RESOLUTION AMENDING THE GUIDELINES TO GOVERN THE IMPOSITION OF ADMINISTRATIVE SANCTIONS IN THE FORM OF FINES AND PENALTIES PURSUANT TO SECTION 46 OF REPUBLIC ACT NO. 9136

This is to amend Sections 4 and 5, Article III of the
GUIDELINES TO GOVERN THE IMPOSITION OF ADMINISTRATIVE SANCTIONS IN THE
FORM OF FINES AND PENALTIES PURSUANT TO SECTION 46 OF REPUBLIC ACT NO.
9136 (“Guidelines”) approved on May 17, 2002 to read as follows:

“ARTICLE III
ADMINISTRATIVE SANCTIONS

Section 4. Non-Submission of Documents. – Any person who,
without justifiable reason, fails to submit the documents in compliance
with the ERC’s List of Reportorial Requirements or any other documents
which the ERC may require from time to time, shall be subject to the
following sanctions:

No. of Violation	Basic Amount of Penalty	Additional Penalty to be Imposed for the Delay in the Compliance from Notification
1st violation	PhP50,000.00	a. More than 1 (one) month but less than three (3) months 10% of the basic amount of penalty
2nd and 3rd violations	PhP100,000.00	b. Three (3) months to six (6) months – 50% of the basic amount of penalty.
4th and subsequent violations	PhP200,000.00	c. More than six (6) months-50% of the basic amount of penalty for every month of delay

If the reports/documents submitted contain fraudulent information/data, the same shall be treated as non-compliance with the preceding paragraph and shall be subject to the following sanctions:

No. of Violation	Basic Amount of Penalty	Additional Penalty
1st violation	PhP200,000.00	a. 50% of the basic amount of penalty if there were Financial benefits that may be derived as a result of the violation
2nd violation	PhP300,000.00	b.75% of the basic amount of penalty if the violation is intended to conceal illegal acts
3rd violation and subsequent violations	PhP500,000.00 and cancellation of the Certificate of Public Convenience and Necessity (CPCN) License and the Franchise for Consortium	c. 100% of the basic amount of penalty if the violation directly affects the consumers

The official or personnel of the juridical entity solely responsible for the submission of the fraudulent reports shall be subject to the following sanctions:

No. of Violation	Amount of Penalty
1st violation	PhP100,000.00
2nd violation	PhP200,000.00
3rd and subsequent violations	PhP400,000.00

For purposes of these Guidelines, the responsible officer being
referred to in the preceding paragraph are those who have directly
participated in, or have authorized the preparation of such
reports/documents.

No compromise agreement shall be allowed in cases where the same violation was committed more than once.

SECTION 5. NON COMPLIANCE WITH THE PROVISIONS OF THE ACT AND ITS
IRR, GRID AND DISTRIBUTION CODES, RULES REGULATIONS, ORDERS,
RESOLUTION AND OTHER LAWS OF THE ERC. Any person who has been found to
have committed a violation of any provisions of the Act and its IRR, the
Philippine Grid and Distribution Codes (PGDC), rules, regulations,
orders, resolutions and other laws the implementation and enforcement of
which are delegated to the ERC, including but not limited to the
following, shall be subject to the following sanctions:

x         x         x

No. of Violation	Basic Amount of Penalty	Additional Penalty shall be Imposed for Any Willful Delay in the Implementation
1st and 2nd violation	PhP100,000.00	a. 10% of the basic amount of penalty if the compliance was made after one (1) month from notice.
3rd and 4th violations	PhP300,000.00	b. 50% of the basic amount of penalty if the compliance was made after two (2) months from notice.
5th and subsequent violations	PhP500,000.00 and Cancellation penalty if the compliance of the Certificate of Public Convenience and Necessity (CPCN), License and the Franchise for Consortium	c. 100% of the basic amount was made after three (3) Months from notice.

No compromise agreement shall be allowed in cases where the same violation was committed more than once.

This Resolution shall take effect fifteen (15) days after
publication in two (2) newspapers of general circulation in the country.

Let copies of this Resolution be furnished the University of the
Philippines Law Center-Office of the National Administrative Register
(UPLC-ONAR) and all entities engaged in the generation, transmission,
distribution and supply of electricity.

Adopted: 23 Feb. 2009

(SGD.) ZENAIDA G. CRUZ-DUCUT Chairperson
(SGD.) RAUF A. TAN Commissioner	(SGD.) ALEJANDRO Z. BARIN Commissioner
(SGD.) MARIA TERESA A.R. CASTANEDA Commissioner	(SGD.) JOSE C. REYES Commissioner