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Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Rudys Caesar G. Fariñas I 
EXPLANATORY NOTE 
Republic Act No. 9136, otherwise known as the Electric Power Industry Reform Act 
(EPIRA), heralded the transition from a public sector vertically-integrated monopoly to 
a private sector-led 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 operation of the electricity 
market.”1 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 as well as reasonable returns, and ensuring consumer protection.2 
These duties result in a delicate balancing act of the regulator in deciding its cases.  
However, the lack of representation for consumers is glaring in cases before the ERC. 
Hence this measure. This bill creates an Energy Consumer Advocate Office (ECAO) led 
by the Energy Consumer Advocate. The ECAO acts as the independent consumer 
representative in all rate-setting, rule-making, and other energy-related cases and 
proceedings before government agencies, including judicial and quasi-judicial bodies. 
The creation of the ECAO aims to attain what jurisdictions with an institutionalized 
consumer advocate have, such as the postponement of utilities’ rate increase 
applications, a decrease in the income of utilities, and lower electricity retail prices.3 
Hence, the passage of this measure is sought. 
RUDYS CAESAR G. FARIÑAS I 
1 Section 2(j). Republic Act No. (RA) 9136. (2001). 
2 Id. at Section 43. 
3 Fremeth, Adam; Holburn, 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 2014) 
November 21, 2022
3:39 pm
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Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
Nineteenth Congress 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Rudys Caesar G. Fariñas I 
AN ACT 
CREATING THE ENERGY CONSUMER ADVOCATE OFFICE, 
PROVIDING FUNDS THEREFOR, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. – This Act shall be referred to as the “Energy Consumer 
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Advocate Act.” 
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SECTION 2.  Declaration of Policy. – It is hereby declared the policy of the 
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State to recognize the right of energy consumers to reasonable rates, adequate 
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and reliable services, and to transparent processes involving these rates and 
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services. Towards this end, there is a need for institutionalized and independent 
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consumer representation in rate-setting, rule-making, and other energy related 
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cases and proceedings before government agencies including judicial and quasi-
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judicial bodies. 
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Section 3. The Energy Consumer Advocate Office (ECAO). – The ECAO is 
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hereby created which shall be an independent and autonomous office attached 
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to the Department of Justice (DOJ) in accordance with Section 38(3), Chapter 7, 
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Book IV of Executive Order No. 292, otherwise known as the Administrative Code 
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of 1987, as amended. 
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Section 4. Powers and Functions. -  The ECAO shall be the representative of 
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all consumers in energy sector matters affecting the public interest before any 
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department, commission, agency, or court.  It shall independently discharge its 
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mandate towards the best interest of all consumers, ensuring least cost without 
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compromising safety, reliability, and sufficient service.  Towards this end, the 
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ECAO shall: 
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(1) Initiate, intervene, and represent all consumers, in rate-setting, rule-
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making, and other energy related cases, complaints, proceedings, and 
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consultations before the Department of Energy (DOE), Energy Regulatory 
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Commission (ERC), National Electrification Administration (NEA), 
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Philippine Competition Commission (PCC), and other judicial and quasi-
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judicial bodies; 
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(2) Initiate, intervene, and represent all consumers in actions before any trial 
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or appellate court, including the Supreme Court, which involve the validity 
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of any decision, memoranda, rule, regulation, circular, or order of the 
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DOE, ERC, NEA, PCC, and other departments, commissions, and agencies 
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insofar as these decisions and policy issuances affect energy rates and 
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services;  
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(3) 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 
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services; 
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(4) Engage in regular information, education, and communication programs 
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for all consumers on laws, rules, regulations, decisions, circulars, and 
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orders that affect energy rates and services, including consumer rights and 
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remedies; 
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(5) Be furnished or served, as the case may be, by departments, commissions, 
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and agencies with all documents, notices, petitions, applications, 
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complaints, answers, motions, and other pleadings in all energy related 
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cases, complaints, proceedings, and consultations;  
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(6) Have the right to access, free of charge, all files, records, and documents 
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in the DOE, ERC, NEA, PCC and other departments, commissions, and 
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agencies pertaining to energy related cases, complaints, proceedings, and 
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consultations: Provided, That the files, records, and documents do not 
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pertain to the following: 
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(a) Personnel information; 
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(b) Confidential communications between commissioners, judges, or 
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justices and their general counsels on records relating to proceedings 
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in which the ECAO is a party to; or  
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(c) Confidential information declared as such by the ERC; and  
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(7) Be free of charge in its use of ordinary mail, registered mail, or courier 
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service for the transmittal of official communications and papers directly 
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connected with the conduct of its powers, functions, or exercise of 
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administrative supervision over its personnel. 
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ECAO lawyers shall have the authority to administer oaths in connection with 
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the performance of their duty.   
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Section 5. The Energy Consumer Advocate and Deputy Energy Consumer 
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Advocate. – The Energy Consumer Advocate (ECA) shall head the ECAO, shall 
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have the primary authority and responsibility for the effective exercise of its 
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mandate and the discharge of its powers and functions, and shall be assisted by 
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a Deputy ECA.  In case of temporary absence of the ECA, the Deputy ECA shall 
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be designated as the Officer-in-Charge of the ECAO. 
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The ECA and Deputy ECA 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 
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the ECA shall have at least six (6) years of practice in the field of energy, and the 
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Deputy ECA shall have at least four (4) years of practice in the field of energy. 
