Republic Act 11572 (PERPI Act) of July 20, 2021 established the Philippine Energy Research and Policy Institute. The Institute was attached to the University of the Philippines and serves as the central research and development learning venue of the State in the fields of energy security, equity and sustainability.
I was invited as President of Laban Konsyumer Inc. by the Dean of the U. P. College of Law to submit our comments on the draft IRR of the PERPI Act. The U.P. President appointed the Dean as Chairperson of the Technical Working Group which was tasked to craft the Implementing Rules and Regulations of the Act.
Among the powers and functions of the Institute is to conduct research and development on energy, energy markets, public policy issues including the consumer impacts of energy policy and programs. Thus, our comments are focused on the consumer impacts of energy policies and programs
Our comments and recommendations are (edited for space):
On Rule 1 Preliminary Provisions
- On Section 1 (c), we propose to insert “access to energy resources at reasonable prices ‘‘. This proposal is aligned with Section 5 of the PERPI Act that the Institute shall formulate and conduct energy research and development on other issues including the “consumer impacts of energy policy and programs “.
Thus the section should read as follows, to wit, “Formulate multidisciplinary or transdisciplinary research-based policies and strategies for the cost-effective use of energy resources towards environmentally sound energy development and access of consumers to energy resources at reasonable prices.
- We propose Section 1 (d) to read as follows xxx “Promote, enhance and strengthen research efforts in the public and private sectors that are focused on sustainable, efficient and equitable indigenous energy sources.
- On Section 2, we propose that the Executive Director be allowed to exercise sound discretion and greater flexibility in inviting resource persons who represent either institutions to be invited as resource person.
- On Section 3, (b), we propose a wider definition of private stakeholders to include not only the business and proprietary entities engaged in the varied fields of energy. “Private stakeholders” should also include civil society, NGOs and non-stock, nonprofit and nonpolitical consumer associations that are duly registered entity under the law. These groups can share their experiences and perspective on the consumer impact of energy programs and policies to the Institute.
- On Section 4 (c), the Institute should insulate itself and maintain an arm’s length relationship with the DOE and the ERC and other entities in the energy fields.
On Rule 2 –Organization and Governance
- The nominee of the private sector representative should possess significant and recognized experience in any of the phases of the energy industry that qualify the nominee as an expert.
- We caution the creation of too many committees and ad hoc groups. Our fear is the Institute may develop the syndrome of simply adopting studies of the committees.
- On meetings of the Institute, the IRR should discourage members from voting “did not participate “or “do not agree” on any significant item in the agenda.
- We support education and training. However, the Institute should take measures to prevent itself from falling into prey to conflict of interest situations.
On Rule 3 Research Data and Information
- The Institute should institute a policy that all research data derived and developed under the PERPI Act are owned and belong to the State and to be administered by the Institute. The ownership of such data should be protected by provisions of existing intellectual property rights and other laws.
- Any commercial development of technologies and studies derived in the course of the operation of the Institute may be authorized by a licensing and permit system. The holder of such license and permit holds the commercial development as a trustee on behalf of the State as administered by the Institute.
On Rule 4 Fiscal Matters
- The Institute should define conflict of interest that may compromise the mandate of the Institute. The Institute should carefully ponder whether to accept grants and donations from the business side of the private sector.
- The Institute may consider requesting that all appropriations of other government agencies, institutions and universities that are directly related to the mandate and objectives of the Institute under the PERPI Act be transferred and centralized in the Institute.
Atty. Vic Dimagiba
President, Laban Konsyumer Inc., AB, LLB, LLM
Email at [email protected]