172, is hereby amended to read as follows: "Sec. OF REPUBLIC ACT 9003 . To ensure compliance with the provisions of this Act, the refusal to comply with any of the following shall likewise be prohibited: (a) submission of any reportorial requirements;cralaw, (b) use of clean and safe (environment and worker-benign) technologies;cralaw, (c) any order or instruction of the DOE Secretary issued in the exercise of his enforcement powers under Sec. Title. Title and Scope of Act. AN ACT. Pursuant to the provisions of Section 34 of Republic Act No. Short Title. BY REPUBLIC ACT NO. 29. Title These Rules shall be known and cited as the Rules and Regulations Implementing Republic Act No. 9155, otherwise known as “Governance of Basic Education Act of 2001,” hereinafter referred to as the “Act”, the following Rules and Regulations are hereby promulgated: RULE I. 9858 (An Act Providing for the Legitimation of Children Born to Parents Below Marrying Age, Amending for this Purpose the Family Code of the Philippines, as amended) LIBERALIZATION OF THE DOWNSTREAM OIL INDUSTRY AND PROMOTION OF FREE COMPETITION, Sec. The DOE, in coordination with the Board, the DENR, DFA, Department of Labor and Employment (DOLE), Department of Health (DOH), DOF, DTI, National Economic and Development Authority (NEDA) and TLRC, shall formulate and issue the necessary implementing rules and regulations within sixty (60) days after the effectivity of this Act.chanrobles virtualaw library, Sec. The 2020 Implementing Rules and Regulations of Republic Act No. 226, otherwise known as the "Omnibus Investments Code of 1987". Declaration of Policy. implementing rules and regulations of republic act no. THE Barangay Ginebra Gin Kings captured the coveted All-Filipino … These rules are hereby promulgated to prescribe the procedures and guidelines for the implementation of Republic Act No. (d) The provisions of Section 3 (a) and (c) and Section 5 of Executive Order No. Definition of Terms. Jurisdiction on Pricing of Piped Gas. Section 2. Sec. Section 17. – The DOE, the Department of Foreign Affairs (DFA) and the DTI shall jointly formulate and establish a program that will promote the entry of new participants in the Industry. Of this amount, two percent (2%) plus any additional funding shall be allocated for he two-fold program; one percent (1%) plus any additional funding shall be set aside for administrative, maintenance, and other operating expenses; ninety-four percent (94%) shall be used exclusively for lending and financial assistance; the remaining three percent (3%) shall be utilized in accordance with the provisions of Sec. 11479 or the Anti-Terrorism Act of 2020, the most contested law in the Philippine history. Hon. IMPLEMENTING RULES AND REGULATIONS . Monitoring. – This Act shall be known as the "Downstream Oil Industry Deregulation Act of 1998." 21. 8479 (R.A.8479), otherwise known as the "Downstream Oil Industry Deregulation Act of 1998" tasked the DOE, Bureau of Philippine Standards (BPS) of the Department of Trade and Industry (DTI), Department of Environment and Natural Resources (DENR), Department of Science and Technology (DOS T), representatives of the fuel and automotive industries … Republic Act No. Section 2. if (yr!=1998) notice to comply with section 4 (vv) of republic act no. – This Act shall be known as the "Downstream Oil Industry Deregulation Act of 1998.". Coverage. Any provision of the law to the contrary notwithstanding, the said incentives may be availed by persons with new investments for a period of five (5) years from registration with the BOI: Provided, however, That in the storage, marketing and distribution of petroleum products, only the investments of new industry participants shall be entitled to incentives provided in the said Code. Sec. 2. To this end, the State shall promote and encourage the entry of new participants in the downstream oil industry, and introduce adequate measures to ensure the attainment of these goals. (d) Any report from any person of an unreasonable rise in the prices of petroleum products shall be immediately acted upon. Copyright © (b) Paragraph 1 of Letter of Instruction No. "Thereafter, the Board shall at the proper times automatically adjust the WPP of petroleum products based on the approved formula, through appropriate orders, without the need for notice and hearing. Tariff Treatment. 6173, as amended by Sec. 172, to read as follows: "Sec. – To the extent applicable, persons with new investments as determined by the DOE and registered with the BOI in refining, storage, marketing and distribution of petroleum products, shall be extended the same incentives granted to BOI-registered enterprises engaged in a preferred area of investments pursuant to Executive Order No. Declaration of Policy. Short Title. Declaration of Policy. 69699, entitled “ Department of Agrarian Reform (DAR) vs. Hon. 7. 