lpg laws and rules

7/27/2019 LPG Laws and Rules

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RULES AND REGULATIONS ON THE IMPLEMENTATION

OFBATAS PAMBANSA BLG. 33, AS AMENDED

BYPRESIDENTIAL DECREE NO. 1865, ISSUED ON MAY 25, 1983

RULE IGENERAL PROVISIONS

SECTION 1. Coverage. These rules and regulations shall apply in the implementation ofBatas

Pambansa Bilang 33, as amended byPresidential Decree No. 1865issued

on May 25, 1983.SEC. 2. Definition of Terms. For the purposes of these rules and regulations:(1) Bureau shall mean theBureau of Energy Utilization.(2) Ministry shall mean theMinistry of Energy.(3) Board shall mean theBoard of Energy.(4) Act shall refer toBatas Pambansa Blg. 33, as amended

byPresidential Decree No. 1865, issued on May 25, 1983.(5) An Oil Company is one that manufactures, processes and sells a

broad range of petroleum products. It shall refer to any of the

following companies and such other companies that may be

organized for this purpose or business:(i) Caltex Philippines, Inc.(ii) Mobil Oil Philippines, Inc.(iii) Petrophil Corporation
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(iv) Pilipinas Shell Petroleum Corporation(6) A Marketer is one that is engaged in the sale or trading of

petroleum products including LPG. A marketer may or may not

manufacture or process the products sold. A marketer isdifferentiated from an oil company in that marketers include

companies dealing in one product only, such as LPG. An oil

company is also a marketer.(7) A Dealer refers to one involved in the sale or trading of petroleum

products under contract with an oil company or marketer. The

dealer shall sell only the products of the marketer.(8) A Retail Outlet refers to one who sells petroleum products directly

to a consumer.(9) A Hauler is one engaged in the transportation of petroleum

products as a business.(10) NSTA shall refer to theNational Science and Technology

Authority.(11) PSA shall refer to the Products Standards Agency.

RULE IIILLEGAL TRADING

Non-compliance with or violation of the following provisions of this rule

shall constitute ILLEGAL TRADING and shall be punishable under

theAct.SECTION 1. Bureau of Energy UtilizationLicensing. No person or entity may produce, sell, transport, process, or manufacture,

blend or package petroleum products for business or profit without prior

registration and license from theBureau of Energy Utilization. The

registration and licensing requirements are/shall be specified

inBEUadministrative rules and regulations in this regard.
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Annual license renewal is required.SEC. 2. Issuance of Receipts.

All transactions involving the sale or transfer of petroleum products to

final consumers or end-users must be covered by an official receipt bearing

the registered name and address of the seller and detailing the quantity,

price and type or petroleum product sold and the date of the transaction.

In the case of the sale of LPG in cylinders, the receipt shall also indicate

the brand of the product, the gross weight of the cylinder including its

contents, the tare weight of the cylinder, excluding the contents, the net

weight of the LPG contained, the total price and the unit price per

cylinder.SEC. 3. Refilling of LPG Cylinders. Refilling of LPG cylinders for purposes of sale or distribution for business

or profit must have prior registration and license from theBureauas

provided for in BEU rules and regulations in this regard. Refilling of LPG

cylinders not owned by the refilling entity may be performed only with the

written authorization of the cylinder owner or the entity that has

entitlement to such cylinders.SEC. 4. Marking of LPG Cylinder. Within ninety (90) days of the effectivity of these Rules and Regulations,

all LPG cylinders must be properly marked with the weight of the cylinder

either engraved or embossed. The weight shall be expressed in kilograms

and shall be indicated to the last one-tenth (0.1) of one kilogram. The

marking must be in a conspicuous spot in the cylinder and shall not be less

than 0.6 cm in height. All LPG cylinders must also have the owners trade

name, a distinguishing color and distinctive serial number marked on

every cylinder.SEC. 5. Unloading of Petroleum Products. Petroleum products may be unloaded only by/or in the presence of the

buyer, or his authorized representative, as named on the sales invoice.
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Moreover, unloading of the product may be performed only at the premises

designated by the buyer and indicated on the sales invoice. For this

purpose, the supplier must indicate on the sales invoice the name of the

buyer and eh delivery point of every shipment.SEC. 6. Calibration and Sealing of Dispensing Pumps.

All fuel pumps used in petroleum retail outlets to dispense petroleum

products sold to the public must be properly calibrated and after

calibration immediately sealed by authorized calibrating entity. A

dispensing pump that is not calibrated or sealed or one that goes off

calibration shall be marked with an out-of-order sign and shall not be

used until the said pump is recalibrated and resealed.The authorized calibrating entities are the Municipal or City Treasurer, orin their absence or incapacity, theNSTAor, in their absence or incapacity,

any other government agency authorized therefor, or in their absence, the

oil company. In locations where the Municipal or City Treasurer is

capable of calibration, a calibration by other authorized entities shall be

provisional and subject to final calibration by the Treasurer. The

authority performing the calibration shall install a seal after calibration to

guard against unauthorized adjustment of the dispensing pump meter

which seal may not be broken until the next calibration by an authorized

entity.The calibration shall be performed as often as may be necessary to correct

any deviation from the appropriate delivered quantity as measured by a

calibration bucket certified and sealed by theNSTA. Such a calibration

bucket shall be maintained at all times in the retail outlet premises.SEC. 7. Calibration, Registration and Sealing of Petroleum Product

Transport Containers. All tank trucks, tank trailers and other mobile containers used totransport measured amounts of petroleum products in bulk must be

registered with theBureau. Moreover, the capacity of such transport

containers must be certified and calibrated by theNational Science and

Technology Authorityor by an other government agency authorized

therefor. Calibration markers shall be fixed and provided with seal by the
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calibrating agency. Removal, tampering or absence of such seals shall

disqualify such containers from further use until recalibration and

resealing by the proper authorities is performed. In the absence or

incapacity of a properly constituted authority to perform this requirement,

calibration and sealing by the oil company shall suffice.

To guard against pilferage in transit, tank trucks, tank trailers and other

mobile containers of petroleum products in bulk shall have all the valves,

hatches, and other openings sealed closed by the marketer before leaving

the source depot. Such seal may not be removed, tampered or broken

except by buyer or his representative, or the supplier, and only at their

respective places of business.A broken or tampered valve or hatch seal, or the absence of one, shall give

rise to the presumption that the container is underfilled or that theproduct contained is adulterated and the shipment may be refused by the

buyer.SEC. 8. LPG Cylinder Sealing. Within one hundred eighty (180) days from the effectivity of these rules

and regulations, all LPG cylinders shall be provided with seal after every

filling. LPG in cylinders with broken seal or without seal shall not be sold

or distributed thereafter.The seal must be of the type that must be broken or destroyed before the

product can flow out of the cylinder. The seal shall be subject to approval

of theBureau.The marketer and the filling plant, if the latter is a different entity, shall

be jointly responsible for providing the seal required under theAct.RULE III

PETROLEUM PRODUCT ADULTERATIONSECTION 1. Petroleum products not meeting the

pertinentPSAspecifications shall be deemed adulterated: Provided, That

in the case of the octane number specifications for gasoline, a deviation of
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one (1) octane or less below the minimum shall be considered as meeting

specifications for the purpose of theAct.Mixing water or other substances not miscible and forming a separate

layer from the petroleum product, in quantities exceeding the PSAallowable water and sediments content, shall constitute adulteration.The sale, distribution, transportation, exchange or barter of adulterated

products as defined in this Section or possession thereof for any of the

above purposes, shall constitute an act of adulteration prohibited and

penalized under the Act.SEC. 2. Sampling and Testing of Petroleum Products by Oil Companies. (a) Oil companies shall take storage tank samples after every shipment

of premium and regular gasoline to their depots/bulk plants and

shall keep such samples except where such storage tank samples

have been tested, and found to meet thePSAspecifications in which

case the results of the test shall be duly recorded and kept in the

depot for at least one year. Each sample shall be clearly identified

as to source tank and date of sampling. The sample shall be kept for

at least three weeks more after the next shipment.(b) Oil companies shall expeditiously respond to dealer request for

confirmatory or verification testing of petroleum products.(c) Oil companies shall also periodically take samples and test premium

and regular gasoline stock of their retail outlets at least once every

three (3) months. The test results shall include octane number and

shall be reported to theBureauon a monthly basis.SEC. 3. Testing or Retention of Sample of Petroleum Products by the

