Philippine Energy Policy Wiki

DC2021-10-0035 — Impounding and Disposal of Downstream Oil Industry Confiscated Items

Status
operative
Confidence
high
Effective date
2021-11-06
Parent law
ra-7638

Department Circular No. DC2021-10-0035, issued 22 October 2021 by DOE Secretary Alfonso G. Cusi. Revised circular prescribing rules and procedures for proper handling, labeling, recording, storage, and disposal of Confiscated Items seized in DOI enforcement.

Basis and scope

Implements RA 7638 (Department of Energy Act of 1992) DOE supervisory mandate [DC2021-10-0035, Whereas, 2021-10] and BP 33 (as amended by PD 1865) prohibitions and forfeiture provisions for petroleum-related prohibited acts [DC2021-10-0035, Whereas, 2021-10]. Applies to Confiscated Items (petroleum products, paraphernalia, conveyances, equipment) from DOI enforcement [DC2021-10-0035, §1, 2021-10].

Definitions

Defines 12 key terms [DC2021-10-0035, §2, 2021-10]: DOE Disposal Committee, DOI (Downstream Oil Industry importing through selling LPP), Disposal Order, FOs, Confiscated Items, Impounding Facility, Legal Services, LPP (liquid petroleum products including crude, gasoline, diesel, kerosene, LPG, naphtha, solvents, aviation fuels, fuel oils, waxes, petrolatum, asphalt, bitumen, coke, refinery sludges — with ≥50% petro-content per PNS), OIMB, Release Order, Salvage Yard, DOI TWG.

DOI Technical Working Group

DOI TWG constituted of OIMB/FO Director (Chair), OIMB Assistant Director or FO equivalent (Vice/Alternate Chair), OIMB/FO technical personnel, and Legal Services/FO legal personnel [DC2021-10-0035, §3, 2021-10]. Designation per Directors’ assignment order based on case volume/staffing assessment [DC2021-10-0035, §3, 2021-10].

Functions [DC2021-10-0035, §4, 2021-10]: Establish Impounding Facility; facilitate handling/labeling/recording/storage of Confiscated Items; assist DOE Disposal Committee Technical Staff in assessment/appraisal/endorsement; assist Disposal Committee in implementation; perform incidental functions.

Impounding Facility

Minimum requirements [DC2021-10-0035, §5, 2021-10]:

  • DOE-owned or leased (or via government agency agreement)
  • All-weather road accessible for 8-wheel vehicles
  • Salvage-yard compliant per Fire Code of the Philippines implementing rules
  • Preferably ≥2,500 sq.m. with: canopy for weather protection, 220V power + perimeter lighting, emergency firefighting water supply
  • Hauling services for safe Confiscated Items transport
  • 24-hour security (minimum 2-shift, ≥1 personnel per shift)
  • Coordination with local fire station

Handling, storage, labeling, and recording

Confiscated Items shall be stored in officially designated Impounding Facility; other law enforcement/LGU items stored in their own impounding or DOE facility if unavailable [DC2021-10-0035, §6(a), 2021-10]. Items checked for leaks, deterioration, hazardous conditions; hazardous items prioritized for disposal [DC2021-10-0035, §6(b), 2021-10]. Stored continuously until disposal/release completed [DC2021-10-0035, §6(c), 2021-10]. Assigned to designated plot per facility plan, recorded in DOI TWG registry [DC2021-10-0035, §6(d), 2021-10].

Labeling [DC2021-10-0035, §7(a), 2021-10]: Case number/title, respondent name/address, confiscation date, item list/details, identified violations.

Registry recording [DC2021-10-0035, §7(b), 2021-10]: Case number/title, respondent name/address, confiscation date, violations, item details, impounding/disposal/release details (assigned personnel, date/time), remarks.

Regular DOI TWG inspection to monitor item integrity and facility safety [DC2021-10-0035, §7(c), 2021-10].

Legal: In administrative cases, Disposal Order issued by DOE LS Director or FO Director after final Order/Decision or serious health/safety considerations; Release Order on case dismissal or fine payment (for repairable/requalifiable cylinders) [DC2021-10-0035, §8(a), 2021-10]. In criminal cases, Disposal/Release Order per Court or DOJ ruling/decision [DC2021-10-0035, §8(b), 2021-10]. Respondent furnished copy of ruling and Disposal/Release Order [DC2021-10-0035, §8(c), 2021-10]. Order transmitted to DOI TWG; on Disposal Order, TWG initiates assessment for DOE Disposal Committee endorsement [DC2021-10-0035, §8(d), 2021-10]. Except serious health/safety cases, Order must be accompanied by: certified case ruling/decision and (if applicable) official receipts of fine payment [DC2021-10-0035, §8(e), 2021-10].

Technical: DOI TWG and Disposal Committee Technical Staff assess per applicable disposal rules; final report submitted to Disposal Committee [DC2021-10-0035, §9(a)–(b), 2021-10]. Requirements [DC2021-10-0035, §9(c), 2021-10]: LPG cylinders/canisters per PNS requalification/repair/destruction; LPG products per PNS decanting; non-compliant other LPP via DENR-accredited third-party treatment/storage/disposal facility; LPP conveyances/paraphernalia per applicable disposal rules. Serious health/safety cases (per DOI TWG/Technical Staff/Disposal Committee assessment or DOJ/Court order) prioritized for expedited disposal [DC2021-10-0035, §9(c)(v), 2021-10].

Funding and final provisions

Implementation funded by Fund 101 and/or Downstream Oil Deregulation Fund under SAGF 151 [DC2021-10-0035, §10, 2021-10]. Repeals DC2011-08-0008 (Guidelines for Release and Disposal of Confiscated LPG Cylinders); other inconsistent rules amended/superseded [DC2021-10-0035, §12, 2021-10]. Effective 15 days after publication in two newspapers and UPLC-ONAR submission [DC2021-10-0035, §13, 2021-10].

Full text: Cleaned copy