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20.6.

20.7.

20.8.

20.9.

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20.5.1. REMB shall conduct an initial evaluation within ten (10) working
days from receipt of the report of the Geothermal Developer, or
from the lapse of the period given under Section 20.4.

20.5.2. Within ten (10) working days from notice thereof, the
Geothermal Developer may submit additional documents
refuting REMB’s findings and/or rectifying any deficiency in the
annual report or its supporting documents.

20.5.3. In every case, REMB shail complete the evaluation within the
prescribed period: Provided, That the period for rectification
shall not be counted against REMB’s period for evaluation.

After due evaluation, the DOE may withdraw the COA if the Geothermal
Developer is unable to show, through proper documentation, reasonable
efforts to undertake the activities. If the DOE, through REMB, finds that
the COA should be withdrawn, it shall give the Geothermal Developer
written notice within fifteen (15) working days that it has forfeited the
benefit of the COA and shall direct the Geothermal Developer to pre-
sign the GSC in accordance with Section 21.2.

The decision of the DOE to withdraw the COA shall be final and non-
appealable.

The validity of the COA shall not be extendible. Any reconnaissance
activity and other pre-feasibility studies that is not conducted and/or
permit or certification or tenurial instrument that remains unissued upon
the lapse of the COA, despite the due diligence of the Geothermal
Developer, shall be procured and the necessary activities therefor
conducted, as part of the Pre-Development Stage.

The Geothermal Developer shall have the option to waive, shorten, or
utilize the maximum period of validity of the COA.

20.9.1. If the Geothermal Developer opts to shorten the period of
validity, it shall give written notice to the DOE with a request to
execute the GSC, a proposed Work Program and a terminal
report on the permits, certifications or tenurial instruments
procured and/or reconnaissance and other activities needed for
pre-feasibility studies conducted.

20.9.2. If the Geothermal Developer opts to utilize the full term, it shall
give written notice to the DOE with a request to execute the
GSC, a proposed Work Program and the terminal report
mentioned in Section 20.9.1 not earlier than six (6) months but
not later than three (3) months prior to the expiration of the
validity of the COA.

20.9.3. Failure of the Geothermal Developer to give written notice to the
DOE within the period mentioned in the preceding paragraph
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shall be deemed an abandonment of the GSC Application,
following the procedure set forth in Section 19.10.2.2.4.

20.10. Within three (3) calendar days from notice, GEMD shall prepare REMB’s
memorandum for the DOE Secretary endorsing the execution of the
GSC in accordance with Section 21.2.

21. Award of Geothermal Service Contract and Registration of Geothermal
Developers.

21.1. Issuance of Certificate of Authority. After the approval and award of
a GSC Application and before the execution of a GSC, the DOE shall
issue a COA: Provided, That the COA may be waived in accordance with
Section 20.9.

21.2. Signing of the Geothermal Service Contract. The following procedure
shall govern the awarding of GSC:

21.2.1. Notification of Award. The DOE shall notify the selected
(under OCSP) or qualified (under Direct Application) GSC
Applicant of the award of the GSC.

21.2.2. Signing of the Geothermal Service Contract. The signing of
the GSC shall be divided into two stages, namely: a) pre-signing
by the GSC Applicant; and b) signing by the DOE Secretary:
Provided, That any GSC in the nature of a financial or technical
assistance agreement shall be approved and executed by the
President of the Philippines, upon the recommendation by the
DOE Secretary, in accordance with Section 2, Article XII of the
Philippine Constitution.

21.2.2.1. The REMB Supervising Assistant Secretary shall review
the recommendation and endorse the same to the
REMB Supervising Undersecretary through LS within
two (2) calendar days from receipt thereof. LS shall act
on the endorsement within two (2) calendar days from
receipt of the documents. The Undersecretary shall act
on the endorsement within two (2) calendar days from
receipt of the documents. Within one (1) calendar day
from the concurrence of the Undersecretary with the
REMB’s recommendation, the REMB Director shall
require the GSC Applicant to pre-sign the original copies
of the GSC following the prescribed template. The GSC
Applicant is then required to pre-sign the GSC within
thirty (30) calendar days upon receipt of the notice.
Failure to comply within this timeframe shail result in the
GSC application being deemed abandoned.
Notifications will be sent through EVOSS System at ten
(10)-day intervals within this thirty (30)-day period to the
GSC Applicant.
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21.2.3.

21.2.4.

21.2.5.

