Question & AnswerQ&A (EXECUTIVE ORDER NO. 172)
The Energy Regulatory Board (ERB) is an independent entity created to consolidate all regulatory and adjudicatory functions covering the energy sector in the Philippines, composed of a Chairman and four Members appointed by the President with the consent of the Commission on Appointments.
They must be natural-born citizens and residents of the Philippines, of good moral character, at least 35 years old, and have recognized competence in law, economics, finance, banking, commerce, industry, agriculture, engineering, management, or labor.
The Chairman serves a four-year term. The first four Members serve staggered terms: two for two years and two for three years. Subsequent terms for members are four years, and no person may serve more than two successive terms.
The ERB regulates importing, exporting, refining, marketing, distributing energy resources, fixes prices of petroleum products and piped gas, regulates rates of pipeline concessionaires, licenses refineries, and may adjust prices in cases of petroleum product shortages.
Energy resource includes any substance or phenomenon that generates energy either naturally or after processing, such as petroleum, coal, marsh gas, methane, geothermal, hydroelectric, uranium, solar energy, tidal power, and other conventional or non-conventional sources.
The ERB has the power to fix and regulate prices and rates for petroleum products, piped gas, and pipeline concessionaires, as well as rates or charges related to shipping or transporting petroleum products.
The Executive Director must be a member of the Philippine Bar with at least five years of experience in active legal practice or discharge of office requiring law practice admission in the Philippines.
The ERB conducts hearings governed by its own rules, not bound by technical rules of evidence. It may punish for contempt, compel witness testimony, take depositions within or outside the Philippines, and commission court officials to gather depositions.
Upon application or on its own initiative, the ERB may grant provisional relief without prior hearing if evidence substantially supports the order, but must conduct a hearing within 30 days thereafter with notice to affected parties.
Parties adversely affected may file a petition for review with the Supreme Court within 30 days, or 15 days for denial of motions for reconsideration. The Supreme Court can modify or set aside decisions when clearly unsupported by evidence, contrary to law, or beyond ERB jurisdiction.
The ERB shall coordinate with the Department of Energy, Environment and Natural Resources, the National Economic and Development Authority, the National Electrification Administration, and other relevant government agencies regarding policies, plans, programs, and activities in the energy field.
Penalties under Republic Act No. 6173, Presidential Decree No. 1206, and Commonwealth Act No. 146 concerning violations of certificates, licenses, permits, or ERB orders apply and may be imposed by the ERB.
They are entitled to existing retirement benefits or a separation pay equivalent to one-month basic salary for every year of service, up to 12 months' pay, based on the highest salary received.
The ERB is under the administrative supervision of the Office of the President of the Philippines.
It took effect immediately on May 8, 1987, upon its signing by President Corazon C. Aquino.