Presidential Decree No. 948 (PD 948) — Strengthening and Reconstituting the Power Development Council, Defining Its Relationships with the Energy Development Board and Other Government Agencies, Providing Funds Therefor, and for Other Purposes.
WHEREAS, in the light of the continuing energy crisis, new
thrust in energy resources development, the restructuring of the power
industry, and the recent reorganization in government, it has become
necessary to strengthen and reconstitute the Power Development Council
in order to adapt and make it more responsive to these developments;
WHEREAS, there is an increasing need for multi-sectoral
policy coordination in the power industry, considering its effects on
the development program, the growth of industries, and capital resources
of the economy;
WHEREAS, it has become imperative for the Power Development
Council, as the body which provides policy directions in the
electrification and power development programs of the country, to have
coordinate powers on the development of primary energy sources for
electric power generation;
WHEREAS, to achieve the desire goals of electrification and
power development, the roles and the inter-relationships of the Power
Development Council with other agencies or entities involved in energy
exploration and development should be clearly defined;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me under the
Constitution, do hereby decree and order the following to be part of the
law of the land:
Reconstitution.
SECTION 1. Reconstitution.—The Power Development
Council is hereby reconstituted as follows:
1. Secretary
—Chairman
Department of Public Works, Transportation and
Communications
2. Chairman
—Vice Chairman
Energy Development Board or his duly-designated
representative
3. Deputy Director-General for Planning &
Policy
—Member
National Economic and Development Authority
4. Undersecretary
—Member
Department of Industry
5. Undersecretary
—Member
Department of Finance
6. General Manager
—Member
National Power Corporation
7. Administrator
—Member
National Electrification Administration
The Chairman of the Board of Power and Waterworks is hereby
enjoined to participate in the meetings and deliberations of the Council
and render such necessary assistance in matters involving the
jurisdiction and responsibilities of the Board.
Powers and Functions.
SEC. 2. Powers and Functions.—The Council shall have
the principal responsibility over primary energy sources for generation
of electric power. It shall have the following powers and functions:
To coordinate the activities and operations of all sectors
involved in electrification and power development;
To formulate and approve policies and programs for the power
industry;
To provide the policy framework for allocation of service areas
and the regulation of electric power rates;
To assist agencies involved in power development to avail of
financial and/or technical assistance for the implementation of their
programs;
To monitor and review projects and attendant contracts
and transactions of power agencies with the objectives of analyzing
their resource impact on government finances and foreign ex
change budget, assuring power supply for priority industries
and assuring complementation with the overall development program.
To initiate or undertake such measures as may be necessary for
the efficient and effective functioning or operations of
power agencies; and
To exercise all such other powers and functions as
may be delegated or assigned by the President.
Relationships with Other Agencies.
SEC. 3. Relationships with Other Agencies.—All acts
and decisions of the Council in the exercise of its powers and functions
under this Decree shall be final and conclusive, unless otherwise
specifically directed by the President. The Council shall have
supervisory powers on policy matters over other government agencies
concerned with electric power. It shall coordinate with the proper
agencies with regard to financial matters, infrastructure and other
sectoral requirements of the overall development program.
The
Energy Development Board shall coordinate, review and approve plans and
programs of the Council in accordance with Presidential Decree No. 910.
Officials and Employees of the Council.
SEC. 4. Officials and Employees of the Council.—The
Council shall be assisted by an Executive Secretary appointed by the
Council. Any provision of law to the contrary notwithstanding, the
Council shall appoint the officers and employees of the Council, fix
their compensation, allowances and benefits, their work hours and such
other conditions of employment as it may deem proper, grant them leaves
of absence under such regulations as it may promulgate, discipline
and/or remove them for cause, and establish and maintain a recruitment
and merit system.
Government Assistance.
SEC. 5. Government Assistance.—In the performance
of its functions, the Council is empowered to directly call upon any
government agency, office or instrumentality for such assistance in
personnel or resources, as may be necessary to attain the objectives of
this Decree.
Appropriations.
SEC. 6. Appropriations.—The sum of Five Hundred
Thousand Pesos (P500,000.00) out of any available funds from the
National Treasury is hereby appropriated and authorized to be released
for the organization of the Council and its initial operation during the
period ending December 31, 1976. Henceforth, funds sufficient to fully
carry out the functions and objectives of the Council shall be
appropriated every fiscal year and included as an item in the
appropriations for the Energy Development Board as provided in Section 8
of P.D. No. 910.
Repealing Clause.
SEC. 7. Repealing Clause.—All previous orders
and laws inconsistent with this Decree are hereby repealed or modified
accordingly.
Done in the City of Manila, this 17th day of June, in the year
of Our Lord, Nineteen Hundred and Seventy-Six.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
JACOBO C. CLAVE
Presidential Executive Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).