Question & AnswerQ&A (ERC)
The amendments are titled as the amendments to the Rules of Procedure Governing Complaints Filed Before the Consumer Affairs Service, Energy Regulatory Commission.
The proceedings before the Consumer Affairs Service shall be non-litigious and conciliatory in nature until the case is submitted for formal hearing.
The CAS Hearing Officer shall terminate the proceedings, prepare a report for submission to the Commission setting forth what transpired during the proceedings including all pleadings and evidences, and an Order shall be issued to set the case for Hearing with relevant details.
The aggrieved party may file a complaint for violation of the amicable settlement before the Energy Regulatory Commission.
The summary procedure may apply if the amount involved is not more than P200,000.00; if the issue is incapable of pecuniary estimation or is a violation of specific provisions of the Magna Carta for Residential Consumers; or other cases as determined by the Commission.
The Commission may dismiss the case outright if grounds for dismissal are apparent; if not dismissed, it will issue an Order applying the summary procedure, stating the issues to be resolved, and directing submission of affidavits, position papers, and evidence.
Parties must submit their affidavits, witness affidavits, and position papers within ten (10) working days from receipt of the Order.
The following are prohibited: motions for extension to file affidavits or evidence except for compelling reasons, memoranda, and dilatory motions for postponements.
The Commission shall render judgment within forty-five (45) working days after receipt of the last affidavits and position papers or expiration of the filing period. If clarificatory affidavits are required, judgment shall be rendered within thirty (30) working days after receipt of these or expiration of the original period, whichever is later.
Rule VII applies to all hearings of consumer complaints not covered by the summary procedure under Rule VI.