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Republic of the Philippines
DEPARTMENT OF ENERGY
(Kagawaran ng Enerhiya)

DEPARTMENT CIRCULAR NO. _DC2023-12-0032 ,

THE RULES AND REGULATIONS ON ADMINISTRATIVE ACTIONS
FOR VIOLATIONS OF THE RENEWABLE PORTFOLIO STANDARDS (RPS)
RULES

Pursuant to Section 36 of Republic Act (RA) No. 9513, Department of Energy (DOE)
Department Circular (DC) No. DC2017-12-0015 dated 22 December 2017, DC No.
DC2023-05-0015 and DC No. DC2023-05-0014 both dated 23 May 2023 (the DCs are
hereinafter collectively referred to as the “RPS Rules’), the following rules and
regulations on administrative actions for violations of the RPS Rules are hereby
adopted and promulgated:

PART | — GENERAL PROVISIONS

Rule 1
Title, Scope, Definitions, Interpretation, Rules of Court

Section 1. Title. This shall be known as the “Guidelines Governing Administrative
Actions for Violations of the RPS Rules” (the “Guidelines’).

Section 2. Scope. This Guidelines shall govern the procedure before the Department
in all matters concerning the inquiry, investigation, and all other proceedings
conducted by the Department pursuant to Section 36 of RA 9513, Section 24(a), Rule
7 of DC No. DC2017-12-0015, as amended by DC No. DC2023-05-0015, and Section
21(a), Rule 7 of DC No. DC2023-05-0014. However, in consideration of public interest
and consistent with due process, the Department may exempt itself from the
application of this Guidelines and apply such fair and reasonable procedures to obtain
the speedy disposition of administrative cases.

Section 3. Definitions. Unless otherwise indicated, the following terms shall be
understood as follows:

a. “Answer” refers to a pleading in which the respondent sets forth the defenses
upon which s/he relies;

b. “Complainant” refers to a natural or juridical person claiming to suffer direct
injury by reason of respondent's alleged violation of the RPS Rules;

c. “Compliance Period” refers to the timeframe allowed for a Mandated
Participant to submit RE Certificates (RECs) corresponding to its minimum
annual RPS Requirement of the current year to the RE Registrar through its
RPS account which is from 26 December of the current year to 25 December
of the following year;

Energy Center, Rizal Drive cor. 34th Street, Bonifacio Global City, Taguig City, Philippines 1632
Tel. No. (Trunkline) (632) 8479-2900
Website: http://www_.doe.gov.ph; Email: info@doe.gov.ph

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_ “Department” refers to the Department of Energy,

_ “Report” refers to the action of the RPSCT upon a Complaint or an inquiry of

the Renewable Energy Management Bureau on the alleged violation of the RPS
Rules by a respondent;

“Decision” refers to the action of the Secretary on the Report, and/or Protest
and Resolution;

_ “Final Resolution” refers to the action of the Secretary upon a Motion for

Reconsideration of an adverse Decision filed by a complainant or respondent;

_ “Protest” refers to the request of an aggrieved party to reconsider the Report

of the RPSCT;

“Office of the President” refers to the Office of the President of the
Philippines;

“Show Cause Order” refers to a directive issued by the RPSCT to a person or
entity requiring them to answer allegations of violations of the RPS Rules;

“Renewable Energy Act” or “RE Act” refers to RA 9513, otherwise known as
the “Renewable Energy Act of 2008";

“Renewable Energy Management Bureau” or “REMB” refers to the bureau
of the Department of Energy created pursuant to Section 32 of the RE Act;

. “Respondent” refers to a person or entity who has allegedly violated the RPS

Rules:

. “RPS Composite Team” or “RPSCT” refers to the Composite Team created

under Section 19, Rule 5 of DC No. DC2017-12-005, as the composition thereof
may be ordered by the Secretary from time to time; and

. “RPSCT Chairperson” refers to an officer of the Department designated

through a Special Order as Chairperson of the Composite Team;

. “RPSCT Secretariat” refers to the Technical Management Services Division

of REMB;

“Secretary” refers to the head of the Department of Energy.

