Republic of the Philippines 
House of Representatives 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
House Bill No. 854 
Introduced by 
PhilRECA Party-List Representative Presley C. De Jesus 
EXPLANATORY NOTE 
The enactment of Republic Act No. 9136 or the Electric Power Industry Reform 
Act of 2001 (EPIRA) marked the era of paradigm shift from a government 
monopolized energy sector towards a liberated and private sector-driven 
industry. Corollarily, the said law mandates the Energy Regulatory 
Commission (ERC) to eponymously regulate matters to balance the interests 
of the entire energy industry players. However, the herculean tasks bestowed 
upon ERC makes it hard for them to balance these battling interests from the 
entire energy spectrum—especially for the captive market end-user 
consumers. 
Despite the presence of ERC, the captive market end-users do not have an 
office of public interest lawyers that will represent their grievances against the 
incessant demands of energy players—from generation to distribution 
utilities—who have always a group of legal gladiators at their disposal to fight 
for their corporate interest. 
Thus, it is imperative to create an institution to represent solely the interest 
of end-users in rate-setting, rule-making, and other energy-related cases and 
proceedings before all government agencies including its judicial and quasi-
judicial organs: the Tribune of the End-User Consumers. 
This bill seeks to create an Energy Counsel Office (ECO) as an institution 
tasked to realize the aforementioned premises and ensure a low and 
July 1, 2025
2:30 pm


reasonable electricity rates for the end-user consumers who are held captive 
in a private sector dominated power industry. A similar measure was filed 
during both the 18th and 19th Congresses, where it was approved at the 
committee level. This bill is refiled to build upon that progress and ensure its 
enactment into law. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
REP. PRESLEY C. DE JESUS 
PhilRECA Party-List 


Republic of the Philippines 
House of Representatives 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
House Bill No. 854 
Introduced by 
PhilRECA Party-List Representative Presley C. De Jesus 
AN ACT 
PROVIDING FOR THE NATIONAL POLICY AND FRAMEWORK FOR 
ENERGY ADVOCACY, CREATING FOR THE PURPOSE  
THE ENERGY ADVOCACY COUNSEL OFFICE, AND  
APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and the House of Representatives on the Philippines 
in Congress assembled: 
SECTION. 1. Short Title. -This Act shall be referred to as the "Energy 
1 
Advocacy Counsel Act." 
2 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of 
3 
the State to recognize the right of end-users to reasonable rates, adequate and 
4 
reliable electric services, and transparent processes involving such rates and 
5 
services. Towards this end, there shall be established an institutionalized and 
6 
independent end-user representation in rate-setting, rule-making, and other 
7 
energy-related cases and proceedings before government agencies, including 
8 
administrative, judicial and quasi-judicial bodies. 
9 
The State shall also encourage the active participation of non-profit, 
10 
non-stock and non-political associations or entities or individuals in the rate- 
11 
making processes of the energy regulator and recognize the need for active 
12 
participation of the said organizations. 
13 


 
SECTION 3. The Energy Advocacy Counsel Office (EACO). - The 
1 
EACO is hereby created, which shall be an independent and autonomous 
2 
office attached to the Department of Justice (DOJ) for purposes of policy 
3 
direction and coordination in accordance with Section 38(3), Chapter 7, Book 
4 
IV of Executive Order No. 292, "Administrative Code of 1987”, as amended. 
5 
SECTION 4. Powers and Functions. - The EACO shall be a public legal 
6 
office that shall represent all captive market electricity end-users in the energy 
7 
sector, and matters affecting the public interest before any department, 
8 
commission, agency, quasi-judicial body or court requiring the services of a 
9 
lawyer. It shall independently discharge its mandate towards the best interest 
10 
of all captive end-users, ensuring least cost without compromising safety, 
11 
reliability, efficiency and accessibility of electricity. As used in this Act, end-
12 
user shall refer to any captive customer or entity requiring the supply and 
13 
delivery of electricity for its own use. 
14 
Towards this end, the EACO shall, upon request: 
15 
(1) Initiate, intervene, and represent all end-users, in the following: 
16 
(a) Rate-setting, rule-making, and other energy-related cases, 
17 
complaints, proceedings, and consultations regarding, but not limited 
18 
to, electric generation, transmission and distribution projects, as well 
19 
as power supply agreement applications, before the Department of 
20 
Energy (DOE), Energy Regulatory Commission (ERC), National 
21 
Electrification 
Administration 
(NEA), 
Philippine 
Competition 
22 
Commission (PCC), and other judicial and quasi-judicial bodies. 
23 
Nothing in this section shall mean to diminish the primary and 
24 
exclusive jurisdiction of the NEA in the exercise of its disciplinary 
25 
authority over erring officers of electric cooperatives under PD No. 269, 
26 
as amended by Republic Act No. 10531, the "NEA Reform Act of 2013"; 
27 
and 
28 
(b) Actions before any trial or appellate court, including the 
29 
Supreme Court, which involve the validity of any decision, memoranda, 
30 
rule, regulation, circular, or order of the DOB, BRC, NEA, PCC, and 
31 
other departments, commissions, and agencies insofar as such 
32 
decisions and policy issuances affecting electricity rates and services; 
33 
(2) Monitor all issuances, acts and omissions of the DOE, ERC, NEA, 
34 
PCC, and other departments, commissions, and agencies and formulate and 
35 
issue the necessary comments or legal memoranda insofar as such decisions 
36 
affect electricity rates and electric services; 
37 


