Disconnection Guidelines for Illegal Electricity Use

The resolution provides guidelines for distribution utilities (DUs) and other energy industry players on how to properly disconnect the electric service of consumers found illegally using electricity.
It implements provisions of Republic Act No. 7832, the Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994.
The guidelines aim to ensure proper procedure and protection of consumer rights before disconnection is effected.

Personal Witness of Illegal Use:
- Discovery of illegal electricity use must be personally witnessed by an officer of the law or an ERC representative.
- Definitions:
  - ERC representative: assigned personnel authorized to inspect meters, electric lines, or facilities.
  - Officer of the law: officials responsible for public order and security, including barangay officials, police officers, municipal officials, and provincial fiscal.
Due Notice to Consumer-Offender:
- A prior notice of disconnection must be served to the consumer found illegally using electricity.
- The consumer is granted one (1) business day upon receipt of the demand letter to settle differential billing as per Section 8, Rule IV of the IRR of RA 7832.
Evidence of Law Enforcement Officer’s Presence:
- The signature of the law enforcement officer on the Metering Facilities Inspection Report (MFIR) alone is insufficient to prove presence at discovery.
- The concerned distribution utility or electric cooperative must submit the duly executed affidavit of the officer of the law.
- The officer must be presented before the ERC for identification and to answer clarificatory questions.
- This requirement applies even to cases under the ERC Rules on Summary Procedure.
When an ERC Representative is the Witness:
- If an ERC representative personally witnesses the discovery and signs the MFIR, no affidavit or personal presentation before the ERC is required.

The procedures ensure the consumer-offender’s right to due process by mandating prior notice and the opportunity to settle charges.
The requirement of witnessing by authorized individuals or representatives guarantees credibility and prevents arbitrary disconnection.

ERC Authorized Representative: Personnel assigned by ERC headquarters to inspect electric meters, lines, or facilities.
Officer of the Law: Persons tasked with maintaining public order and safety such as barangay captains, members of Barangay Community Brigades, police officers, municipal councilors, and fiscals.

Provides clarity and uniformity in implementing RA 7832 concerning disconnection due to illegal electricity use.
Protects the rights of consumers while enabling DUs and the ERC to efficiently address illegal electricity pilferage.
Promotes consumer welfare in line with EPIRA’s directive to modernize and regulate the electric power industry.

Copies of the resolution are to be furnished to all distribution utilities for information and guidance.
Ensures industry-wide compliance and consistent application of the disconnection guidelines.