Dealer/Operator. As a measure against delivery of adulterated products, dealers are

required to do either (a) or (b) below:(a) The dealer/operator shall take one (1) liter sample each of the

premium and/or regular gasoline delivered. The samples shall be
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placed in a suitable container and sealed in the presence of the tank

truck driver who shall verify the sample-taking by so indicating on

the invoice. The sample shall be kept by the dealer for at least one

(1) month or until the third delivery thereafter, whichever is shorter.(b) Using a hydrometer, take the API gravity or density and obtain the

corrected API gravity at 60 degrees Fahrenheit or specific gravity at

15 degrees Celsius and compare this against the API gravity at 60

degrees.(c) Fahrenheit or density at 15 degrees Celsius as indicated in the

product invoice. For this purpose, oil companies shall indicated the

API gravity at 60 degrees Fahrenheit or density at 15 degrees

Celsius of all deliveries of premium and regular gasoline the

corresponding invoice. A dealer may refuse to accept the shipment ifthe API gravity difference exceeds by 0.6 degrees API or the density

difference exceeds by 0.0024. Both oil company and dealer specific

gravity or density readings should be recorded in a logbook kept for

this purpose.Dealers may require their oil company supplier to perform verificatory

quality tests on products received.SEC. 4. Sample Taking by theBureau.Bureau inspectors and other law enforcement agents may require oil

companies, marketers, dealers, haulers and retail outlets to provide one

(1) liter sample of petroleum products for sale for laboratory test purposes.SEC. 5. Removal of Water Phase in Underground Tank by

Dealer/Operator of Petroleum Product Retail Outlet. The oil company supplier of dealers and operators of petroleum retail

outlets should ensure that the product suction line of their storage tanks iselevated at least four (4) inches from the bottom of the tank and the

dealers and operators of petroleum retail outlets should periodically

remove the water phase to avoid water draw off with the product.RULE IV
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UNDERDELIVERY AND UNDERFILLINGSECTION 1a. Underdelivery in Dispensing Pumps. The quantity of petroleum products delivered by dispensing pumps in

retail outlets as measured by the dispensing pump meter shall not be less

than actual quantity by more than 50 millimeters for every 10 liters as

measured by a calibrating bucket certified by theNSTA. The calibrating

bucket shall be filled to the 10 liter mark three (3) times as low, medium

and fast flow rates and the average quantity as measured by the pump

meter shall constitute the quantity to be compared with the actual

quantity. Use of such pumps n the sale of petroleum products shall be

punishable under theAct. The absence of an out-of-order sign or padlock

on the pump that is found under-delivering shall constitute a presumptionof actual use of the pump in the sale of the petroleum product. A

dispensing pump found with broken or no seal shall be presumed to be

under delivering and absence of out-of-order notice or padlock shall

likewise give rise to a presumption of actual use of the pump in the sale of

the product.SEC. 1b. Daily Testing of Dispensing Pumps by Dealer.

All retail outlets shall test dispensing pump meters daily before openingfor business using anNSTAcalibrated bucket. Any pump not delivering

the correct quantity shall be marked with an out-of-order sign and shall

not be used until said pump is recalibrated and resealed by a proper

authority.Retail outlets are given thirty (30) days from the date of effectivity of these

Rules to secure anNSTAcertified calibrating bucket and comply with the

requirement of this Section. The oil companies shall be responsible for

informing their respective dealers of the requirements of this Section and

of reporting to the Bureau their dealers compliance.The dealer calibration bucket must be recalibrated and resealed once

every twelve (12) months by theNSTA.
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The dealer shall keep a written record or logbook of the daily testing

required herein shall be made available toBureauinspectors and to the

public upon demand.SEC. 1c. Calibration of Dispensing Pumps by Oil Companies.

Oil companies shall respond expeditiously to their dealers request for

calibration of pumps subject to the provisions of Section 6, Rule 12 hereof.All oil companies shall also periodically calibrate all of the dispensing

pumps of their dealers and check their calibration bucket at least once

every sixty (60) days. The results of these calibrations must be reported to

the Bureau every three (3) months.All calibrations shall be duly documented and signed by the mechanic whoperformed the calibration and check their calibration bucket and

countersigned by the retail outlet dealer. A copy of this document shall be

kept on file at the retail outlet.After the calibration, a sticker of at least one-half (1/2) inch by two (2)

inches bearing the date of the calibration and the initials of the mechanic

who calibrated the pump shall be posted on the face of the pump

calibrated.SEC. 1d. Testing of Dispensing Pumps byBureau Personneland/or by

Other Law Enforcement Agents. The dealer shall allow and cooperate withBureauinspectors and other

law enforcement agents in testing the calibration of dispensing pumps.SEC. 2a. Underfilling of LPG Cylinders. In case of LPG for sale in cylinders, the net LPG quantity contained shall

not be more than three tenths (0.3) of one kilogram less than the requiredcylinder content. Shortage in the quantity contained exceeding this

quantity shall constitute underfilling. A broken or tampered seal, or the

absence of one, shall give rise to the presumption that the LPG cylinder is

underfilled. Possession of underfilled LPG cylinders not properly so
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identified or taken out from the sales area accessible to the public, gives

rise to presumption that they are for sale.LPG cylinders with water capacity of twenty-one (21) liters to twenty-nine

(29) liters shall contain eleven (11) kilograms.

SEC. 2b. Weighing Devices Required. All LPG marketers, dealers and retail outlets selling directly to end-users

shall maintain at all times in their premises a suitable weighing scale for

LPG cylinders calibrated ands sealed by the proper authority. Such

devices shall meet the required contents before selling or delivering these

in its sales area accessible to its customers.SEC. 2c. Checking of LPG Cylinder Content by Dealers and RetailOutlets.

All marketers, dealers and retail outlets selling directly to end-users shall

check by weighing that the LPG in its cylinders meet the required

contents before selling or delivering or placing these in its sales or pick-up

area accessible to its customers.SEC. 2d.Oil companies, marketers and dealers shall periodically sample and check

the LPG sold by their respective dealers and/or retail outlets to verify

compliance with the LPG contents requirement at least once every ninety

(90) days. They shall likewise check whether dealers and/or retail outlets

weighing devices are calibrated and sealed in accordance with Section 2b

above. The results of such test shall be recorded and kept by the oil

company, marketer or dealer for at least one (1) year and shall be made

available to theBureauon demand.RULE V

HOARDING
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SECTION 1. All oil companies and marketers shall be open during

normal business hours herein set to be from eight in the morning (8:00

A.M.) to four-thirty in the afternoon (4:30 P.M.), Monday through Friday.All dealers of gasoline products shall be open daily and during normalbusiness hours herein set to be from seven in the morning (7:00 A.M.) to

seven in the evening (7:00 P.M.). Dealers and retail outlets of liquefied

petroleum gas shall be open during normal business hours set to be from

eight in the morning (8:00 A.M.) to five in the afternoon (5:00 P.M.),

Monday through Friday.Except for good cause, all oil companies, marketers, dealers and retail

outlets may not refuse to sell petroleum products. Refusal to sell when the

product is available and the consumer is paying in cash shall constitute

hoarding except when the available product consists of unusable bottomsusually consisting of the bottom four inches content of the storage tank in

the case of gasoline dealers.SEC. 2. Undue accumulation of petroleum products in times of tight

supply and shortly before an anticipated price increase by marketers,

retail outlets or consumers shall constitute hoarding. Undue

accumulation shall mean quantities beyond the normal inventory levels

maintained during the immediately preceding thirty (30) days for

marketers or retail outlets, and in the case of consumers.RULE VI

OVERPRICINGSECTION 1. Petroleum products whose prices are set by theBoard of

Energymay not be sold above such fixed prices. Sale of petroleum

products at prices in excess of the fixed prices shall constitute overpricing

punishable under the Act.SEC. 2. In outlying areas where no price is published by theBoard of

