regulatory agencies - article xii, section 11 (public utilities)

7/26/2019 Regulatory Agencies - Article XII, Section 11 (Public Utilities)

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Philippine Regulatory Agencies for the Public Utilities Sector

I. Electricity, Gas, Oil

The Energy Regulatory Commission (ERC) is established under Sec. 38 of the Electric Power Industry

Reform Act of 2011 (EPIRA). The Energy Regulatory Commission (ERC) was formerly known as theElectricity Regulatory Board (ERB), the latter being created under E.O. No. 172. The ERC operates

under the following objective and function: to Regulate the electrical energy, petroleum and relatedproducts, renewable energy and other forms of energy.

The issuance of certificates of compliance to interested parties are strictly regulated to make sure that the

standards set forth in the Electric Power Industry Reform Act of 2011 (EPIRA) are followed.

The ERC is also responsible for determining any power abuse or anti-competitive behavior.

II. Water Utilities

Presidential Decree No. 1067, dated December 31, 1976, otherwise known as the National Water Code

of 1976 promulgated by President Ferdinand Marcos, created the National Water Resources Board

(NWRB). The National Water and Resources Board (NWRB) exercises policy-making, regulatory, as

well as quasi-judicial functions over the water sector. It acts in accordance with the principles of the

Integrated Water Resource Management (IWRM), as it ensures the efficiency, conservation, utilization,development and protection of the stateswater supply.

III. Road Utilities and National Highway Sector

The Toll Regulatory Board is the Philippine government agency that regulates all toll roads in the

Philippines.

The TRB was created by virtue of Presidential Decree (P.D.) No. 1112 or the Toll Operation Decree.

It possesses regulatory authority over all toll facilities in the Philippines, and is authorized under itscharter to enter into contracts on behalf of the Republic of the Philippines, with qualified persons, natural

or juridical, for the construction, operation and maintenance of toll facilities.

The TRB exercises jurisdiction over the following toll facilities:

North Luzon Expressway (NLEX);

South Luzon Expressway (SLEX);

Manila-Cavite Expressway (Coastal Road);

South Metro Manila Skyway (Skyway);

Southern Tagalog Arterial Road (STAR Tollway); and

Subic-Clark-Tarlac Expressway (SCTEx).


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Tarlac-Pangasinan-La Union Expressway (TPLEx)

IV. Transportation

A. Land

Land Transportation Franchise Regulatory Boardis an agency of the Philippine government under

the Department of Transportation and Communications created by virtue of Executive Order no. 202,promulgated on 19 June 1987. It is responsible for promulgating, administering, enforcing, and

monitoring compliance of policies, laws, and regulations of public land transportation services.

Empowered to issue, amend, revise, suspend or cancel Certificates of Public Convenience or permits

authorizing the operation of public land transportation services provided by motorized vehicles and to

prescribe the appropriate terms and conditions thereof.

B. Maritime

The Maritime Industry Authority (MARINA) was created on June 1, 1974 with the issuance of

Presidential Decree No. 474 to integrate the development, promotion and regulation of the maritimeindustry in the country. It was originally placed under the Office of the President. With the creation of

the Ministry (now, Department) of Transportation and Communications by virtue of Executive Order

No. 546 was attached to the DOTC for policy and program coordination on July 23, 1979.

The regulatory function of the MARINA was increased with issuance of EO No. 1011 which abolishedthe Board of Transportation and transferred the quasi-judicial functions pertaining to water transportation

to the MARINA.

On January 30, 1987, EO No. 125 (amended by EO 125-A) was issued reorganizing the Department ofTransportation and Communications. The powers and functions of the department and the agencies under

its umbrella were defined which further increased the responsibility of the MARINA to the industry.

MARINA has jurisdiction over the development, promotion and regulation of all enterprises engaged in

the business of designing, constructing, manufacturing, acquiring, operating, supplying, repairing, and/or

maintaining vessels, or component parts thereof, of managing and/or operating shipping lines, shipyards,dry docks, marine railways, marine repair ships, shipping and freight forwarding agencies and similar

enterprises.

C. Aviation

The Civil Aviation Authority of the Philippines (CAAP) is the national aviation authority of thePhilippines and is responsible for implementing policies on civil aviation to assure safe, economic and

efficient air travel. The agency also investigates aviation accidents via its Aircraft Accident Investigation

and Inquiry Board. Formerly Air Transportation Office, it is a government-owned and controlledcorporation attached to the Department of Transportation and Communications for the purpose of policy


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coordination. It is also the agency whicvh certifies and issues licenses for both foreign and local carriers

to operate within the Philippine Territory. On March 4, 2008, the Civil Aviation Authority Act of 2008

was signed into law which replaced the Air Transportation Office with the Civil Aviation Authority, anindependent regulatory body with quasi-judicial and quasi-legislative powers withcorporate attributes

V. Telecommunications, Media, Internet

The Department of Transportation and Communication is the chiefly in charge of activitiespertaining to the three abovementioned utilities.

The National Telecommunications Commission (NTC) is an attached agency of the Office of the

President of the Philippines responsible for the supervision, adjudication and control over all

telecommunications services throughout the country. It was created under Executive Order No. 546

promulgated on July 23, 1979, and conferred with regulatory and quasi-judicial functions, supersedingthe Board of Communications and the Telecommunications Control Bureau, which were abolished in the

same Order. The NTC remains under the administrative supervision of the Department of Transportation

and Communications as an attached agency. However, with respect to its quasi-judicial functions, NTC'sdecisions are appealable only and directly to the Supreme Court of the Philippines.

For media, the Movie and Television Review and Classification Board (MTRCB), functions mainly

to regulate and classify motion pictures, television programs, and publicity materials. Its birth was

brought about by P.D. 1986 (1985). The Optical Media Board (OMB) was created to protect intellectual

property rights in the manufacture and sale of optical media in all forms. Its statutory grant of authority

stems from R.A. No. 9239 or the Optical Media Act of 2003.
https://en.wikipedia.org/wiki/Corporatehttps://en.wikipedia.org/wiki/Corporate

regulatory agencies - article xii, section 11 (public utilities)

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