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House Bill 5020 re abolition of ERC

May 23, 2018
Committee on Government Reorganization
House of Representatives
Quezon City
Re: HB 5020
Our comments and recommendations.
1. We propose that the Board of Energy shall be an attached agency to the Office of the President. This is similar to the Philippine Competition Commission, an independent quasi ?judicial body created under Republic Act No. 10667.
2. We propose that the Members of the Board of Energy be appointed from the ranks of career executive service eligibles, or CESOs, or shall be such eligibles within one (1) year from their appointment. The Chairperson shall enjoy no security of tenure.
3. The Board of Energy should not be authorized to grant provisional authority in all matters relating to fixing of rates and tariffs of the transmission company, the private distribution utilities and electric cooperatives.
4. The participation of the Commission on Audit and the Office of the Solicitor General should be compulsory and mandatory in all matters relating to fixing rates and tariffs. The proposal is to strengthen the mandate of the Board of Energy to ensure consumer welfare and interests in the performance of their duties and responsibilities under the law.
5. We propose that one (1) member of the Board of Energy should represent the consumer sector.
6. We propose a Congressional Oversight Committee to oversee the implementation of the law.
7. We propose that the Board of Energy promulgates the rules and regulations of the law in consultation with the Department of Energy and the participation of other stakeholders of the electricity industry and consumer groups.
Very truly yours,
Atty. Victorio Mario A. Dimagiba, AB, LLB, LLM