Energy, the retailer shall not sell at a price not more than the ceiling price

in the nearest locality where aBoard of Energyprice is set. A retailer

may, for reasonable cause, request the Board of Energy to set a different

price for his locality.
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RULE VIIMISUSE OF PETROLEUM ALLOCATION

SECTION 1. In times of short supply of petroleum products, theMinister

of Energyand/or any other authority created for this purpose may, with

the approval of the President of the Philippines allocate or ration the

available supplies. Any consumer or marketer who sells, exchanges,

disposes or uses such allocation or ration other than for the purpose of

which granted by the authority shall be in violation of theAct. Any

misrepresentation for the purpose of gaining subject allocation shall

likewise be a violation of the Act.RULE VIII

SPEED CONTESTS OR RALLIESSECTION 1. Speed contests or rallies involving mainly the use of motor

powered vehicles, watercraft or aircraft may not be held without prior

authorization and permit from theBureau.RULE IX

SKYDIVING AND WATERSKIINGSECTION 1. Skydiving and waterskiing for pleasure or sports requiring

the use of motorized aircraft or watercraft, respectively, shall not be

allowed except when the fuel used in the aircraft or watercraft is

methanol.RULE X

IMPOUNDING OF EVIDENCESECTION 1. Impounding of petroleum and/or petroleum products

constituting evidence of illegal trading, adulteration, short selling,

hoarding, overpricing and misuse of petroleum allocation shall be

applicable in the following cases:
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(1) Adulterated petroleum products in bulk depots, retail outlets, or in

transit.(2) LPG in cylinders found to be underfilled.

(3) Petroleum products held in violation of the Anti-Hoarding

provisions of the Act.(4) Petroleum product allocations obtained or disposed in violation of

the Misuse of Allocation provisions of theAct.(5) Petroleum products sold at a price exceeding the authorized price

including all stocks still in possession of the seller.(6) Petroleum products diverted from buyers designated delivery point.(7) Petroleum products sold without Bureaus license or transported by

haulers without Bureau license.(8) Petroleum products sold without receipts.(9) LPG filled into cylinders by filling plants without license from

theBureauand/or filled in cylinders not owned by the filling plant ormarketer and who do not have written authorization by the owner to

use or fill the cylinder.(10) LPG in cylinders without tare weight, or without seal after the

sealing requirement goes into effect.During the pendency of the criminal or administrative proceedings, the

petroleum products stored in fixed tanks and which constitute evidence

may be impounded in site by the appropriate authorities.RULE IX

ADMINISTRATIVE PROCEEDINGSSECTION 1. Requirement of Notice and Hearing and Waiver Thereof.
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Through the administrative proceedings, theBureauis empowered to

impose, after due notice and hearing, the penalties stated hereunder for

violation of any provision of theActand these implementing rules and

regulations: Provided, however, That hearing in any administrativeproceedings may be waived by respondent.SEC. 2. Duration of Administrative Proceeding.

Administrative proceeding shall be decided within thirty (30) days after

filing of the last responsive pleading by the respondent, or the termination

and completion of the administrative proceedings.SEC. 3. Effect of Imposition of Administrative Sanction. The administrative sanction that may be imposed shall be without

prejudice to the filing of a criminal action as the case may warrant.SEC. 4. Administrative Penalties. Pursuant to the power of theBureauto issue, suspend or revoke licenses,

and in order to protect the public from short selling and adulteration of

petroleum products, the following administrative actions may be taken:(a) Preventive SuspensionDuring the pendency of an administrative

proceeding, theBureaumay suspend the operations of an oil

company, marketer, dealer, hauler, LPG refiller or retail outlet

where any one of the following circumstances are present:(1) Where at least three pumps in a retail outlet are found to be

under delivering by 100 milliliters or greater per 10 liters;(2) Where more than fifty (50) percent of the pumps in an outlet

are under delivering by 100 milliliters or greater per 10 liters;(3) Where the under delivering pump or pumps are without seal

or the seal is broken or tampered;
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(4) Where the product sold is found adulterated by BEU

inspectors, as to the tank and pump involved;(5) Where more than twenty (20) percent of the LPG cylinders

inspected and tested are underfilled;

(6) Where an LPG marketer, refiller, dealer or retail outlet sells

LPG in cylinders without the required seal;(7) Where tank truck, lorry, hauling vehicle and other conveyors

are not calibrated and sealed as required by the Act. (b) The preventive suspension shall not exceed thirty (30) days.

(8) Fine or suspension of not more than Ten Thousand Pesos (P10,000.00); or

(9) Suspension of license; or(10) Revocation of license.

SEC. 5. Bureau Rules of Practices and ProceduresApplicable.

Whenever practicable and convenient, the provisions ofBureau Rules of

Practice and Procedures Governing Hearings Before the Bureau issued on

August 2, 1982, and which took effect on October 18, 1982, shall be

applicable in the administrative proceedings under the Act.RULE XII

REPEALING CLAUSESECTION 1. Any rule or regulation inconsistent with the provisions ofthese Rules is hereby repealed or modified accordingly.

RULE XIIISEPARABILITY


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SECTION 1. If, for any reason or reasons, any part of these Rules be

declared unconstitutional or invalid, no other part of provisions hereof

shall be affected thereby.RULE XIV

EFFECTIVITYSECTION 1. These Rules and Regulations shall take effect fifteen (15)

days from the date of its publication in two (2) newspapers of general

circulation.Makati, Metro Manila, 3 August 1983.

ORLANDO GALANGActing DirectorBureau of Energy Utilization

APPROVED:

GERONIMO Z. VELASCOMinister of Energy

What do you want to do now?


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Batas Pambansa Bilang 33

AN ACTDEFINING AND PENALIZING CERTAIN PROHIBITED ACTSINIMICAL TO THE PUBLIC INTEREST AND NATIONAL

SECURITY INVOLVING PETROLEUM AND/OR PETROLEUM

PRODUCTS, PRESCRIBING PENALTIES THEREFOR AND FOR

OTHER PURPOSESSECTION 1. Declaration of Policy. It is the declared policy of the State

to institutionalize as a national way of life energy conservation geared

towards the judicious and efficient use of energy in order to enhance

availability of energy supplies required to support economic, social and

developmental goals. In view of the continuing uncertainty of theinternational oil supply, it is imperative that measures to conserve

energy be strengthened and/or petroleum products contrary to the intent

and spirit of judicious usage and conservation of energy, which are

inimical to the public interest and national security, be prohibited and

appropriate sanction therefor be imposed.

SEC. 2. Prohibited Acts. The following acts are prohibited and

penalized:(a) Illegal trading in petroleum and/or petroleum products;(b) Hoarding of petroleum and/or petroleum products;(c) Overpricing in the sale of petroleum and/or petroleum products;(d) Misuse of petroleum allocations;(e) Speed contests and rallies involving mainly the use of motor

vehicles, motor-driven watercraft or aircraft utilizing petroleum-

derived fuels, including car and motorcycle rallies and drag racing;

and(f) Sky-diving and water-skiing.


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SEC. 3. Definition of terms. For the purposes of this Act, the following

terms shall be understood to mean:Illegal trading in petroleum and/or petroleum products the sale or

distribution of petroleum products for profit without license or authorityfrom the Government; non-issuance of receipts by licensed traders;

misrepresentation as to quality and/or quantity; and sale by oil companies,

distributors and/or dealers violative of government rules and regulations.

