Article 103p. 103

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

CHAPTER IV Powers and Functions of the

DOE and the DOE Secretary

Section 14. Monitoring. – (a) The DOE shall monitor and

publish daily international crude oil prices, as well as

follow the movements of domestic oil prices. It shall

likewise monitor the quality of petroleum products and

stop the operation of businesses involved in the sale of

petroleum products which do not comply with the

national standards of quality that are aligned with the

national standards/protocols of quality. The Bureau of

Product

Standards

of

the

DTI,

together

with

the

Department

of

Environment and Natural Resources

(DENR),

the

DOE,

the

Department

of Science and

Technology

(DOST),

representatives

of the fuel and

automotive industries and the consumers, shall set the

specifications

for

all

types

of

fuel

and fuel-related

products to improve fuel composition for increased

efficiency and reduced emissions. The BPS shall also

specify the allowable content of additives in all types of

fuels and fuel-related products.

(b)

The

DOE

shall

monitor

the

refining

and

manufacturing processes of local petroleum products to

ensure

that

clean

and

safe

(environment

and

worker-benign) technologies are applied. This shall also

apply to the process of marketing local and imported

petroleum products.

(c)

The DOE shall maintain a periodic schedule of

present and future total industry inventory of petroleum

products for the purpose of determining the level of

supply. To implement this, the importers, refiners, and

marketers are hereby required to submit monthly to the

DOE their actual importations, local purchases, sales

and/or

consumption,

and

inventory

on

a

per

crude/product basis.

(d) Any report from any person of an unreasonable rise in

the prices of petroleum products shall be immediately

acted

upon.

For

this

purpose,

the

creation of the

DOE-DOJ Task Force is hereby mandated to determine

within thirty (30) days the merits of the report and

initiate

the

necessary

actions

warranted under the

circumstance:

Provided,

That

nothing

herein

shall

prevent the said task force from investigating and/or

filing the necessary complaint with the proper court or

agency motu propio.

Upon the effectivity of this Act, the Secretaries of Energy

and Justice shall jointly appoint the members of a

committee who shall be tasked with the drafting of the

rules and guidelines to be adopted by the Task Force in

the performance of its duty. These guidelines shall

ensure the efficiency, promptness, and effectiveness in

the handling of its cases. The Task Force shall be

organized and its members appointed within one (1)

month from the effectivity of this Act.

(e) In times of national emergency, when the public

interest so requires, the DOE may, during the emergency

and under reasonable terms prescribed by it, temporarily

take over or direct the operation of any person or entity

engaged in the Industry.

Section 15. Additional Powers of the DOE Secretary. – In

connection with the enforcement of this Act, the DOE

Secretary shall have the following powers:

(a)

To

gather

and

compile

appropriate

information

concerning, and to investigate from time to time the

organization,

business,

conduct,

practices,

and

management of any person or entity in the Industry;

(b) To require, by general or special orders, persons or

entities engaged in a particular activity of the industry:

(i) to file an annual or special report, or both in such form

as the Secretary may prescribe; or (ii) to answer specific

questions in writing, furnishing to the Secretary such

information as he may require as to the organization,

business, conduct, practices, management, and relation

to other corporations, partnerships, and individuals of

the respective persons or entities filing such reports or

answer. Such reports and/or answer shall be filed with

the Secretary under oath and within such reasonable

time as the Secretary may prescribe;

(c) Upon the direction of the President or either House of

Congress, to investigate and report the facts relating to

any alleged violation of this Act by any person or

corporation;

(d) Upon the application of the Secretary of Justice, to

investigate

and

make

recommendations

for

the

readjustment of the business of any person or entity

alleged to be violating this Act in order that such person

or entity may thereafter maintain his or its organization,

management, and conduct of business in accordance

with law;

(e) To recommend to the proper government agency the

suspension

or

revocation

and

termination

of

the

business permit of an offender;

(f) Concomitant with the policy of ensuring a continuous,

adequate and economic supply of energy to exercise his

powers and functions provided under Section 5 (c) of

Republic Act No. 7638;

(g) To make public from time to time such portions of

the information obtained by him hereunder as are in the

public interest; and to make annual and special reports

to Congress and to submit therewith recommendations

for

additional

legislation;

and

to

provide

for

the

publication of his reports and decisions in such form and

manner as may be best adapted for public information

and use: Provided, That the Secretary shall have any

authority

to

make

public

any

trade

secret

or any

commercial or financial information which is obtained

from

any

person

or

entity

which

is

privileged

or

confidential, except that the Secretary may disclose such

information to officers and employees of appropriate law

enforcement agencies or to any officer or employee of

any

such

law

enforcement

agency

upon the prior

certification by an officer of any such law enforcement

agency that such information will be maintained in

confidence

and

will

be

used

only

for

official

law

enforcement purposes; and

(h) Whenever a final order has been entered against any

defendant in any suit brought by the government to

prevent

and

restrain any violation of the anti-trust

provisions of this Act to make investigation, upon his

initiative, of the manner in which the decree has been or

is being carried out, and upon the application of the

Secretary of Justice, it shall be his duty to make such

investigation.

He shall transmit to the Secretary of

Justice

a

report

embodying

his

findings

and

recommendations as a result of any such investigation,

and the report shall be made public at the discretion of

the Secretary.

➔

See IRR Supplement for Section 15 here

CHAPTER V Transition Phase

Section 16. Phases of Deregulation. – In order to provide a

smooth implementation of deregulation, the policy shift

shall be done in two (2) phases: Phase I (Transition

Phase) and Phase II (Full Deregulation Phase).

Section 17. Buffer Fund. – The President may, when the

interest

of

the

consumers

so

requires,

taking

into

account the rise in the domestic prices of petroleum

products, use the "Reserve Control Account" as a buffer

fund in an amount not exceeding Two billion nine

© 2018 Compiled by RGL

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