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Implementing Rules and Regulations (IRR).
SEC. 33. Implementing Rules and Regulations (IRR). — Within six (6) months from the effectivity of this Act, the DOE shall, in consultation with the Senate and House of Representatives Committees on Energy, relevant government agencies and RE stakeholders, promulgate the IRR of this Act.
Congressional Oversight.
SEC. 34. Congressional Oversight. — Upon effectivity of this Act, the Joint Congressional Power Commission created under Section 62 of Republic Act No. 9136. otherwise known as the "Electric Power Industry Reform Act of 2001" shall exercise oversight power over the implementation of this Act.
Prohibited Acts.
SEC. 35. Prohibited Acts. — The following acts shall be prohibited: Noncompliance or violation of the RPS rules; Willful refusal to undertake net metering arrangements with qualified distribution grid users; Falsification or tampering of public documents or officials records to avail of the fiscal and non-fiscal incentives provided under this Act; Failure and willful refusal to issue the single certificate referred to in Section 26 of this Act; and Noncompliance with the established guidelines that the DOE will adopt for the implementation of this Act.
Penalty Clause.
SEC. 36. Penalty Clause. — Any person who willfully commits any of the prohibited acts enumerated under this Act, shall be imposed with the penalties provided herein. Any person, who willfully aids or abets the commission of a crime prohibited herein or who causes the commission of any such act by another, shall be liable in the same manner as the principal. In the case of associations, partnership or corporations, the penalty shall be imposed on the partner, president, chief operating officer, chief executive officer, directors or officers responsible for the violation. The commission of any prohibited acts provided for under Section 35, upon conviction thereof, shall suffer the penalty of imprisonment of one (1) year to five (5) years, or a fine ranging from a minimum of One hundred thousand pesos (P100,000.00) to One hundred million pesos (P100,000,000.00), or twice the amount of damages caused or costs avoided for noncompliance, whichever is higher, or both, upon the discretion of the court. The DOE is further empowered to impose administrative fines and penalties for any violation of the provisions of this Act, its IRR and other issuances relative to this Act. This is without prejudice to the penalties provided for under existing environmental regulations prescribed by the DENR and/or any other concerned government agency.
Appropriations.
SEC. 37. Appropriations. — Such sums as may be necessary for the initial implementation of this Act shall be taken from the current appropriations of the DOE. Thereafter, the fund necessary to carry out the provisions of this Act shall be included in the annual General Appropriations Act.
Separability Clause.
SEC. 38. Separability Clause. — If any provision of this Act is held invalid or unconstitutional, the remainder of the of the Act or the provision not otherwise affected shall remain valid and subsisting.
SEC. 39. Repealing Clause. Any law, presidential decree or issuance, executive order, letter of instruction, administrative rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly. Consistent with the foregoing paragraph and Section 13 of this Act, Section 1 of Presidential Decree No. 1442 or the Geothermal Resources Exploration and Development Act, insofar as the exploration of geothermal resources by the government, and Section 10(1) of Republic Act No. 7156, otherwise known as the "Mini-Hydro Electric Power Incentive Act", insofar as the special privilege tax rate of two percent (2%) are hereby repealed, modified or amended accordingly.
Effectivity Clause.
SEC. 40. Effectivity Clause. — This Act shall take effect fifteen (15) days after its publication in at least two (2) newspaper of general circulation. Approved, (Sgd.) MANNY VILLAR (Sgd.) PROSPERO C. NOGRALES President of Senate Speaker of the House of Representatives This Act which is a consolidation of House Bill No. 2046 and Senate Bill No. 4193 was finally passed by the House of Representatives and Senate on October 8, 2008. (Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP Secretary of Senate Secretary General House of Representatives Approved: DEC 16 2008 (Sgd.) GLORIA MACAPAGAL - ARROYO President of the Philippines
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).