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21.2.2.2. The GSC Applicant shall submit the pre-signed GSC to
GEMD. Within one (1) working day, GEMD shall check
the completeness of the pre-signed GSC and, if the
same is in order, and shail forward the pre-signed GSC,
along with the endorsement and all its attachments to
the Office of the DOE Secretary one (1) calendar day
thereafter. Incomplete pre-signed GSC shall be returned
to the GSC Applicant for rectification.

21.2.2.3. The Office of the DOE Secretary shall receive the pre-
signed GSC and all its attachments, and the DOE
Secretary shall act on the documents within seven (7)
calendar days from receipt thereof.

Payment of Signing Fee. The GEMD, through the EVOSS
System, shall issue the order of payment within one (1) calendar
day.

The GSC Applicant shall pay the signing fee and upload the
proof of payment thereof within fifteen (15) calendar days from
receipt of the order of payment. Failure of the Geothermal
Developer to do so shall cause the GSC to be deemed void.

Posting of Performance Bond. Subject to Section 91, the
GSC Applicant shall post the performance bond covering the
first Contract Year in accordance with Section 65 within sixty
(60) calendar days from receipt of notice. Failure of the
Geothermal Developer to do so shall cause the GSC to be
deemed void.

Delivery of the Signed Geothermal Service Contract. Within
one (1) calendar day from receipt of the proof of payment of the
signing fee within the prescribed period, GEMD shall, after due
validation thereof, upload in the EVOSS System the signed and
notarized copy of the GSC and COR, as applicable.

The Geothermal Developer shall personally receive the original
copies of the GSC and COR, as applicable, after submission of
the proof of. posting of the performance bond within the
prescribed period. Simultaneous with the receipt of the GSC,
the Geothermal Developer shall surrender to the DOE the COA
issued pursuant to this Circular.

o Maintain Records. The GEMD shall maintain a record of all

LOls received, pending GSC Applications, and signed GSC in the
EVOSS System.

21.4. Reopening of the Area of Interest. The ITMS shall make the area
available to other applicants only when: a) the GSC Applicant failed to
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qualify and the period under Section 19.10.2.2 has lapsed; or
b) withdraws or abandons its LO! or GSC Application, as the case may
be, and only after due notice is given to the concerned interested
participant/GSC Applicant of such information by the REMB Supervising
Assistant Secretary, copy furnishing the ITMS with the said notice. Such
information shall be posted on the DOE website and previously denied
applicants shall be notified through the EVOSS System. Once an area
is declared to be available, subsequent RE Applications covering the
same may be allowed, and only on a first-come, first-serve basis.

21.5. Registration of Geothermal Developers. The DOE, through the
REMB, shall issue a COR to a Geothermal Developer holding a valid
GSC for purposes of entitlement to the incentives under the RE Act,
subject to Chapter XII of this Circular, upon the issuance of the COCOC.
Notwithstanding the foregoing, the issuance of a COR may be availed of
upon the award of the GSC, at the option of the Geothermal Developer.

22. Terms of Geothermal Service Contract. The development of geothermal
resources shall be covered by a GSC following the prescribed template (Annex “C’”).

22.1. The Geothermal Developer shall be given a period of five (5) years from
the date of execution of the GSC, extendible up to two (2) years, to
determine the existence of geothermal resources in Commercial
Quantities and shall be called Pre-Development Stage.

22.2. The Geothermal Developer may file a request to extend the term of the
Pre-Development Stage for justifiable reasons not earlier than six (6)
months but not later than three (3) months prior to its expiration, which
shall be decided by the REMB Supervising Undersecretary.

22.3. The Development/Commercial Stage shall commence prior to the
expiration of the Pre-Development Stage and upon the issuance of the
COCOC and shail continue for the remainder of term of the GSC.

22.4. The GSC shall have a term of twenty-five (25) years from the date of
execution, which shall include the Pre-Development Stage and
Development/Commercial Stage but shall exclude the period covered by
the COA.

22.5. Not earlier than six (6) years but not later than three (3) years prior to the
expiration of the twenty-five (25)-year contract term, the GSC may be
renewed for another twenty-five (25) years, subject to the terms and
conditions of the GSC.

23. Stages of Geothermal Service Contract. A GSC shall cover two (2) stages of
the geothermal project, namely:

23.1. Pre-Development Stage. It involves the conduct of preliminary
assessment and feasibility study up to Financial Closing and approval of
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DOC of the geothermal project, including the identification of the
proposed Production Area; and

Development/Commercial Stage. It involves the development,
construction, and commercial operation of the geothermal project,
production, and the production and utilization of geothermal resources.

