Professional Documents
Culture Documents
Tenth Congress
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July,
nineteen hundred and ninety-seven.
SECTION 1. Short Title. - This Act shall be b) Board shall refer to the Energy
known as the Downstream Oil Industry Regulatory Board;
Deregulation Act of 1998.
c) BOI shall refer to the Board of
SEC. 2. Declaration of Policy. - It shall be Investments;
the policy of the state to liberalize and deregulate
the downstream oil industry in order to ensure a d) Crude Oil shall refer to oil in its natural
truly competitive market under a regime of fair state before the same has been refined or
prices, adequate and continuous supply of otherwise treated, but excluding water, bottoms,
environmentally-clean and high quality sediments and foreign substances;
petroleum products. To this end, the State shall
promote and encourage the entry of new e) Dealer shall refer to any person, whether
participants in the downstream oil industry, and natural or juridical, who is engaged in the
introduce adequate measures to ensure the marketing and direct selling of petroleum
attainment of these goals. products to motorists, end users, and other
consumers;
SEC. 3. Coverage. - This Act shall apply to
all persons or entities engaged in any and all the f) DOE shall refer to the Department of
activities of the domestic downstream oil Energy;
industry, as well as persons or companies
directly importing refined petroleum products for g) DOJ shall refer to the Department of
their own use. Justice;
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SEC. 8. Powers of the Board Upon the Transition Phase, maintain the current
Notice and Hearing. - The Board shall have margins of dealers and rates charged by water
the power: transport operators, haulers and pipeline
concessionaires. Depending on the basis of the
a) To set the wholesale posted price of APM, the Board shall, within one (1) month after
petroleum products during the Transition the effectivity of this Act and after proper notice
Phase. and full public hearing, prescribe a formula
For this purpose and for the protection which will automatically set the margins of
of the public interest, the Board shall, after marketers and dealers, and the rates charged by
due notice and hearing at which any water transport operators, haulers and pipeline
consumer of petroleum products and other concessionaires: Provided, That such formula
parties who may be affected may appear and shall take effect simultaneously with the
be heard, and within one (1) month after the effectivity of the automatic oil pricing formula.
effectivity of this Act, approve a market- Thereafter, the Board shall set the said margins
oriented formula to determine the WPP of and rates based on the approved formula without
petroleum products based solely on the the necessity for public notice and hearing.
changes of either the Singapore Posting of The Board shall, on the day of the effectivity
refined petroleum products, the SIP or the of the aforesaid formula, publish in at least
crude landed cost. two(2) newspapers of general circulation the
Thereafter, the Board shall at the proper mechanics of the formula for the information of
times automatically adjust the WPP or the public.
petroleum products based on the approved
formula, through appropriate orders, without CHAPTER VI
the need for notice and hearing. FULL DEREGULATION PHASE
The Board shall, on the dates of
effectivity of the automatic oil pricing SEC. 19. Start of Full Deregulation. - Full
formula, the initial WPP or the adjusted deregulation of the Industry shall start five (5)
WPP, publish the same, together with the months following the effectivity of this Act:
corresponding computation in two (2) Provided, however, That when the public interest
national newspapers of general circulation. so requires, the President may accelerate the start
of full deregulation upon the recommendation of
b) Paragraph 1 of Letter of Instruction No. the DOE and department of Finance (DOF) when
1441, to read as follows; the prices of crude oil and petroleum products in
the world market are declining and the value of
1. To review and reset prices of the peso in relation to the US dollar is stable,
domestic petroleum products up or down as taking into account relevant trends and
necessary on or before the third Monday of prospects: Provided, further, That the foregoing
each month to reflect the new WPP of provision notwithstanding, the five (5)-month
refined petroleum products based on the Transition Phase shall continue to apply to LPG,
approved automatic pricing formula. regular gasoline and kerosene as socially-
sensitive petroleum products and said petroleum
c) Paragraph 2 of Letter of Instruction No. products shall be covered by the automatic
1441 is hereby deleted in lieu thereof a new pricing mechanism during the said period.
