QuestionsQuestions (Republic Act No. 11234)
Its short title is the “Energy Virtual One-Stop Shop Act.” It aims to streamline the permitting process for power generation, transmission, and distribution projects by creating an online, paperless, and coordinated single gateway for application, submission of requirements, processing, and monitoring of actions.
It applies to all new power generation, transmission, or distribution projects nationwide, and covers departments, bureaus, offices, agencies, GOCCs, LGUs, and other entities involved in the permitting process.
EVOSS is an online system that allows coordinated submission and synchronous processing of required data/information, providing a single decision-making portal for actions on permits/certifications necessary for or related to a proponent’s application.
EVOSS is established under the supervision of the Department of Energy (DOE). The DOE must operate and maintain an effective IT infrastructure system (updated regularly) to implement the Act.
EVOSS recognizes the legal effect, validity, and enforceability of electronic documents submitted in relation to applications for permits and/or certifications under the Act.
EVOSS must enable secure paperless processing where proponents can: access lists of electronic documentary requirements and fees; prepare and submit requirements; monitor application status and identify responsible bureau/agency/individual; calculate/pay/settle fees electronically; and submit complaints on inaction.
It is composed of the Office of the President (Chair), DOE (Vice-Chair), specific government department heads/heads of relevant agencies (e.g., DA, DAR, DENR, DILG, DICT, ERC, NCIP, NWRB, market operator, system operator), and representatives from sectors and end users (non-voting). The committee exists only for two (2) years from the effectivity of the Act.
The Chairperson must encourage consensus building; however, in cases where consensus cannot be reached, the Chairperson decides on the matter.
The time frames are counted from the submission of complete documentary requirements.
Failure of the mother agency and its attached bureaus/offices/agencies (including GOCCs) to release action within the prescribed time frame shall be deemed approval of the application—except the Act expressly excludes DENR and ERC actions for applications by fossil fuel-based technologies such as coal, natural gas, and oil.
DOE and its attached agencies: 60 calendar days; DAR and its attached agencies: 75 calendar days (counted from submission of complete documentary requirements).
ERC: 60 calendar days for actions on all applications (but 270 calendar days for quasi-judicial cases). System operator: 150 calendar days. Market operator: 15 calendar days.
For applications with complete supporting documents filed with LGUs: barangays—15 days; cities/municipalities—15 days; provinces—15 days. Failure to act within these periods is deemed approval, and denial must be on valid grounds and fully explained in writing.
NCIP actions: (1) Certificate of Non-Overlap within 10 calendar days; (2) Free, Prior, and Informed Consent (FPIC)/Certification Pre-Condition within 105 calendar days. Failure to issue within these periods is deemed approval (for the corresponding approvals/certifications). Denial must be based on specified grounds and must be fully explained in writing within 15 calendar days from community validation.
Administrative offenses include: willful refusal to participate in EVOSS; willful acts delaying EVOSS operationalization; failure to comply with mandated time frames; and tampering with EVOSS or any part/component. Tampering refers to interfering with, altering, or manipulating EVOSS or any of its components.
For failure to comply with time frames (Sec. 17(c)): first offense—30 days suspension without pay; second—3 months suspension without pay; third—dismissal and perpetual disqualification. For tampering (Sec. 17(d)): dismissal and perpetual disqualification.
The DOE may issue provisional approval/permit/certification relating to applications before BOI, DOJ, and DOLE, with actions released within 15 calendar days from submission of complete documentary requirements. These provisional approvals remain valid and binding unless revoked for noncompliance after a post-audit.