24. Investments.

24.1.

24.2.

New Investments. Geothermal Developers undertaking discovery,
exploration, development and/or utilization of new geothermal resources
within the Contract Area distinct from the originally registered operations
may qualify as new projects, subject to setting up of new separate books
of accounts. The Geothermal Developer may, upon its discretion,
relinquish the Contract Area and apply for a new GSC over the area of
new investment, subject to constitutional term limits.

Additional Investments. Additional investment may cover investment
for improvements, modernization, rehabilitation, or expansion duly
registered with the DOE, which may or may not result in increased
capacity, subject to the conditions to be determined by the DOE, such
as, but not limited to, the following:

24.2.1. Identification of and investment in sequential phases/stages of
production, or undertaking scheduled modernization or
rehabilitation; and

24.2.2. Improvements such as reduced production/operational costs,
increased production, improved operational efficiency, and
better reliability of the geothermal facilities.

If, by reason of the additional investment, the capacity of the geothermal
project is increased by at least ten percent (10%) as validated by REMB,
the Geothermal Developer shall have the option to avail of an additional
COR indicating the type of additional investment. Upon the issuance of
the additional COR, the applicable incentives under the RE Act shall be
reset.

In cases where the period to avail of duty-free importation has lapsed
and the additional investment involves the importation of RE machinery,
equipment and/or materials, the DOE, upon the request of the
Geothermal Developer, may issue an additional COR indicating the type
of additional investment prior to the actual increase of the capacity based
on the following:

24.2.2.1. Full and detailed feasibility study showing that upon installation
of the RE equipment, machinery and/or materials specified
therein, the capacity of the geothermal project will be increased
by at least ten percent (10%);
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24.2.2.2.Binding agreements for the purchase of RE equipment,
machinery and/or materials with the same specifications
mentioned in the feasibility study;

24.2.2.3. Detailed timeline of activities to implement the improvement,
modernization, rehabilitation or expansion; and

24.2.2.4. Subject to Section 91, proof of posting of performance bond as
provided in Section 65.

CHAPTER V — SOLAR ENERGY RESOURCE

25. Eligibility of Solar Energy Operating Contract Applicant. Any Person may
apply for Solar Energy Operating Contract (SEOC), subject to the provisions in this

Chapter.

25.1.

25.2.

The SEOC Applicant may be a Filipino and/or a foreign citizen, or a
Fililpino- and/or foreign-owned corporation or association which is
authorized by its articles or deed of incorporation to engage in the
development and utilization solar energy resources: Provided, That in
case the SEOC Applicant is a joint venture or a consortium, the partners
of the joint venture or members of the consortium shall organize
themselves as a corporation under the Revised Corporation Code or
secure the appropriate license from the SEC, in case the joint venture or
consortium was incorporated outside of the Philippines.

An Applicant which applies for a SEOC that involves activities reserved
to Filipino citizens or corporations or associations at least sixty percent
(60%) of whose capital is owned by Filipinos shall comply with the
nationality requirements under applicable laws, including the Anti-
Dummy Law on the appointment of officers of the corporation.

26. Modes of Awarding Solar Energy Operating Contract. SEOC shall be awarded
through Direct Application.

26.1.

26.2.

Direct Application shall be available for the selection and award of SEOC
in an area identified by a SEOC Applicant and verified with or confirmed
by the ITMS as available for the development and/or utilization of solar
energy resources.

Solar Power Projects for Own-Use and/or for Non-Commercial Purposes
shall not require the issuance of SEOC but shall comply with the
registration requirements provided under Chapter XI: Provided, That the
physical connection of such projects shall be as a self-generating facility
the generating unit of which has no connection to the distribution system
or grid.
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27. Procedure for Awarding Solar Energy Operating Contract under Direct

Application.

27.1.

Coverage. Direct Application shall be observed in processing SEOC

Applications for solar energy resources.

Part 1. Pre-Application Process

27.2.

27.3.

27.4.

Part 2. Area

27.5.

27.6.

Registration in the EVOSS System. If the interested participant has no
EVOSS System account yet, it shall submit a request for registration in
the EVOSS System with SEMG. The list of requirements necessary for
registration is detailed in Annex “J”.