paragraph is inserted to read as follows: Upon the implementation of full deregulation
as provided herein, the Transition Phase is
2. The price adjustment shall be deemed terminated and the following laws are
reflected automatically in the approved WPP repealed:
of each petroleum product.
a) Republic Act No. 6173, as amended;
d) The provisions of Section 3(a) and (c) and b) Section 5 of Executive order No. 172, as
Section 5 of Executive Order No. 172 to the amended;
contrary notwithstanding, the Board shall, during
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c) Letter of Instruction No. 1431, dated SEC. 22. Initial Public Offering. - In
October 15, 1984 compliance with the constitutional mandate to
d) Letter of Instruction No. 1441, dated encourage private enterprises to broaden their
November 20, 1984, as amended; base of ownership and in recognition of the vital
e) Letter of Instruction No. 1460, dated May role of oil in the national economy, any person or
9, 1985; entity engaged in the oil refinery business shall
f) Presidential Decree No. 1889; and make a public offering through the stock
g) Presidential Decree No. 1956, as amended exchange of at least ten percent (10%) of its
by Executive Order No.137; common stock within a period three (3) years
from the effectivity of this Act or the
Provided, however, That in case full commencement of its refinery operations:
deregulation is started by the President in the Provided, That no single person or entity shall
exercise of the authority provided in this Section, be allowed to own more than five percent (5%)
the foregoing laws shall continue to be in force of the stock offering: Provided, further, That any
and effect with respect to LPG, regular gasoline crude oil refining company and any stockholder
and kerosene for the rest of the five (5)-month thereof shall not acquire, directly or indirectly,
period. any share of stock offered by any other crude oil
refining company pursuant to this Section:
SEC. 20. Jurisdiction on Pricing of Piped Provided, Finally, That any such company which
Gas. Section 3 of Executive Order No. 172, is made the requisite public offering before the
hereby amended to read as follows: effectivity of this Act shall be exempted from the
requirement.
SEC. 3. Jurisdiction, Powers and
Functions of the Board. - The Board shall, SEC. 23. Implementing Rules and
upon proper notice and hearing, fix and Regulations. - The DOE, in coordination with
regulate the rate schedule or prices of piped the Board, the DENR, DFA, Department of
gas to be charged by duly franchised gas Labor and Employment (DOLE), Department of
companies which distribute gas by means of Health (DOH), DOF, DTI, National Economic
underground pipe system. and Development Authority (NEDA) and TLRC,
shall formulate and issue the necessary
CHAPTER VII implementing rules and regulations within sixty
FINAL PROVISIONS (60) days after the effectivity of this Act.
SEC. 21. OPSF Balance. - All outstanding SEC. 24. Penal Sanction. - Any person who
claims against OPSF as of the effectivity of this violates any of the provisions of this Act shall
Act, subject to the existing auditing rules and suffer the penalty of three (3) months to one (1)
regulations of the Commission on Audit (COA) , year imprisonment and a fine ranging from Fifty
shall be considered as accounts payable of the thousand pesos (P50,000.00) to Three hundred
National Government. For this purpose, any law thousand pesos P300,000.00).
to the contrary notwithstanding, the
reimbursement certificates issued by the DOE SEC. 25. Public Information Campaign.-
covering the said outstanding claims shall be The DOE, in coordination with the Board and
honored and accepted by the Bureau of the Philippine Information Agency (PIA), shall
Customs and the Bureau of Internal Revenue as undertake an information campaign to educate
payment to the extent of ten percent (10%) per the public on the deregulation program of the
payment of the tariff duties and specific taxes Industry.
due from the creditor-claimants against the
OPSF until such claims are settled in full: SEC. 26. Budgetary Appropriations. - Such
Provided, That the reimbursement certificates amounts as may be necessary to effectively
shall not be transferable. implement this Act shall be taken by the DOE
from its annual appropriations, the DOEs
Special Fund created under Section 8 of
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Presidential Decree No. 910, as amended, and
such amount allocated under Section 10 of this
Act.
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Approved,
This Act, which is a consolidation of Senate Bill No. 2388 and House Bill No. 10363
was finally passed by the Senate and the House of Representatives on February 6, 1998.
Approved:
10 February 1998
FIDEL V. RAMOS
President of the Philippines
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