Republic of the Philippines
HOUSE OF REPRESENTATIVES
Diliman, Quezon City

FIFTEENTH CONGRESS.
First Regular Session

House BiLLNo,__ 2166

“Introduced By
HON. BERNARDO M. VERGARA

EXPLANATORY NOTE

This bill seeks to provide for local legislative approval of public utility
programs, projects, and usage rate increases to harness people's participation on
concems affecting their day-to-day life relative to their personal, household, and
institutional use of public utility services, such as but not limited to, electricity, water,
telecommunications, transportation, sewerage and waste disposal.

Public utility agencies, whether public or private in ownership, are presently
minimally accountable to the local legislature in their implementation of their
respective programs, projects, and other proposed undertakings. Implementation
merely proceeds from the specific management authority duly designated by their
respective institutional mandate pursuant fo a governing statute.

By and large, projects are executed without meaningful local legislative
participation, The people in a community, for whose benefit the purported utility
project is conceived, designed and implemented, are therefore deprived of the
opportunity for critical judgment on the level and quality of public utility services,
especially on matters affecting public accessibility, availability, and affordability.

In the case of publicly-owned utility establishments, this operating practice
assigns a contrived respect to Section 27 of Republic Act 7160, otherwise known as
the Local Government Code of 1991, ie. “No project or program shall be
implemented by government authorities unless the consultations mentioned in
Sections 2 (c) of 26 hereof are complied with, and prior approval of the sangguniang
concerned is obtained . . . xxx (italics supplied). Historical experience however
indicates that public utility agencies have interpreted mere information as
substantially compliant with the local consultative requirement of this Code. There
arises an even greater need for local legislative approval of programs and projects
proposed to be undertaken by privately-owned utility establishments which generally
implement their own decisions without prior regard for and respect of local legislative
authority.

When enacted into law, as envisioned by this author, this bill would have
empowered the populace their desired participation and critical involvement in
evaluating the soundness and viability of a particular program or project, or the


BERNARDO M. VERGARA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Diliman, Quezon City

FIFTEENTH CONGRESS:
First Regular Session

HOUSE BILL NO. 2168

Introduced by
HON. BERNARDO M. VERGARA

AN ACT PROVIDING FOR LOCAL LEGISLATIVE APPROVAL PRIOR TO
IMPLEMENTATION BY PUBLIC UTILITY AGENCIES, WHETHER
PUBLICLY OR PRIVATELY OWNED, OF PROGRAMS, PROJECTS, RATE.
INCREASES, AND OTHER UNDERTAKINGS IN LOCAL COMMUNITIES.

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

SECTION 1. ‘The approval of the local legislature in a province, city or
municipality is hereby required prior to implementation by public utility
agencies, whether publicly or privately owned, of programs, projects, rate
increases, and other undertakings in local communities within the coverage
area, such as but not limited to, electricity, water, telecommunications,
transportation, sewerage, and waste disposal.

SECTION 2. The management of the concerned public utility agency is
directed to submit for local legislative approval its proposed program, project
or undertaking within ninety (90) days from the scheduled implementation,

SECTION 3. From its receipt of a public utility program, project, or
undertaking, the local legislature shall act on the submission in accordance
with its internal rules of procedures; provided that public consultations are
duly conducted prior to its legislative action.

SECTION 4. In case of failure to secure local legislative approval, public
utility agencies shall continue to have and exercise the right to appeal or seek
lawful redress in accordance with existing laws.

SECTION 5. All laws, decrees, executive orders, rules and regulations, which
are inconsistent with this Act are hereby repealed, amended, or modified
accordingly.

SECTION 6. This Act shall take effect immediately.

Approved,