QuestionsQuestions (PNP CIRCULAR NO. 2002-001)
It is issued pursuant to Section 41 of Republic Act No. 9136 (EPIRA). The ERC promulgates the Magna Carta pursuant to that authority.
It applies only to residential consumers.
Among others: quality, reliable, affordable, safe, and regular supply; courteous and prompt service; transparent and reasonable pricing; adequate access to information; prompt and speedy resolution of complaints (by utility and/or ERC); right to know and choose the retailer upon retail competition; and right to organize as consumer organizations.
It is the deposit required from customers by distribution utilities for new and/or additional service equivalent to the estimated billing for one month to guarantee payment of bills.
Refund must be made within one month from termination of service, provided all bills have been paid.
If the customer paid bills on or before due date for three (3) consecutive years, the customer may demand full refund even prior to termination, subject to application and refund within one month from receipt.
Yes. Consumers are exempt from meter deposits because costs of meters are incorporated in rate base for private utilities, while electric cooperatives use reinvestment funds to procure meters. Exception: if loss/damage is due to customer fault, the customer bears replacement cost.
Meters must be tested, certified, and sealed by the ERC; adjusted to as close as possible to zero error before service. The consumer may demand the production of the meter test report showing test findings by the authorized tester.
The customer has the right to a refund of overbilling. If average error is more than tolerance of plus two percent, refund applies for a maximum of six (6) months prior to discovery, applied to future billings.
Once every two (2) years free of charge. If the consumer requests more than once every two years and the meter is within tolerable limits, the utility may assess a testing fee based on the ERC schedule.
A written notice must be served 48 hours before disconnection for non-payment. The utility may still disconnect even if the bill deposit exists, as deposit guarantees payment of future bills after reconnection.
When the owner/occupant (or someone acting for him) is caught in flagrante delicto doing acts enumerated in Section 6 of RA 7832, the utility may disconnect immediately, subject to serving prior written notice/warning including required particulars such as differential billing computation and findings.
Disconnections (subject to RA 7832) shall not be made on weekdays beyond 3:00 PM, and not on Saturdays, Sundays, and official holidays. Disconnection is also suspended under specific grounds such as presence of a sick permanent occupant on life support, funeral wake of a deceased permanent resident, non-receipt of statement of account/notice without customer-caused refusal, billing covering several months due to utility delay, and absence of customer/representative (with the noted exception for non-payment disconnections).
If at disconnection time the customer tenders payment of unpaid bills, the utility must desist from disconnecting to allow payment within 24 hours. This right can be invoked only once for the same unpaid bill.
Service must be immediately reconnected within the period in the utility’s Compliance Plan, but in no case longer than 24 hours from payment of arrearages; extension beyond 24 hours allowed only for justifiable reasons.
Yes. The consumer has the right to pay under protest to ensure continuous supply without prejudice to filing a complaint contesting the imposition. Payment is not an admission of the utility’s allegations or the consumer’s violation.
The complainant must previously discuss/consult the issue with the Consumer Welfare Desk (CWD) Officer or representative of the concerned distribution utility and no settlement has been reached.