Submission of Letter of Intent. All interested participants shall submit
through the EVOSS System an LOI to develop a certain area (Annex
“K”), in accordance with the mapping requirements (Annex “N”). The LOI
shall be addressed to the REMB Director and shall indicate whether the
interested participant will avail of the COA referred to in Sections 28 and
29.1. If the interested participant opts to avail of the COA, its LOI shall
include a list of all permits and activities to be procured/conducted during
the validity of the COA: Provided, That the list must cover the minimum
set of permits and activities mentioned in Annex D.1 or Annex E.1, as
applicable. The submission of the LOI shall not be considered as a filing
of a SEOC Application and shall not commence the application process.

Pre-Application Orientation of Interested Participant. The orientation
is intended to inform interested participants about the SEOC pre-
application and mapping requirements and processes.

Any interested participant may request for an orientation by signifying
such intent in its LOI; otherwise, it shall be presumed that the interested
participant is aware of the SEOC pre-application and mapping
requirements and processes.

Verification and Technical Guidelines

Configuration of Area of Interest. The interested participant shall
specify the type of solar power project, whether it is land-based (e.g.,
ground-mounted, roof-mounted, or other similar solar power projects) or
floating, with or without integrated ESS, and indicate the geographic
coordinates of the AOI. The AOI for the SEOC Application shall either
be polygonal or in block following the Blocking System or a combination
of both. ITMS shall check the completeness of the mapping
requirements within three (3) working days.

Area Verification. Within eighteen (18) calendar days from receipt of
the LOI! with complete documents, the ITMS shall complete the area
verification and determine whether the AOI is:
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27.6.1. Covered by a SEOC, SEOC pending application, or other
energy resource assessment activities as submitted by the
concerned DOE unit and verified by ITMS;

27.6.2. Within or overlaps with the area of an existing energy service or
operating contract such as PSC, COC, SSCMP or RESC, other
than SEOC or Solar Energy Service Contract (SESC);

27.6.3. Within or overlaps with the area of an existing energy service or
operating contract application such as PSC, COC, SSCMP or
RESC, other than SEOC Application;

27.6.4. Within the protected and environmentally critical areas under
the ENIPAS, i.e., within or outside the strict protection zones,
ancestral domains with Certificate of Ancestral Domain Title or
Claim, areas with tenurial instruments from other government
agencies, areas prohibited, reserved, or used for national
defense, navigation, irrigation, and other development projects,
zones identified under the MSP of the DOE, safety and
exclusion zones under Proclamation No. 72, Series of 2001,
titled “Establishing Safety and Exclusion Zones for Offshore
Natural Gas Wells, Flowlines, Platform, Pipelines, Loading
Buoy and Other Related Facilities for the Malampaya Deep
Water Gas-to-Power Project over Certain Waters and
Submerged Lands Adjacent to Batangas, Mindoro and
Palawan”, and other areas covered by significant geospatial
data that will be identified as necessary in the evaluation of the
SEOC Application based on available data on file with ITMS and
NAMRIA’s Philippine Geoportal Project website;

Pursuant to the mandate of the DOE to supervise and control
all government activities relative to energy project under the
EPIRA, concerned government agencies and entities shall
provide the DOE the list of abovementioned areas with
technical description;
27.6.5. Covered by the COA of other energy resource;
27.6.6. Covered by the COA of the same energy resource; and/or
27.6.7. Subject to Section 27.9.4, open for SEOC Applications:
27.6.7.1.Covered by AOI of the same/other energy resource; or
27.6.7.2.Not covered by AOI of the same/other energy resource.
Area Verification Results. [TMS shall provide SEMG with the results of
area verification through the EVOSS System. Within five (5) calendar

days upon receipt of the verification results, SEMG, through the REMB
Assistant Director, shall endorse the final verification results and upload
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the letter containing the results of area verification in the EVOSS
System.

The REMB Assistant Director shall issue a Notice to Apply if the AOI falls
under Section 27.6.7. If the AOI falls under Sections 27.6.1 to 27.6.5, the
SEOC Applicant shall be issued a Notice to Apply only after complying
with the succeeding paragraph.

If the SEOC Application cannot proceed based on the final verification
results, the interested participant may either (a) reconfigure the AOI:
(b) file a request to allow the development of multiple resources in the
area; or (c) comply with Section 27.7.3, as applicable.

