Staffing and Qualifications
- Board shall appoint an adequate staff including an Executive Director licensed to practice law with at least 5 years of experience.
- Executive Director's roles include acting as recorder, custodian of records, administering oaths, implementing Board policies, and supervising units.
- Technical staff (non-clerical) must have relevant bachelor’s degrees.
Jurisdiction, Powers, and Functions
- Board regulates business activities related to importing, exporting, processing, distributing, refining energy resources.
- "Energy resources" broadly defined including petroleum, coal, gas, geothermal, hydroelectric, uranium, solar, tidal, and other non-conventional sources.
- Powers include fixing/regulating prices of petroleum products and piped gas rates; regulating pipeline concessionaires rates; licensing and capacity regulation of refineries.
- Board may adjust prices and manage payments to Oil Price Stabilization Fund during shortages.
Reorganization and Transfer of Powers
- Reconstitutes Board of Energy into Energy Regulatory Board, transferring powers from Board of Energy and other abolished agencies such as Oil Industry Commission and Bureau of Energy Utilization.
- Transfers rate-fixing powers from Land Transportation Commission to the Board regarding hauling and transporting petroleum products.
- Includes transfer of funds, records, equipment, and personnel related to transferred functions.
Rulemaking and Enforcement
- Board empowered to promulgate procedural rules and regulations; rules effective 15 days post-publication.
- Authorized to enforce compliance, impose penalties, and perform necessary acts for its functions.
Procedural Rules and Contempt Powers
- Board's inquiries and hearings governed by its own rules; not bound by technical rules of evidence.
- Authority to summarily punish contempt with fines up to ₱5,000 or imprisonment up to 30 days.
- Assistance of sheriffs and police for enforcement.
- May commission court clerks, judges, or notaries public for taking depositions domestically or abroad.
- May delegate lawyers for hearings and investigations.
Provisional Relief
- Board may grant provisional relief without prior hearing based on verified supporting papers.
- Hearing on provisional relief to be conducted within 30 days after issuance.
Effectivity of Board Decisions
- Decisions or orders on existing services or rates become immediately effective.
- Other decisions take effect as specified or after 30 days post-notice unless otherwise ordered.
Judicial Review
- Parties may file a petition for review to the Supreme Court within specific time frames.
- Supreme Court reviews for lack of evidence, illegality, or lack of jurisdiction.
- Filing for special remedies does not stay Board decisions unless Supreme Court orders.
Employee Benefits and Incentives
- Employees separated due to reorganization entitled to retirement benefits under existing laws or separation pay equivalent to one-month salary per year of service, not exceeding 12 months.
Interagency Coordination
- Board coordinates with Department of Energy, Environment and Natural Resources, NEDA, NEA, and other relevant bodies for policy and program alignment.
Penalties
- Applies penalty provisions from previous laws regarding violation or noncompliance with Board's orders and regulations.
Continuity of Existing Laws
- Existing provisions of related laws remain in effect unless inconsistent with this Executive Order.
Administrative Supervision
- Board is under administrative supervision of the Office of the President.
Separability and Repealing Clauses
- Invalidity of any provision does not affect the rest of the order.
- Repeals inconsistent provisions of earlier Executive Orders and applicable laws.
Effectivity
- Order takes effect immediately upon issuance.