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Both of them shall not be affiliated with any energy company, as member of the 
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board, officer, employee, or consultant, at least one (1) year before their 
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respective appointments.   
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Section 6. Appointment, Term, and Rank. –  The ECA and Deputy ECA shall 
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be appointed by the President: Provided, That the appointment of the Deputy 
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ECA shall be upon the recommendation of the ECA.  They shall both serve for a 
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term of six (6) years and may be reappointed: Provided, That for the first 
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appointees, the ECA and Deputy ECA shall hold office until the end of term of 
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the appointing President.  
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The ECA and Deputy ECA shall have the same rank, salaries, allowances, and 
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retirement benefits as the Prosecutor General and Senior Deputy State 
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Prosecutor of the National Prosecution Service respectively: Provided, That their 
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retirement benefits shall be prorated in accordance with Section 21 of Republic 
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Act No. 10071, otherwise known as the Prosecution Services Act.  
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Section 7. Prohibitions. –  The ECA and Deputy ECA 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 
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fourth degree of consanguinity or affinity;  
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(2) Having any interest, ownership, or stake in any energy company in the 
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course of their respective terms of office: Provided, That this prohibition 
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shall also apply to their family members up to the fourth degree of 
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consanguinity or 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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Section 8. Organizational Structure and Plantilla Positions. – The ECAO, 
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upon approval of the DOJ, shall submit its organizational structure and plantilla 
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positions to the Department of Budget and Management (DBM) not later than 
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six (6) months from the effectivity of this Act: Provided, That the DBM shall 
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approve the final organizational structure and plantilla positions of the ECAO 
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not later than three (3) months from submission.  
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The ECAO, 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 ECAO’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 ECAO 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 
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efficient discharge of its powers and functions. All employees and consultants 
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shall be subject to civil service laws, rules, and regulations: Provided, That all 
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employees shall be subject to Republic Act No. 6758, otherwise known as the 
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Salary Standardization Act.   
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Section 9. Removal and Vacancy. – The ECA and Deputy ECA shall not be 
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removed or suspended, except for cause provided by law. The President may 
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remove the ECA or the Deputy ECA for malfeasance, misfeasance, or 
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nonfeasance in office, or for any cause which renders any of them ineligible for 
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appointment, or incapable, or unfit to discharge the mandate, powers, and 
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functions of the ECAO. 
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In case of death, permanent incapacity, removal, or resignation of the incumbent 
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ECA or Deputy ECA, the President may appoint or designate one, as the case 
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may be, in an acting capacity until a new ECA or Deputy ECA has been 
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appointed: Provided, That the new appointment shall only be for the unexpired 
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term of the predecessor.   
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SECTION 10. Exemption from Fees and Costs of Suits. – The ECAO shall be 
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exempt from payment of docket and other fees incidental to instituting an action 
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in court and other quasi-judicial bodies, as an original proceeding or on appeal. 
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SECTION 11. Costs of Suit. – The costs of the suit, attorney’s fees, and 
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contingent fees imposed upon adversarial parties of the ECAO after a successful 
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litigation shall be deposited in the National Treasury.   
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Section 12. Grant of Special Allowances. – The ECA, Deputy ECA, service or 
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division heads, and lawyers shall be granted special allowances in amounts to 
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be determined by the DBM: Provided, That the grant of said special allowances 
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shall not exceed one hundred percent (100%) of the basic salary of the ECAO 
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officials and lawyers: Provided further, That special allowances shall be paid from 
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costs of suit, attorney’s fees and contingent fees deposited in the National 
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Treasury pursuant to Section 11 of this Act: Provided finally, That whenever the 
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funding source is insufficient, the special allowance shall be paid through the 
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General Appropriations Act.   
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Section 13. Appropriations. – The amount necessary for the initial 
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implementation of this Act in the amount of two hundred million pesos 
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(P200,000,000.00) shall be taken from the budget of the DOJ. Thereafter, the 
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amount of two hundred million pesos (P200,000,000.00) shall be automatically 
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appropriated and included in the annual General Appropriations Act every year 
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which may be increased as may be necessary for the continued implementation 
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of this Act. 
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Section 14. Amendatory Clause. – Section 41, Chapter 10, Book I and Section 
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4, Chapter 1, Title III, Book IV of Executive Order No. 292, otherwise known as 
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the Administrative Code of 1987, as amended, is hereby further amended.  
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SECTION 15. Implementing Rules and Regulations. – Within ninety (90) 
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calendar days from the approval of this Act, the DOJ, in consultation with the 
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DBM, government energy agencies, and private energy stakeholders, shall adopt 
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and issue the rules and regulations for the effective implementation of this Act. 
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SECTION 16.  Congressional Oversight. – The Joint Congressional Energy 
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Commission shall exercise oversight powers over implementation of this Act.  
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SECTION 17.  Separability Clause. – Any portion or provision of this Act, which 
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may be declared unconstitutional or invalid shall not have the effect of nullifying 
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other portions or provisions hereof. 
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SECTION 18.  Repealing Clauses. – All laws, ordinances, rules, regulations and 
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other issuance or parts thereof, which are inconsistent with this Act, are hereby 
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amended, modified, or repealed accordingly. 
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SECTION 19. Effectivity Clause. – This Act shall take effect fifteen (15) days 
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after its publication in at least two (2) newspaper of general circulation. 
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Approved,