Question & AnswerQ&A (ERC Resolution NO. 03, S. 2009)
The purpose of ERC Resolution No. 03, S. 2009 is to amend Sections 4 and 5, Article III of the Guidelines governing the imposition of administrative sanctions in the form of fines and penalties pursuant to Section 46 of Republic Act No. 9136.
Such a person shall be subject to fines depending on the number of violations: Php 50,000 for the 1st violation, Php 100,000 for the 2nd and 3rd violations, and Php 200,000 for the 4th and subsequent violations, with additional penalties based on delay in compliance.
For delays after notification, additional penalties are 10% of the basic penalty for more than 1 month but less than 3 months; 50% for delays of 3 to 6 months; and 50% for every month of delay beyond 6 months.
Fraudulent submissions are treated as non-compliance and carry higher basic penalties: Php 200,000 for the 1st violation, Php 300,000 for the 2nd, and Php 500,000 for the 3rd and subsequent violations, plus the cancellation of the CPCN License and Franchise for Consortium.
Officials or personnel responsible are subject to fines of Php 100,000 for the 1st violation, Php 200,000 for the 2nd, and Php 400,000 for the 3rd and subsequent violations.
No, compromise agreements are not allowed when the same violation is committed more than once.
Penalties start at Php 100,000 for the 1st and 2nd violations, Php 300,000 for the 3rd and 4th, and Php 500,000 plus cancellation of CPCN, License, and Franchise for the 5th and subsequent violations.
Additional penalties are 10% of the basic amount for delay after 1 month, 50% after 2 months, and 100% after 3 months from the notice.
The resolution took effect fifteen days after publication in two newspapers of general circulation in the Philippines.
Copies were to be furnished to the University of the Philippines Law Center-Office of the National Administrative Register (UPLC-ONAR) and all entities engaged in generation, transmission, distribution, and supply of electricity.