27.7.1. Reconfigured Area of Interest. Within ten (10) calendar days
from uploading of the final technical verification results or from
receipt of notice that multiple resource development in the
overlapping area is not feasible under Section 27.7.2, the
interested participant and SEMG may conduct an assessment
if the AOI may be reconfigured without material adverse effect
on the feasibility of the proposed solar power project. The
interested participant may reconfigure its AOI to cover only such
portion as may allow the SEOC Application to proceed. After
confirmation by ITMS that no portion of the reconfigured AOI
falls under Sections 27.6.1 or 27.6.6 (for same energy
resource), and Sections 27.6.2, 27.6.3, 27.6.5 (for other energy
resource) or 27.7.3.1 (for strict protection zones, exclusion and
no-build zones), or if authority and consent is granted under
Section 27.7.3.6, if applicable, SEMG shall upload in the
EVOSS System a Notice to Apply to the interested participant
for the filing of the SEOC Application.

27.7.2. Multiple Resources in an Area. If the AOI of the interested
participant overlaps with the area of an existing energy service
or Operating contract or an application therefor, or of the COA
of another RE Developer not affiliated to the interested
participant, as provided under Sections 27.6.2, 27.6.3 and
27.6.5, the interested participant may still pursue the SEOC
Application, subject to the following provisions:

27.7.2.1. The interested participant shall:

27.7.2.1.1.Explain in writing why the proposed solar
power project will not be feasible without the
overlapping area, with justification on the
technical viability of the project; and

27.7.2.1.2.Submit a notarized acknowledgment and
undertaking that the interested participant
recognizes and shall continue to recognize
the prior rights of the existing applicants
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27.7.2.2.

27.7.2.3.

27.7.2.4.

27.7.2.5.

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and/or developers of other energy resources
within the overlapping area; that the design of
the proposed solar power project will ensure
safe and optimal development of solar energy
and other energy resources in the
overlapping area; and that all costs needed
therefor shall be borne by the interested
participant.

SEMG shall inform the existing applicant or energy
contractor/developer of the intent to develop the solar
energy resources within the overlapping area. Copies
of the interested participant's LOI, the written
explanation, and their supporting documents shall be
furnished to the existing applicant = or
contractor/developer.

If no objection is received from the existing applicant or
energy contractor/developer within ten (10) working
days from receipt of notice, SEMG shall upload in the
EVOSS System a Notice to Apply to the interested
participant for the filing of the SEOC Application.

If the existing applicant or energy contractor/developer
objects to the proposal, the said applicant or energy
contractor/developer shall notify SEMG thereof and
provide a copy to the interested participant within ten
(10) calendar days from receipt of notice, citing the
impracticability of multiple resource development as to
additional costs, safety, substantial decrease in the
utilization of the energy resource, and other relevant
factors. Copies of the written objection shall be
furnished to the DOE Division processing the
application or administering the energy project. A
statement that multiple resource development in the
overlapping area is impracticable without technical
basis shall not be considered as an objection.

Within five (5) calendar days from receipt of an
objection, SEMG and the concerned DOE Division
shall jointly determine whether the development of
solar energy resources within the overlapping area
may be conducted without material adverse effect on
the activities of the existing energy
contractor/developer. Such determination — shall
consider the interested participant's proposal, the
objection and the technical bases cited therein. The
evaluation shall be endorsed to the REMB Director.
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27.7.2.6. Upon receipt of the endorsement, the REMB Director
may, if he/she concurs that the solar power project will
not cause material injury, issue a recommendation to
the DOE Secretary based on the feasibility of multiple
resource development in the overlapping area, taking
into account the most beneficial use of the resources.

27.7.2.7. The DOE Secretary shall decide whether to allow
multiple resource development in the overlapping area.
lf the DOE Secretary allows the same, the REMB
Assistant Director shall issue a Notice to Apply to the
interested participant.

27.7.3. Other Areas. If the AOI of the interested participant overlaps
with the area as provided under Section 27.6.4, the interested
participant may still pursue the SEOC Application if there is no
material adverse effect on the feasibility of the proposed solar
power project after applying the provisions below:

27.7.3.1.If the AOI overlaps with areas within strict protection
zones under the ENIPAS and exclusion and no build
zones under the MSP of DOE, the interested participant
shall submit a revised AOI net of the said areas.

27.7.3.2.1f the AOI overlaps with areas outside strict protection
zones under the ENIPAS, the REMB Assistant Director
shall issue a Notice to Apply for the said AOI: Provided,
That the Contract Area may be reduced subject to the
ENIPAS and its IRR.

27.7.3.3.\f the AOI overlaps with ancestral domains with
Certificate of Ancestral Domain Title or Claim, the REMB
Assistant Director shall issue a Notice to Apply for the
said AOI: Provided, That the Contract Area may be
reduced subject to the IPRA and its IRR.

