Department Circular No. 98-06-009
SUPPLEMENTING RULES
WHEREAS,
the
Department of Energy (DOE) issued on
11 March 1998, Department Circular No.
98-03-004,
entitled “Rules and Regulations Implementing Republic Act 8479,
Downstream Oil Industry Deregulation Act of 1998,” which took effect on
13 March 1998;
WHEREAS,
there is a need to enunciate more fully the powers and functions of the
DOE Secretary provided in Section 15 of the
Act to apprise all persons and entities involved in the downstream oil industry
activities or businesses for a more effective enforcement of the Act;
WHEREAS,
a separate set of criminal sanctions has been provided under Section 12 of the
Act whereby any person, including, but not limited to the chief operating
officer or chief executive officer of a partnership, corporation or any entity
involved, found guilty of refusing to comply with any order or instruction of
the
DOE Secretary issued in the exercise
of his enforcement powers under Section 15 of the Act shall suffer the penalty
of imprisonment for two (2) years and fine ranging from Two hundred fifty
thousand pesos (P 250,000.00) to Five hundred thousand pesos (P 500,000.00);
NOW,
THEREFORE, a new section is hereby incorporated in
Department
Circular No. 98-03-004, particularly Section 19-A thereof to implement
Section 15 of the Act, to read as follows:
“SECTION 19-A. ADDITIONAL POWERS
OF THE
DOE SECRETARY
In connection with the enforcement of
R.A. 8479, the
DOE
Secretary shall have the following powers:
a. Submission
of Documents Concerning Organization
1. Other
than the prior notice and reportorial requirements prescribed under
Department Circular No. 98-03-004, dated March 11,
1998, the
Secretary, from time to time,
may order or require any person or entity in the Industry to submit
information, papers and documents concerning the organization, business,
conduct, practices, and management of such person or entity.
2. The
abovementioned information, papers and documents shall be submitted to the
Secretary not later than fifteen (15)
calendar days from receipt of such Order, unless another period is otherwise
provided in said order.
b. Submission
of Annual or Special Reports
1. Filing
of annual or special report
The
Secretary
may require, by general or special orders, persons or entities engaged in a
particular activity of the Industry to file, under oath, an annual or special
report, or both in such form as the
Secretary
may prescribe as to the organization, business, conduct, practices, management
and relation to other corporations, partnerships, and individuals of the
respective persons or entities filing such a report.
2.
Requirement to answer specific questions
The
Secretary may likewise require, by general
or special orders, said persons or entities to answer specific questions in
writing, furnishing to the
Secretary such information,
papers, documents, contracts or agreements, deeds, resolutions or other
writings of whatever nature or kind, as he may require.
3. Filing
of answer/report under oath
Such reports and/or answer shall be
filed with the
Secretary under oath and
within such reasonable time as the Secretary may prescribe.
c. Investigation
upon the Discretion of the President or Congress
Upon their discretion, the President
of the
d. Recommendation
for the Readjustment of Business
Upon the application of the
Secretary of Justice, the
DOE Secretary may investigate and make
recommendations for the readjustment of the business of any person or entity
alleged to be violating the
Act in order that such
person or entity may thereafter maintain his or its organization, management,
and conduct of business in accordance with law.
e. Suspension
of Business Permit
At any time during an investigation of
any violation of the
Act, the Secretary may recommend to
the proper government agency the suspension of the business permit of an
offender. Whenever a final order
has been entered against any person found to have violated any provision of the
Act, the
Secretary
shall recommend to the proper government agency the termination of said
business permit of said offender.
f. Establishment
of Programs for Continuous Supply of Energy
Consistent with Section 15 (f) of the
Act in relation to Section 5 (c) and Section 12 (c) (2) of
the
Republic Act 7638, otherwise known as the
“Department of Energy Act of 1992,” the
Secretary may establish and administer
programs and plans for the transportation, marketing, distribution,
utilization, conservation, stockpiling and storage of crude oil and petroleum
products to ensure a continuous, adequate and economic supply of energy.
g. Public
Disclosure and Submission of Reports to Congress
1. Public
Disclosure
The
Secretary
may make public from time to time all or such portions of any information obtained
by him in the exercise of his powers under the
Act as
are in the public interest: Provided, That the
Secretary shall not make public any trade
secret or any commercial or financial information which is obtained from any
person or entity which is privileged or confidential, except that the
Secretary may disclose such information to
any officer or employee of appropriate law enforcement agencies upon the prior
certification by an officer of such law agencies that such information will be
maintained in confidence and will be used only for official law enforcement
purposes.
2. Submission
of Reports to Congress
The
Secretary
shall make annual and special reports to Congress pertaining to the enforcement
of the
Act and to submit appropriate recommendations for
additional legislation.
3. Publication
of Reports and Decisions
The
Secretary
shall cause the publication of his reports and decisions in such form and
manner as may be best adapted for public information and use, consistent with
existing rules and regulations.
h. Implementation/Execution
of Final Orders
Whenever a final order has been
entered against any defendant in any suit brought by the government to prevent
and restrain any violation of the anti-trust provisions of the
Act, the
Secretary,
upon his initiative, or upon the recommendation of the
Secretary of Justice, shall make an
investigation of the manner in which such final order has been or is being
carried out.
The
Secretary
shall transmit to the
Secretary of Justice
a report embodying his findings and recommendations as a result of any such
investigation, and the report may be made public at the discretion of the
DOE Secretary.
i. Delegation
of Powers
Pursuant to Section 7 (8) of Chapter
2, Book IV of the Administrative Code of 1987 (Executive Order No. 292), the
Secretary may delegate any or all of his
authority provided herein, to officers and employees under his direction.
j. Penal
Sanctions
Any person, including but not limited
to the chief operating officer or chief executive officer of a partnership, corporation
or any entity involved, who is found guilty of refusing to comply with any
order or instruction of the
DOE Secretary
issued in the exercise of his enforcement powers under Section 15 of the Act
shall suffer the penalty of imprisonment for two (2) years and fine ranging
from two hundred fifty thousand pesos (P 250,000.00) to five hundred thousand
pesos (P 500,000.00).”
k. Effectivity
This Department Circular shall take
effect immediately upon its complete publication in at least two (2) newspapers
of general circulation.
FRANCISCO L. VIRAY
Secretary
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