Hoarding the undue accumulation by a trader of petroleum and/or

petroleum products beyond his or its normal inventory levels and/or the

unjustified refusal to dispose of, sell or distribute the same to consumers;

or the unreasonable accumulation by a person other than a trader of

petroleum and/or petroleum products.

Overpricing the sale of petroleum and/or petroleum products at prices

in excess of those duly authorized by the Government.

Misuse of allocation the sale, transfer or diversion of mandated

petroleum fuel allocations by oil companies, distributors, dealers or

consumers contrary to the declared intent of the Government in making

such allocation.

SEC. 4. Penalties.

Any person who commits any act herein prohibitedshall, upon conviction, be punished with a fine of not less than Two

Thousand Pesos (P 2,000) but not more than Ten Thousand Pesos (P

10,000), or imprisonment of at least two (2) months but not more than one

(1) year, or both, in the discretion of the court. Furthermore, the

petroleum and/or petroleum products, subject-matter of the illegal trading,

hoarding, overpricing and misuse, shall be forfeited in favor of the

Government: Provided, That if the petroleum and/or petroleum products

have already been delivered and paid, the payment made shall be the

subject of the forfeiture, and if the seller who has not yet delivered has

been fully paid, the price received shall be returned to the buyer, and inaddition, if the offender is a trader, the cancellation of his license.

Trials of cases arising under this Act shall be terminated within thirty (30)

days after arraignment.


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When the offender is a corporation, partnership, or other juridical person,

the president, general manager, managing partner, or such other officer

charged with the management of the business affairs thereof shall be

criminally liable.

If the offender is a government official or employee, he shall perpetually be

disqualified from office.

SEC. 5. Repealing Clause. All laws, decrees, orders,

instructions, rules and regulations which are inconsistent with, or

contrary to, the provisions of this Act are hereby repealed or modified

accordingly.

SEC. 6. Effectivity. Upon its approval, this Act shall take effect after

five days from its publication in at least two newspapers of generalcirculation.

Approved, June 6, 1979


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Presidential Decree No. 1865

AMENDINGBATAS PAMBANSA BILANG 33, ENTITLED AN ACT

DEFINING AND PENALIZING CERTAIN PROHIBITED ACTSINIMICAL TO THE PUBLIC INTERESTS AND NATIONAL

SECURITY INVOLVING PETROLEUM AND/OR PETROLEUM

PRODUCTS, PRESCRIBING PENALTIES THEREFOR AND FOR

OTHER PURPOSES, BY INCLUDING SHORTSELLING AND

ADULTERATION OF PETROLEUM AND PETROLEUM

PRODUCTS AND OTHER ACTS IN THE DEFINITION OF

PROHIBITED ACTS, INCREASING THE PENALTIES THEREIN,

AND FOR OTHER PURPOSESWHEREAS,Batas Pambansa Bilang 33, defines and penalizes certainprohibited acts inimical to the public interest and national security

involving petroleum and/or petroleum products;WHEREAS, adulteration of finished petroleum products or possession of

adulterated finished petroleum products for the purpose of sale,

distribution, transportation, exchange or barter; and underdelivery or

underfilling beyond authorized limits in the sale of petroleum products or

liquefied petroleum gas cylinders are pernicious practices that are

rampant and widespread;WHEREAS, there is an urgent need to curb, if not totally eliminate, such

nefarious practices in the industry in order to better protect the consuming

public;WHEREAS, it is necessary to provide the implementing government

agencies with increased administrative and criminal penalties with which

it can effectively curtail petroleum product adulteration and shortselling

as well as other prohibited acts and activities involving petroleum and/or

petroleum products which are inimical to public interest and national

security;WHEREAS, in view of the foregoing considerations, it has become

necessary to amend certain provisions ofBatas Pambansa Bilang 33, as

well as to provide new provisions in the law;
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NOW, THEREFORE, I, FERDINAND E. MARCOS, President of

the Philippines, by virtue of the powers vested in me by the Constitution,

do hereby order and decree as follows:SECTION 1. Section two ofBatas Pambansa Bilang 33,as amended, is

further amended to read as follows:SEC. 2. Prohibited Acts. The following acts are prohibited

and penalized:(a) Illegal trading in petroleum and/or petroleum products :(b) Adulteration of finished petroleum products, or possession

of adulterated finished petroleum products for the purpose ofsale, distribution, transportation, exchange or barter;(c) Underdelivery or underfilling beyond authorized limits in

the sale of petroleum products or possession of underfilled

liquefied petroleum gas cylinder for the purpose of sale,

distribution, transportation, exchange or barter;The oil company, petroleum refiller, marketer, dealer and

retailer, as the case may be, and the hauler shall beresponsible for the quantity and quality of the petroleum

products delivered when the same is sold on delivered basis.

For the purpose of this subparagraph, the existence of the

facts hereunder shall give rise to the following presumptions:(1) That cylinders containing less than the required quantity

of liquefied petroleum gas which are not properly identified,

tagged and set apart and removed or taken out from the

display are and made accessible to the public by marketers,dealers, sub-dealers or retail outlets are presumed to be for

sale;(2) In the case of a dispensing pump in a petroleum product

retail outlet selling such products to the public, the absence of
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an out-of-order sign, or padlock, attached or affixed to the

pump to prevent delivery of petroleum products therefrom

shall constitute a presumption of the actual use of the pump in

the sale or delivery of such petroleum products; and(3) Where the seal, whether official or of the oil company,

affixed to the dispensing pump, tank truck or liquefied

petroleum gas cylinder, is broken, or is absent or removed, it

shall give rise to the presumption that the dispensing pump is

underdelivering, or that the liquefied petroleum gas cylinder is

underfilled, or that the tank truck contains adulterated

finished petroleum products or is underfilled;The use of such pumps, cylinders or containers referred to in

sub-paragraph (1), (2), and (3) of this sub-paragraph, to deliverproducts for sale or distribution shall constituteprima

facie evidence of intent of the hauler, marketer, refiller, dealer,

retailer outlet operator to defraud;(d) Hoarding of petroleum and/or petroleum products;(e) Overpricing in the sale of petroleum products;(f) Misuse of petroleum allocations;

(g) Speed contests and rallies involving mainly the use of

motor vehicles, motor-driven watercraft or aircraft utilizing

petroleum-derived fuels, including car and motorcycle rallies

and drag racing, without the permit from the bureau of energy

utilization; and(h) Sky-diving, and water skiing except when methanol is

used for the power- boat operation.SEC. 2. Section three of the sameActis hereby amended to read as

follows:SEC. 3. Definition of Terms. For the purpose of this Act,

the following terms shall be construed to mean:
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Illegal trading in petroleum and/or petroleum products(a) the sale or distribution of petroleum products without

license or authority from theBureau of Energy Utilization;

