March 24, 2021
Senate Committee on Energy
Attn. Sen Win Gatchalian
Re: Natural Gas Bill
May we propose the following items.
1.On Incentives , the section should specify the other applicable laws. As a rule of thumb , incentives are revenue matters. The law must specify the exemption or incentives in the law itself. Incentives cannot be lawfully extended by way of implementing rules and regulations .
Looking ahead ,the Omnibus Investment Code may be repealed by another law.
2. Section 30 on Treatment of Confidentiality , should be subject to the provisions of the Franchise .The franchise provisions override any provision of a special law like the Natural Gas Bill.
3. On the Repealing Clause, it should specifically repeal DOE Circular 2017 -11-0012.
4. On the Transitory provisions, all existing natural gas facilities must be governed by the law .
This will avoid the existence of two classes of natural gas investors in the country .
5 On the office, the law must create the office . The creation of an office cannot be lawfully delegated to an existing public office like the DOE and the ERC.
Very truly yours,
Atty. Victorio Mario A. Dimagiba, AB, LLB, LLM President , Laban Konsyumer Inc.