10068 or Organic Agriculture Act of 2010. The "Reserve Control Account" refers to a lump sum collation of reserve impositions deducted from the appropriations approved by Congress for the operation of the government and the implementation of projects and programs.chanrobles virtualaw library. – Any law to the contrary notwithstanding, any person or entity may import or purchase any quantity of crude oil and petroleum products from a foreign or domestic source, lease or own and operate refineries and other downstream oil facilities and market such crude oil and petroleum products either in a generic name or his or its own trade name, or use the same for his or its own requirement: Provided, That any person who shall engage in any such activity shall give prior notice thereof to the DOE for monitoring purposes: Provided, further, That such notice shall exempt such person or entity from securing certificates of quality, health and safety and environmental clearance from the proper governmental agencies: Provided, furthermore, That such person or entity shall, for monitoring purposes, report to the DOE his or its every importation/exportation: Provided, finally, That all oil importations shall be in accordance with the Basel Convention. Sec. As mandated by Republic Act No. Title. It can only be repealed by a similar act of Congress. 10643 (RA 1 0643) entitled "AN ACT TO EFFECTIVELY INSTILL HEALTH CONSCIOUSNESS … (d) Such other information the DOE may deem necessary to promote the entry of new participants. 8 of Republic Act No. REPUBLIC ACT NO. - This Act shall be known as the “Downstream Oil Industry Deregulation Act of 1998.” SEC. Promotion of Retail Competition. Declaration of Policy. The IRR was approved by COCAFM on January 31, 2011. Purpose. 192, Series of 1987, the Department of Environment and Natural Resources hereby adopts and promulgates the following rules and … 8479 10643 "an act to effectively instill health consciousness through graphic health warnings on tobacco products," otherwise known as "the graphic health warnings law" whereas, republic act no. Republic Act (RA) 8479 was passed into law in 1998. Sec. Section 1. Implementing The Indigenous Peoples’ Rights Act of 1997” (IPRA). Incentives for New Investments. Separability Clause. The "Reserve Control Account" refers to a lump sum collation of reserve impositions deducted from the appropriations approved by Congress for the operation of the government and the implementation of projects and programs. To implement this, the importers, refiners, and marketers are hereby required to submit monthly to the DOE their actual importations, local purchases, sales and/or consumption, and inventory on a per crude/product basis. 10821 or the Children's Emergency Relief and Protection Act. RULE II THE PHILIPPINE APPROACH TO SOCIAL REFORM AND POVERTY ALLEVIATION Section 1. Jurisdiction, Powers and Functions of the Board. 9442, an Act Amending Republic Act No. Title - These Rules shall be known and cited as the Implementing Rules and Regulations of Republic Act No. For the second time, petitioner Enrique T. Garcia, Jr. (petitioner Garcia) asks this Court to examine the constitutionality of Section 19 of Republic Act No. All outstanding claims against OPSF as of the effectivity of this Act, subject to the existing auditing rules and regulations of the Commission on Audit (COA), shall be considered as accounts payable of the National Government. Whenever it is determined by the Joint Task Force that the Government or any of its instrumentalities or agencies, including government-owned or controlled corporations, shall suffer loss or damage in its business or property by reason of violation of Sec. [ republic act no. The price adjustment shall be reflected automatically in the approved WPP of each petroleum product.". 1441 is hereby deleted. 226, otherwise known as the "Omnibus Investments Code of 1987". GENERAL PROVISIONS . For this purpose, and any law to the contrary notwithstanding, the reimbursement certificates issued by the DOE covering the said outstanding claims shall be honored and accepted by the Bureau of Customs and the Bureau of Internal Revenue as payment to the extent of ten percent (10%) per payment of the tariff duties and specific taxes from the creditor-claimants against the OPSF until such claims are settled in full: Provided, That the reimbursement certificates shall not be transferable. Full deregulation of the Industry shall start five (5) months following the effectivity of this Act: Provided, however, That when the public interest so requires, the President may accelerate the start of full deregulation upon the recommendation of the DOE and the Department of Finance when the prices of crude oil and petroleum products in the world market are declining and the value of the peso in relation to the US dollar is stable, taking into account the relevant trends and prospects: Provided, further, That the foregoing provisions notwithstanding, the five (5)-month Transition Phase shall continue to apply to LPG, regular gasoline, and kerosene as socially-sensitive petroleum products and said petroleum products shall be covered by the automatic pricing mechanism during the said period. (h) 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 this Act to make investigation, upon his initiative, of the manner in which the decree has been or is being carried out, and upon the application of the Secretary of Justice, it shall be his duty to make such investigation. Depending on the basis of the APM, the Board shall, within one (1) month after the effectivity of this Act and after proper notice and full public hearing, prescribe a formula which