DC2002-07-04: Rules of Practice and Procedure Before the Department of Energy

Department Circular No. 2002-07-04, signed 31 July 2002 by DOE Secretary Vicente S. Perez, Jr. (Note on the display ID: the raw/source file slug on disk is dc2002-07-004, the pre-2013 3-digit DOE numbering form; the document’s own printed heading reads “DEPARTMENT CIRCULAR NO. 2002-07-04,” which this digest uses as the display ID.) Establishes the general Rules of Practice and Procedure governing “all pleadings, practice and procedure before the Department in all matters concerning inquiry, investigation, hearing, study and/or any other proceedings” the DOE conducts, plus permit/authorization applications [DC2002-07-04, Rule 1 §3, 2002-07].

Legal basis

Issued under RA 7638 (DOE Act of 1992) §5(k), in compliance with Executive Order No. 26 (7 October 1992) and Department Special Order No. 2000-07-016 (13 July 2000) [DC2002-07-04, preamble, 2002-07]. Construction is anchored to the Energy Act , the Public Service Act (C.A. No. 146), the Deregulation Act (Downstream Oil Industry Deregulation Act of 1998), and “EIRA” — this document’s own term for RA 9136 (EPIRA) [DC2002-07-04, Rule 1 §§2, 4, 2002-07]. The Revised Rules of Court apply suppletorily where these Rules are silent and consistent [DC2002-07-04, Rule 1 §5, 2002-07].

Parties and pleadings

Six party categories are defined: any affected person/group generally, plus Applicant, Complainant, Petitioner, Respondent, and Oppositor, each tied to a specific pleading type [DC2002-07-04, Rule 2, 2002-07]. The allowed pleadings are the application, complaint, petition, opposition, answer, and any further pleading the DOE allows [DC2002-07-04, Rule 3 §1, 2002-07]. Filing rules: triplicate, typewritten/printed, legal-size bond paper, English [DC2002-07-04, Rule 3 §2, 2002-07]; answers due within 10 calendar days of the triggering order/complaint/petition [DC2002-07-04, Rule 3 §7, 2002-07]; all pleadings verified and accompanied by supporting documents [DC2002-07-04, Rule 3 §8, 2002-07]. Amendments are a matter of right before a responsive pleading is filed, and by leave thereafter [DC2002-07-04, Rule 3 §13, 2002-07]. Filing fees: PhP10,000 for a complaint, PhP10,000 for an appeal, PhP10.00/page for certified copies, PhP10.00/meter of pipeline for a pipeline construction/operation permit [DC2002-07-04, Rule 3 §15, 2002-07].

Application, complaint, and petition procedure

An application proceeding is commenced by filing; the DOE dockets it and a hearing officer issues notice, identifying affected parties [DC2002-07-04, Rule 6 §1, 2002-07]. The applicant must publish notice once in a newspaper of general circulation at least 10 calendar days before the proceeding date (a regional newspaper suffices for a single-region application) and serve affected parties directly [DC2002-07-04, Rule 6 §2, 2002-07]. An opposition may be filed within 10 calendar days of notice receipt [DC2002-07-04, Rule 7 §1, 2002-07].

A complaint/petition proceeding targets a permit holder or unauthorized operator for a penalty or other public-interest measure for violating the Public Service Act, Energy Act, Deregulation Act, EIRA, or any DOE order/decision/regulation [DC2002-07-04, Rule 8 §1, 2002-07]. The DOE may also act motu proprio — self-initiating an action via an order to show cause when required by law or public/national interest [DC2002-07-04, Rule 9 §1, 2002-07]. A motion to dismiss must be incorporated into the answer and rest on one of three grounds: the facts alleged do not constitute a violation or entitle the complainant to relief; the DOE lacks jurisdiction; or the applicant failed the jurisdictional requirements of an application [DC2002-07-04, Rule 11 §1, 2002-07].