Section 4. Interpretation and the Suppletory Application of Rules of Court. This
Guidelines shall be liberally construed to carry out the objectives of the RE Act and
other renewable energy laws, rules and regulations, and to obtaining a just and
expeditious settlement or disposition of administrative cases. The provisions of the
Rules of Court, however, shall apply in a suppletory character.
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PART Il - PROCEEDINGS BEFORE THE RPSCT

Rule 2
Commencement of Administrative Actions

Section 1. Administrative Action, How Commenced. A\i administrative actions for
violations of the RPS Rules shall be commenced either by the filing of a verified
Complaint with the RPSCT within four (4) years from the last day of the applicable
Compliance Period; or upon the RPSCT’s own initiative by an Order issued within one
(1) year from the last day of the applicable Compliance Period. The Order shall be
issued upon the filing of REMB's findings, duly validated by a technical subcommittee
created by the RPSCT for the purpose, that a person or entity may have violated the
RPS Rules.

Section 2. Representation. The Complaint may be prosecuted by the complainant
by himself/herself or through counsel. The respondent may likewise appear by
himself/herself or through counsel. The complainant and respondent and their
respective counsels, if any, are required to conduct their business with politeness,
decorum and courtesy.

Section 3. Partners Named, Individually. When two or more persons associated in
any business, transact such business under a common name, the associates may be
sued under such common name.

The associates of the business who are sued under a common name may be named
individually in the Answer filed by them or on their behalf with their respective postal
addresses.

if the respondents are distribution utilities or other entities holding a public franchise
or licensed by the Energy Regulatory Commission, the officers and/or directors or
other responsible officers thereof shall also be named respondents.

Section 4. Form and Content of the Complaint. The Complaint shall be filed in the
following manner:

4.1 In three (3) legible copies with the original copy intended for the RPSCT and
labelled accordingly, verified, and shall contain the names and addresses of
the parties, the power of attorney/authority of the authorized representative,
and a concise statement of the ultimate facts constituting the complainant's
cause/s of action. It shall specify the relief/s sought, but it may add a general
prayer for such further or other reliefs as may be deemed just or equitable.
Every pleading filed shall likewise contain a caption setting forth the name of
the Department, the title of the case, the case number, and the designation
of the pleading.

4.2 Verified by an affidavit stating that the affiant has read the pleading and that
the allegations therein are true and correct, based on personal knowledge or
authentic documents, and the factual allegations therein have evidentiary
support or, if specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery.
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A Complaint which contains a verification based on “information and belief’
or upon “knowledge, information, and belief’ or lacks proper verification, shall
be treated as an unsigned pleading.

4.3 Include a certification that (a) the complainant has not filed any other action
or proceeding or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency and, to the best of his/her knowledge, no
such other action, proceeding or claim is pending therein; (b) if there is such
other action or claim, a complete statement of the present status thereof; and
(c) if the complainant should thereafter learn that the same or similar action,
proceeding or claim has been filed or is pending, the complainant shall report
that fact within five (5) calendar days therefrom to the court, tribunal or quasi-
judicial agency wherein the party's action, proceeding or claim has been filed.
The authorization of the affiant to act on behalf of the complainant, whether
in the form of a secretary's certificate or a special power of attorney, should
be attached to the Complaint.

Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the Complaint but shall be cause for dismissal of the case without
prejudice to its refiling. The submission of a false certification or non-compliance with
any of the undertakings therein, or the acts of the party or his/her counsel which clearly
constitute willful and deliberate forum shopping, shall be ground for summary
dismissal with prejudice.

No Complaint shall be deemed filed with the RPSCT unless it is accompanied by the
required filing fee.

