Department of Energy

NatRes
Reported by:
Mark Howell L. Esguerra
Republic Act 7638 (1992)

 Department of Energy Act of 1992.

 Policy
 to ensure a continuous, adequate, and economic supply of energy with the end
in view of ultimately achieving self-reliance in the country’s energy requirements
through the integrated and intensive exploration, production, management, and
development of the country’s indigenous energy resources, and through the
judicious conservation, renewal and efficient utilization of energy to keep pace
with the country’s growth and economic development and taking into
consideration the active participation of the private sector in the various areas of
energy resource development
 to rationalize, integrate, and coordinate the various programs of the
Government towards self-sufficiency and enhanced productivity in power and
energy without sacrificing ecological concerns
RA 9136 (Electric Power Industry Reform
Act of 2001)
 To ensure and accelerate the total electrification of the country;
 To ensure the quality, reliability, security and affordability of the supply of
electric power;
 To ensure transparent and reasonable prices of electricity in a regime of
free and fair competition and full public accountability to achieve greater
operational and economic efficiency and enhance the competitiveness of
Philippine products in the global market;
 To enhance the inflow of private capital and broaden the ownership base
of the power generation, transmission and distribution sectors in order to
minimize the financial risk exposure of the national government
RA 9136 (Electric Power Industry Reform
Act of 2001)
 To ensure fair and non-discriminatory treatment of public and private sector
entities in the process of restructuring the electric power industry
 To protect the public interest as it is affected by the rates and services of
electric utilities and other providers of electric power
 To assure socially and environmentally compatible energy sources and
infrastructure;
 To promote the utilization of indigenous and new and renewable energy
resources in power generation in order to reduce dependence on
imported energy;
 To provide for an orderly and transparent privatization of the assets and
liabilities of the National Power Corporation (NPC
RA 9136 (Electric Power Industry Reform
Act of 2001)
 To establish a strong and purely independent regulatory body and system
to ensure consumer protection and enhance the competitive operation of
the electricity market; and
 To encourage the efficient use of energy and other modalities of demand
side management.
 Composition
Secretary

Bureaus And
Services Department of
Undersecretary
Department Energy

Assistant
Secretaries
 The Secertary
The Secretary shall be
appointed by the
President, subject to
The Secretary shall be
confirmation by the
an ex officio member of The Secretary shall also
Commission on
the Board of the be a member of the
Appointments. No
National Economic and body authorized to
officer, external auditor,
Development Authority formulate, prescribe, or
accountant, or legal
(NEDA). He shall also be amend the necessary
counsel of any private
a member of the guidelines for the
company or enterprises
NEDA’s Committee on financing, construction,
primarily engaged in
Infrastructure operation, and
the energy industry shall
(INFRACOM) and the maintenance of the
be eligible for
Investment infrastructure projects
appointment as
Coordinating Council by the private sector.
Secretary within two (2)
(ICC).
years from his
retirement, resignation,
or separation therefrom
Functions of the Secretary
 Establish policies and standards for the effective, efficient, and economical
operation of the Department in accordance with the programs of the
Government
 Exercise direct supervision and control over all functions and activities of
the Department, as well as all its officers and personnel
 Devise a program of international information on the geological and
contractual conditions obtaining in the Philippines for oil and gas
exploration in order to advance the industry
 Create regional offices and such other service units and divisions as may be
necessary
 Create regional or separate grids as may be necessary or beneficial
 Perform such other functions as may be necessary or proper to attain the
objectives of this Act.
 • good moral
character
• citizen and resident
of the Philippines
• of proven
competence in any
of the following fields:
Qualifications (a) energy or utility
economics; (b)
public administration;
(c) physical or
engineering
sciences; (d)
management; or (e)
law.
Powers and Functions (Section 37 RA
9136)
 Formulate policies for the planning and implementation of a
comprehensive program for the efficient supply and economical use of
energy consistent with the approved national economic plan and with the
policies on environmental protection and conservation and maintenance
of ecological balance, and provide a mechanism for the integration,
rationalization, and coordination of the various energy programs of the
Government
Powers and Functions (Section 37 RA
9136)
 Develop and update the existing Philippine energy program which shall
provide for an integrated and comprehensive exploration, development,
utilization, distribution and conservation of energy resources, with
preferential bias for environment-friendly, indigenous, and low-cost sources
of energy. The program shall include a policy direction towards the
privatization of government agencies related to energy, deregulation of
the power and energy industry and reduction of dependency on oil-fired
plants. Said program shall be updated within nine (9) months from its
completion and not later than the fifteenth day of September every year
thereafter.
Powers and Functions (Section 37 RA
9136)
 Prepare and update annually a Power Development Program (PDP) and
integrate the same into the Philippine Energy Plan. The PDP shall consider
and integrate the individual or joint development plans of the transmission,
generation, and distribution sectors of the power industry, which are
submitted to the Department: Provided, however, That the ERC shall have
exclusive authority covering the Grid Code and the pertinent rules and
regulations it may issue
 Ensure the reliability, quality and security of supply of electric power
Powers and Functions (Section 37 RA
9136)
 Following the restructuring of the electricity sector, the DOE shall, among others:
(i) Encourage private sector investments in the electricity sector and promote
development of indigenous and renewable energy sources;

