUTHORIZED CAPITAL STOCK OF NEA is
HEREBY [NCREASED TO TWENTY-FIVE BILLION PESOS (P25B) DIVIDED INTO TWO
HUNDRED FIFTY MILLION SHARES WITH A PAR VALUE O ONE HUNDRED (»
100.00) PESOS EACH, WHICH SIIARES ARE NOT TO BE TRANSFERRED,
NEGOTIATED, PLEDGED, MORTGAGED, OR OTHERWISE GIVEN AS SECURITY FOR
‘THE PAYMENT OF ANY OBLIGATION,

‘OF THE 2S BILLION CAPITAL STOCK, THE SUM OF FIVE BILLION PESOS (PSB)
HAS ALREADY BEEN SUBSCRIBED AND PAID WIOLLY BY THE GOVERNMENT OF
THE PHILIPPINES IN ACCORDANCE WITH THE PROVISIONS OF RA 2700, RA 638, PD
269 AND PD1645, THE REMAINING BALANCE SHALL BE WITOLLY SUBSCRIBED BY
‘THE GOVERNMENT OF THE PHILIPPINES.

Sec, 6. Enforcement Powers. Sec. 10 is hereby amended to read as follows:

Sec. 10, [Enforcement Powers. - If any public service entity which has borrowed funds
from the NEA, or from any other lender with the NEA’S lawfully required ptior to approval,
shall default in its principal or interest payments, or shall fail, after notice fram NEA to comply
with any term of condition of a loan agreement or of any nule or segulation promulgated by the
NEA in administering the provisions of this Decree, the Board of Administrators is herby,
authorized and empowered in its discretion to do any of any combination of the following”

(2) Refuse to make, o give any required approval, to any new loun to the borrower;

(b) Withhotd without limitation the NEA’s advancement, or withhold its approval for any other
lender with respect to which the NEA has such approving power to make advancement, of
flands pursuant to any loan already made to the borrower,

(c) Withhold any technical or professional assistance otherwise being finished or that might be
furnished to the borrower,

{d) Foreclose any mortgage or deed or trust or other security held by the NEA on the properties
of such borrower, in connection with which the NEA, may, subject to aay superior or cO-
equal rights in such lien held by aay other lender, (1) bid for any purchase or otherwise
acquire such propertics, (2) pay the purchase price thereof and any costs and expenses
incurred in connection kerewith out of the revolving fund, (3) accept title to such properties
in the name of the Republic of the Philippines; and (4) even prior to the institution of


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foreclosure proceedings, operate ar ease such properties for such period, and in such
mannet as may be deemed necessary or advisable to protect the investment thercin,
including the improvement, maintenance and rehabilitation of systems ta be foreclosed, but
the NEA shall, within five years afler acquiring such properties in foreclosure proceedings,
sell the same for such considerations as it determines most conducive to the achievement of

the purposes of this decree; or
(e) Take any other remedial measure for which the loan agreement may provide.

In addition to the foregoing, the Board of Administrators may, as its own instance and in
the name of NEA, petition any court having jurisdiction for such purpose or any administrative
agency possessing regulatory powers for such purposes (including the Board of Power and
Waterworks) to issue such order and afford such lawful relief as may be necessary.

‘No borrower shall, without the approval of the Board of Administrators and of any other
lender holding or sharing, a Tien on such borrower's properties, sell or dispose of the property,
rights, franchises, permits or any other assets acquired and/or mortgaged pursuant to the
provisions of this Decree until all outstanding indebtedness to the NEA and any other such
lender, including all interest owing thereon, shall have been repaid, Provided, that the NEA
may, by appropriate nile or regulation, grant genera! permission to borrowers to dispose of
incidental properties (excluding real property), rights, franchises, permits ot other assets no
longer deemed necessary or useful in conducting the borrower's operations.

‘No cooperative shall borrow money from any source without the Board of Administrator's
prior approval; Provided, that the Board of Administrators may, by appropriate rule or
segulation, grant general permission 10 cooperatives to secure short-term loans not requiring the
encumnbering of their real properties or of a substantial portion of their other properties or
cee} . .