(b) non-issuance of receipts by licensed oil companies,

marketers, distributors, dealers, sub-dealers and other retail

outlets, to final consumers; provided: that such receipts, in the

case of gas cylinders, shall indicate therein the brand name,

tare weight, gross weight, and the price thereof;(c) Refilling of liquefied petroleum gas cylinders without

authority from saidbureau, or refilling of another companys or

firms cylinders without such companys or firms writtenauthorization;(d) Making or using in such cylinders a tare weight other than

the actual or true tare weight thereof;(e) Violation of rules and regulations of saidbureauregarding

the implementation of this Act;(f) Removal or unloading of petroleum products from anylorry, tank truck or delivery vehicle by any person other than

the contracted purchaser, or in premises of the purchasers

retail outlet or business establishment;(g) Use of a pump metering unit which has not been properly

calibrated and sealed by the office of the city or municipal

treasurer where the station or outlet is located, or by

theNational Science and Technology Authority (NSTA), or by

any other government agency authorized therefor, or in the

absence thereof by the oil company; and(h) Use of a tank truck, lorry, hauling vehicle, or other

conveyor other than vessels or barges for the delivery of

petroleum products which has not been registered with

theBureau of Energy Utilizationand the tanks, containers, or
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compartment thereof are not properly calibrated and sealed by

the national science and technology authority or any other

government agency authorized therefor.Petroleum fuel product adulteration the mixing of anypetroleum product with another finished or unfinished

petroleum product or stock or with any non-petroleum

substance or material that will result in product quality

change, or resulting in the failure of such finished petroleum

product to meet the required product specifications as

prescribed by the products standards agency of theMinistry of

Trade and Industry, for the purpose of this definition, finished

petroleum products refers to any of the following: Premium

gasoline, regular gasoline, aviation gasoline, aviation turbo

fuel, kerosene, diesel fuel, industrial fuel or packaged lubeoils. This definition shall not apply to alcogas mixture and oil

emulsions.Underfilling or underdelivery Refers to a sale, transfer,

delivery or filling of petroleum products of a quantity that is

actually beyond authorized limits than the quantity indicated

or registered on the metering device of container. This refers,

among others, to the quantity of petroleum products delivered

by metered dispensing pumps in petroleum retail outlets or toliquefied petroleum gas in cylinder or to lube oils in packages.Hoarding the undue accumulation of a trader of petroleum

and/or petroleum products beyond his or its normal inventory

levels, and/or unjustified refusal to dispose of, sell or distribute

the same to consumers; or the unreasonable accumulation by a

person other than a trader of petroleum and/or petroleum

products.Overpricing the sale of petroleum and/or petroleumproducts at prices in excess of those duly authorized by

theBoard of Energy.Misuse of allocation the sale, transfer or diversion of

mandated petroleum fuel allocation by oil companies,
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distributors, dealers or consumers contrary to the declared

intent of the Government in making such allocation.SEC. 3. The sameActis further amended by inserting between Sections

three and four thereof, a new Section which shall read as follows:

SEC. 3-A.Rules and Regulations; Administrative Sanctions

for Violation Thereof. TheBureau of Energy Utilizationshall

issue such rules and regulations as are necessary to carry into

effect the provisions of this act, subject to the approval of

theMinister of Energy, after consultation with the affected

industry sectors. Saidrules and regulationsshall take effect

fifteen (15) days from the date of its publication in two (2)

newspapers of general circulation.TheBureau of Energy Utilizationis empowered to impose in

an administrative proceeding, after due notice and hearing,

upon any person who violates any provision of such rules and

regulations, a fine of not more than ten thousand pesos (P

10,000.00) or to suspend or remove the license or permit of a

hauler, marketer, refiller, dealer, sub-dealer or retail

outlet:Provided, That hearing in any administrative

proceedings may be waived by respondent: Provided, further,

that during the pendency of such administrative proceeding,the bureau may suspend the business operations of such

hauler, marketer, refiller, dealer, sub-dealer or retailer or

retail outlet operator when the suspension is consistent with

the public interest. Administrative proceedings shall be

decided within thirty (30) days after filing of the last

responsive pleading by the respondent, or termination and

completion of the administrative proceeding.All law enforcement and other concerned agencies of the

government shall assist theBureau of Energy Utilizationinthe implementation of this section.

The administrative sanction that may be imposed shall be

without prejudice to the filing of a criminal action as the case

may warrant.
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SEC. 4. Section four of the sameActis amended to read as follows:SEC. 4.Penalties. Any person who commits any act herein

prohibited shall, upon conviction, be punished with a fine ofnot less than twenty thousand pesos (P 20,000.00) but not

more than fifty thousand pesos (P 50,000.00), or imprisonment

of at least two (2) years but not more than five (5) years, or

both, in the discretion of the court. In cases of second and

subsequent conviction under this act, the penalty shall be both

fine and imprisonment as provided herein. Furthermore, the

petroleum and/or petroleum products subject matter of the

illegal trading, adulteration, shortselling, hoarding,

overpricing or misuse, shall be forfeited in favor of the

Government: Provided, That if the petroleum and/orpetroleum products have already been delivered and paid for,

the offended party shall be indemnified twice the amount paid

and if the seller who has not yet delivered has been fully paid,

the price received shall be returned to the buyer with an

additional amount equivalent to such price; and in addition, if

the offender is an oil company, marketer, distributor, refiller,

dealer, sub-dealer and other retail outlets, or hauler, the

cancellation of his license.Trials of cases arising under thisActshall be terminated

within the thirty (30) days after arraignment.

When the offender is a corporation, partnership, or other

juridical person, the president, general manager, managing

partner, or such other officer charged with the management of

the business affairs thereof, or employee responsible for the

violation, shall be criminally liable, in case the offender is an

alien, he shall be subject to deportation after serving the

sentence.If the offender is a government official or employee, he shall

be perpetually disqualified from office.
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SEC. 5. All laws, decrees, orders, instructions, rules and regulations

which are inconsistent with, or contrary to, the provisions of this Act are

hereby repealed or modified accordingly.SEC. 6. This decree shall take effect upon its approval.Done in the City of Manila, this 25th day of May in the year of Our Lord,

nineteen hundred and eighty-three.


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Republic of the PhilippinesCongress of the Philippines

Metro Manila

Tenth Congress

Republic Act No. 8479 February 10, 1998

AN ACT DEREGULATING THE DOWNSTREAM OIL INDUSTRY AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congressassembled::

CHAPTER IGENERAL PROVISIONS

Section 1. Short Title. This Act shall be known as the "Downstream Oil Industry Deregulation Actof 1998."

Section 2. Declaration of Policy. It shall be the policy of the State to liberalize and deregulate thedownstream oil industry in order to ensure a truly competitive market under a regime of fair prices,adequate and continuous supply of environmentally-clean and high-quality petroleum products. Tothis end, the State shall promote and encourage the entry of new participants in the downstream oilindustry, and introduce adequate measures to ensure the attainment of these goals.

Section 3. Coverage.This Act shall apply to all persons or entities engaged in any and allactivities of the domestic downstream oil industry, as well as persons or companies directly

importing refined petroleum products for their own use.

Section 4. Defini t ion of Terms. For purposes of this Act, the following terms are hereinbelowdefined:

(a) Basel Convention shall refer to the international accord which governs the trade ormovement of hazardous and toxic wastes across borders;

(b) Boardshall refer to the Energy Regulatory Board;

(c) BOIshall refer to the Board of Investments;

(d) Crude Oilshall refer to oil in its natural state before the same has been refined orotherwise treated, but excluding water, bottoms, sediments and foreign substances;

(e) Dealershall refer to any person, whether natural or juridical, who is engaged I themarketing and direct selling of petroleum products to motorists, end users, and otherconsumers;

(f) DOEshall refer to the Department of Energy;


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(g) DOJshall refer to the Department of Justice;

(h) Downstream Oil Industry(DOI) or Industryshall refer to the business of importing;exporting, re-exporting, shipping, transporting, processing, refining, storing, distributing,marketing and/or selling crude oil, gasoline, diesel, liquefied petroleum gas (LPG), kerosene,and other petroleum products;

(i) Haulershall refer to any person, whether natural or juridical, engaged in the transport,distribution, hauling, and carriage of petroleum products, whether in bulk or packed form,from the oil companies and independent marketers to the petroleum dealers and otherconsumers;

(j) LPG Distributorshall refer to any person or entity, whether natural or juridical, engaged inexporting, refilling, transporting, marketing, and/or selling of LPG to end users and otherconsumers;

(k) New Industry Participants shall refer to new participants in a particular sub-sector of thedownstream oil industry with investments and initial business operations commencing after

January 1, 1994;

(l) Person shall refer to any person, whether natural or juridical, who is engaged in anyactivity of the downstream oil industry;