(ii) Facilitate and encourage reforms in the structure and operations of distribution utilities
for greater efficiency and lower costs;

(iii) In consultation with other government agencies, promote a system of incentives to

encourage industry participants, including new generating companies and end-users to
provide adequate and reliable electric supply; and

(iv) Undertake, in coordination with the ERC, NPC, NEA and the Philippine Information
Agency (PIA), information campaign to educate the public on the restructuring of the
electricity sector and privatization of NPC assets
Powers and Functions (Section 37 RA
9136)
 Jointly with the electric power industry participants, establish the wholesale
electricity spot market and formulate the detailed rules governing the
operations thereof
 Establish and administer programs for the exploration, transportation,
marketing, distribution, utilization, conservation, stockpiling, and storage of
energy resources of all forms, whether conventional or non-conventional
 Exercise supervision and control over all government activities relative to
energy projects in order to attain the goals embodied in Section 2 of RA
7638
 Develop policies and procedures and, as appropriate, promote a system of
energy development incentives to enable and encourage electric power
industry participants to provide adequate capacity to meet demand
including, among others, reserve requirements
Powers and Functions (Section 37 RA
9136)
 Monitor private sector activities relative to energy projects in order to attain
the goals of the restructuring, privatization, and modernization of the power
sector as provided for under existing laws: Provided, That the Department
shall endeavor to provide for an environment conducive to free and active
private sector participation and investment in all energy activities
 Assess the requirements of, determine priorities for, provide direction to, and
disseminate information resulting from energy research and development
programs for the optimal development of various forms of energy
production and utilization technologies; (l) Formulate and implement
programs, including a system of providing incentives and penalties, for the
judicious and efficient use of energy in all energy-consuming sectors of the
economy
Powers and Functions (Section 37 RA
9136)
 Formulate and implement a program for the accelerated development of
non-conventional energy systems and the promotion and
commercialization of its applications
 Devise ways and means of giving direct benefit to the province, city, or
municipality, especially the community and people affected, and
equitable preferential benefit to the region that hosts the energy resource
and/or the energy-generating facility: Provided, however, That the other
provinces, cities, municipalities, or regions shall not be deprived of their
energy requirements
 Encourage private enterprises engaged in energy projects, including
corporations, cooperatives, and similar collective organizations, to broaden
the base of their ownership and thereby encourage the widest public
ownership of energy-oriented corporations
Powers and Functions (Section 37 RA
9136)
 Formulate such rules and regulations
 Exercise such other powers as may be necessary or incidental to attain the
objectives of this Act
 Bureau and Services (AO 38)

The Electric Power

Industry Administration
Energy Resource and Energy Utilization and
Bureau and the Oil
Development Bureau Management Bureau
Industry Administration
Bureau

Administrative
Energy Policy and Services, Financial
Planning Bureau Services and Legal
Services
 Energy Resource Development Bureau

formulate and implement

policies, programs, and
regulations on the exploration,
undertake product and market
development and production
development of coal and
of energy from indigenous
geothermal resources/industries
petroleum, petrochemical, coal
and geothermal energy
resources
Energy Utilization Management Bureau

formulate and implement

policies, programs, and
undertake plans, programs and
regulations on new energy
strategies to ensure efficient and
technologies, alternative fuels
judicious utilization of
and the efficient, economical
conventional and renewable
transformation, marketing and
energy resources
distribution of conventional and
renewable energy resources
Electric Power Industry Administration
Bureau
 supervise the restructuring of the electric power industry, with a view to
establishing a competitive, market-based environment and encouraging
private-sector participation
 formulate plans and programs hat would ensure adequate, efficient and
reliable supply of electricity
 formulate plans, programs and strategies on rural electrification.
 Oil Industry Administration
Bureau
formulate and implement
policies, programs, and
regulations on the
downstream-oil industry,
including the importation,
monitor developments in the
exportation, stockpiling,
downstream oil industry
storage, shipping,
transportation, refining,
processing, marketing and
distribution of petroleum crude
oils, products and byproducts
Energy Policy and Planning Bureau