Section 5. Modes of Filing. A verified Complaint shall be filed with the RPSCT
through the following:

Personal delivery;
Registered mail;
Private courier, or
Electronic mail (email).

aoeow

Section 6. Filing Through Email or Other Electronic Filing System Approved by
the Department.

a. A verified Complaint filed through email shall be addressed to
rpsct_complaint@doe.gov.ph in portable document format (PDF). The
Complaint, verification and certification on non-forum shopping shall be signed
in accordance with the Rules on Electronic Evidence.

b. The verified Complaint filed through email must be accompanied by the email
addresses and mobile numbers of the complainant, his/her legal counsel/s or
representative/s on record, and the respondent, if known to the complainant. It
is the duty of the parties, their legal counsels or authorized representatives to
update the RPSCT if there are any changes in the email addresses on record.
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c. Upon receipt of the verified Complaint, an email acknowledgment shall be sent
to the complainant or to his/her counsel if so represented, indicating such date
of receipt. Thereafter, the RPSCT shall:

(i) Issue an Order for payment of filing fee, if the digital signatures comply
with the Rules on Electronic Evidence. After the payment of the
appropriate fees, the complainant shall subsequently submit by personal
service, registered mail or private courier a Universal Serial Bus (USB)
drive containing the documents submitted together with the copy of the
receipt of payment of the filing fee.

(ii) lf any digital signature does not comply with the Rules on Electronic
Evidence, the complainant shall be required to file the Complaint,
verification and certification on non-forum shopping in triplicate by
personal service, registered mail or private courier. The Order for
payment of filing fee shall be issued after receipt of the pleadings and
supporting documents, in accordance with the next succeeding section.

Section 7. Payment of Filing Fee and Docketing. Upon receipt of the Complaint,
the RPSCT shall issue an order for the payment of the required fee, which shall be
delivered to the complainant through personal delivery, registered mail, private courier
or email.

The complainant shail pay a filing fee of no less than PhP2,500.00 but not more than
PhP20,000.00. The filing fee shall be determined by the RPSCT based on the amount
of administrative fines that may be imposed, if the respondent is found liable for
violation of the RPS Rules.

The RPSCT may revise the amount of filing fees prescribed above, upon the approval
of the DOE Secretary.

The filing fee must be paid within ten (10) working days from receipt of the Order,
failing which, the Comp/aint shall be dismissed without prejudice.

Upon payment of the required fee, the complainant, his/her counsel, or representative,
shall submit to the RPSCT Secretariat a copy of the official receipt and present the
original copy thereof for comparison. Such comparison may be dispensed with if the
complainant submits the original official receipt to the RPSCT,

The date of receipt of proof of payment of the filing fee shall be considered as the date
of filing, which shall be stamped on the first page of the Compiaint.

Immediately after receipt of the proof of payment of the required fee, the RPSCT
Secretariat shall acknowledge receipt of the papers by assigning an Administrative
Complaint Number and docket the same.

Section 8. Evaluation of Complaint; Notice to Answer. Within five (5) working days
from receipt of the proof of payment of filing fee, the RPSCT shall resolve whether to
dismiss the Complaint outright for non-compliance with any of the requirements under
this Rule or to require the respondent to answer.
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a copy of the Compiaint shall be served to the respondent through the RPSCT
Secretariat by personal service, registered mail, private courier, or email. If the service
is done through registered mail, the return card shall be attached to the documents as
evidence of receipt. The proof of service of the Notice to Answer shall be made in
writing by the RPSCT Secretariat and shall set forth the manner, place and date of
service, shall specify any papers which have been served with the process and the |
name of the person who received the same, and shall be sworn to when made by a
person other than an employee of the Department. |

If the Complaint is sufficient in form and substance, a Notice to Answer together with |

Section 9. Motu Proprio Action; Contents of the Order. The Order referred to in
Section 1 of this Rule shall cite the duly validated findings of REMB and allege with
definiteness and clarity the violation, as well as the range or extent of the sanction that
may be imposed should the violation be substantiated. The Order shall be served to
the respondent and the proof of service thereof shall follow the procedure set forth in
the immediately preceding Section.

