Question & AnswerQ&A (ERC Resolution NO. 25, S. 2013)
Republic Act No. 9136, also known as the Electric Power Industry Reform Act (EPIRA), mandates the ERC to handle consumer complaints and ensure the promotion of consumer interests.
Republic Act No. 7832 is commonly known as the Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994.
Before disconnection, the discovery of illegal electricity use must be personally witnessed by an officer of the law or ERC representative, due prior notice must be served to the consumer-offender, and the consumer-offender must be given one business day immediately after receipt of the demand letter to settle the differential billing.
An officer of the law includes persons charged with maintenance of public order and protection of life and property, such as barangay captains, barangay councilmen, barangay police, PNP policemen, municipal mayors, municipal councilors, and provincial fiscals.
The signature of the officer of the law on the Metering Facilities Inspection Report (MFIR) alone is insufficient. The concerned distribution utility must submit the duly executed affidavit of the officer of the law, who must also be presented before the ERC for identification and clarifications.
No, when an ERC representative witnesses the discovery and signs the MFIR, they are not required to execute an affidavit or be presented as a witness before the ERC.
An ERC authorized representative is assigned to conduct testing of electric meters or inspection of electric lines and facilities of any distribution entity or may be specifically authorized by the head of the main or regional ERC offices.
The consumer-offender must be given one (1) business day immediately upon receipt of the demand letter to settle the differential billing before disconnection is effected.
The rules are promulgated under ERC Resolution No. 25, S. 2013 dated December 16, 2013.
The purpose is to provide clarity and guidance to distribution utilities, consumers, and other players in the energy industry in implementing RA 7832 by laying down the requisites and procedures before disconnection of electric service of consumer-offenders may be effected.