 develop, prepare and update an integrated national energy plan and

other support plans for the energy sector
 formulate energy policies, programs and strategies
 undertake comprehensive assessment of the demand scenarios and supply
options
 undertake studies on the impact of energy policies on the economy and
environment
 Administrative Services
• shall formulate and implement policies, programs, and regulations
on human resource, treasure and fund management, and general
Services and Legal
Services, Financial
administrative services

Office of the Legal Counsel

Administrative

• provide legal advice, legal counseling, and legal support to service

contract negotiations and hearings
• . serve as the official legislative liaison office of the Department of
Energy to the Congress of the Philippines
Services

Financial and Management Services

• monitor the utilization of government-administered energy funds
• formulate and implement fiscal policies, programs, and regulations,
including those on indigenous energy resource service contractors
• . provide staff support services pertaining to budget and
accounting.
 • National
Department Electrification
Administration
of Energy • National Transmission
(Attached Corp (formerly NPC)
• Power Sector Asset
Agency) and Liabilities
Management Corp
(PSALM)
National Electrification Administration

 To promote, encourage and assist public service entities and government agencies and
corporations having related functions and purposes, with preference to cooperatives, in
planning, developing, coordinating, establishing, operating, maintaining, repairing and
renovating facilities and systems to supply area coverage service, and for such purpose to
furnish, to the extent possible and without change therefor, technical and professional
assistance and guidance, information, data and the results of any investigation, study, or
receipt conducted or made by the NEA
 To make loans for the purpose of financing the wiring of premises of persons served or to
be served as a result of loans made under sub-paragraph (f) of this Section, and for the
acquisition and installation by such persons of electrically-powered appliances,
equipment, fixtures and machinery of all kinds for residential, recreational, commercial,
agricultural and industrial uses, such loans to be made directly (1) to public service entities
which have received loans under sub-paragraph (f) of this section, which entities shall in
turn relend such funds to persons served or to be served by them, or (2) to any persons
served or to be served by public service entities which have received loans under sub-
paragraph (f) of this section: Provided, That at no time shall the total loans made under this
sub-paragraph (i) to a public service entity and/or to persons served or to be served by
such entity exceed twenty-five (25%) per centum of the outstanding loans to such entity
made under sub-paragraph (f) of this section
National Electrification Administration

 To receive from Cooperatives all articles of incorporation, amendments, consolidation,

merger, conversion and dissolution, and all certificates of changes in the location of
principal offices and of elections to dissolve, and, upon determining that such are in
conformity with this Decree, to certify the same, to file them in the records of the NEA, and
to maintain a registry of such filings the provisions of Act No. 1459, as amended, to the
contrary notwithstanding
 at least annually, not later than June 30th, to report to the President and when the same
comes into existence, the Prime Minister and the National Assembly, on the status of
electrification of the Philippines, including a comprehensive reporting of loans made, loan
funds advanced, loans secured from other sources and the advances thereof, the names
and locations of the borrowers, the number of services contemplated by such loans, the
number actually receiving service as a result of such loans, the number of electrified and
the remaining number of unelectrified households throughout the Nation, the amounts of
usage by consumers, loan and other activities programmed for the ensuing year, and all
such other information and data as will accurately reveal the progress being made
toward the achievement of the purposes of this Decree; and to publish such report for
dissemination to and use by other interested departments, agencies and instrumentalities
of the National Government and by borrowers under this Decree
National Electrification Administration