(m) Petroleum shall refer to the naturally occurring mixture of compounds of hydrogen andcarbon with a small proportion of impurities and shall include any mineral oil, petroleum gas,hydrogen gas, bitumen, asphalt, mineral wax, and all other similar or naturally-associatedsubstances, with the exception of coal, peat, bituminous shale and/or other stratified mineralfuel deposits;

(n) Petroleum Products shall refer to products formed in the case of refining crude petroleum

through distillation, cracking, solvent refining and chemical treatment coming out as primarystocks from the refinery such as, but not limited to: LPG, naphtha, gasolines, solvents,kerosenes, aviation fuels, diesel oils, fuel oils, waxes and petrolatums, asphalt, bitumens,coke and refinery sludges, or other such refinery petroleum fractions which have notundergone any process or treatment as to produce separate chemically-defined compoundsin a pure or commercially pure state and to which various substances may have been addedto render them suitable for particular uses: Provided, That the resultant product contains notless than fifty percent (50%) by weight of such petroleum products;

(o) Singapore Import Parity(SIP) shall refer to the deemed landed cost of a petroleumproduct imported from Singapore at a free-on-board price equal to the average SingaporePosting for that product at the time of loading;

(p) Singapore Postingshall refer to the price of petroleum products periodically posted by oilrefineries in Singapore and reported by independent international publications; and

(q) Wholesale Posted Price (WPP) shall refer to the ceiling price of petroleum products setby the Board based on its duly approved automatic pricing formula.


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CHAPTER IILIBERALIZATION OF THE DOWNSTREAM OIL INDUSTRY AND PROMOTION OF FREE

COMPETITION

Section 5. Liberalizat ion o f the Industry. Any law to the contrary notwithstanding, any person orentity may import or purchase any quantity of crude oil and petroleum products from a foreign or

domestic source, lease or own and operate refineries and other downstream oil facilities and marketsuch crude oil and petroleum products either in a generic name or his or its own trade name, or usethe same for his or its own requirement: Provided,That any person who shall engage in any suchactivity shall give prior notice thereof to the DOE for monitoring purposes: Provided, further, Thatsuch notice shall exempt such person or entity from securing certificates of quality, health and safetyand environmental clearance from the proper governmental agencies: Provided, furthermore, Thatsuch person or entity shall, for monitoring purposes, report to the DOE his or its everyimportation/exportation: Provided, finally, That all oil importations shall be in accordance with theBasel Convention.

Section 6. Tariff Treatment. (a) Any law to the contrary notwithstanding and starting with theeffectivity of this Act, a single and uniform tariff duty shall be imposed and collected both on importedcrude oil and imported refined petroleum products at the rate of three percent (3%): Provided,however, That the President of the Philippines may, in the exercise of his powers, reduce such tariffrate when in his judgment such reduction is warranted, pursuant to Republic Act No. 1937, asamended, otherwise known as the Tariff and Customs Code:Provided, further, That beginningJanuary 1, 2004 or upon implementation of the Uniform Tariff Program under the World TradeOrganization and ASEAN Free Trade Area commitments, the tariff rate shall be automaticallyadjusted to the appropriate level notwithstanding the provisions under this Section.

(b) For as long as the National Power Corporation (NPC) enjoys exemptions from taxes and dutieson petroleum products used for power generation, the exemption shall apply to purchases throughthe local refineries and to the importation of fuel oil and diesel.

Section 7. Promotion o f Fair Trade Practices. The Department of Trade and Industry (DTI) and

DOE shall take all measures to promote fair trade and prevent cartelization, monopolies,combinations in restraint of trade, and any unfair competition in the Industry as defined in Article 186of the Revised Penal Code, and Articles 168 and 169 of Republic Act No. 8293, otherwise known asthe "Intellectual Property Law". The DOE shall continue to encourage certain practices in theindustry which continue to encourage certain practices in the Industry which serve the public interestand are intended to achieve efficiency and cost reduction, ensure continuous supply of petroleumproducts, and enhance environmental protection. These practices may include borrow-and-loanagreements, rationalized depot and manufacturing operations, hospitality agreements, joint tankerand pipeline utilization, and joint actions on spill control and fire prevention.

The DOE shall monitor the relationship between the oil companies (refiners and importers) and theirdealers, haulers and LPG distributors to help ensure the observance of fair and equitable practices

and to ensure the enforcement of existing contracts: Provided, That the DOE shall conciliate andarbitrate any dispute that may arise with respect to the contractual relationship between the oilcompanies and the dealers, haulers and LPG distributors involving the dealers' mark-up, the freightrate in transporting petroleum products and the margins of LPG distributors for the protection of thepublic and to prevent ruinous competition: Provided, further, That the arbitration award of the DOEshall be subject to judicial review under existing law.

Section 8. Program to Encou rage the Entry of New Part ic ipants in the Industry. The DOE,the Department of Foreign Affairs (DFA) and the DTI shall jointly formulate and establish a program


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that will promote the entry of new participants in the Industry. Such program shall, among others,include a strategic international information campaign to be implemented through selectedembassies and consular offices of the Philippines. This program shall commence implementationafter three (3) months from the effectivity of this Act.

In this regard, the DOE shall provide a "Philippine Downstream Oil Industry Investment Guide" to

new industry participants and prospective participants. This guide, shall, among others, contain:

(a) An introduction to the Philippine Downstream Oil Industry and the government'sunwavering commitment to deregulation;

(b) The entry requirements;

(c) Information on the benefits and incentives for new industry participants which shallspecify: (i) all the incentives and benefits they can enjoy, and (ii) the procedural andsubstantive requirements needed for entitlement; and

(d) Such other information the DOE may deem necessary to promote the entry of new

participants.

Section 9. Incentives for New Investments. To the extent applicable, persons with newinvestments as determined by the DOE and registered with the BOI in refining, storage, marketingand distribution of petroleum products, shall be extended the same incentives granted to BOI-registered enterprises engaged in a preferred area of investments pursuant to Executive Order No.226, otherwise known as the "Omnibus Investments Code of 1987".

Such incentives shall include:

(1) Income tax holiday;

(2) Additional deduction for labor expenses;

(3) Minimum tax and duty of three percent (3%) and value-added tax (VAT) on importedcapital equipment;

(4) Tax credit on domestic capital equipment;

(5) Exemption from contractor's tax;

(6) Unrestricted use of consigned equipment;

(7) Exemption from the real property tax on production equipment or machineries;

(8) Exemption from taxes and duties on imported spare parts; and

(9) Such other applicable incentives under Article 39 of Executive Order No. 226.

Any provision of the law to the contrary notwithstanding, the said incentives may be availed bypersons with new investments for a period of five (5) years from registration with the BOI: Provided,however, That in the storage, marketing and distribution of petroleum products, only the investments


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of new industry participants shall be entitled to incentives provided in the said Code. As used herein,"marketing of petroleum products" shall include the establishment of gasoline stations.

For this purpose, the industry shall be included in the annual Investment Priorities Plan(IPP): Provided, That nothing in herein contained shall preclude qualified persons or entities asprovided under the "Omnibus Investments Code" from applying from or continue enjoying incentives

and benefits under the said Code.

Section 10. Promotion of Retai l Competi t ion. To achieve the social and policy objective of fairprices, facilitate the attainment of a truly competitive product market in the retail level, the DOE shallpromote and encourage by way of information dissemination, networking, and management/skillstraining, the active and direct participation of the private sector and cooperatives in the retailing ofpetroleum products through joint venture/supply agreements with new industry participants for theestablishment and operation of gasoline stations: Provided, That the training herein shall includeLPG retailing.

To this end, the DOE shall, in accordance with the Technology and Livelihood Resource Center(TLRC) and Technical Education and Skills Development Authority (TESDA), coordinate with new

industry participants and existing petroleum dealers' associations in the formulation andimplementation of a two-fold program on management and skills training for the establishment,operation, and maintenance of gasoline stations.

