Is it high time to abolish the Electric Power Industry Reform Act (EPIRA), which has seemingly failed to keep up with emerging technologies and consumer needs?

“Sa tingin ko po hindi naman ibasura pero (I think we should not abolish it exactly but) definitely, dapat siyang i-review. Kasi po matanda na din ‘yung batas (it needs to be reviewed. The law is already old).”

This was the reply to congressmen by Energy Regulatory Commission (ERC) Chairperson and Chief Executive Officer Monalisa Dimalanta during the budget deliberations of the Department of Energy (DOE) before the House Committee on Appropriations on Thursday, Sept. 1.

She argued that the law, which was passed in 2001 to ensure competitions in the market and privatize the transmission, distribution, and supply of the power sector, needs to take into account the investment conditions and “evolving energy systems” of today.

Dimalanta explained that EPIRA was made for a highly-centralized system since it was the norm two decades ago.

But she noted how the current technology allows for the decentralization of the energy system, which EPIRA does not allow.

“When it’s agreeable, once development and technology met and we can lay down consumer choice, I think that’s a game changer for our industries,” she said in a mix of English and Filipino.

This response came after ACT Teachers Party-list Rep. France Castro raised the question on EPIRA’s effectivity and whether it is time to abolish the law.

“Taas ng presyo ng kuryente pero panay (Electricity is so expensive and yet there's always a) brownout. Nakakapeste (It's annoying),” she said during the hearing.

She stressed that EPIRA should already be abolished since the energy executives weren’t able to provide a clear answer on how to solve the high energy cost and brownouts despite the provisions in the EPIRA.

DOE Assistant Secretary Mario Marasigan shared that the agency is currently reviewing the EPIRA.

“Alam po natin na hindi lahat ng probiso ng EPIRA ay naisagawa kung kaya hinahanap po natin kung ano ‘yung mga probiso na pwede nating baguhin upang makamit ang tinatawag na layunin ng ating batas (We know that not all the provisions of EPIRA have been implemented that’s why we’re looking for the provisions that we can change to fulfill what we call the goals of the law),” he said.

Marasigan himself admitted to Albay 2nd district Rep. Joey Salceda that the Philippines has the highest price of electricity among the member-states of the Association of Southeast Asian Nations (ASEAN).

But the Albay lawmaker and economist said that EPIRA failed to fulfill its promise of making the market competitive since the cost of electricity in the country has not gone down in the last 22 years.

Although EPIRA should also “ensure supply", it had not done so as power outages are still a regular occurrence in many parts of the country.

Salceda lamented that investors are hindered by the problems in the ease of doing business and the high energy cost.

“My only request to you, all these conglomerates they have enough. Please always decide on the side of consumer,” the lawmaker appealed to the energy executives.