27.7.3.4. lf the AOI overlaps with areas with tenurial instruments
from other government agencies, the REMB Assistant
Director shall issue a Notice to Apply for the said AOI:
Provided, That the Contract Area may be reduced
subject to the relevant rules and regulations of the
concerned government agency.

27.7.3.5. lf the AOI overlaps with areas prohibited, reserved, or
used for national defense, navigation, irrigation, and
other development projects, and other areas, the REMB
Assistant Director shall issue a Notice to Apply for the
said AOI: Provided, That the Contract Area may be
reduced subject to the relevant rules and regulations of
the concerned government agency.
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27.7.3.6. lf the AOI is within the safety and exclusion zones for
offshore natural gas wells, flowlines, platform, pipelines,
loading buoy and other related facilities for the
Malampaya Deep Water Gas-To-Power Project over
certain waters and submerged lands adjacent to
Batangas, Mindoro and Palawan, the _ interested
participant shall secure a prior authorization from the
DOE and the DND, and prior consent from the Service
Contractor of SC No. 38 pursuant to Section 1 of
Proclamation No. 72, Series of 2001.

Part 3. Filing and Evaluation of Solar Energy Operating Contract Applications

27.8.

27.9.

Orientation of SEOC Applicant. The orientation is intended to inform
SEOC Applicant about the SEOC application requirements, and to guide
them through the process for evaluation thereof, awarding of SEOC and
the registration of a solar energy project.

The Notice to Apply uploaded in the EVOSS System shall include the
schedule of the mandatory orientation for SEOC Applicants, facilitated
by representatives from the LS, SEMG, and FS. The SEOC Applicant
shall ensure the attendance of legal, technical, and financial staff during
the orientation.

Receipt of Solar Energy Operating Contract Applications. After the
scheduled orientation, the interested participant may file its SEOC
Application by complying with the following procedures and
requirements:

27.9.1. The SEOC Applicant shall submit through the EVOSS System
the complete set of documentary requirements based on the
Checklist of Requirements (Annex “M’).

27.9.2. SEMG shail check the completeness and consistency of the
submission and {TMS shall validate the area applied for the
solar power project within three (3) working days.

27.9.3. If the submission is complete and the AOI is still free for
development, SEMG shall upload a copy of the order of
payment for the application and processing fees. The EVOSS
System shall notify the SEOC Applicant through a system-
generated email to pay the application and processing fees
within three (3) working days. Failure to do so will result in the
abandonment of the application. Within one (1) working day
from uploading, DOE shall validate the proof of payment.
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27.9.4.

27.9.5.

27.9.6.

27.9.7.

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The AOI is not reserved for the SEOC Applicant until the
complete application documents and proof of payment of
application and processing fees are submitted.

The EVOSS System shall notify LS, FS and ITMS of the
complete submission.

In case the AOI is no longer free for development, the SEOC
Applicant shall be notified through the EVOSS System and the
Application shall be denied accordingly.

To ensure the orderly processing of SEOC Applications, the
EVOSS System shall be modified such that ITMS must input
its confirmation therein that the AOI is available before a SEOC
Applicant can upload the documentary requirements. Pending
such modification, SEMG shall revalidate with ITMS whether
the AOI is open for application before issuing the order for the
payment of application and processing fees mentioned in
Section 27.9.3.

27.10. Proof of Access to Proposed Area of Interest. As part of the
application requirements, the SEOC Applicant shall submit proof of
ownership or possessory rights over real properties covered by the AOI.

27.10.1.

Acceptable Proof of Possessory Rights over Public Lands.
The SEOC Applicant may submit the following documents as
proof of possessory rights over public lands:

27.10.1.1. Permits and clearances issued in favor of the SEOC
Applicant by a government agency or instrumentality
that has jurisdiction over the AOI! authorizing the use
of such AOI for the Solar Power Project; or

27.10.1.2.Any other permits issued by the relevant
government agency or instrumentality, including
Notice of Award.

27.10.2. Acceptable Proof of Ownership or Possessory Rights over

Private Lands. In the order of precedence hereunder, any of
the following documents may be submitted by the SEOC
Applicant as proof of ownership or possessory rights over
private lands:

27.10.2.1. Certificates of title to the real properties in the name
of the SEOC Applicant; or

27.10.2.2. Contracts, deeds, agreements and the like that
unconditionally grant the SEOC Applicant
ownership or right to possess the real properties for
purposes of construction, installation, maintenance
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and operation of the solar energy project thereon;
or

27.10.2.3. Contracts, deeds, agreements, and the like that
unconditionally grant the SEOC Applicant an
exclusive option to acquire the ownership or the
right to possess the real properties: Provided, That
the right to construct, install, maintain and operate
the solar energy project thereon is vested unto the
SEOC Applicant.