 To acquire, by purchase or otherwise (including the right of eminent domain, which is

hereby granted to the NEA, to be exercised in the manner provided by law for the
institution and completion of expropriation proceedings by the National and local
governments,) real and physical properties, together with all appurtenant rights,
easements, licenses and privileges, whether or not the same be already devoted to the
public use of generating, transmitting or distributing electric power and energy, upon
NEA's determination that such acquisition is necessary to accomplish the purposes of this
Decree and, if such properties be already devoted to the public use described in the
foregoing, that such use will be better served and accomplished by such acquisition;
Provided, That the power herein granted shall be exercised by the NEA solely as agent for
and on behalf of one or more public service entities which shall timely receive, own and
utilize or replace such properties for the purpose of furnishing adequate and dependable
service on an area coverage basis, which entity or entities shall then be, or in connection
with the acquisition shall become, borrowers from the NEA under sub-paragraph (f) of this
section; and Provided further, That the costs of such acquisition, including the cost of any
eminent domain proceedings, shall be borne, either directly or by reimbursement to the
NEA, whichever the NEA shall elect, by the public service entity or entities on whose behalf
the acquisition is undertaken; and otherwise to acquire, improve, hold, transfer, sell, lease,
rent, mortgage, encumber and otherwise dispose of property incident to, or necessary,
convenient or proper to carry out, the purposes for which NEA was created;
National Transmission Corporation

 Act as the system operator of the nationwide electrical transmission and

subtransmission system, to be transferred to it by NPC
 Improve and expand its transmission facilities, consistent with the Grid Code
and the Transmission Development Plan (TDP) to be promulgated pursuant
to this Act, to adequately serve generation companies, distribution utilities
and suppliers requiring transmission service and/or ancillary services through
the transmission system: Provided, That TRANSCO shall submit any plan for
expansion or improvement of its facilities for approval by the ERC
 Provide open, equal and non-discriminatory access to its transmission
system to all electricity users
National Transmission Corporation

 Ensure and maintain the reliability, adequacy, security, stability and

integrity of the nationwide electrical grid in accordance with the
performance standards for the operation and maintenance of the grid, as
set forth in a Grid Code to be adopted and promulgated by the ERC within
six (6) months from the effectivity of this Act
 Subject to technical constraints, the grid operator of the TRANSCO shall
provide central dispatch of all generation facilities connected, directly or
indirectly, to the transmission system in accordance with the dispatch
schedule submitted by the market operator, taking into account
outstanding bilateral contracts
National Transmission Corporation

 TRANSCO shall undertake the preparation of the TDP. In the preparation of

the TDP, TRANSCO shall consult the other sectors of the power industry such
as the generation companies, distribution utilities, and the electricity end-
users. The TDP shall be submitted to the DOE for integration with the Power
Development Program and the National Energy Plan, provided for in
Republic Act No. 7638 otherwise known as "the Department of Energy Act
of 1992
POWER SECTOR ASSETS AND LIABILITIES
MANAGEMENT
 Formulate and implement a program for the sale and privatization of the
NPC assets and IPP contracts and the liquidation of NPC debts and
stranded contract costs, such liquidation to be completed within the
Corporation's term of existence
 To take title to and possession of, administer and conserve the assets and
IPP contracts transferred to it; to sell or dispose of the same at such price
and under such terms and conditions as it may deem necessary or proper,
subject to applicable laws, rules and regulations
 To calculate the amount of the stranded debts and stranded contract
costs of NPC which shall form the basis for ERC in the determination of the
universal charge
POWER SECTOR ASSETS AND LIABILITIES
MANAGEMENT
 To liquidate the NPC stranded contract costs utilizing proceeds from sales
and other property contributed to it, including the proceeds from the
universal charge
 To adopt rules and regulations as may be necessary or proper for the
orderly conduct of its business or operations
 To appoint or hire, transfer, remove and fix the compensation of its
personnel; Provided, however, That the Corporation shall hire its own
personnel only if absolutely necessary, and as far as practicable, shall avail
itself of the services of personnel detailed from other government agencies
THE Energy Regulatory Board

Jurisdiction
Fix and regulate the rate
schedule or prices of Fix and regulate the rates
piped gas to be charged of pipeline
Fix and regulate the
by duly franchised gas concessionaries under
prices of petroleum
companies which the provisions of Republic
products
distribute gas by means Act No. 387, as
of underground pipe amended
system
THE Energy Regulatory Board

