Senate TWENTIETH CONGRESS OF THE Office of the Scartary REPUBLIC OF THE PHILIPPINES First Regular Session MAR 12 All :36 SENATE RECEIVED BY: S. No. 1965 (In Substitution of Senate Bill No. 1485) Prepared by the Committee on Energy with Senators Estrada and Cayetano, P. as authors AN ACT AMENDING SECTION 5 OF REPUBLIC ACT NO. 9367, OTHERWISE KNOWN AS THE "BIOFUELS ACT OF 2006" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Section 5 of Republic Act No. 9367, otherwise known as the "Biofuels
Act of 2006", is hereby amended to read as follows: "Sec. 5. Mandatory Use of Biofuels. - Pursuant to the above policy, it is hereby mandated that all liquid fuels for motors and engines sold in the Philippines shall contain locally-sourced biofuels components as follows: 5.1 xxx 5.2 xxx 5.3 xxx Within two years from the effectivity of this Act, the NBB created under this Act is empowered to determine the feasibility and thereafter recommend to DOE to mandate a minimum of two percent (2%) blend of biodiesel by volume which may be increased taking into account considerations including but not limited to domestic supply and availability of locally-sourced biodiesel component. 5.4. THE PRESIDENT, UPON THE RECOMMENDATION OF THE NBB AND THE DOE, MAY AUTHORIZE THROUGH AN EXECUTIVE ORDER, FOR A PERIOD NOT LONGER THAN
ONE (1) YEAR, THE IMPORTATION OF BIOFUEL COMPONENTS SUCH AS BIOETHANOL AND BIODIESEL REGARDLESS OF THE SUPPLY LEVEL OF LOCALLY PRODUCED BIOFUEL COMPONENTS, IF THE PRICE OF BLENDED GASOLINE AND/OR DIESEL ENGINE FUELS IS HIGHER BY AT LEAST FIVE PERCENT (5%) COMPARED TO PURE GASOLINE AND/OR DIESEL ENGINE FUELS. THE PROCEEDS FROM TARIFFS AND TAXES IMPOSED ON THE IMPORTATION OF BIOFUEL COMPONENTS DURING THE EFFECTIVITY OF THE EXECUTIVE ORDER SHALL BE EARMARKED FOR THE IMPLEMENTATION OF SOCIAL AMELIORATION PROGRAMS FOR FARMERS AND WORKERS IN THE DOMESTIC BIOFUELS INDUSTRY BY THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE, AND OTHER CONCERNED GOVERNMENT DEPARTMENTS OR AGENCIES."
Sec. 2. Implementing Rules and Regulations. - The Department of Energy, in
consultation with the National Biofuels Board, other agencies concerned, and the stakeholders, shall, within thirty (30) days from the effectivity of this Act, promulgate the rules and regulations to effectively implement the provisions of this Act.
Sec. 3. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.
Sec. 4. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, rule or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.
Sec 5. Effectivity Clause. - This Act shall take effect after fifteen (15) days
following its complete publication in the Official Gazette or a newspaper of general 30 circulation. Approved,