ENFORCEMENT OF LOAN REMEDIES.- If ANY ELECTRIC COOPERATIVE
WHICH HAS BORRROWED FUNDS FROM NEA, OR FROM ANY OTHER LENDER
WITH THE NEA’S REQUIRED PRIOR WRITTEN APPROVAL, SHALL DEFAULT IN
TTS PRINCIPAL OR INTEREST PAYMENTS,OR SHALL FAIL, AFTER NOTICE FROM
NEA, TO COMPLY WITH ANY OTHER TERM OF THE LOAN AGREEMENT OR OF
ANY LOAN POLICIES PROMULGATED BY NEA, THE BOARD OF ADMINISTRATORS
1S HEREBY AUTHORIZED AND FMPOWERED IN ITS DISCRETION TO DO ANY, OR
A COMBINATION OF ANY OF THE FOLLOWING:


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(A) REFUSE TO MAKE, OR APPROVE ANY NEW LOAN TO THE BORROWER OR TO
RELEASE FUNDS TO IMPLEMENT LOANS THAT HAVE OTHERWISE BEEN
APPROVED,

(B) WITHOLD NFA ADVANCES, OR WITHOLD APPROVAL OF ADVANCES ON
WHICH THE NEA HAS SUCIT POWER TO RELEASE FUND ON BEHALF OF ANY
OTHER LENDER ;

(CQWITHHOLD ANY TECHNICAL, INSTITUTIONAL OR PROFESSIONAL ASSISTANCE
OTHERWISE BEING FURNISHED OR: THAT .MIGHT BE FURNISHED TO THE
BORROWER;

(D)FORECLOSF ANY MORTGAGE OR DEED OF TRUST OR OTHER SECURI TY HELD
BY THE NEA ON THE PROPERTIES OF SUCH BORROWER, IN CONNECTION WITH
WHICH THE NEA, MAY, SUBJECT TO ANY SUPERIOR OR CO-EQUAL RIGHTS IN
SUCH LIEN HELD BY ANY OTHER LENDER, (1) BLD FOR AND PURCIJASE OR
OTHERWISE ACQUIRE SUCH PROPERTIES: (2) PAY THE PURCHASE PRICE THEREOF
AND ANY COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH OUT OF
IT'S REVOLVING FUND; (3) ACCEPT TITLE TO SUCH PROPERTIES UNDER ITS NAME;
AND (4) EVEN PRIOR TO THE INSTITUTION OF FORECLOSURE PROCEEDINGS,
OPERATE OR LEASE SUCH PROPERTIFS FOR SUCH PERIOD, AND IN SUCH MANNER
AS MAY BE DEEMED NECESSARY OR ADVISABLE TO PROTECT THE INVESTMENT
THEREIN, (NCLUDING THE IMPROVEMENT, ‘MAINTENANCE AND REHABILITATION
OF SYSTEMS TO BE FORECLOSED. THE NEA SHALL, WITHIN FIVE YEARS AFTER
ACQUIRING SUCH PROPERTIES IN FORECLOSURE PROCEEDINGS, SELL THE SAME
FOR SUCH CONSIDERATION AS TT DETERMINES TO BE REASONABLE AND UPON
SUCH TERMS ANP CONDITIONS AS IT DETERMINES MOST CONDUCIVE TO THE
ACHIEVEMENT OF THE PURPOSES OF THIS ACT; OR

(E) TAKE ANY OTHER REMEDIAL ‘MEASURE FOR WHICH THE LOAN AGREEMENTS
MAY PROVIDF ‘

NO COOPERATIVE SHALL BORROW MONEY FROM ANY SOURCE WITHOUT THE
PRIOR WRITTEN APPROVAL OF NEA, PROVIDED, THAT THE NEA MAY. BY
APPROPRIATE RULE OR REGULATION, GRANT GENERAL PERMISSION TO


189 COOPERATIVES TO SECURE SHORT-TERM LOANS .NOT REQUIRING THE.
190 ENCUMBERANCE OF THEIR REAL PROPERTIES OR OF A SUBSTANTIAL PORTION
191 OF THEIR OTHER PROPERTIES OR ASSETS.