27.10.3. Conflicting Claims over Private Lands. If there are conflicting
claims over the AOI, the conflict shall be resolved in favor of the
Applicant whose proof of ownership or possessory right has the
highest precedence based on the order of precedence set out
in Section 27.10.2.

27.10.4. Affidavit of Acquired Possessory Rights over Private
Lands. If, at the time the SEOC Application is filed, the
acceptable proof of ownership or possessory rights under
Section 27.10.2 are not available and the AO! is not subject of
a conflicting claim, the SEOC Applicant shall submit an Affidavit
of Acquired Possessory Rights executed strictly in accordance
with the template provided in Annex “N-1” hereof and a copy of
the Board Resolution authorizing the affiant to execute the
instrument on behalf of the SEOC Applicant.

The SEOC Applicant shall submit the acceptable proof of
ownership or possessory rights and supporting documents
mentioned in Sections 27.10.2 and 27.10.5 not later than thirty
(30) calendar days after the issuance of the COA or, if the SEOC
Applicant did not avail of the COA, after the execution of the
SEOC. Failure of the SEOC Applicant to submit such
documents within the prescribed period shall render the COA or
SEOC, whichever is applicable, void ab initio.

27.10.5. Supporting Documents. In addition to the acceptable proof of
ownership or possessory rights under Section 27.10.2, the
SEOC Applicant shall also submit all documents needed to
establish the authenticity and due execution of the contracts,
deeds, agreements, etc. mentioned in Sections 27.10.2.2 and
27.10.2.3, namely:

27.10.5.1. Board Resolution or Secretary's Certificate of the
SEOC Applicant and: (i) if the registered owner of
the real property is a corporation, Board Resolution
or Secretary's Certificate issued by such
corporation; or (ii) if the registered owner is acting
through a representative, a Special Power of
Attorney in favor of the registered owner's
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27.10.5.2.

27.10.5.3.

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representative, each authorizing the parties to enter
into the contracts, deeds, agreements, and the like;

Proof of identity of the registered owner and the
signatories to the contracts, deeds, agreements,
and the like; and

Three (3) specimen signature of the said
signatories:

Provided, however, That in cases where the right to
dispose of the real property has transferred wholly
or partly to persons other than the registered owner
either by succession or voluntary conveyance, the
judicial/extrajudicial settlement of the estate of the
deceased owner or of his/her spouse, or the deed
of conveyance, as the case may be, with the proof
of authority and proof of identity abovementioned,
shail be submitted by the SEOC Applicant.

The documents above shall be covered by a
scanned copy of the sworn statement of the SEOC
Applicant’s authorized representative containing
the details of the document/s constituting the proof
of ownership or possessory rights, as follows:

(a) The denomination of the contracts, deeds,
agreements, etc., the date/s of execution and
the term thereof, with inclusive dates;

(6) The names and addresses of the parties to the
contracts, deeds, agreements, etc., indicating
their relation, é.g., seller and buyer, lessor and
lessee, and the like;

(c) The specific section/clause in the contract,
deed, agreement, etc. by which the ownership
or possession of the real property is conveyed,
with the said provision quoted in full;

(d) An affirmation that the conveyance is effective,

or a summary of the limitations, conditions and

other terms that must be complied with before
the conveyance becomes effective;

~—

The date of notarization of the documents
above; and

(e

ee
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(f) A read-only Excel file and attached to the
sworn statement where the details below are
presented:

(i) The SEOC Applicant has the authority
to acquire ownership/possession and
that its counterparty in the contracts,
deeds, agreements, etc. has the right
and/or authority to dispose of the same
in favor the SEOC Applicant; and

(ii) The contract, deed, agreement, etc.
was executed by persons identified as
having the right to dispose of the
ownership or possession of the real
properties subject thereof.

27.10.6. Contracts, deeds, agreements, etc., powers of attorney, or any
other document mentioned above that are executed outside the
Philippines must be submitted with the corresponding apostille
or notarized, as the case may be.

27.11. Evaluation of Solar Energy Operating Contract Applications.

27.11.1.After the payment of the processing fee, SEMG, LS, and FS
shall conduct the simultaneous technical, legal, and financial
evaluations within five (5) calendar days from uploading of the
proof of payment of application and processing fees in the
EVOSS System.