Section 10. Venue of Hearings. A\| hearings on actions covered by this Guidelines
shail, as far as practicable, be held within the premises of the Department. However,
the parties may request that hearings be held via remote or teleconferencing
arrangements.

Rule 3
Answer

Section 1. Answer. Within a period of ten (10) working days from receipt of the Notice
to Answer or Show Cause Order, the respondent shall file an Answer whether
admitting or denying the material allegations or facts set forth in the Complaint or Show
Cause Order, or setting forth the reason why respondent cannot admit or deny said
allegations. The respondent must state the facts and law relied upon for their defense
with definiteness and clarity.

The respondent may, for meritorious reasons, be granted an additional period of not
more than thirty (30) calendar days to file an Answer. The respondent is only allowed
to file one (1) motion for extension of time to file an Answer.

Section 2. Default. (a) |f the respondent fails to file an Answer within the time allowed |
therefor, the RPSCT shall motu proprio or upon motion of the complainant with natice

to the respondent, and proof of such failure, declare the respondent in default.

Thereupon, the RPSCT shall proceed to issue a Report granting the complainant such

relief as his/her pleading may warrant or hold respondent liable for the violation stated

in the Order, unless the RPSCT, in its discretion and upon motion of the respondent,

requires the respondent to submit an Answer. All such Reports shall comply with Rule

4 of this Guidelines.

(b) A party declared in default may, at any time after notice thereof and before the
issuance of the Report, file a motion under oath to set aside the order of default upon
proper showing that his/her failure to answer was due to fraud, accident, mistake or

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excusable negligence and that he/she has a meritorious defense. In such a case, the
order of default may be set aside on such terms and conditions as the RPSCT may
impose in the interest of justice.

(c) A party in default shall be entitled to notice of subsequent proceedings but shall not
take part in the hearings, if any, unless s/he files a motion to lift or set aside the order
of default.

Section 3. Motion to Dismiss Not Allowed. No motion to dismiss on any of the
grounds mentioned in the Rules of Court and in any other law shall be allowed except
on the ground of prescription. Such grounds other than prescription shall instead be
pleaded as affirmative defenses, the resolution of which shall be made in the decision
on the merits. The RPSCT may, for good cause shown, conduct a hearing on any of
the affirmative defenses if this will expedite the issuance of the Report.

Rule 4
Report and Protest

Section 1. Report of the RPSCT. Whether or not the respondent submits an Answer,
the RPSCT shall issue its Report for the Secretary within ninety (90) working days
from respondent's receipt of the Complaint or Show Cause Order.

Prior to the issuance of the Report, the RPSCT may conduct a clarificatory hearing
during which the parties shall be afforded the opportunity to be present but without the
right to examine or cross-examine the witness being questioned. Where the
appearance of the parties or witnesses is impracticable, the clarificatory questioning
may be conducted in writing, whereby the questions desired to be asked shall be
reduced into writing and served on the witness concerned who shall be required to
answer the same in writing and under oath. The Report shall be served to the parties
by personal service, registered mail, private courier, or email, as the case may require.

For purposes of crafting the Report, the RPSCT may call upon the various units of the
Department to provide support.

Section 2. Contents of the Report. The Report of the RPSCT shall be signed by the
RPSCT Chairperson, and shall contain such information, data and other details as
may be necessary or appropriate for the Secretary to render a Decision.

Section 3. Protesting of Report. The Report may be protested by filing a request for
reconsideration with the RPSCT under oath within fifteen (15) calendar days from
receipt of the Report.

Section 4. Resolution of Protest. The RPSCT shall resolve the Protest within thirty
(30) working days after its filing. Within three (3) calendar days after resolution, the
RPSCT shall endorse the Report, Protest and Resolution to the Secretary for review.

