Published by Department of Energy(DOE) on June 24, 2019.
Requested from DOE by J. Castro at 10:17 PM on
June 24, 2019.
Purpose: Thesis on jurisdiction of DOE in determining Filipino-foreign ownership in renewable energy sector
Date of Coverage: 02/24/2008 - 06/24/2019
Tracking no: #DOE-398286723636
J.CASTRO
June 24, 2019, 10:17 p.m.
Hi! I would like to ask your good office as regards all pertinent documents that will show the jurisdiction/authority of the Department of Energy to determine nationality of a corporation and ensure compliance with filipino-foreign ownership restrictions specifically in the renewable energy generation sector. This will be used for my thesis in order to ascertain the extent of jurisdiction of DOE in determining compliance with Section 2 of Article XII of the constitution. Furthermore this is in light of the recent rejection of ERC as regards majestic corporation's application for COC.
R.DIVISION
June 25, 2019, 2:32 p.m.
June 25, 2019
Dear Jan Dominic,
Thank you for your request dated Jun 24, 2019 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Issuances on Filipino-foreign ownership in renewable energy determined by DOE.
We received your request on Jun 24, 2019 and will respond on or before Jul 15, 2019 10:17:52 PM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://pcoomaster10262017200000-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPRS0zOTgyODY3MjM2MzYM, for request with ticket number #DOE-398286723636.
Thank you.
Respectfully,
Records Management Division
FOI Officer
J.CASTRO
June 25, 2019, 9:04 p.m.
Good evening. Thank you for accepting my request. However, will it be possible if I'll be given the opportunity to request for an earlier date for the release of the documents? At the very least on or before July 5, 2019? Thank you!
L.DOE
July 5, 2019, 4 p.m.
On 16 December 2008, Republic Act No. 9513, or the “Renewable Energy Act of 2008” (RE Law), was enacted and provided in Section 5 thereof that the DOE shall be the lead agency mandated to implement its provisions.
Pursuant to Section 33 of the RE Law, the DOE issued, adopted and promulgated Department Circular No. 2009-05-0008, or the “Implementing Rules and Regulations (IRR) of Republic Act No. 9513.” Section 19(B) thereof provides the following:
“B. Parties to a Service/Operating Contract
The exploration, development, production, and utilization of natural resources shall be under the full control and supervision of the State.
The State may directly undertake such activities, or it may enter into co-production, joint venture or co-production sharing agreements with Filipino citizens or corporations or associations at least sixty percent (60%) of whose capital is owned by Filipinos. Foreign RE Developers may also be allowed to undertake RE development through an RE Service/Operating Contract with the government, subject to Article XII, Section 2 of the Philippine Constitution.”(Emphasis supplied.)
Further, the IRR mandated the DOE to issue a regulatory framework which contains the guidelines governing a transparent and competitive system of awarding RE service/operating contracts. Thus, the DOE issued Department Circular No. 2009-07-0011, or the “Guidelines Governing a Transparent and Competitive System of Awarding Renewable Energy Service/Operating Contracts and Providing for the Registration Process of Renewable Energy Developers.” The requirements for the application for the issuance of an RE Contract have been provided therein including an enumeration of those who may apply therefor.
For reference, copies of the foregoing laws and circulars are provided in the DOE website (www.doe.gov.ph).
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