 
(3) Evaluate and act upon request and complaint from end-users 
1 
concerning the matters set forth in items (1) and (2), except that any court 
2 
proceedings initiated by the EACO shall be brought on behalf of the 
3 
complainant, intervenor or petitioner and not on behalf of the captive market 
4 
end-user. The initiation or continuation of any proceedings shall be in the sole 
5 
discretion of the EACO; 
6 
(4) Conduct investigations, initiate studies, undertake researches, 
7 
present comments and testimonies before governmental bodies, issue reports, 
8 
and engage in regular information, education, and communication programs 
9 
for all captive market end-users on laws, rules, regulations, decisions, 
10 
circulars, and orders that affect electricity rates and services, including end-
11 
user rights and remedies; 
12 
(5) Consult directly with end-users on a regular basis in order to 
13 
determine the concerns of end-users with respect to electricity rates; 
14 
(6) Be furnished or served, as the case may be, by departments, 
15 
commissions, and agencies with all pertinent documents, notices, petitions, 
16 
applications, complaints, answers, motions, and other pleadings in all related 
17 
cases, complaints, proceedings, and consultations involving rate-settings and 
18 
electric services; 
19 
(7) Have the right to access, free of charge, all files, records, and 
20 
documents in the DOE, ERC, NEA, PCC and other departments, commissions, 
21 
and agencies pertaining to energy-related cases, complaints, proceedings, and 
22 
consultations: Provided, That the files, records, and documents do not pertain 
23 
to the following: 
24 
(a) Personnel information or any information that may violate 
25 
Republic Act No. 10173, otherwise known as the *Data Privacy Act of 
26 
2012"; 
27 
(b) Confidential communication between commissioners, judges, 
28 
or justices and general counsels on records relating to proceedings in 
29 
which the EACO is a party to; and 
30 
(c) Confidential information and privileged communication 
31 
declared as such by the ERC, the PCC and other relevant departments, 
32 
commissions and agencies. 
33 
EACO lawyers shall have the authority to administer oaths in 
34 
connection with the performance of their duties in accordance with the Rules 
35 
of Notarial Practice and other relevant issuances. 
36 


 
SECTION 5. Representation of Indigent Litigants. - The EACO shall 
1 
independently discharge its mandate to render, free of charge, legal 
2 
representation, assistance, and counselling to indigent persons in cases 
3 
falling under Sec. 4(1) of this Act: Provided, That the prescribed administrative 
4 
remedies have been exhausted. 
5 
SECTION 6. The Energy Advocacy Counsel and Deputy Energy 
6 
Advocacy Counsels. - The Energy Advocacy Counsel (EAC), who shall head 
7 
the EACO, shall have the primary authority and responsibility for the effective 
8 
exercise of its mandate and the discharge of its powers and functions, and 
9 
shall be assisted by three (3) Deputy Energy Advocacy Counsels. In case of 
10 
temporary absence of the EAC, a Deputy EAC shall be designated as the 
11 
Officer-in-Charge of the EACO. 
12 
The EAC shall be a natural-born citizen of the Philippines, at least 
13 
thirty-five (35) years of age, with at least seven (7) years of practice in law, and 
14 
with proven competence, integrity, probity, and independence. 
15 
The Deputy EACs shall be natural-born citizens of the Philippines, at 
16 
least thirty-five (35) years of age, with at least four (4) years of practice in law, 
17 
energy, or finance and with proven competence, integrity, probity, and 
18 
independence: Provided, That the Deputy EACs shall not be affiliated with any 
19 
energy company, member of the Board, officer, employee, or consultant, for 
20 
at least one (1) year prior to their respective appointments. 
21 
SECTION 7. Appointment, Term, and Rank. - The EAC and Deputy 
22 
EACs shall be appointed by the President. The AC shall be co-terminus with 
23 
the President, while the Deputy EACs shall serve for a term of six (6) years 
24 
and may be reappointed. 
25 
The EAC and Deputy EACs shall have the same rank, salaries, 
26 
allowances, and retirement benefits as the Prosecutor General and Senior 
27 
Deputy State Prosecutor of the National Prosecution Service, respectively: 
28 
Provided, That their retirement benefits shall be pro-rated in accordance with 
29 
Section 21 of Republic Act No. 10071, otherwise known as the “Prosecution 
30 
Services Act”. 
31 
SECTION 8. Prohibitions. - The EAC and Deputy EACs shall be 
32 
prohibited from: 
33 
(1) Serving as a member of the Board, officer, employee, or consultant 
34 
of any energy company in the course of their respective terms of office: 
35 
Provided, That such prohibition shall also apply to their relatives up to the 
36 
third civil degree of consanguinity or affinity; 
37 


