Question & AnswerQ&A (EXECUTIVE ORDER NO. 172)
The Energy Regulatory Board is an independent regulatory body created by Executive Order No. 172 on May 8, 1987, to consolidate all regulatory and adjudicatory functions related to the energy sector in the Philippines.
They must be natural-born citizens, residents of the Philippines, of good moral character, at least 35 years old, and of recognized competence in fields such as law, economics, finance, banking, commerce, industry, agriculture, engineering, management, or labor.
The term is four (4) years. The first Chairman serves four (4) years, while among the first four members, two serve two (2) years and two serve three (3) years. No person may serve more than two successive terms.
The Board may regulate importing, exporting, shipping, transporting, processing, refining, marketing, and distributing energy resources. It can fix prices of petroleum products and regulate rates for gas and pipelines, among others, to protect national interest and public welfare.
Energy resource includes any substance or phenomenon that generates energy, such as petroleum products, coal, marsh gas, methane, geothermal, hydroelectric, uranium, solar energy, tidal power, and other similar conventional and non-conventional sources.
The Executive Director, a member of the Philippine Bar with at least five years of experience, acts as recorder and official reporter of proceedings, custodian of records, and is responsible for implementing policies and supervising operating units of the Board.
Hearings are governed by Board-adopted rules without strict adherence to technical rules of evidence. The Board can take depositions remotely, commission court officials or notaries to take testimonies, and punish contempt to maintain order.
The powers of the Board of Energy, Oil Industry Commission, Bureau of Energy Utilization, Land Transportation Commission as related to energy rates and charges, and parts of the Public Service Commission were transferred to the Energy Regulatory Board.