RA 11234 — Energy Virtual One-Stop Shop Act

Republic Act No. 11234, the Energy Virtual One-Stop Shop Act, establishes a DOE-operated online permitting platform that consolidates and synchronizes all government agency actions on applications for new power generation, transmission, and distribution projects. Signed March 8, 2019; effective 15 days after publication. Ingest status: Complete — all sections ingested (§1–30).

RA 11646 (Microgrid Systems Act, 2022) amended EVOSS by halving all timelines for microgrid system provider (MGSP) applications (§19 of RA 11646). See Digest: RA 11646 — Microgrid Systems Act of 2022 .


Chapter I — General Provisions (§1–4)

Section 2 — Declaration of Policy

PointPolicy
(a)Ensure energy quality, reliability, and security at reasonable cost — supply must meet demand in a timely manner
(b)Recognize the indispensable private sector role; attract new projects through improved ease of doing business; reduce high transaction costs
(c)Ensure transparency and accountability in approving power generation, transmission, and distribution projects
(d)(1)Eliminate duplication, redundancy, and overlapping mandates in documentary submissions through a government-wide online coordination platform
(d)(2)Provide a paperless, electronic, single-gateway system for proponents to access all requirements, submit all documents, and monitor approval status

[RA 11234, Section 2, 2019]

Section 3 — Scope

Applies to all new power generation, transmission, and distribution projects throughout the country, and to all departments, bureaus, offices, agencies, GOCCs, LGUs, and other entities involved in the permitting process [RA 11234, Section 3, 2019].

Section 4 — Key Definitions

TermDefinition
ActionDecision (approval or disapproval only) by a government body on a proponent’s application
EVOSSOnline system for coordinated submission and synchronous processing of all required data; single decision-making portal for permits and certifications for generation, transmission, and distribution projects
Mother agencyDepartment having jurisdiction over bureaus, offices, and GOCCs assigned to it under the Administrative Code of 1987
Permitting processComprehensive procedure from acquisition of operating/service contract through commercial operations, including all documentary requirements and fees — excludes operational phase
Power generation systemGeneration facilities of all types, technology, or resource: conventional, renewable, hybrid, and all storage facilities
ProponentIndividual or juridical entity desiring to engage in power generation, transmission, or distribution through new projects

[RA 11234, Section 4, 2019]


Chapter II — Energy Virtual One-Stop Shop (§5–16)

Section 5 — Creation

EVOSS is established under DOE supervision. DOE shall operate and maintain an effective IT infrastructure, updated regularly [RA 11234, Section 5, 2019].

Section 6 — EVOSS Powers, Functions, and Characteristics

FunctionDetail
Electronic documentsRecognizes legal effect, validity, and enforceability of electronic submissions
Online paymentUnified online payment system for all permitting fees
Proponent portalSingle access point: obtain requirements and fee schedules, submit documents, monitor status, identify responsible individuals, pay fees, file complaints on inaction
Agency interoperabilityUnified permitting process, uniform document templates, compliance with mandated time frames, real-time monitoring, tracking of application location and status
Virtual storage100% virtual, rules-driven, integrated shared service across all permitting agencies

[RA 11234, Section 6, 2019]

Section 7 — EVOSS Steering Committee (2-Year Lifespan)

The EVOSS Steering Committee exists for only two (2) years from effectivity. After dissolution, DOE assumes all its monitoring, assessment, and reporting functions.

Composition:

MemberRole
Office of the PresidentChairperson
DOE SecretaryVice-Chairperson
DA SecretaryMember
DAR SecretaryMember
DENR SecretaryMember
DILG SecretaryMember
DICT SecretaryMember
ERC ChairpersonMember
NCIP ChairpersonMember
NWRB Executive DirectorMember
Market operator (IEMOP)Member
System operator (NGCP)Member
Generation, transmission, distribution + end-user reps (1 each)Non-voting members — nominated by sector, chosen by DOE

Members may designate permanent representatives who must be knowledgeable in their mother agency’s requirements and processes, including attached bureaus at national and local levels [RA 11234, Section 7, 2019].

Section 10 — Secretariat: DOE Investment Promotion Office (IPO)

DOE’s Investment Promotion Office (IPO) serves as Secretariat to the EVOSS Steering Committee and is the implementer of the EVOSS platform. IPO responsibilities [RA 11234, Sections 10, 22, 2019]:

  • Fulfill duties as EVOSS Steering Committee Secretariat
  • Develop and implement the EVOSS per this Act and Steering Committee instructions
  • Prepare bidding documents for EVOSS developer procurement (public bidding under DOE BAC)
  • Act as Procuring Entity for EVOSS
  • Invest in hardware/software to maintain and update the platform

Note: RA 11234 designates the IPO as implementer; EPIMB handles EVOSS endorsements as the operational energy bureau (see Energy Virtual One-Stop Shop (EVOSS) ).

