Statutory Construction.
SEC. 75. Statutory Construction. — This Act shall, unless the context indicates otherwise, be construed in favor of the establishment, promotion, preservation of competition and people empowerment so that the widest participation of the people, whether directly or indirectly, is ensured. With respect to NPC's debts and IPP and related contracts, nothing in this Act shall be construed as: (1) an implied waiver of any right, action or claim, against any person or entity, of NPC or the Philippine Government arising from or relating to any such contracts; or (2) a conferment of new or better rights to creditors and IPP contractors in addition to subsisting rights granted by the NPC or the Philippine Government under existing contracts.
Education and Protection of End Users.
SEC. 76. Education and Protection of End Users. — End-users shall be educated about the implementation of retail access and its impact on end-users and on the proper use of electric power. Such education shall include, but not limited to, the existence of competitive electricity suppliers, choice of competitive electricity services, regulated transmission and distribution services, systems reliability, aggregation, market, itemized billing, stranded cost, uniform disclosure requirements, low-income bill payment, energy conservation and safety measures.
The DOE, in coordination with the NPC, NEA, ERC and the Office of the Press Secretary-Philippine Information Agency (OPS-PIA), shall undertake an information campaign to educate the public on the restructuring of the electric power industry and privatization of NPC.
Implementing Rules and Regulations.
SEC. 77. Implementing Rules and Regulations. — The DOE shall, in consultation with relevant government agencies, the electric power industry participants, non-government organizations and end-users, promulgate the Implementing Rules and Regulations (IRR) of this Act within six (6) months from the effectivity of this Act, subject to the approval by the Power Commission.
Injunction and Restraining Order.
SEC. 78. Injunction and Restraining Order. — The implementation of the provisions of this Act shall not be restrained or enjoined except by an order issued by the Supreme Court of the Philippines.
Separability Clause.
SEC. 79. Separability Clause. — If for any reason, any provision of this Act is declared unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.
Applicability and Repealing Clause.
SEC. 80. Applicability and Repealing Clause. — The applicability provisions of Commonwealth Act No. 146, as amended, otherwise known as the "Public Services Act"; Republic Act No. 6395, as amended, revising the charter of NPC; Presidential Decree No. 269, as amended, referred to as the National Electrification Decree; Republic Act No. 7638, otherwise known as the "Department of Energy Act of 1992"; Executive Order No. 172, as amended, creating the ERB; Republic Act No. 7832 otherwise known as the "Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994," shall continue to have full force and effect except insofar as they are inconsistent with this Act.
The provisions with respect to electric power of Section 11(c) of Republic Act No. 7916, as amended, and Section 5(f) of Republic Act No. 7227, are hereby repealed or modified accordingly.
Presidential Decree No. 40 and all laws, decrees, rules and regulations, or portions thereof, inconsistent with this Act are hereby repealed or modified accordingly.
Effectivity Clause.
SEC. 81. Effectivity Clause. — This Act shall take effect on the fifteenth day following its publication in at least two (2) national papers of general circulation.
Approved,
(Sgd.) AQUILINO Q. PIMENTEL JR.
(Sgd.) FELICIANO BELMONTE JR.
President of Senate
Speaker of the House of Representatives
This Act which is a consolidation of House Bill No. 8457 and Senate Bills No. 1712, 1621, 1943, 2000 was finally passed by the House of Representatives and Senate on May 31, 2001 and June 4, 2001, respectively.
(Sgd.) LUTGARDO B. BARBO
(Sgd.) ROBERTO NAZARENO
Secretary of Senate
Secretary General House of Representatives
Approved: Jun 08 2001
(Sgd.) GLORIA MACAPAGAL - ARROYO
President of the Philippines
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