Proceedings before the Department

After answer/opposition, a mandatory pre-hearing conference considers amicable settlement, issue simplification via stipulation, and other speedy-disposition matters; failure to appear can trigger a default order and ex parte evidence [DC2002-07-04, Rule 12 §§1–2, 2002-07]. Proceedings are non-litigious: court technicalities do not strictly apply, and the DOE may use ocular inspection and informed-persons examination to establish facts [DC2002-07-04, Rule 12 §4, 2002-07]. Postponements are capped at two [DC2002-07-04, Rule 12 §5, 2002-07].

Summary Proceedings (Rule 13) are the document’s operative center of gravity: available for non-contested cases (no opposition/answer filed, or one that fails to tender an issue), contested-but-not-substantively-disputed cases (affirmative defenses only), and mandatory for all petroleum-industry permit/authority applications regardless of capacity or classification [DC2002-07-04, Rule 13 §1, 2002-07]. Procedure: parties are summoned to bring documentary evidence, submit and authenticate exhibits in turn (complainant/petitioner/applicant first, then respondent/oppositor), and may be required to submit position papers, memoranda, and even a draft decision [DC2002-07-04, Rule 13 §§2–4, 2002-07].

Hearing officers administer oaths, rule on evidence admissibility, control proceeding order, and limit evidence to relevant matters [DC2002-07-04, Rule 14 §§1, 3, 2002-07]. A case unsuitable for summary proceedings is referred to the Secretary, who sets it for a hearing that must terminate within 60 calendar days of the initial hearing [DC2002-07-04, Rule 14 §2, 2002-07]. Provisional relief (interlocutory orders, provisional operating authority) may be sought by motion at any stage and granted or denied without prejudice to the final decision, or granted by the DOE motu proprio in the public interest [DC2002-07-04, Rule 15, 2002-07].

Decisions, reconsideration, and appeal

Decisions must be Secretary-signed and contain six elements: facts, issues, findings, applicable law/rules, conclusion/reasons, and dispositive portion [DC2002-07-04, Rule 16 §1, 2002-07]. Timing: 10 calendar days after submission for summary-proceeding cases, 30 calendar days for contested/hearing-based cases [DC2002-07-04, Rule 16 §2, 2002-07]. A motion for reconsideration is limited to one per party, must rest on palpable/patent error, must be under oath and filed within 10 calendar days, and interrupts the running of the appeal period [DC2002-07-04, Rule 16 §3, 2002-07].

Appeals go to the Office of the President; interlocutory orders are not appealable [DC2002-07-04, Rule 17 §1, 2002-07]. Perfecting an appeal requires: a notice of appeal filed within 15 calendar days of the decision, a prior motion for reconsideration that was denied, and a PhP10,000 appeal fee [DC2002-07-04, Rule 17 §2(a)–(c), 2002-07]. The appellant’s position paper must cover seven specified items, including exact dates and grounds for appeal [DC2002-07-04, Rule 17 §2(d), 2002-07]. An appeal stays the DOE’s order/decision unless law or the appellate agency directs otherwise [DC2002-07-04, Rule 17 §3, 2002-07]. Absent an appeal, a DOE order becomes executory, and judgment is entered, 15 calendar days after the appeal period expires [DC2002-07-04, Rule 17 §§5–6, 2002-07].

Effectivity

Takes effect 15 days after publication in the Official Gazette or at least two newspapers of general circulation [DC2002-07-04, Rule 18, 2002-07].

Later relevance

This circular remains the DOE’s default adjudicative framework as of at least 2024: the corpus’s existing digest of DC2017-11-0012 and the Philippine Downstream Natural Gas Industry (PDNGI) concept page both record that DC2024-01-0007 removed a Singapore-ICC-arbitration provision (originally set by DC2017-11-0012, Rule 16) for DOE–Operator disputes and “reverted to DOE administrative proceedings under DC2002-07-004” [DC2017-11-0012, Rule 16, 2017 — as cited in wiki/pages/concepts/pdngi.md]. That reference predates this ingest; DC2002-07-04 itself was, until now, uningested in this corpus despite being the framework that citation points to.

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