 
(2) Having any interest, ownership, or stake in any energy company in 
1 
the course of their respective terms of office: Provided, That such prohibition 
2 
shall also apply to their relatives up to the third civil degree of consanguinity 
3 
or affinity; 
4 
(3) Being members of a political party or committee, or engaging in any 
5 
partisan political activity in the course of their respective terms of office; and 
6 
(4) Engaging in any energy-related businesses within two (2) years after 
7 
relinquishing the post from any reason thereof. 
8 
In cases where any of the foregoing acts is done in collusion with private 
9 
individuals or corporations, the private individuals or corporations shall 
10 
likewise be liable for the offense. 
11 
In addition, the public officer and private individual or corporation 
12 
involved shall suffer the penalty of temporary disqualification from public 
13 
office for a period of three (3) years upon conviction and permanently 
14 
disqualified from transacting in any energy-related business with the 
15 
government, respectively, 
16 
Private individuals, including public officers, who commit any of the 
17 
aforementioned acts, or conspires with them, shall suffer the penalty of 
18 
prision mayor as defined under Chapter Three, Section One, Article 27, of 
19 
Republic Act No. 3815, otherwise known as "The Revised Penal Code, as 
20 
amended'" 
21 
SECTION 9. Organizational Structure and Plantilla Positions. - 
22 
The DOJ shall submit its temporary organizational structure and plantilla 
23 
positions to the Department of Budget and Management (DBM) not later than 
24 
six (6) months from the effectivity of this Act 
25 
The EACO may, upon approval by the DOJ, request the DBM for any 
26 
change in the organizational structure and plantilla positions after a 
27 
comprehensive review resulting to a finding that such alteration will improve 
28 
the discharge of the EACOs powers and functions: Provided, That the DBM 
29 
shall render a decision on such request within six (6) months from its 
30 
submission. 
31 
The EACO shall have legal, technical, and administrative personnel in 
32 
its organizational structure and staffing complement, and may hire 
33 
consultants as expert witnesses or technical advisors as it may find necessary 
34 
for the full and efficient discharge of its powers and functions. All employees 
35 
and consultants shall be subject to civil service laws, rules, and regulations: 
36 


 
Provided, That the salaries of all employees shall be subject to Republic Act 
1 
No. 11466, otherwise known as the "Salary Standardization Law of 2019". 
2 
SECTION 10. Removal and Vacancy. - The EAC and Deputy EACs 
3 
shall not be removed or suspended, except for cause provided by law. The 
4 
President may remove the EAC or Deputy EACs for malfeasance, misfeasance, 
5 
or nonfeasance in office, or for any reason which renders any of them ineligible 
6 
for appointment, incapable, or unfit to discharge the mandate, powers, and 
7 
functions of the EACO. 
8 
In case of death, permanent incapacity, removal, or resignation of the 
9 
incumbent EAC or Deputy EACs, the President may appoint or designate one, 
10 
as the case may be, in an acting capacity until a new EAC or Deputy EAC has 
11 
been appointed: Provided, That the new appointment shall only be for the 
12 
unexpired term of the predecessor. 
13 
SECTION 11. Exemption from Fees and Costs of Suits. - The EACO 
14 
shall be exempt from the payment of docket and other fees incidental to 
15 
instituting an action in court and other quasi-judicial bodies, as an original 
16 
proceeding or on appeal. 
17 
SECTION 12. Costs of Suit. - The costs of the suit, attorney's fees, and 
18 
contingent fees imposed upon adversarial parties of the EACO after a 
19 
successful litigation shall be deposited in the National Treasury. 
20 
SECTION 13. Franking Privileges. - The EACO may transmit, free of 
21 
charge, through registered mail or courier service, all official communications 
22 
and papers directly connected with the conduct of its powers, functions, or 
23 
exercise of administrative supervision over its personnel. 
24 
SECTION 14. Appropriations. - The amount necessary for the effective 
25 
implementation of the provisions of this Act shall be included in the annual 
26 
General Appropriations Act. 
27 
SECTION 15. Congressional Oversight. - The Joint Congressional 
28 
Energy Commission shall exercise oversight powers over the implementation 
29 
of this Act. 
30 
SECTION 16. Implementing Rules and Regulations. - Within ninety 
31 
(90) calendar days from the approval of this Act, the DOJ shall, in 
32 
consultation with the DBM, government energy agencies, and private energy 
33 
stakeholders, adopt and issue the rules and regulations for the effective 
34 
implementation of this Act. 
35 


 
SECTION 17. Separability Clause. - Any portion or provision of this 
1 
Act, which may be declared unconstitutional or invalid by any court of 
2 
competent jurisdiction shall not have the effect of nullifying other portions or 
3 
provisions hereof. 
4 
SECTION 18. Repealing Clause. - All laws, ordinances, rules, 
5 
regulations and other issuance or parts thereof, which are inconsistent with 
6 
the provisions of this Act, are hereby amended, modified, or repealed 
7 
accordingly. 
8 
SECTION 19. Effectivity Clause. - This Act shall take effect fifteen (15) 
9 
days after its publication in the Official Gazette or at least two (2) newspapers 
10 
of general circulation. 
11 
Approved, 
12