Section 5. Endorsement of Report. {f the aggrieved party does not file a Protest,
the RPSCT shall, within three (3) calendar days from the last day of the prescribed
period, endorse the Report to the Secretary for review.
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Rule 5
Decision and Final Resolution

Section 1. Decision. Within thirty (30) working days from receipt of the Report, and
the Protest and Resolution, if any, the Secretary shall render a Decision.

Section 2. Contents of the Decision. The Decision shall be signed by the Secretary,
and shall contain a clear, concise and brief statement of the following: (a) facts of the
case; (b) issue/s involved; (c) findings of fact; (d) applicable law or rules; (e) conclusion
and reasons therefor; (f) recommendation on the revocation of respondent's license,
franchise, or authority to operate or the filing of criminal complaint, if warranted: and
(g) the dispositive portion.

The Decision shall be filed by the RPSCT Secretariat with the Records Management
Division, copy furnished REMB, and shall cause true copies thereof to be served upon
the counsels of the parties, or in the absence of any counsel of record, on the parties
themselves.

Section 3. Evidence Required. Substantial evidence shall be sufficient to support
the Decision. A fact may be deemed established if it is supported by substantial
evidence. It means such relevant evidence which a reasonable mind might accept as
adequate to support or justify a conclusion.

Section. 4. Secretary Not Bound by Technical Rules of Evidence. The Secretary
shall consider relevant and material evidence, rule on offer of evidence and exclude
all irrelevant matters, and shall act according to justice and fairness. The Secretary
shall not be strictly bound by the technical rules of evidence. The Secretary shall,
however, take cognizance of the official acts of the legislative, executive and the
judicial departments of the Philippines, the laws of nature, scientific facts as published
in treatises, periodicals, or pamphlets and other facts which are of public knowledge
or general knowledge as would enable the Secretary to rule upon the technical issues
in the case.

Section 5. Motions for Reconsideration. Motions for Reconsideration of the
Decision shall be under oath and filed within fifteen (15) calendar days from receipt of
the Decision.

Section 6. Action upon a Motion for Reconsideration. The Secretary may give due
course to a Motion for Reconsideration by requiring the aggrieved party to file a
Position Paper, or deny the Motion for Reconsideration.

Section 7. Position Paper. The aggrieved party shall file a Position Paper within
fifteen (15) calendar days from receipt of the Secretary's Order. The aggrieved party’s
Position Paper shall contain the following data/matters:

i. Exact date of the assailed Decision:
ii. Exact date when the assailed Decision was received;

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iii. Information regarding compliance with the requirements for a Motion for
Reconsideration under this Guidelines;
iv. Brief statement of the case and the facts;
v. Reasons or grounds for the Motion for Reconsideration;
vi. | Arguments in support of the motion: and
vii. Relief sought.

The Secretary may require the filing of additional pleadings to provide additional
information.

The aggrieved party shall serve a copy of the Position Paper on the adverse party.
Non-compliance with this requirement shall result in the denial of the Motion for
Reconsideration.

The adverse party shall file a Position Paper within fifteen (15) calendar days from
receipt of the Position Paper of the aggrieved party. Any party filing the required
pleading or documents and other pleadings pertinent to the Motion for Reconsideration
shall serve copies thereof on the adverse party and the RPSCT.

Section 8. Final Resolution. The Secretary shall resolve Motions for
Reconsideration within thirty (30) working days from the time it is submitted for
resolution. A Motion for Reconsideration shall be deemed submitted for resolution
upon receipt of the adverse party's Position Paper, if any, or other pleading which the
Secretary may require to be filed, or upon the lapse of the period given.

The Final Resolution shall be filed with the RPSCT, copy furnished REMB. The
RPSCT Secretariat shall cause true copies thereof to be served upon the counsel of
complainant and respondent, or in the absence of such counsel, on the complainant
and respondent.

Rule 6
Finality of Decisions and Final Resolutions, and Entry Thereof

Section 1. Finality of Decision and Final Resolution. The Decision shal! become
final and executory fifteen (15) calendar days after the receipt of a copy thereof by the
parties, unless within the said period a Motion for Reconsideration has been filed.