27.11.2.Evaluation of Proof of Possessory Rights. As part of the
legal evaluation under Section 27.11.1, LS shall:

27.11.2.1.

27.11.2.2.

27.11.2.3.

Evaluate the certificates of title submitted by the
SEOC Applicant;

In the evaluation of the contracts, deeds,
agreements etc. mentioned in Sections 27.10.2.2
and 27.10.2.3, shall only consider the SEOC
Applicant's sworn statement and excel file attached
thereto; or

Evaluate the Affidavit of Acquired Possessory
Rights mentioned in Section 27.10.4.

DOE reserves the right to evaluate the SEOC
Applicant's proof of ownership or possessory rights
and supporting documents.
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27.11.3.SEMG shall consolidate all the evaluation results and proceed
with the processing of the application, as follows:

27.11.3.1.

27.11.3.2.

If the SEOC Application passes the evaluations,
SEMG shall, within two (2) calendar days from its
receipt of the evaluation documents, prepare
REMB’s memorandum for the DOE Secretary
endorsing the award of the SEOC Application; the
draft COA, as applicable; and the draft SEOC. The
endorsement must include the original copy of the
results of area verification and the legal, technical
and financial evaluations with all their attachments,
and the project area map and its’ technical
descriptions. Upon concurrence of ITMS, FS,
REMB and LS on the endorsement, the DOE
Secretary shall act on the SEOC Application in
accordance with Section 29.

If the SEOC Application does not pass the legal,
technical, and/or financial evaluations, SEMG shall
notify the SEOC Applicant through the EVOSS
System to rectify the submission within ten (10)
working days. SEMG shall check the completeness
of the submission within three (3) working days.
Such period for rectification and checking of
completeness of the rectification documents shall
be deemed outside of the EVOSS timeframe.

27.11.3.2.1.Failure of the SEOC Applicant to submit

supplementary documents within the
prescribed period shall be deemed an
abandonment of the SEOC Application.
SEMG shall notify the SEOC Applicant,
LS, FS, and ITMS of the disqualification
through the EVOSS System.

27.11.3.2.2.1f the SEOC Applicant submits

supplementary documents within the
prescribed period above and SEMG
determines that the submission is
incomplete, the SEOC Applicant shall
have the remainder of the rectification
period, if any, to submit the lacking
documents. Upon receipt of the said
documents, reevaluation shall proceed in
accordance with the next succeeding
subparagraph.

27.11.3.2.3.SEMG, LS and FS shall be notified by the

EVOSS System of the submission.
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SEMG, FS and LS shall finish the
simultaneous technical, legal, and
financial evaluations within three (3)
calendar days.

27.11.3.2.4.Should the SEOC Application still fail to
pass any of the subsequent legal,
technical, or financial evaluations, the
REMB _ Assistant Director shall
recommend the disqualification of the
SEOC Application to the Supervising
Assistant Secretary who shall then issue
a formal notice to the SEOC Applicant
stating the basis of the disqualification.
SEMG shall notify the SEOC Applicant,
LS, FS, and ITMS of the disqualification
through the EVOSS System. After five (5)
calendar days from receipt of the SEOC
Applicant of the letter of disqualification,
the REMB shall prepare a memorandum
to the ITMS to immediately re-open the
area for RE Applications by posting such
information on the DOE website and send
notifications to concerned interested
participants or RE Applicants through
electronic mail pending the necessary
modifications to the EVOSS System.

27.11.4. The SEOC Applicant shall submit all supplemental documents
through the EVOSS System. Documents submitted outside the
EVOSS System and those submitted through the EVOSS
System but beyond the prescribed period shall not be accepted
or evaluated. Further, the SEOC Applicant shall have a one-time
opportunity to address the deficiencies found after the
completeness check mentioned in Section 27.11.3.2.1, which
shall be made within the ten (10) working day period. The
remaining days, if there are any, shall be forfeited. Therefore, the
SEOC Applicant must ensure that all its documents are final and
complete before submitting the same through the EVOSS
System.

27.11.5.No RR of any of the legal, technical, financial evaluation or the
disqualification shall be entertained, except when the SEOC
Applicant failed to submit the required documents within the
prescribed timelines due to a fault in the EVOSS System, as
confirmed by the IPO. In such circumstances, the SEOC
Applicant may file the RR with REMB within three (3) working
days from uploading of the Notice of Disqualification.