will automatically set the margins of marketers and dealers, and the rates charged by water transport operators, haulers and pipeline concessionaires: Provided, That such formula shall take effect simultaneously with the effectivity of the automatic oil pricing formula. (9) Such other applicable incentives under Article 39 of Executive Order No. To the extent applicable, persons with new investments as determined by the DOE and registered with the BOI in refining, storage, marketing and distribution of petroleum products, shall be extended the same incentives granted to BOI-registered enterprises engaged in a preferred area of investments pursuant to Executive Order No. 8479] AN ACT DEREGULATING THE DOWNSTREAM OIL INDUSTRY, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled. 5 (c) of Republic Act No. AN ACT. 17. Section 3. REPUBLIC ACT NO. Pursuant to the provisions of Section 59 of Republic Act No. RULE 2. Section 18. 9470, otherwise known as the "National Archives of the Philippines Act of 2007 " was signed into law by the President of – Any person who violates any of the provisions of this Act shall suffer the penalty of three (3) months to one (1) year imprisonment and a fine ranging from Fifty thousand pesos (P 50,000.00) to Three hundred thousand pesos (P 300,000.00). 18. 8483. Section 4. 24. Department Order 202-19 Implementing Rules and Regulations of Republic Act No. AN ACT DEREGULATING THE DOWNSTREAM OIL INDUSTRY AND FOR OTHER PURPOSES . Title. February 6, 1998 . Click link to view PDF file of Republic Act No. RA 7899 – “The Condominium Act” REPUBLIC ACT NO. To ensure fair competition and prevent cartels and monopolies in the Industry, the following acts are hereby prohibited: (a) Cartelization which means any agreement, combination or concerted action by refiners, importers and/or dealers, or their representatives, to fix prices, restrict outputs or divide markets, either by products or by areas, or allocate markets, either by products or by areas, in restraint of trade or free competition, including any contractual stipulation which prescribes pricing levels and profit margins;cralaw, (b) Predatory pricing which means selling or offering to sell any oil product at a price below the seller's or offeror's average variable cost for the purpose of destroying competition, eliminating a competitor or discouraging a potential competitor from entering the market: Provided, however, That pricing below average variable cost in order to match the lower price of the competitor and not for the purpose of destroying competition shall not be deemed predatory pricing. The BPS shall also specify the allowable content of additives in all types of fuels and fuel-related products. "For this purpose and for the protection of the public interest, the Board shall, after due notice and hearing, at which any consumer of petroleum products and other parties who may be affected may appear and be heard, and within one (1) month after the effectivity of this Act, approve a market-oriented formula to determine the WPP of petroleum products based solely on the changes of either the Singapore Posting of refined petroleum products, the SIP or the crude landed cost. No. 8792, otherwise known as the Electronic Commerce Act (the “Act”), the following implementing rules and regulations (the “Rules”) are hereby promulgated: PART I. Additional Powers of the DOE Secretary. In the event that the Joint Task Force determines that there has been a violation of Section 11 of this Act, the private person or entity shall be entitled to sue for and obtain injunctive relief, as well as damages, in the Regional Trial Court having jurisdiction over any of the parties, under the same conditions and principles as injunctive relief is granted under the Rules of Court. IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 1441, dated November 15, 1984; (e) Letter of Instruction No. 10643 "AN ACT TO EFFECTIVELY INSTILL HEALTH CONSCIOUSNESS THROUGH GRAPHIC HEALTH WARNINGS ON TOBACCO PRODUCTS," OTHERWISE KNOWN AS "THE GRAPHIC HEALTH WARNINGS LAW" WHEREAS, Republic Act No. OF REPUBLIC ACT 9003 . This guide, shall, among others, contain: (a) An introduction to the Philippine Downstream Oil Industry and the government's unwavering commitment to deregulation; (c) Information on the benefits and incentives for new industry participants which shall specify: (i) all the incentives and benefits they can enjoy, and (ii) the procedural and substantive requirements needed for entitlement; and. – To achieve the social and policy objective of fair prices, facilitate the attainment of a truly competitive product market in the retail level, the DOE shall promote and encourage by way of information dissemination, networking, and management/skills training, the active and direct participation of the private sector and cooperatives in the retailing of petroleum products through joint venture/supply agreements with new industry participants for the establishment and operation of gasoline stations: Provided, That the training herein shall include LPG retailing. 5 of Executive Order No. 11 of this Act, such instrumentality, agency or corporation may file an action to recover damages and the costs of the suit with the Regional Trial Court which has jurisdiction as provided above. CHAPTER IV Section 1. Start of Full Deregulation. 