The Final Resolution shall become final and executory fifteen (15) calendar days after
the receipt of a copy thereof by the aggrieved party, unless within the said period an
appeal to the Office of the President has been perfected.

Section 2. Entry of Decisions and Final Resolutions. \f no Motion for
Reconsideration or Appeal is filed within the period provided in this Guidelines, the
RPSCT Secretariat, upon the instance of the RPSCT, shall forthwith cause the entry
of the Decision or Final Resolution in the Records Management Division. The date of
finality of said Decision or Final Resolution shall be deemed to be the date of its entry.
The record shall contain the dispositive part of the Decision or Final Resolution and
shall be signed by the Secretary with a certificate that such Decision or Final
Resolution has become final and executory.

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Rule 7 |
Appeal to the Office of the President

Section 1. Appeal to the Office of the President. The aggrieved party may appeal
the Fina! Resolution of the Department to the Office of the President. However,
interlocutory orders shall not be appealable.

Section 2. Procedure on Appealed Cases. The procedure provided in
Administrative Order No. 22, Series of 2011 titled, “Prescribing the Rules and
Regulations Governing Appeals to the Office of the President” shall govern appeals
by aggrieved parties of the Final Resolutions of the Department to the Office of the
President.

Rule 8
Administrative Penalties and Sanctions

Section 1. Administrative Penalties Imposable. After formal investigation, the
Department may impose one (1) or more of the following administrative penalties,
pursuant to Section 36 of RA 9513, Section 24(a), Rule 7 of DC No. DC2017-12-0015,
and Section 21(a), Rule 7 of DC No. 0C2023-05-0014:

a. The imposition of administrative fines in such amount as deemed reasonable
by the Department, which shall in no case be less than One Hundred Thousand
Pesos (PhP100,000.00) to Five Hundred Thousand Pesos (PhP500,000.00),
or the total amount of damages caused or the costs avoided for noncompliance,
whichever is higher, upon the discretion of the Secretary.

The cost avoided for noncompliance shall refer to the difference between the
retail rate if the respondent was RPS compliant (RR:) and the retail rate actually
charged to its customers (RRz) multiplied by the Net Electricity Sales (NES) in
kWh for the year of noncompliance.

Cost Avoided for Noncompliance = {(RR, — RR2) X (NES)) x (365)

b. The cancellation of any permit, license, authority, or registration which may
have been granted by the Department, or the suspension of the validity thereof
for such period of time as the Department may deem reasonable, which shall
not exceed a period of one (1) year: and

c. The withholding of any permit, license, authority or registration which is being
secured by the respondent from the Department.

The fines above shall be imposed against the officers and/or directors or other
responsible officers of the respondent and shail not be passed on to the Captive
Market.

In addition to the administrative penalties enumerated above, the Department, citing
the Report of the RPSCT, may also recommend to the appropriate government
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entity/agency the revocation of the respondent's license, franchise, or authority to
operate for the second violation committed by the respondent.

If it is the third violation of the same person or entity, the Department, citing the Report
of the RPSCT, shall recommend to the appropriate government office the filing of a
criminal action for violation of the RE Act and other relevant laws.

In every case, the Department shall act upon the recommendation to revoke the
respondent's license, franchise, or authority to operate or file a criminal action only
after finality of the Decision or Final Resolution.

Rule 9
Confidentiality of Proceedings

Section 1. Prohibited Disclosure. No employees of the Department and the officers
and members of the RPSCT shall discuss the case or any phase thereof with either
the complainant or respondent, or his/her counsel of record in the absence of the other
party, or with any third person not having any interest or legal standing before the
Department.