Jurisdiction
Whenever the Board has determined that
there is a shortage of any petroleum
product, or when public interest so requires,
it may take such steps as it may consider
Regulate the capacities of new refineries or
necessary, including the temporary
additional capacities of existing refineries
adjustment of the levels of prices of
and license refineries that may be
petroleum products and the payment to
organized after the issuance of this
the Oil Price Stabilization Fund created
Executive Order, under such terms and
under Presidential Decree No. 1956 by
conditions as are consistent with the
persons or entities engaged in the
national interest
petroleum industry of such amounts as may
be determined by the Board, which will
enable the importer to recover its cost of
importation
Authority to Grant Provisional Relief
(SEC 9 EO 172)
 The Board may, upon the filing of an application, petition or complaint or at
any stage thereafter and without prior hearing, on the basis of supporting
papers duly verified or authenticated, grant provincial relief on motion of a
party in the case or on its own initiative, without prejudice to a final decision
after hearing, should the Board find that the pleadings, together with such
affidavits, documents and other evidence which may be submitted in
support of the motion, substantially support the provisional order: Provided,
That the Board shall immediately schedule and conduct a hearing thereon
within thirty (30) days thereafter, upon publication and notice to all
affected parties.
Effectivity of Board's Decision or Orders
(Sec 9 EO 172)
 All decisions or orders of the Board to continue an existing service or
determining, fixing and prescribing rates to be charged shall be
immediately operative; and all other decisions or orders shall become
effective upon the dates specified thereon: Provided, however, That
decisions, orders, or resolutions in controverted matters and not referring to
the continuance of an existing service or determining, fixing and
prescribing rates to be charged shall take effect thirty (30) days after notice
to the parties, unless otherwise provided by the Board.
Functions and Powers transferred to
ERC from ERB
 Enforce the rules and regulations governing the operations of the electricity
spot market and the activities of the spot market operator and other
participants in the spot market, for the purpose of ensuring a greater supply
and rational pricing of electricity
 Amend or revoke the authority to operate of any person or entity which
fails to comply with the provisions hereof, the IRR or any order or resolution
of the ERC, after due notice and hearing. In the event a divestment is
required, the ERC shall allow the affected party sufficient time to remedy
the infraction or for an orderly disposal, but shall in no case exceed twelve
(12) months from the issuance of the order
 Exercise original and ExclusiveJurisdiction over all cases contesting rates,
fines and penalties imposed by ERC.
Republic Act No. 8180

 AN ACT DEREGULATING THE DOWNSTREAM OIL INDUSTRY, AND FOR OTHER

PURPOSES
 Downstream oil industry shall refer to the business of importing exporting, re-
exporting, shipping, transporting, processing, refining, storing, distribution,
marketing and/or selling, crude oil, gasoline, diesel, liquefied petroleum gas
(LPG), kerosene, and other petroleum and crude oil product
Policy and Coverage

 It shall be the policy of the State to deregulate the downstream oil industry
to foster a truly competitive market which can better achieve the social
policy objectives of fair prices and adequate, continuous supply of
environmentally-clean and high-quality petroleum products
 The shall apply to all persons or entities engaged in any or all the activities
of the domestic downstream oil industry, as well as persons or companies
directly importing refined petroleum products for their own use
DEREGULATING THE DOWNSTREAM OIL
INDUSTRY AND FOR OTHER PURPOSES (RA
8479)
 It shall be the policy of the State to liberalize and deregulate the
downstream oil industry in order to ensure a truly competitive market under
a regime of fair prices, adequate and continuous supply of
environmentally-clean and high-quality petroleum products. To this end,
the State shall promote and encourage the entry of new participants in the
downstream oil industry, and introduce adequate measures to ensure the
attainment of these goals.
Liberalization of the Industry

 any person or entity may import or purchase any quantity of crude oil and
petroleum products from a foreign or domestic source, lease or own and
operate refineries and other downstream oil facilities and market such
crude oil and petroleum products either in a generic name or his or its own
trade name, or use the same for his or its own requirement: Provided, That
any person who shall engage in any such activity shall give prior notice
thereof to the DOE for monitoring purposes: Provided, further, That such
notice shall exempt such person or entity from securing certificates of
quality, health and safety and environmental clearance from the proper
governmental agencies: Provided, furthermore, That such person or entity
shall, for monitoring purposes, report to the DOE his or its every
importation/exportation: Provided, finally, That all oil importations shall be in
accordance with the Basel Convention.
Tariff Treatment