Persons who successfully complete the two-fold program shall be entitled to government assistancebeing extended by government lending agencies, in the form of medium- to long-term loans with lowinterest rates and to the gasoline training station training and loan fund provided hereunder, to serveas capital for the establishment and operation of gasoline stations.

For these purposes, there is hereby established a gasoline station and loan fund with the initialamount of Three hundred million pesos (P 300,000,000.00) to be provided by the Philippine

Amusement and Gaming Corporation (PAGCOR) and administered by the DOE under a separateaccount.

Of this amount, two percent (2%) plus any additional funding shall be allocated for he two-foldprogram; one percent (1%) plus any additional funding shall be set aside for administrative,maintenance, and other operating expenses; ninety-four percent (94%) shall be used exclusively forlending and financial assistance; the remaining three percent (3%) shall be utilized in accordancewith the provisions of Section 26 of this Act: Provided, That the loans to be awarded herein shall befrom short- to medium-term with low interest rates; Provided, further, That these loans shall beawarded to qualified persons who are able to comply with the conditions set forth in the next two (2)preceding paragraphs.

CHAPTER IIIANTI-TRUST SAFEGUARDS, OTHER PROHIBITED ACTS AND REMEDIES

Section 11. Ant i-Trus t Safeguards. To ensure fair competition and prevent cartels andmonopolies in the Industry, the following acts are hereby prohibited:

(a) Cartelization which means any agreement, combination or concerted action by refiners,importers and/or dealers, or their representatives, to fix prices, restrict outputs or dividemarkets, either by products or by areas, or allocate markets, either by products or by areas,in restraint of trade or free competition, including any contractual stipulation which prescribespricing levels and profit margins;


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(b) Predatory pricingwhich means selling or offering to sell any oil product at a price belowthe seller's or offeror's average variable cost for the purpose of destroying competition,eliminating a competitor or discouraging a potential competitor from entering themarket: Provided, however, That pricing below average variable cost in order to match thelower price of the competitor and not for the purpose of destroying competition shall not bedeemed predatory pricing. For purposes of this provision, "variable cost" as distinguished

from "fixed cost", refers to costs such as utilities or raw materials, which vary as the outputincreases or decreases and "average variable cost" refers to the sum of all variable costsdivided by the number of units of outputs.

Any person, including but not limited to the chief operating officer, chief executive officer or chieffinance officer of the partnership, corporation or any entity involved, who is found guilty of any of thesaid prohibited acts shall suffer the penalty of three (3) to seven (7) years imprisonment, and a fineranging from One million pesos (P 1,000,0000.00) to Two million pesos (P 2,000,000.00).

Section 12. Other Prohibi ted A cts. To ensure compliance with the provisions of this Act, therefusal to comply with any of the following shall likewise be prohibited:

(a) submission of any reportorial requirements;

(b) use of clean and safe (environment and worker-benign) technologies;

(c) any order or instruction of the DOE Secretary issued in the exercise of his enforcementpowers under Section 15 of this Act; and

(d) registration of any fuel additive with the DOE prior to its use as an additive.

Any person, including but not limited to the chief operating officer or chief executive officer of thepartnership, corporation or any entity involved, who is found guilty of any of the said prohibited actsshall suffer the penalty of imprisonment for two (2) years and a fine ranging from Two hundred fifty

thousand pesos (P 250,000.00) to Five hundred thousand pesos (P 500,000.00).

Section 13. Remedies. (a) Government Action. Whenever it is determined by the Joint TaskForce created under Section 14 (d) of this Act, there is a threatened or imminent or actual violationof Section 11 of this Act, it shall direct the provincial or city prosecutors having jurisdiction to institutean action to prevent or restrain such violation with the Regional Trial Court of the place where thedefendants reside or has his place of business. Pending hearing of the complaint and before final

judgment, the court may at any time issue a temporary restraining order or an injunction as shall bedeemed just within the premises, under the same conditions and principles as injunctive relief isgranted under the Rules of Court.

Whenever it is determined by the Joint Task Force that the Government or any of itsinstrumentalities or agencies, including government-owned orcontrolled corporations, shall suffer

loss or damage in its business or property by reason of violation of Section 11 of this Act, suchinstrumentality, agency or corporation may file an action to recover damages and the costs of thesuit with the Regional Trial Court which has jurisdiction as provided above.

(b) Private Complaint. Any person or entity shall report any violation of Section 11 of this Act to theJoint Task Force. The Joint Task Force shall investigate such reports in aid of which the DOESecretary may exercise the powers under Section 15 of this Act. The Joint Task Force shall preparea report embodying its findings and recommendations as a result of any such investigation, and thereport shall be made at the discretion of the Joint Task Force. In the event that the Joint Task Force


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determines that there has been a violation of Section 11 of this Act, the private person or entity shallbe entitled to sue for and obtain injunctive relief, as well as damages, in the Regional Trial Courthaving jurisdiction over any of the parties, under the same conditions and principles as injunctiverelief is granted under the Rules of Court.

CHAPTER IV

POWERS AND FUNCTIONS OF THE DOE AND DOE SECRETARY

Section 14. Moni tor ing. (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 ofpetroleum products and stop the operation of businesses involved in the sale of petroleum productswhich do not comply with the national standards of quality that are aligned with the nationalstandards/protocols of quality. The Bureau of Product Standards of the DTI, together with theDepartment of Environment and Natural Resources (DENR), the DOE, the Department of Scienceand 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 compositionfor increased efficiency and reduced emissions. The BPS shall also specify the allowable content ofadditives in all types of fuels and fuel-related products.

(b) The DOE shall monitor the refining and manufacturing processes of local petroleum products toensure that clean and safe (environment and worker-benign) technologies are applied. This shallalso 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 ofpetroleum products for the purpose of determining the level of supply. To implement this, theimporters, refiners, and marketers are hereby required to submit monthly to the DOE their actualimportations, local purchases, sales and/or consumption, and inventory on a per crude/productbasis.

(d) Any report from any person of an unreasonable rise in the prices of petroleum products shall beimmediately 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 necessaryactions warranted under the circumstance:Provided, That nothing herein shall prevent the said taskforce 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 themembers of a committee who shall be tasked with the drafting of the rules and guidelines to beadopted by the Task Force in the performance of its duty. These guidelines shall ensure theefficiency, promptness, and effectiveness in the handling of its cases. The Task Force shall beorganized 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 theoperation of any person or entity engaged in the Industry.

Section 15. Add itional Powers of th e DOE Secretary. In connection with the enforcement of thisAct, the DOE Secretary shall have the following powers:

(a) To gather and compile appropriate information concerning, and to investigate from time totime the organization, business, conduct, practices, and management of any person or entityin the Industry;


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(b) To require, by general or special orders, persons or entities engaged in a particularactivity of the industry: (i) to file an annual or special report, or both in such form as theSecretary may prescribe; or (ii) to answer specific questions in writing, furnishing to theSecretary such information as he may require as to the organization, business, conduct,practices, management, and relation to other corporations, partnerships, and individuals ofthe 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 Secretarymay prescribe;

(c) Upon the direction of the President or either House of Congress, to investigate and reportthe 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 makerecommendations for the readjustment of the business of any person or entity alleged to beviolating this Act in order that such person or entity may thereafter maintain his or itsorganization, 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 ofenergy 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 himhereunder as are in the public interest; and to make annual and special reports to Congressand to submit therewith recommendations for additional legislation; and to provide for thepublication of his reports and decisions in such form and manner as may be best adapted forpublic information and use: Provided, That the Secretary shall have any authority to makepublic any trade secret or any commercial or financial information which is obtained from anyperson 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 toany officer or employee of any such law enforcement agency upon the prior certification byan officer of any such law enforcement agency that such information will be maintained inconfidence 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 bythe government to prevent and restrain any violation of the anti-trust provisions of this Act tomake investigation, upon his initiative, of the manner in which the decree has been or isbeing carried out, and upon the application of the Secretary of Justice, it shall be his duty tomake such investigation. He shall transmit to the Secretary of Justice a report embodying hisfindings and recommendations as a result of any such investigation, and the report shall bemade public at the discretion of the Secretary.

