Section 8December 9, 1992, Sec./Art. 8

The Secretary. – The Secretary shall be appointed by the President, subject to confirmation by the Commission on Appointments.

No officer, external auditor, accountant, or legal counsel of any private company or enterprises primarily engaged in the energy industry shall be eligible for appointment as Secretary within two (2) years from his retirement, resignation, or separation therefrom.

The Secretary shall have the following functions:

(a) Establish policies and standards for the effective, efficient, and economical operation of the Department in accordance with the programs of the Government;

(b) Exercise direct supervision and control over all functions and activities of the Department, as well as all its officers and personnel;

(c) 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;

(d) Create regional offices and such other service units and divisions as may be necessary;

(e) Create regional or separate grids as may be necessary or beneficial; and

(f) Perform such other functions as may be necessary or proper to attain the objectives of this Act.

The Secretary shall be an ex officio member of the Board of the National Economic and Development Authority (NEDA). He shall also be a member of the NEDAs Committee on Infrastructure (INFRACOM) and the Investment Coordinating Council (ICC). For this purpose, the provisions of Executive Order No. 292, otherwise known as the Administrative Code of 1987, relative to the creation and organization of the NEDA and its component agencies and offices are hereby modified accordingly.

The Secretary shall also be a member of the body authorized to formulate, prescribe, or amend the necessary guidelines for the financing, construction, operation, and maintenance of the infrastructure projects by the private sector, under Republic Act No. 6957, otherwise known as the Build-Operate-Transfer Law.