 a single and uniform tariff duty shall be imposed and collected both on
imported crude oil and imported refined petroleum products at the rate of
three percent (3%): Provided, however, That the President of the Philippines
may, in the exercise of his powers, reduce such tariff rate when in his
judgment such reduction is warranted, pursuant to Republic Act No. 1937,
as amended, otherwise known as the Tariff and Customs Code: Provided,
further, That beginning January 1, 2004 or upon implementation of the
Uniform Tariff Program under the World Trade Organization and ASEAN Free
Trade Area commitments, the tariff rate shall be automatically adjusted to
the appropriate level notwithstanding the provisions under this Section
 For as long as the National Power Corporation (NPC) enjoys exemptions
from taxes and duties on petroleum products used for power generation,
the exemption shall apply to purchases through the local refineries and to
the importation of fuel oil and diesel
Promotion of Fair Trade Practices (Sec 7)
 The Department of Trade and Industry (DTI) and DOE shall take all measures to
promote fair trade and prevent cartelization, monopolies, combinations in
restraint of trade, and any unfair competition in the Industry as defined in Article
186 of the Revised Penal Code, and Articles 168 and 169 of Republic Act No.
8293, otherwise known as the "Intellectual Property Law". The DOE shall continue
to encourage certain practices in the industry which continue to encourage
certain practices in the Industry which serve the public interest and are
intended to achieve efficiency and cost reduction, ensure continuous supply of
petroleum products, and enhance environmental protection. These practices
may include borrow-and-loan agreements, rationalized depot and
manufacturing operations, hospitality agreements, joint tanker and pipeline
utilization, and joint actions on spill control and fire prevention
 The DOE shall monitor the relationship between the oil companies (refiners and
importers) and their dealers, haulers and LPG distributors to help ensure the
observance of fair and equitable practices and to ensure the enforcement of
existing contracts: Provided, That the DOE shall conciliate and arbitrate any
dispute that may arise with respect to the contractual relationship between the
oil companies and the dealers, haulers and LPG distributors involving the
dealers' mark-up, the freight rate in transporting petroleum products and the
margins of LPG distributors for the protection of the public and to prevent
ruinous competition: Provided, further, That the arbitration award of the DOE
shall be subject to judicial review under existing law
Anti-Trust Safeguard (Sec 11)

 Cartelization which means any agreement, combination or concerted action

by refiners, importers and/or dealers, or their representatives, to fix prices, restrict
outputs or divide markets, either by products or by areas, or allocate markets,
either by products or by areas, in restraint of trade or free competition, including
any contractual stipulation which prescribes pricing levels and profit margins
 Predatory pricing which means selling or offering to sell any oil product at a
price below the seller's or offeror's average variable cost for the purpose of
destroying competition, eliminating a competitor or discouraging a potential
competitor from entering the market: Provided, however, That pricing below
average variable cost in order to match the lower price of the competitor and
not for the purpose of destroying competition shall not be deemed predatory
pricing. For purposes of this provision, "variable cost" as distinguished from "fixed
cost", refers to costs such as utilities or raw materials, which vary as the output
increases or decreases and "average variable cost" refers to the sum of all
variable costs divided by the number of units of outputs.
Other Prohibited Acts (Sec 12)

 submission of any reportorial requirements

 use of clean and safe (environment and worker-benign) technologies
 any order or instruction of the DOE Secretary issued in the exercise of his
enforcement powers under Section 15 of this Act
 registration of any fuel additive with the DOE prior to its use as an additive.
Remedies (Government Action)

 Government Action. – Whenever it is determined by the Joint Task Force

created under Section 14 (d) of this Act, there is a threatened or imminent or
actual violation of Section 11 of this Act, it shall direct the provincial or city
prosecutors having jurisdiction to institute an action to prevent or restrain such
violation with the Regional Trial Court of the place where the defendants reside
or has his place of business. Pending hearing of the complaint and before final
judgment, the court may at any time issue a temporary restraining order or an
injunction as shall be deemed just within the premises, under the same
conditions and principles as injunctive relief is granted under the Rules of Court
 Whenever it is determined by the Joint Task Force that the Government or any
of its instrumentalities or agencies, including government-owned or –controlled
corporations, shall suffer loss or damage in its business or property by reason of
violation of Section 11 of this Act, such instrumentality, agency or corporation
may file an action to recover damages and the costs of the suit with the
Regional Trial Court which has jurisdiction as provided above
Remedies (Private Complaint)

 Any person or entity shall report any violation of Section 11 of this Act to the
Joint Task Force. The Joint Task Force shall investigate such reports in aid of
which the DOE Secretary may exercise the powers under Section 15 of this
Act. The Joint Task Force shall prepare a report embodying its findings and
recommendations as a result of any such investigation, and the report shall
be made at the discretion of the Joint Task Force. In the event that the
Joint Task Force determines that there has been a violation of Section 11 of
this Act, the private person or entity shall be entitled to sue for and obtain
injunctive relief, as well as damages, in the Regional Trial Court having
jurisdiction over any of the parties, under the same conditions and
principles as injunctive relief is granted under the Rules of Court
Thank you!