NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
of ttje
23 JUL12 P 3 -10
SENATE
RECEIVED BY;
Introduced by Senator Francis G. Escudero
AN ACT
PROVIDING FOR THE NATIONAL POLICY AND FRAMEWORK FOR ENERGY 
ADVOCACY, CREATING THE ENERGY ADVOCACY COUNSEL OFFICE AND 
APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
The passage of Republic Act No. 9136 or the Electric Power Industry Reform 
Act (EPIRA) of 2001 provided for a liberalized, private sector-driven energy sector in 
the Philippines. While the EPIRA law directs the Energy Regulatory Commission to 
promote consumer interest, consumers and end-user representation remains limited 
particularly on matters involving performance standards and retail rates, among other.
Hence this bill, inspired by House Bill No. 2152 filed by Representatives Dagooc 
and De Jesus and Senate Bill No. 156 filed by Senator Gatchalian, seeks to create and 
organize the Energy Advocacy Counsel Office (EACO) to represent end-users in 
energy-related cases and proceedings before any government agency. It is submitted 
that through the powers and functions to be exercised by the EACO, the welfare and 
interest of energy consumers would be advanced, well-represented and upheld.
Given the above premises, consideration and approval of this bill is respectfully 
requested.
FRAN
DERO


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
ill
of U)f vetnrj>
23 JUL12 P3 -11
SENATE
Introduced by Senator Francis G. Escudero
AN ACT
PROVIDING FOR THE NATIONAL POLICY AND FRAMEWORK FOR ENERGY 
ADVOCACY, CREATING THE ENERGY ADVOCACY COUNSEL OFFICE AND 
APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the Energy Advocacy
2 
Counsel Act.
3 
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
4 
recognize the right of end-users to reasonable rates, adequate and reliable electricity
5 
services, and transparent processes involving such rates and services. Towards this
6 
end, there shall be established an independent end-user representation in rate-setting,
7 
rule-making, and other energy-related cases and proceedings before government
8 
agencies, including administrative, judicial and quasi-judicial bodies.
9 
The State shall also encourage the active participation of non-profit, non-stock
10 
and non-political associations or entities or individuals in the rate-setting processes of
11 
the energy regulator and recognize the need for active participation of the said
12 
organizations.
13 
Sec. 3. Energy Advocacy Counsel Office. - The Energy Advocacy Counsel Office
14 
(EACO) Is hereby created as an independent and autonomous office attached to the
15 
Department of Justice (DOJ) for purposes solely of policy direction and coordination
16 
in accordance with Section 38(3), Chapter 7, Book IV of Executive Order No. 292,
17 
otherwise known as the "Administrative Code of 1987", as amended.


1 
Sec. 4. Powers and Functions. - The EACO shall be a public legal office
2 
mandated to represent all captive market electricity end-users in the energy sector in
3 
all matters affecting the public interest before any department, commission, agency,
4 
quasi-judicial body or court requiring the services of a lawyer. It shall independently
5 
discharge its mandate towards the best interest of all end-users, ensuring least cost
6 
without compromising safety, reliability, efficiency and accessibility of electricity. As
7 
used in this Act, an end-user shall refer to any captive individual, natural or juridical,
8 
requiring the supply and delivery of electricity for his, her or its own use.
9 
Towards this end, the EACO shall exercise the following powers and functions:
10 
(1) Initiate, intervene, and represent all end-users, in the following:
11 
(a) Rate-setting, rule-making, and other energy-related cases,
12 
complaints, proceedings, and consultations regarding, but not limited to,
13 
electric generation, transmission and distribution projects, as well as power
14 
supply agreement applications, before the Department of Energy (DOE),
15 
Energy Regulatory Commission (ERC), National Electrification Administration
16 
(NEA), Philippine Competition Commission (PCC), and other judicial and quasl-
17 
judicial bodies.
18 
Nothing In this section shall mean to diminish the primary and exclusive
19 
jurisdiction of the NEA in the exercise of its disciplinary authority over erring
20 
officers of electric cooperatives under PD No. 269, as amended by Republic Act
21 
No. 10531, otherwise known as the "NEA Reform Act of 2013"; and
22 
(b) Actions before any trial or appellate court, including the Supreme
23 
Court, which Involve the validity of any decision, memoranda, rule, regulation,
24 
circular, or order of the DOB, ERC, NEA, PCC, and other departments,
25 
commissions, and agencies insofar as such decisions and policy issuances
26 
affecting electricity rates and services;
27 
(2) Monitor all issuances, acts and omissions of the DOE, ERC, NEA, PCC,
28 
and other departments, commissions, and agencies, and formulate and issue the
29 
necessary comments or legal memoranda insofar as such decisions affect electricity
30 
rates and electric services;


