EIGHTEENTH CONGRESS OF THE 
)
REPUBUC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S.B. No. 
173
Introduced by SEN. WIN GATCHALIAN
^rnr.tf
o( tlic l^rn rl-up
'19 JUL-2 pi:ll
P.lCir”
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 ope^ption of the electricity 
market 'i 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 reiated 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; 
the postponement of utilities' rate increase applications, a decrease in the income of
1 Section 2(j). Republic Act No. (RA) 9136. (2001).
2 Id. at Section 43.


passage of this measure is sought.
Given the fore(
(7-the immediate
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 20H )


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHIUPPINES 
)
First Regular Session 
)
SENATE
S.B. No. 173
Introduced by SEN. W IN GATCHALIAN
tS ffiC f of t!jc 
rt.u j)
’19 JUL-2 PI M2
REC£--
AN ACT
PROVIDING FOR A NATIONAL POLICY 
AND FRAMEWORK FOR ENERGY ADVOCACY
Be it enacted by the Senate and the House o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. Short Title. -  This Act shall be referred to as the "Energy Advocate
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Act."
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Sec. 2. Declaration o f 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.
Sec. 4. Powers and Functions. - The EAO shall be the representative of all 
end-users in energy sector matters affecting the public interest before any 
department, commission, agency, or court. 
It shall independently discharge its


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mandate towards the best interest of all end-users, ensuring least cost without
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compromising safety, reliability, and sufficient service. Towards this end, the EAO
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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
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(DOE), 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
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Court, which involve the validity of any decision, memoranda, rule,
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regulation, circular, or order of the DOE, ERC, NEA, PCC, and other
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departments, commissions, and agencies insofar as these decisions
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and policy 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
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affect 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,
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and 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
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consultations: Provided, That the files, records, and documents do not pertain
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to the following:
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(a) Personnel information;
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(b) Confidential communications between commissioners, judges, or justices
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and general counsels on records relating to proceedings in which the EAO
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is a party to; or


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(c) Confidential information declared as such by the ERC; and
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(6) Be free of charge in its use of ordinary mail, registered mail, or courier service
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for the transmittal of official communications and papers directly connected
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with the conduct of its powers, functions, or exercise of administrative
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supervision over its personnel.
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EAO lawyers shall have the authority to administer oaths in connection with
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the performance of their duty.
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Sec. 5. The Energy Advocate and Deputy Energy Advocate. -  The Energy
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Advocate (EA) shall head the EAO, shall have the primary authority and
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responsibility for the effective exercise of its mandate and the discharge of its
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powers and functions, and shall be assisted by a Deputy EA. In case of temporary
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absence of the EA, the Deputy EA shall be designated as the Officer-in-Charge of the
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EAO.
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The EA and Deputy EA shall be natural-born citizens of the Philippines, at
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least forty (40) years of age, with at least fifteen (15) years of practice in law, and
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with proven competence, integrity, probity, and independence: Provided, That the
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EA shall have at least six (6) years of practice in the field of energy, and the Deputy
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EA shall have at least four (4) years of practice in the field of energy. Both of them
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shall not be affiliated with any energy company, as member of the board, officer,
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employee, or consultant, at least one (1) year before their respective appointments.
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Sec. 6. Appointment, Term, and Rank. -  The EA and Deputy EA shall be
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appointed by the President: Provided, That the appointment of the Deputy EA shall
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be upon the recommendation of the EA. They shall both serve for a term of six (6)
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years and may be reappointed: Provided, That for the first appointees, the EA and
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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
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retirement benefits as the Prosecutor General and Senior Deputy State Prosecutor of
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the National Prosecution Service respectively: Provided, That their retirement
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benefits shall be prorated in accordance with Section 21 of Republic Act No. 10071,
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otherwise known as the Prosecution Services Act.


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Sec. 7. Prohibitions. -  The EA and Deputy EA shall be prohibited from:
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(1) Serving as a member of the board, officer, employee, or consultant of any
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energy company in the course of their respective terms of office: Provided,
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That this prohibition shall also apply to their family members up to the fourth
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degree of consanguinity or affinity;
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(2) Having any interest, ownership, or stake in any energy company in the course
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of their respective terms of office: Provided, That this prohibition shall also
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apply to their family members up to the fourth degree of consanguinity or
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affinity;
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(3) Representing any government agency, government -  owned or -  controlled
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corporation, or private company in any energy related case, proceeding, or
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consultation before any department, commission, agency, or court, in the
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course of one (1) year after the end of their respective terms of office; and
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(4) Being members of a political party and committee, or engaging in any
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partisan political activity in the course of their respective terms of office.
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Sec. 8. Organizationai Structure and Piantiiia Positions. -  The EAO, upon
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approval of the DOJ, shall submit its organizational structure and plantilla positions
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to the Department of Budget and Management (DBM) not later than six (6) months
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from the effectivity of this Act: Provided, That the DBM shall approve the final
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organizational structure and plantilla positions of the ECAO not later than three (3)
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months from submission.
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The EAO, upon approval of the DOJ, may request the DBM for any change in
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the organizational structure and plantilla positions after a comprehensive review
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resulting to a finding that any alteration will improve the discharge of the EAO's
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powers and functions: Provided, That the DBM shall render a decision on such
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request within three (3) months from submission.
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The EAO shall have legal, technical, and administrative personnel in its
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organizational structure and staffing complement, and may hire consultants as
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expert witnesses or technical advisors as it finds necessary for the full and efficient
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discharge of its powers and functions. All employees and consultants shall be subject
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to civil service laws, rules, and regulations: Provided, That all employees shall be


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subject to Republic Act No. 6758, otherwise known as the Salary Standardization 
Act.
Sec. 9. Removal and Vacanqr. -  The 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 o f 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 o f 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 o f Special Allowances. -  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 
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.
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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 the 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.
Approved,