9003 , otherwise known as the "Philippine Ecological Solid Waste Management Act of 2000," and by virtue of Executive Order No. SP No. The DOE shall monitor the relationship between the oil companies (refiners and importers) and their dealers, haulers and LPG distributors to help ensure the observance of fair and equitable practices and to ensure the enforcement of existing contracts: Provided, That the DOE shall conciliate and arbitrate any dispute that may arise with respect to the contractual relationship between the oil companies and the dealers, haulers and LPG distributors involving the dealers' mark-up, the freight rate in transporting petroleum products and the margins of LPG distributors for the protection of the public and to prevent ruinous competition: Provided, further, That the arbitration award of the DOE shall be subject to judicial review under existing law.chanrobles virtualaw library. – To ensure compliance with the provisions of this Act, the refusal to comply with any of the following shall likewise be prohibited: (a) submission of any reportorial requirements; (b) use of clean and safe (environment and worker-benign) technologies; (c) any order or instruction of the DOE Secretary issued in the exercise of his enforcement powers under Section 15 of this Act; and. To this end, the following laws are hereby amended: (a) Paragraph (a), Section 8 of Republic Act No. "The Board shall, on the dates of effectivity of the automatic oil pricing formula, the initial WPP or the adjusted WPP, publish the same, together with the corresponding computation in two (2) national newspapers of general circulation."chanroblesvirtuallawlibrary. Sec. Purpose. 132451) before the Supreme Court seeking to declare the law unconstitutional. 10121 also known as the Philippine Disaster Risk Reduction and Management Act of 2010 (PDRRM Act of 2010). (c) The DOE shall maintain a periodic schedule of present and future total industry inventory of petroleum products for the purpose of determining the level of supply. Twitter. 15. 10533. ANTI-TRUST SAFEGUARDS, OTHER PROHIBITED ACTS AND REMEDIES. The Board shall, upon proper notice and hearing, fix and regulate the rate of schedule or prices of piped gas to be charged by duly franchised gas companies which distribute gas by means of underground pipe system. Republic Act 8479 is this remedial legislation to continue the deregulatory measures we must adopt for this very vital industry. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I GENERAL PROVISIONS. These guidelines shall ensure the efficiency, promptness, and effectiveness in the handling of its cases. – Any person or entity shall report any violation of Section 11 of this Act to the Joint Task Force. SECTION 1. Powers of the Board Upon Notice and Hearing. It shall be the policy of the State to liberalize and deregulate the downstream oil industry in order to ensure a truly competitive market under a regime of fair prices, adequate and continuous supply of environmentally-clean and high-quality petroleum products. The DOE shall continue to encourage certain practices in the industry which continue to encourage certain practices in the Industry which serve the public interest and are intended to achieve efficiency and cost reduction, ensure continuous supply of petroleum products, and enhance environmental protection. Section 10. Short Title. 0. – (a) Any law to the contrary notwithstanding and starting with the effectivity of this Act, a single and uniform tariff duty shall be imposed and collected both on imported crude oil and imported refined petroleum products at the rate of three percent (3%): Provided, however, That the President of the Philippines may, in the exercise of his powers, reduce such tariff rate when in his judgment such reduction is warranted, pursuant to Republic Act No. 10533, entitled "An Act Enhancing the Philippine Basic Education System by Strengthening Its Curriculum and Increasing the Number of Years for Basic Education, Appropriating Funds Therefor and for Other Purposes," otherwise known as … Whenever it is determined by the Joint Task Force that the Government or any of its instrumentalities or agencies, including government-owned or –controlled corporations, shall suffer loss or damage in its business or property by reason of violation of Section 11 of this Act, such instrumentality, agency or corporation may file an action to recover damages and the costs of the suit with the Regional Trial Court which has jurisdiction as provided above. The price adjustment shall be reflected automatically in the approved WPP of each petroleum product."chanroblesvirtuallawlibrary. – The Board shall, upon proper notice and hearing, fix and regulate the rate of schedule or prices of piped gas to be charged by duly franchised gas companies which distribute gas by means of underground pipe system.". 10821 OR THE CHILDREN'S EMERGENCY RELIEF AND PROTECTION ACT RULE I. Our public is assured that the constitutional parameters set by the Supreme Court are upheld in this law. 1441, to read as follows: "1. 172 to the contrary notwithstanding, the Board shall, during the Transition Phase, maintain the current margin of dealers and rates charged by water transport operators, haulers and pipeline concessionaires. 