192 SEC. 10-A. "ENFORCEMENT OF REGULATORY AND SUPERVISORY
193 FUNCTIONS".

194 (A)IN THE EXERCISE OF JTS POWER OF SUPERVISION AND CONTROL

195, OVER ELECTRIC COOPERATIVES, THE NEA IS EMPOWERED TO [SSUE

196 ORDERS, RULES AND REGULATIONS AND MOTU PROPIO OR UPON

197 PETITION OF THIRD PARTIES, CONDUCT INVESTIGATIONS, REFERENDA
_ 198 AND OTHER SIMILAR ACTIONS IN ALL MATTERS APFECTING SAID

199 BLECTRIC COOPERATIVES;

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201 (BYTE NEA SHALL CONTINUE TO EXCERCISE REGULATORY AND

202 SUPERVISORY FUNCTIONS ‘ON AI. ELECTRIC COOPERATIVES

203 ORIGINALLY REGISTERED UNDER PD 269, NOTWITHSTANDING THFIR

204 REGISTRATION WITH THE COOPERATIVE DEVELOPMENT AUTHORITY
205 (CDA) OR SECURITIES AND EXCHANGE COMMISSION (SEC).
206

207 (CIN. THE EXCERCISE OF JTS REGULATORY AND SUPERVISORY
208 FUNCTIONS, THE NEA SHALL TAKE PREVENTIVE AND/OR DISCIPLINARY
208 MEASURES INCLUDING BUT NOT LIMITED TO SUSPENSION AND/OR
210 REMOVAL AND REPLACEMENT OF ANY OR: ‘Al. OF THE MEMBERS OF
zu THE BOARD OF DIRECTORS, OFFICERS OR EMPLOYEES OF THE
212 ELECTRIC COOPERATIVE, AS TIIE NEA MAY DEEM FIT AND NECESSARY
23 ‘AND TO TAKE ANY OTHER REMEDIAL MEASURES AS THE LAW OR THE
na LOAN. AGREEMENT MAY PROVIDE :
2s

216 (D) ALL EXISTING PERSONNEL OF NEA SHALL CONTINUE TO BE
2? EMPLOYEES THEREOF, WITHOUT DEMOTION IN RANK OR DIMINUTION
218 IN SALARY-AND ALL ON-GOING PROJECTS AND/OR: APPROVED LOANS
219 OF THE NEA ESTABLISHED UNDER REPUBLIC ACT NO, 6038 AND PD 269,
20 AS AMENDED, SHALL RE REVIEWED BY THE NEA ESTABLISHED UNDER
221 THIS ACT AND IN'SO FAR AS IT MAY BE FOUND TO BE ECONOMICALLY

22 FEASIBLE IN ACCORDANCE WITH SOUND MANAGEMENT, ENGINEERING


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AND TECHNICAL STANDARDS, SHALL BE CONTINUED AND COMPLETED
ON A PRIORITY BASIS.

SEC. 10-8, THE NEA SHALL HAVE STEP-IN RIGHTS TN CASES OF
AILING ELECTRIC COOPERATIVES. UPON EXERCISING ITS STEP-IN RIGHTS,
THE NRA SHALL IMMEDIATELY TAKE OVER THE OPERATIONS OF THE.
AILING FLECTRIC COOPERATIVE FROM THE BOARD. DURING THE TAKE
OVER, THE NEA MAY ALSO REMOVE OFFICERS IN ORDER TO EFFECTIVELY

MONTHS FROM THE TAKE OVER, THE NEA MAY CONVERT THE ATLING
ELECTRIC COOPERATIVE TO EITHER A STOCK COOPERATIVE REGISTERED
WITH THE CDA OR A STOCK CORPORATION REGISTERED WITH THE
SECURITIES AND EXCHANGE COMMISSION. PROVIDED, THAT, A.
REEERENDUM SHALL BE CALLED BY THE NEA FOR THE PURPOSE AND
CONVERSION SHALL ONLY DONE BY A MAJORITY VOTE OF ALL MEMBERS
OF THE COOPERATIVE IN A SPECIAL OR REGULAR MEETING CALLED FOR,
SPECIFICALLY FOR THE PURPOSE.

