- Simate in of tie So cater TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 AUE -7 P1 22 First Regular Session ) SENATE RECEIVED BY: S.B. No. 1090 Introduced by SEN. WIN GATCHALIAN AN ACT AMENDING REPUBLIC ACT NO. 7638 OTHERWISE KNOWN AS THE DEPARTMENT OF ENERGY ACT OF 1992 EXPLANATORY NOTE There are few industries more technical in nature than the energy industry where the steep learning curve is overcome not only by sheer capability and knowledge but by experience and exposure. The Secretary, as the head of the Department of Energy (DOE), is tasked with the implementation of the overall energy policy of the country! and supervision of all energy related programs, projects and activities and is thus expected to have a deep understanding of the energy industry. This measure seeks to remove the prohibitive provision which makes persons otherwise having the required knowledge and experience ineligible for appointment as Secretary of the DOE, while still safeguarding against conflicts of interest by mandating the (1) public disclosure of prior involvement or connection with any energy industry participant, the (2) divestment of any and all interests in any energy industry participant, and (3) termination of any directorship, employment, consultancy, contract of service or any connection with any energy participant. 1 Section 5(a) of Republic Act No. 7638. 2 Section 5(d) of Republic Act No. 7638.
This bill therefore endeavors to ensure that qualified knowledgeable and experienced persons are eligible to lead the DOE without conflicts of interest. Given the foregoing, the immediate passage of this measure is sought. - Зачино WIN GATCHALIAN
Sciate Online of the se sminer TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 25 AUG -7 P1:22 S. B. No. SENA 090 RECEIVED BY: Introduced by Senator Sherwin Gatchalian AN ACT AMENDING REPUBLIC ACT NO. 7638 OTHERWISE KNOWN AS THE DEPARTMENT OF ENERGY ACT OF 1992 Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 8 of Republic Act No. 7638 is hereby amended to read as
follows: "SECTION 8. The Secretary. - The Secretary shall be appointed by the President, subject to confirmation by the Commission on Appointments. [No officer, external auditor, accountant, or legal counsel of any private company or enterprise primarily engaged in the energy industry shall be eligible for appointment as Secretary within two (2) years from his retirement, resignation, or separation therefrom.] THE SECRETARY SHALL, UPON APPOINTMENT: A) PUBLICLY DISCLOSE THE FOLLOWING: (i) ANY DIRECTORSHIP, EMPLOYMENT, CONSULTANCY, CONTRACT OF SERVICE,
PECUNIARY CONNECTION WITH, OR INTEREST IN ANY ENERGY INDUSTRY PARTICIPANT IN THE PAST FIVE (5) YEARS PRIOR TO THE APPOINTMENT; (ii) IF A SPOUSE, PARTNER, AND ANY RELATIVE BY CONSANGUINITY OR AFFINITY WITHIN THE FOURTH CIVIL DEGREE IS A DIRECTOR, OFFICER, EMPLOYEE, CONSULTANT, OR HAS A CONTRACT OF SERVICE, ANY CONNECTION, OR PECUNIARY INTEREST IN ANY ENERGY PARTICIPANT IN THE PAST FIVE (5) YEARS PRIOR TO THE APPOINTMENT; B) DIVEST, THROUGH SALE OR LEGAL DISPOSITION, ANY AND ALL INTERESTS IN ANY ENERGY INDUSTRY PARTICIPANT; AND C) TERMINATE ANT DIRECTORSHIP, EMPLOYMENT, CONSULTANCY, CONTRACT OF SERVICE, OR ANY CONNECTION WITH ANY ENERGY INDUSTRY PARTICIPANT. XXX"
SECTION 2. Separability Clause. - Should any provision of this Act be held
unconstitutional, no other provision hereof shall be affected thereby.
SECTION 3. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation. Approved,