CHAPTER VTRANSITION PHASE

Section 16. Phases of Deregulation. In order to provide a smooth implementation ofderegulation, the policy shift shall be done in two (2) phases: Phase I (Transition Phase) and PhaseII (Full Deregulation Phase).


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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 hundred million pesos (P2,900,000,000.00) to cover increases in the prices of petroleum products, except premium gasoline,during the Transition Phase over the prices prevailing as of the date of the effectivity of this Act. The"Reserve Control Account" refers to a lump sum collation of reserve impositions deducted from the

appropriations approved by Congress for the operation of the government and the implementation ofprojects and programs.

Section 18. Autom atic Oi l Pric ing Mechanism. To enable the domestic price of petroleumproducts to approximate and promptly reflect the prices of oil in the international market, anautomatic pricing mechanism shall be established. To this end, the following laws are herebyamended:

(a) Paragraph (a), Section 8 of Republic Act No. 6173, as amended by Section 3 ofExecutive Order No. 172, to read as follows:

"SEC. 8. Powers of the Board Upon Notice and Hearing. The Board shall have the

power:

"(a) To set the wholesale posted price of petroleum products during the TransitionPhase.

"For this purpose and for the protection of the public interest, the Board shall, afterdue notice and hearing, at which any consumer of petroleum products and otherparties who may be affected may appear and be heard, and within one (1) monthafter the effectivity of this Act, approve a market-oriented formula to determine theWPP of petroleum products based solely on the changes of either the SingaporePosting of refined petroleum products, the SIP or the crude landed cost.

"Thereafter, the Board shall at the proper times automatically adjust the WPP ofpetroleum products based on the approved formula, through appropriate orders,without the need for notice and hearing.

"The Board shall, on the dates of effectivity of the automatic oil pricing formula, theinitial WPP or the adjusted WPP, publish the same, together with the correspondingcomputation in two (2) national newspapers of general circulation."

(b) Paragraph 1 of Letter of Instruction No. 1441, to read as follows:

"1. To review and reset the prices of domestic petroleum products up or down asnecessary on or before the third Monday of each month to reflect the new WPP ofrefined petroleum products based on the approved automatic pricing formula."

(c) Paragraph 2 of Letter of Instruction No. 1441 is hereby deleted. In lieu thereof a newparagraph is inserted to read as follows:

"2. The price adjustment shall be reflected automatically in the approved WPP ofeach petroleum product."


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(d) The provisions of Section 3 (a) and (c) and Section 5 of Executive Order No. 172 to thecontrary notwithstanding, the Board shall, during the Transition Phase, maintain the currentmargin of dealers and rates charged by water transport operators, haulers and pipelineconcessionaires. Depending on the basis of the APM, the Board shall, within one (1) monthafter the effectivity of this Act and after proper notice and full public hearing, prescribe aformula which will automatically set the margins of marketers and dealers, and the rates

charged by water transport operators, haulers and pipeline concessionaires: Provided, Thatsuch formula shall take effect simultaneously with the effectivity of the automatic oil pricingformula. Thereafter, the Board shall set the said margins and rates based on the approvedformula without the necessity for public notice and hearing.

The Board shall, on the day of the effectivity of the aforesaid formula, publish in at least two(2) newspapers of general circulation the mechanics of the formula for the information of thepublic.

CHAPTER VIFULL DEREGULATION PHASE

Section 19. Start of Ful l Deregulation.

Full deregulation of the Industry shall start five (5) monthsfollowing the effectivity of this Act: Provided, however, That when the public interest so requires, thePresident may accelerate the start of full deregulation upon the recommendation of the DOE and theDepartment of Finance when the prices of crude oil and petroleum products in the world market aredeclining and the value of the peso in relation to the US dollar is stable, taking into account therelevant trends and prospects: Provided, further, That the foregoing provisions notwithstanding, thefive (5)-month Transition Phase shall continue to apply to LPG, regular gasoline, and kerosene associally-sensitive petroleum products and said petroleum products shall be covered by the automaticpricing mechanism during the said period.

Upon the implementation of full deregulation as provided herein, the Transition Phase is deemedterminated and the following laws are repealed:

(a) Republic Act No. 6173, as amended;

(b) Section 5 of Executive Order No. 172, as amended;

(c) Letter of Instruction No. 1431, dated October 15, 1984;

(d) Letter of Instruction No. 1441, dated November 15, 1984;

(e) Letter of Instruction No. 1460, dated May 9, 1985;

(f) Presidential Decree No. 1889; and

(g) Presidential Decree No. 1956, as amended by Executive Order No. 137:

Provided, however, That in case full deregulation is started by the President in exercise of theauthority provided in this Section, the foregoing laws shall continue to be in force and effect withrespect to LPG, regular gasoline and kerosene for the rest of the five (5)-month period.

Section 20. Jurisdict ion o n Pric ing of Piped Gas. Section 3 of Executive Order No. 172, ishereby amended to read as follows:


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"SEC. 3. Jurisdiction, Powers and Functions of the Board. The Board shall, upon propernotice and hearing, fix and regulate the rate of schedule or prices of piped gas to be chargedby duly franchised gas companies which distribute gas by means of underground pipesystem."

CHAPTER VII

FINAL PROVISIONS

Section 21. OPSF Balance. All outstanding claims against OPSF as of the effectivity of this Act,subject to the existing auditing rules and regulations of the Commission on Audit (COA), shall beconsidered as accounts payable of the National Government. For this purpose, and any law to thecontrary notwithstanding, the reimbursement certificates issued by the DOE covering the saidoutstanding claims shall be honored and accepted by the Bureau of Customs and the Bureau ofInternal Revenue as payment to the extent of ten percent (10%) per payment of the tariff duties andspecific taxes from the creditor-claimants against the OPSF until such claims are settled infull: Provided, That the reimbursement certificates shall not be transferable.

Section 22. Ini t ial Public Offerin g. In compliance with the constitutional mandate to encourage

private enterprises to broaden their base of ownership and in recognition of the vital role of oil in thenational economy, any person or entity engaged in the oil refinery business shall make a publicoffering through the stock exchange of at least ten percent (10%) of its common stock within aperiod of three (3) years from the effectivity of this Act or the commencement of its refineryoperations: Provided, That no single person or entity shall be allowed to own more than five percent(5%) of the stock offering: Provided, further, That any crude oil refining company and anystockholder thereof shall not acquire, directly or indirectly, any share of stock offered by any othercrude oil refining company pursuant to his Section: Provided, finally, That any such company whichmade the requisite public offering before the effectivity of this Act shall be exempted from therequirement.

Section 23. Implementing Rules and Regulat ions. The DOE, in coordination with the Board, theDENR, DFA, Department of Labor and Employment (DOLE), Department of Health (DOH), DOF,

DTI, National Economic and Development Authority (NEDA) and TLRC, shall formulate and issuethe necessary implementing rules and regulations within sixty (60) days after the effectivity of this

Act.

Section 24. Penal Sanctio n. Any person who violates any of the provisions of this Act shall sufferthe penalty of three (3) months to one (1) year imprisonment and a fine ranging from Fifty thousandpesos (P 50,000.00) to Three hundred thousand pesos (P 300,000.00).

Section 25. Publ ic Information Campaign. The DOE, in coordination with the Board and thePhilippine Information Agency (PIA), shall undertake an information campaign to educate the publicon the deregulation program of the Industry.

Section 26. Budg

lpg laws and rules

Documents