IN THE DETERMINATION OF CONVERSION, 'HE NEA SHALL BE
GUIDED BY THE ABILITY TO PAY OF THE MEMBER-CONSUMERS ‘OF SAID.
ELECTRIC COOPERATIVE FOR THEIR SHARES IN THE STOCK COOPERATIVE,
OR STOCK CORPORATION,

IN THE EXERCISE OF ITS STEP-IN RIGHTS UNDER THIS ACT, THE NEA
MUST STRICTLY OBSERVE DUF PROCESS. THE STEP-IN RIGHTS MAY ONLY
BE EXERCISED IN CASE OF FAILURE OF THE ELECTRIC COOPERATIVE TO.
MEET OPERATIONAL STANDARDS SET BY NEA OR IN OTHER ANALAGOUS
INSTANCES SET FORTH IN THE IMPLEMENTING RULES AND REGULATIONS
OF THIS ACT.

(CHAPTER Ill — ELECTRIC COOPERATIVES.


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Sec, 7 . Set. 39. Assistance to Cooperative, Exemption from Taxes, Imposts, Duties,
Fees; Assistance from the National Power Corporation,- Section 39 is hereby amended 10 add
the following provisions to read as follows:

pod ae xxx

(C) TO AVAIL OF PREFERENCIAL. RIGHTS GRANTED .TO COOPERATIVES UNDER
REPUBLIC ACT 7140, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE, AND
REPUBLIC ACT 9520, OTHERWISE KNOWN AS THE PIILIPPINE COOPERATIVE CODE OF
2008,

(D)ELECTRIC COOPERATIVES SHALL BE ENTITLED TO CONGRESSIONAL
ALLOCATIONS, GRANTS, SUBSIDIES AND OTHER FINANCIAL ASSISTANCE FOR,
‘RURAL ELECTRIFICATION.

(E) ALL SUBSIDIES, GRANT'S, AND OTHER ASSISTANCE SHALL FORM PART OF
THE DONATED CAPITAL AND FUNDS OF THE ELECTRIC COOPERATIVES, AND
AS SUCH, IT SHALL NOT BE SOLD, TRADED NOR BE DIVIDED INTO SHARE
HOLDINGS AT ANY TIME, THESE DONATED .CAPITAL/FUND SHALL BE
VALUATED FOR THE SOLE PURPOSE. OF DETERMINING THE EQUITY AND
PARTICIPATION OF THE MEMBERS, PROVIDED ‘THAT, IN CASE OF
DISSOLUTION Ok THE ELECTRIC COOPERATIVE, THE SAID DONATED CAPITAL
SHALL BE SUBJECT TO ESCHEAT.

See.8 See,59, Court Review. Section 59 is hereby amended 10 read as follows:

Section 59 Court Review.- [The Supreme Court is hereby given jurisdiction to review any
order, ruling, of decision of the NEA and to modify or set aside such order, muling, or decision
‘when it clearly it happens that there was na evidence before the NEA to support reasonably such
order, ruling or decision, or that the same is contrary to law, of that it was without the
jurisdiction of NEA, The evidence presented to the NEA, together with the record of the
proceedings before the NEA, shall be certified by the NEA to the Supreme Court. Any order ,
ruling or decision of the NEA may likewise be reviewed by the Supreme Court upon a writ of
certiorari in proper cases, The procedure for review, except, as herein provided, shall be
prescribed by rules of the Supreme Court. Any order, or decision of the NEA may be reviewed
‘on the application of any person or public service entity aggrieved thereby and who was a party

in the subject proceeding, by certiorari in appropriate cases or by a petition for review, which


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shall be filed within thirty (30) days from the notification of the NEA order, decision, or ruling
on reconsideration, Such petition shall be placed on file in the office of the Clerk of the Supreme
Court who shall fumish copies thereof of the NEA and other interested parties.)

NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE SUPREME COURT 1S
HEREBY GIVEN EXCLUSIVE JURISDICTION 10 REVIEW ANY ORDER, RULING OR
DECISION OF THE NEA AND TO MODIFY OR SET ASIDE SUCHET ORDER, RULING OR,
DECISION WHEN IT CLEARLY APPEARS THAT NO EVIDENCE WAS PRESENTED
BEFORE THE NEA TO SUPPORT REASONABLY SUCH ORDER, RULING OR
DECISION, OR THE SAME IS CONTRARY TO LAW, OR WAS WITHOUT THE.
JURISDICTION OF THE NEA, THE EVIDENCE PRESENTED TO THE NEA, TOGRTHER

WITH THE RECORD OF THE PROCEDINGS BEFORE THE NEA. SHALL BE CERTIFIED
BY THE NEA 10 THE SUPREME COURT, ANY ORDER, RULING, OR DECISION OF

THE NEA MAY, LIKEWISE, BE REVIEWED BY THE SUPREMR. COURT UPON A WRIT
OF CERTIORARI IN PROPER CASES. THE PROCEDURE FOR REVIEW, EXCEPT AS
HEREIN PROVIDED, SHALL BF PRESCRIBED BY TIIE RULES OF THE SUPREME.
COURT. ‘ANY ORDFR OR DECISION OF THE NEA MAY BE REVIEWED ON THE
APPLICATION OF ANY PERSON OR PUBLIC SERVICE ENTITY AGGRIEVED
THEREBY AND WHO WAS A PARTY IN THE SUBJECT PROCEEDING, BY
CERTIORARI IN APPROPRIATE CASES OR BY A PETITION VOR REVIEW, WHICH
SHALL BE FILED WITHIN THIRTY (30) DAYS FROM THE NOTIFICATION OF THE
NEA ORDER, DECISION, OR RULING ON RECONSIDERATION. THE SAID PETITION
SHALL BE PLACED ON FILE IN THE OFFICE OF ‘IHF. CLERK OF THE SUPREME.
COURT WHO SHALL FURNISH COPIES THEREOP TO NEA AND OTHER INTERESTED
PARTIES.

Sec.9 Sec, 60 No Stay -The No Stay Provision of PRESIDENTIAL. DECREE (PD) 269 is
hereby amended 0 read as follows:[The Institutions of a writ of certiorari or other special
remedies in the Supreme Court shall in no case supersede or stay any order, ruling or decision of
the NEA unless the court shall so direct and the appellant may be required by the Court to give
‘bond in such form and of such amount as may be deemed proper’ }

‘THE INSTITUTION OF A PETITION FOR CERTIORARI OR OTHER SPECIAL REMEDIES
IN THE SUPREME COURT SHALL IN NO CASE SUPERCEDE OR STAY ANY ORDER,
RULING OR DECISION OF THE NEA IN THE EXERCISE OF ITS RIGHTS UNDER THIS
ACT UNLESS THE SUPREME COURT SHALL SO DIRECT: PROVIDED THAT, SUCH A.


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STAY SHALL IN NO CASE EXCEED SIXTY (60) DAYS AND A BOND IN SUCH FORM
AND AMOUNT ENOUGH TO COVER THE J.IABILITIES ARISING DURING THE
PERIOD OF THE STAY SHALL BE POSTED.

Sec, 10, Implementing Rules and Regulations. Within ninety (90) days from approval of
this Act, NEA in coordination with the Secretary of the Department of Energy (DOF) shall
promulgate the Implementing Rules and Regulations of this Act and shall review the same every
five (5) years to meet the needs of times.

Sec. 11. Separability Clause, If any part or section of this Act is declared
unconstitutional, such declaration shall not affect in any manner other parts or sections of this

Act.

Sec. 12. Effectiviry. This Act shall take effect afler its publication in at least two (2)
newspapers of general circulation.

Approved. *

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