Creation of Energy Regulatory Board

ERB to appoint an adequate professional staff including an Executive Director
Executive Director must be a Philippine Bar member with minimum 5 years legal practice or equivalent experience
Executive Director serves as official recorder, custodian of records, enforcer of Board policies, and supervises operations
Technical staff (non-clerical) must hold relevant bachelor’s degrees

May regulate importation, exportation, refining, marketing, and distribution of energy resources when necessary for public interest
Energy resources broadly defined to include petroleum, coal, gas, geothermal, hydroelectric, nuclear, solar, tidal, and other non-conventional sources
Powers include fixing and regulating petroleum product prices, piped gas rates, pipeline concessionaire tariffs
License and regulate refinery capacities
Authority to act on petroleum product shortages including price adjustments and funds management to stabilize prices

Reconstitutes Board of Energy as ERB, absorbing functions under RA 6173 and related decrees
Transfers regulatory powers from Bureau of Energy Utilization and Land Transportation Commission relating to petroleum hauling and shipping rates
Transfers applicable funds, appropriations, records, equipment, property, and personnel necessary for functions

ERB empowered to promulgate procedural rules for hearings and enforce compliance
Rules take effect 15 days after Official Gazette publication
May undertake any acts necessary to fulfill its mandate

Conducts inquiries, hearings, investigations under rules adopted by the Board
Not bound by technical rules of evidence but may punish contempt with fines or imprisonment
May compel witness testimonies including depositions in or outside the Philippines via commissioned court officials or notaries
Authorized legal personnel may conduct investigations and submit evidence to the Board

Board may grant provisional relief without prior hearing based on verified supporting documents
Hearing on provisional relief must be scheduled within 30 days with publication and notice

Orders fixing or continuing services and rates are immediately effective
Other decisions effective as specified or after 30 days unless otherwise directed
Parties adversely affected may file petitions for review with the Supreme Court within specified periods
Supreme Court review may modify or set aside Board decisions for lack of evidence, illegality, or lack of jurisdiction
Petition for certiorari may also be filed, but does not automatically stay Board orders unless Supreme Court orders otherwise

Employees affected by Board reorganization entitled to retirement benefits or separation pay equivalent to one month’s salary per year of service, capped at 12 months

ERB shall coordinate with Department of Energy, DENR, NEDA, National Electrification Administration, and other relevant agencies to align policies and programs

Previous penalties under RA 6173, PD 1206, and Commonwealth Act 146 for violation of licenses, orders, or regulations now apply to the ERB

Existing energy-related laws (e.g., Oil Industry Commission Act, National Power Corporation law, Department of Energy decree) remain effective except when inconsistent with this order

Invalidity of any provision or its application does not affect the remainder of the order or its application to other persons or circumstances

Repeals inconsistent provisions of Executive Order No. 131 and other conflicting laws, decrees, orders, or rules