1956, as amended by Executive Order No. 11337, otherwise known as the "Innovative Startup Act" 71st International Human Rights Day; NOTICE TO THE PUBLIC - Abolition of the Technology Resource Center (TRC) Postings at the DOST Website Declaration of Policy. For this purpose, the industry shall be included in the annual Investment Priorities Plan (IPP): Provided, That nothing in herein contained shall preclude qualified persons or entities as provided under the "Omnibus Investments Code" from applying from or continue enjoying incentives and benefits under the said Code.chanrobles virtualaw library. tags: laws, republic acts, rodrigo roa duterte implementing guidelines of republic act no. ", Sec. To this end, the following laws are hereby amended: (a) Paragraph (a), Sec. February 10, 1998. Upon the implementation of full deregulation as provided herein, the Transition Phase is deemed terminated and the following laws are repealed: (b) Section 5 of Executive Order No. 9194 and Republic Act No. 10 of this Act.chanrobles virtualaw library, Sec. – All laws, Presidential decrees, executive orders, issuances, rules and regulations or parts thereof, which are inconsistent with the provisions of this Act are hereby repealed or immediately modified accordingly. : Provided, finally, That any such company which made the requisite public offering before the effectivity of this Act shall be exempted from the requirement.chanrobles virtualaw library, Sec. Metro Manila, AN ACT DEREGULATING THE DOWNSTREAM OIL INDUSTRY AND FOR OTHER PURPOSES. Section 5. 4. Program to Encourage the Entry of New Participants in the Industry. Garcia files Petition (G. R. No. Coverage . Declaration of Policy. Approved on February 10, 1998: An Act deregulating the downstream oil industry, and for other purposes. Persons who successfully complete the two-fold program shall be entitled to government assistance being extended by government lending agencies, in the form of medium- to long-term loans with low interest rates and to the gasoline training station training and loan fund provided hereunder, to serve as capital for the establishment and operation of gasoline stations. PUBLICATION OF IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 8479 (R.A. No. 8479 February 10, 1998. 1441 is hereby deleted. 1431, dated October 15, 1984;cralaw, (d) Letter of Instruction No. If, for any reason, any section or provision of this Act is declared unconstitutional or invalid, such parts not affected thereby shall remain in full force and effect.chanrobles virtualaw library, Sec. (b) For as long as the National Power Corporation (NPC) enjoys exemptions from taxes and duties on petroleum products used for power generation, the exemption shall apply to purchases through the local refineries and to the importation of fuel oil and diesel. Thereafter, the Board shall set the said margins and rates based on the approved formula without the necessity for public notice and hearing. In order to provide a smooth implementation of deregulation, the policy shift shall be done in two (2) phases: Phase I (Transition Phase) and Phase II (Full Deregulation Phase).chanrobles virtualaw library, Sec. 8. 2318, which nullified Circular No. Section 2. 11479, otherwise known as The Anti-Terrorism Act of 2020. (b) Private Complaint. 9470, otherwise known as the "National Archives of the Philippines Act of 2007 " was signed into law by the President of Sec. Pursuant to the provisions of Section 59 of Republic Act No. Effectivity. 11494, “an act providing for covid-19 response and recovery interventions and providing mechanisms to accelerate the recovery and bolster the resiliency of the philippine economy, providing funds therefor, and for other purposes” . – All outstanding claims against OPSF as of the effectivity of this Act, subject to the existing auditing rules and regulations of the Commission on Audit (COA), shall be considered as accounts payable of the National Government. Implementing Rules and Regulations. Section 6. To review and reset the prices of domestic petroleum products up or down as necessary on or before the third Monday of each month to reflect the new WPP of refined petroleum products based on the approved automatic pricing formula."chanroblesvirtuallawlibrary. Declaration of … To enable the domestic price of petroleum products to approximate and promptly reflect the prices of oil in the international market, an automatic pricing mechanism shall be established. Promotion of Fair Trade Practices. WHEREAS, Section 14 of Republic Act No. (a) The DOE shall monitor and publish daily international crude oil prices, as well as follow the movements of domestic oil prices. Sec. Short Title. 1441, to read as follows: "1. 11501. In this regard, the DOE shall provide a "Philippine Downstream Oil Industry Investment Guide" to new industry participants and prospective participants. This is a petition for review by certiorari under Rule 45 of the 1997 Rules of Court of a Decision dated November 21, 2003, and the Resolution dated April 21, 2004, both of the Court of Appeals (CA) in C.A.-G.R. To read as follows: `` Sec are … by Republic Act No and cited the... 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