Title
Allocation of Malampaya Funds to Cut Power Rates
Law
Republic Act No. 11371
Decision Date
Aug 8, 2019
The Murang Kuryente Act allocates ₱208 billion from the Malampaya Natural Gas Project's net national government share to reduce electricity rates by covering stranded contract costs and debts, ensuring affordable power for consumers.
A

Key Definitions

  • Joint Congressional Energy Commission (JCEC): A congressional commission established under RA 9136 and amended by RA 11285 overseeing energy matters.
  • Malampaya Fund: Government shares from the Malampaya Natural Gas Project's net production proceeds as per relevant decrees.
  • Malampaya Natural Gas Project: The extraction project under Service Contract 38 offshore Northwest Palawan.
  • Net Government Share: The 60% portion of the government from Malampaya project proceeds after certain deductions.
  • Net National Government Share: Portion of the net government share minus local government shares.
  • Net Production Proceeds: Gross proceeds after deducting Filipino Participation Incentive and operating expenses.
  • Stranded Contract Costs: Amounts where contracted costs under eligible NPC contracts exceed actual selling prices, as approved by the Energy Regulatory Board by end of 2000.
  • Stranded Debts: Unpaid NPC financial obligations not liquidated by asset sales or privatization.
  • Universal Charge: Non-bypassable monthly charges collected from all electricity end-users.

Use of Malampaya Fund

  • Allocation of PHP 208 billion from net national government share for payment of stranded contract costs and stranded debts assumed by PSALM.
  • Includes anticipated shortfalls in liabilities after applying PSALM collections from NPC asset sales, IPP contracts, and operations.
  • Annual allocations must be part of the General Appropriations Act aligned with fiscal programs; procedures are in the implementing rules.
  • Excess funds remain in the Special Account for energy development programs per PD No. 910.
  • Department of Budget and Management ensures timely release of funds to PSALM.
  • If liabilities are fully paid before fund exhaustion, remainder supports energy resource development.
  • Universal charges currently collected may be covered by the Malampaya fund allocation.

Reporting Requirements

  • PSALM must submit annual projected and actual cash flow statements about stranded costs, debts, and payments.
  • Reports go to DOE, ERC, DOF, DBM, and JCEC with specific deadlines (June 30 before and after the year).
  • Regular coordination between PSALM, DOE, DOF, and DBM ensures proper records of fund disbursements.
  • Reports must be publicly accessible via PSALM's website.

Congressional Oversight

  • The Joint Congressional Energy Commission shall oversee the implementation of the Act.

Rules and Regulations

  • DOE and DOF, in coordination with DBM, Bureau of Treasury and PSALM, to promulgate implementing rules within 90 days from effectivity.
  • No new universal charges for stranded costs and debts shall be collected following the implementing rules.

Legal Provisions

  • Separability Clause: Invalidity of any provision does not affect the remainder of the law.
  • Amendatory Clause: Section 8 of PD No. 910 amended regarding use of the Special Account.
  • Repealing Clause: Laws inconsistent with this Act are repealed or modified accordingly.
  • Effectivity: The Act takes effect 15 days following publication in the Official Gazette or a newspaper of general circulation.

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