Section 11 — EVOSS Steering Committee Duties

Key timelines for Steering Committee actions [RA 11234, Section 11, 2019]:

ActionDeadline
Create detailed permitting process flows for each project typeWithin 3 months of effectivity
Streamline process flows, unify forms, eliminate redundancies, issue internal ordersWithin 6 months of effectivity
Operationalize EVOSS (online platform live)No later than 1 year from effectivity
Bi-annual monitoring after operationalizationEvery 6 months (DOE assumes this after Steering Committee dissolves)
Annual report to JCECOngoing

Section 13 — Statutory Timelines (Core Provision)

Timelines run from submission of complete documentary requirements. All constitute the total time for the mother agency and all attached bureaus, offices, GOCCs to release action [RA 11234, Section 13, 2019]:

Agency / EntityDays
DOE and all attached bureaus/GOCCs60 calendar days
DA and all attached bureaus/GOCCs60 calendar days
DENR and all attached bureaus/GOCCs (excl. NWRB)120 calendar days
ERC — non-quasi-judicial applications60 calendar days
ERC — quasi-judicial cases270 calendar days from valid application
System operator (NGCP)150 calendar days
NWRB60 calendar days
Market operator (IEMOP)15 calendar days
DAR and all attached bureaus/GOCCs75 calendar days
DOTr and all attached bureaus/GOCCs30 calendar days
DPWH and all attached bureaus/GOCCs30 calendar days
Philippine National Police15 calendar days
Philippine Nuclear Research Institute15 calendar days
All other agencies not expressly listed15 calendar days

Deemed-approval: Failure to release action within the mandated time frame = deemed approval of the application.

Fossil fuel exception (§13 proviso): The deemed-approval rule does NOT apply to DENR and ERC actions on applications for fossil fuel-based technologies (coal, natural gas, oil). RE and other projects remain subject to deemed-approval; fossil fuel projects are not.

RA 11646 §19 halved these timelines for MGSP (microgrid system provider) applications.

Section 14 — LGU Timelines

All LGU actions on applications with complete documentary requirements [RA 11234, Section 14, 2019]:

LGU LevelDays
Barangay15 calendar days
City or Municipality15 calendar days
Province15 calendar days

Deemed approved on failure to act within time. Denial must be in writing with valid grounds; appealable to the next higher LGU or (for HUCs and independent cities) to DILG. Conflicts among LGUs resolved under RA 7160 (Local Government Code).

Section 15 — NCIP / FPIC Timelines

NCIP ActionDays
Certificate of Non-Overlap10 calendar days — deemed approved on failure
Free, Prior, and Informed Consent (FPIC) / Certification Pre-Condition105 calendar days — deemed approved on failure (including failure to issue Resolution of Non-Consent)

NCIP must notify the ICC/IP community at the start of the 105-day FPIC period. Resolution of Non-Consent shall be based solely and exclusively on violation of the right to ownership. FPIC must be accompanied by an understanding on economic terms of any contractual agreement between proponent and ICC/IP. Denial appealable under RA 8371 (Indigenous Peoples Rights Act) §67 [RA 11234, Section 15, 2019].

Section 16 — DOE Delegated Powers

DOE may issue provisional approvals, permits, and certifications for applications before the BOI, DOJ, and DOLE within 15 calendar days from complete documents. Provisional approvals are valid and binding unless revoked by the concerned agency after post-audit finding of noncompliance [RA 11234, Section 16, 2019].


Chapter III — Prohibited Acts and Penalties (§17–21)

Section 17 — Administrative Offenses

Offense
(a) Willful refusal to participate in EVOSS
(b) Willful acts delaying operationalization of EVOSS
(c) Failure to comply with mandated time frames
(d) Tampering with EVOSS or any component thereof

[RA 11234, Section 17, 2019]

Section 19 — Penalties

Offense1st2nd3rd
§17(a) Refusal to participate30-day suspension w/o pay3-month suspension w/o payDismissal + perpetual disqualification
§17(b) Willful delay30-day suspension w/o pay3-month suspension w/o payDismissal + perpetual disqualification
§17(c) Missed time frame30-day suspension w/o pay + Values Orientation Program3-month suspension w/o payDismissal + perpetual disqualification + forfeiture of retirement benefits
§17(d) TamperingImmediate dismissal + perpetual disqualification
§18 Confidentiality breachImmediate dismissal + perpetual disqualification
Market/system operator violations of §17(a)(b)(c)PhP 100,000/day fine (imposed by ERC)

[RA 11234, Section 19, 2019]


Chapter IV — Final Provisions (§22–30)

SectionProvision
§22DOE IPO organizational structure and staffing set by DOE Secretary in consultation with DBM; initial budget from DOE appropriations, then annual GAA
§23Initial appropriation: PhP 100,000,000 from DOE current-year appropriations; thereafter in annual GAA
§24JCPC (now JCEC per RA 11285 §37) exercises oversight over implementation of this Act
§25EVOSS Steering Committee (then DOE after dissolution) submits annual reports on implementation and fund utilization to JCEC
§26JCEC shall conduct systematic evaluation within 5 years of effectivity (or upon Steering Committee recommendation) for purposes of remedial legislation
§27IRR within 60 days of effectivity — DOE in consultation with relevant agencies and industry stakeholders
§30Effectivity 15 days after publication in Official Gazette or newspaper of general circulation

The §24 reference to “JCPC” reflects the law’s 2019 enactment date; RA 11285 (2019) §37 subsequently renamed JCPC to the Joint Congressional Energy Commission (JCEC).


Full text: Cleaned copy