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


1 
Sec. 5. Free Legal Representation. - The EACO shall, in the independent and
2 
autonomous discharge of its mandate, render, free of charge, legai representation,
3 
assistance, and counselling to all end-users In cases falling under Section 4(1) of this
4 
Act.
5 
Sec. 6. Composition of Energy Advocacy Counsel Office. - The EACO shall be
6 
headed by the Energy Advocacy Counsel (EAC), who shall have the primary authority
7 
and responsibility for the effective exercise of its mandate and the discharge of its
8 
powers and functions, and shall be assisted by three (3) Deputy Energy Advocacy
9 
Counsels. In case of temporary absence of the EAC, a Deputy EAC shall be designated
10 
as the Officer-in-Charge of the EACO.
11 
The EAC shall be a natural-born citizen of the Philippines, at least thirty-five
12 
(35) years of age, with at least seven (7) years of practice in law, energy or finance,
13 
and with proven competence, integrity, probity, and independence.
14 
The Deputy EACs shall be natural-born citizens of the Philippines, at least thirty-
15 
five (35) years of age, with at least four (4) years of practice in iaw, energy, or finance
16 
and with proven competence, integrity, probity, and independence.
17 
No person, who has been a board member, officer, employee, consultant or an
18 
affiliate of any energy company in any manner or capacity for at least two (2) years
19 
prior to appointment, shall be appointed as EAC or Deputy EAC.
20 
Sec. 7. Appointment, Term and Rank. - The EAC and Deputy EACs shall be
21 
appointed by the President. The EAC shall be co-terminus with the President, while
22 
the Deputy EACs shall serve for a term of six (6) years and may be reappointed.
23 
The EAC and Deputy EACs shall have the same rank, salaries, allowances, and
24 
retirement benefits as the Prosecutor General and Senior Deputy State Prosecutor of
25 
the National Prosecution Service, respectively: Provided, That their retirement benefits
26 
shall be pro-rated in accordance with Section 21 of Republic Act No. 10071, otherwise
27 
known as the "Prosecution Service Act of 2010".
28 
Sec 8. Prohibitions. - The EAC and Deputy EACs shall be prohibited from:
29 
(1) Serving as a member of the Board, officer, employee, or consultant of
30 
any energy company in the course of their respective terms of office: Provided, That


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


1 
The EACO shall have legal, technical, and administrative personnel In its
2 
organizational structure and staffing complement, and may hire consultants as expert
3 
witnesses or technical advisors as it may find necessary for the full and efficient
4 
discharge of its powers and functions. All employees and consultants shall be subject
5 
to civil service laws, rules, and regulations: Provided, That the salaries of all employees
6 
shall be subject to Republic Act No. 11466, otherwise known as the "Salary
7 
Standardization Law of 2019".
8 
Sec. 10. Removal and Vacancy. - The EAC and Deputy EACs shall not be
9 
removed or suspended, except for cause provided by law. The President may remove
10 
the EAC or Deputy EACs for malfeasance, misfeasance, or nonfeasance in office, or
11 
for any reason which renders any of them ineligible for appointment, incapable, or
12 
unfit to discharge the mandate, powers, and functions of the EACO.
13 
In case of death, permanent incapacity, removal, or resignation of the
14 
incumbent EAC or Deputy EACs, the President may appoint or designate one, as the
15 
case may be, in an acting capacity until a new EAC or Deputy EAC has been appointed:
16 
Provided, That the new appointment shall only be for the unexpired term of the
17 
predecessor.
18 
Sec. 11. Exemption from Fees and Costs of Suit - The EACO shall be exempt
19 
from the payment of docket and other fees to court and other quasi-judicial bodies.
20 
Sec. 12. Contingent Fees and Costs of Suit - Conti ngent fees such as the a wa rd
21 
of the costs of the suit, attorney's fees, and other similar fees imposed against
22 
adversarial parties of the EACO after a successful litigation shall be deposited in the
23 
National Treasury.
24 
Sec. 13. Franking Privileges. - The EACO is hereby granted the franking
25 
privilege: Provided, That such privilege shall only be used to assist and expedite the
26 
conduct of official businesses, activities and duties of the EACO, and shall not be
27 
utilized for personal other non-official purposes.
28 
Sec. 14. Appropriations. - The amount necessary for the effective
29 
implementation of the provisions of this Act shall be included in the annual General
30 
Appropriations Act.


1 
Sec. 15. Implementing Rules and Regulations. - Within ninety (90) caiendar
2 
days from the approval of this Act, the DOJ shall, in consultation with the DBM,
3 
government energy agencies, and private energy stakeholders, adopt and issue the
4 
rules and regulations for the effective implementation of this Act.
5 
Sec. 16. Separability Clause. - If any provision or part hereof is declared
6 
unconstitutional, the remainder of this Act or any provision not affected thereby shall
7 
remain in full force and effect.
8 
Sec. 17. Repealing Clause. - All laws, acts, decrees, executive orders,
9 
issuances, and rules and regulations or parts thereof which are contrary to and
10 
inconsistent with this Act are hereby repealed, amended or modified accordingly.
11 
Sec. 18. Effectivity. - This Act shall take effect immediately following its
12 
publication in the Official Gazette or in at least two (2) newspapers of general
13 
circulation.
Approved,