PART Ill — INSTITUTION OF CRIMINAL PROCEEDINGS BY THE DEPARTMENT

Rule 10
Prohibited Acts, Penalties, and Commencement of Criminal Actions

Section 1. Prohibited Acts and Penalties. For the purposes of this Guidelines, and
pursuant to Sections 35(a) and 35(e) of RA 9513, non-compliance or violation of the
RPS Rules and non-compliance with the established guidelines that the Department
will adopt for the implementation of RA 9513 are prohibited acts.

Pursuant to Section 36 of RA 9513, any person who willfully commits any of the
prohibited acts, upon conviction thereof, shall suffer the penalty of imprisonment of
one (1) year ta five (5) years, or a fine ranging from a minimum of One Hundred
Thousand Pesos (PhP100,00000) to One Hundred Million Pesos
(PhP100,000,000.00), or twice the amount of damages caused or costs avoided for
non-compliance, whichever is higher, or both, upon the discretion of the court.

Section 2. institution of Criminal Action by the Department. The Department. after
having resolved the administrative action or inquiry, and finding that there is a third
violation by the respondent, shall refer the matter to the relevant government agency
for the conduct of criminal investigation and prosecution of any person who willfully
commits any of the prohibited acts, in accordance with existing laws, rules, and
regulations. Likewise, any person who willfully aids or abets the commission of any
such act by another shall be liable in the same manner as the principal.

In the case of associations, partnerships or corporations, the penalty shall be imposed
on the partner, president, chief operating officer, chief executive officer, directors or
officers responsible for the violation.

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PART IV — FINAL PROVISIONS

Section 1. Participation of the Legal Services. For the purposes of this Guidelines,
the Legal Services shall assist and support the concerned units of the Department
during the administrative and criminal proceedings.

Section 2. RPSCT Secretariat. Without prejudice to its duties under relevant rules
and regulations and consistent with its responsibility to provide technical and
administrative support to the RPSCT, the Technical Services Management Division of
REMB shall serve as the RPSCT Secretariat in any action or proceeding under this
Guidelines.

Section 3. Internal Rules of the RPSCT. Within sixty (60) calendar days after the
effectivity of this Guidelines, the RPSCT shall promulgate its internal rules to govern
matters not otherwise provided for herein. Such rules shall ensure that the actions or
proceedings of the RPSCT are transparent, timely and orderly, and may include, but
shall not be limited to, the following:

»

. Filing, receiving, service of a Complaint, Answer and any other pleading or
document submitted or filed under this Guidelines;

Quorum;

. Formula for determining the proper amount of filing fees;

. Deliberations;

Manner of voting and voting requirements for any action or decision;

Agenda and minutes of proceedings, and preparation thereof;

. Preparation and endorsement of Report;

. Rollo for each administrative action; and

Repository of original documents.

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Section 4. information, Education and Communication Activities. Pursuant to
Section 31, Rule 10 of the IRR of the RE Act, the Department, together with the
National Renewable Energy Board, shall develop and implement a comprehensive
information, education and communication activities that are designed to increase the
public awareness and appreciation of this Guidelines and the renewable energy
industry in general.

Section 5. Separability. \f any provision in this DC or application of such provision to
any circumstances is held invalid, the remainder of this DC shall not be affected
thereby.

Section 6. Repealing Clause. The provisions of other circulars, orders, issuances,
rules and regulations, which are inconsistent with the provisions of this DC are hereby
repealed, amended, superseded or modified accordingly.

The portions of Section 24 of DC No. DC2017-12-0015 and Section 21 of DC No.
DC2023-05-0014 referring to the applicability of the DOE Rules of Practice and
Procedure to cases covered by this DC are hereby repealed.

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Section 7. Effectivity. This DC shall take effect fifteen (15) days after publication in
two (2) newspapers of general circulation. A copy of this DC shall be filed with the
University of the Philippines Law Center — Office of the National Administrative
Register.

Issued on__ December 2023, at Energy Center, Rizal Drive cor. 34" Street, Bonifacio

Global City, Taguig City. Z

RAPHAEL P.M. LOTILLA
/ Secretary

“DEC 07 2023