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TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE 
S.B. No.
of tfer
25 ME -7 f 1 22*
: ECElVEi BY:
Introduced by SEN. WIN GATCHALIAN
AN ACT
AMENDING REPUBLIC ACT NO. 7638 OTHERWISE KNOWN AS THE 
DEPARTMENT OF ENERGY ACT OF 1992
EXPLANATORY NOTE
There are few industries more technical in nature than the energy industry where the 
steep learning curve is overcome not only by sheer capability and knowledge but by 
experience and exposure. The Secretary, as the head of the Department of Energy (DOE), 
is tasked with the implementation of the overall energy policy of the country1 and 
supervision of all energy related programs, projects and activities2 and is thus expected 
to have a deep understanding of the energy industry.
This measure seeks to remove the prohibitive provision which makes persons otherwise 
having the required knowledge and experience ineligible for appointment as Secretary of 
the DOE, while still safeguarding against conflicts of interest by mandating the (1) public 
disclosure of prior involvement or connection with any energy industry participant, the (2) 
divestment of any and all interests in any energy industry participant, and (3) termination 
of any directorship, employment, consultancy, contract of service or any connection with 
any energy participant.
1 Section 5(a) of Republic Act No. 7638.
2 Section 5(d) of Republic Act No. 7638.


This bill therefore endeavors to ensure that qualified knowledgeable and experienced 
persons are eligible to lead the DOE without conflicts of interest. Givprrtfie foregoing, the 
immediate passage of this measure is sought.
GATCHALIAN


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SEN ATE 
s. B. No. 1090
Senate
mm citUr
25 AUG -7 PI 22
RECEIVE! BY:.
Introduced by Senator Sherwin Gatchalian
AN ACT
AMENDING REPUBLIC ACT NO. 7638 OTHERWISE KNOWN AS THE 
DEPARTMENT OF ENERGY ACT OF 1992
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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SECTION 1. Section 8 of Republic Act No. 7638 is hereby amended to read as
follows:
"SECTION 8. The Secretary. - The Secretary shall be 
appointed by the President, subject to confirmation by the 
Commission on Appointments.
[No officer, external auditor,-accountant, or legal counsel-ef
any private company or enterprise primarily engaged in the
energy industry shall bo eligible for appointment as Secretary
within two (2) years from his retirement, resignation, or
separation therefrom.]
THE SECRETARY SHALL, UPON APPOINTMENT:
A) PUBLICLY DISCLOSE THE FOLLOWING:
(i) ANY DIRECTORSHIP, EMPLOYMENT, 
CONSULTANCY, CONTRACT OF SERVICE,


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CONNECTION WITH, OR PECUNIARY 
INTEREST IN ANY ENERGY INDUSTRY 
PARTICIPANT IN THE PAST FIVE (5) YEARS 
PRIOR TO THE APPOINTMENT;
(ii)IF A SPOUSE, PARTNER, AND ANY RELATIVE 
BY CONSANGUINITY OR AFFINITY WITHIN 
THE FOURTH CIVIL DEGREE IS A DIRECTOR, 
OFFICER, EMPLOYEE, CONSULTANT, OR HAS A 
CONTRACT OF SERVICE, ANY CONNECTION,
OR PECUNIARY INTEREST IN ANY ENERGY 
PARTICIPANT IN THE PAST FIVE (5) YEARS 
PRIOR TO THE APPOINTMENT;
B) DIVEST, THROUGH SALE OR LEGAL DISPOSITION,
ANY AND ALL INTERESTS IN ANY ENERGY 
INDUSTRY PARTICIPANT; AND
C) TERMINATE ANT DIRECTORSHIP, EMPLOYMENT, 
CONSULTANCY, CONTRACT OF SERVICE, OR ANY 
CONNECTION WITH ANY ENERGY INDUSTRY 
PARTICIPANT.
XXX"
SECTION 2. Separability Clause. - Should any provision of this Act be held 
unconstitutional, no other provision hereof shall be affected thereby.
SECTION 3. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation.
Approved,