ERC Resolution No. 03 (2009)

(NAR) VOL. 20 NO.1 / JANUARY – MARCH 2009

[ ERC RESOLUTION NO. 03, S. 2009, February 23, 2009 ]

RESOLUTION AMENDING THE GUIDELINES TO GOVERN THE IMPOSITION OF ADMINISTRATIVE SANCTIONS IN THE FORM OF FINES AND PENALTIES PURSUANT TO

SECTION 46 OF REPUBLIC ACT NO. 9136 This is to amend Sections 4 and 5, Article III of the GUIDELINES TO GOVERN THE IMPOSITION OF ADMINISTRATIVE SANCTIONS IN THE FORM OF FINES AND PENALTIES PURSUANT TO SECTION 46 OF REPUBLIC ACT NO. 9136 (“Guidelines”) approved on May 17, 2002 to read as follows: “ARTICLE III ADMINISTRATIVE SANCTIONS

Section 4. Non-Submission of Documents. – Any person who, without justifiable reason, fails to submit the documents in compliance with the ERC’s List of Reportorial Requirements or any other documents which the ERC may require from time to time, shall be subject to the following sanctions:

No. of Violation Basic Amount ofAdditional Penalty to be Imposed Penalty for the Delay in the Compliance from Notification st PhP50,000.00 a. More than 1 (one) month but 1 violation less than three (3) months 10% of the basic amount of penalty nd rd PhP100,000.00 b. Three (3) months to six (6) 2 and 3 violations months – 50% of the basic amount of penalty. th PhP200,000.00 c. More than six (6) months-50% 4 and subsequent of the basic amount of penalty for violations every month of delay If the reports/documents submitted contain fraudulent information/data, the same shall be treated as non-compliance with the preceding paragraph and shall be subject to the following sanctions:

No. of Violation Basic Amount of Additional Penalty Penaltyst PhP200,000.00 a. 50% of the basic amount of 1 violation penalty if there were Financial benefits that may be derived as a result of the violation nd PhP300,000.00 b.75% of the basic amount of 2 violation penalty if the violation is intended to conceal illegal acts rd PhP500,000.00 and c. 100% of the basic amount of 3 violation and subsequent violations cancellation of the penalty if the violation directly Certificate of Public affects the consumers Convenience and Necessity (CPCN) License and the Franchise for Consortium The official or personnel of the juridical entity solely responsible for the submission of the fraudulent reports shall be subject to the following sanctions:

No. of Violation Amount of Penalty st PhP100,000.00 1 violation nd PhP200,000.00 2 violation rd PhP400,000.00 3 and subsequent violations For purposes of these Guidelines, the responsible officer being referred to in the preceding paragraph are those who have directly participated in, or have authorized the preparation of such reports/documents. No compromise agreement shall be allowed in cases where the same violation was committed more than once.

SECTION 5. NON COMPLIANCE WITH THE PROVISIONS OF THE ACT AND ITS IRR, GRID AND DISTRIBUTION CODES, RULES REGULATIONS, ORDERS, RESOLUTION AND OTHER LAWS OF THE ERC. Any person who has been found to have committed a violation of any provisions of the Act and its IRR, the Philippine Grid and Distribution Codes (PGDC), rules, regulations, orders, resolutions and other laws the implementation and enforcement of which are delegated to the ERC, including but not limited to the following, shall be subject to the following sanctions: x x xNo. of Violation Basic Amount of Additional Penalty shall be Penalty Imposed for Any Willful Delay in the Implementation st nd PhP100,000.00 a. 10% of the basic amount of 1 and 2 violation penalty if the compliance was made after one (1) month from notice. rd th PhP300,000.00 b. 50% of the basic amount of 3 and 4 violations penalty if the compliance was made after two (2) months from notice. th PhP500,000.00 and c. 100% of the basic amount was 5 and subsequent violations Cancellation penalty made after three (3) Months from if the compliance of notice. the Certificate of Public Convenience and Necessity (CPCN), License and the Franchise for Consortium No compromise agreement shall be allowed in cases where the same violation was committed more than once. This Resolution shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation in the country. Let copies of this Resolution be furnished the University of the Philippines Law Center-Office of the National Administrative Register (UPLC-ONAR) and all entities engaged in the generation, transmission, distribution and supply of electricity. Adopted: 23 Feb. 2009

(SGD.) ZENAIDA G. CRUZ-DUCUT Chairperson

(SGD.) RAUF A. TAN (SGD.) ALEJANDRO Z. BARIN Commissioner Commissioner

(SGD.) MARIA TERESA A.R.

(SGD.) JOSE C. REYES CASTANEDA Commissioner Commissioner Source: Supreme Court E-LibraryThis page was dynamically generated