MAGNA CARTA FOR
RESIDENTIAL ELECTRICITY CONSUMERS
(Third of 4 Parts)
Major announcements/documents shall include, but not be limited to, rate schedules and any changes thereon; other service charges; terms and conditions of service; standard rules and regulations governing the operation of distribution utilities; general information on metering, including but not limited to the manner in which meters are read and description of method used in reading; decisions and orders of the ERC.
When there are two or more authorized schedules of rates applicable to a customer, the distribution utility should accordingly advise said customer in writing and apply the rates which are most beneficial to the customer.
At least two (2) days before a scheduled power interruption, a distribution utility must announce the same to its customers through print, or other mass or interactive media. In remote areas where such media are inaccessible, the distribution utility must set up a Bulletin Board where announcements of scheduled power interruptions will be posted in an area that could easily be seen by its customers, preferably along roadsides or in front of the entrance to the City/Municipal Hall or Public Market.
Article 16. Right to a Transparent Billing. – Bills to service customers shall conform with the format as approved by the ERC. The current formats approved by the Commission are shown in Annexes A and B of this Magna Carta.
Article 17. Right to a Monthly Electricity Bill. – Bills shall be delivered monthly to the customer by the distribution utility in accordance with the applicable rate schedule. Said bills shall be payable to authorized collectors, the collection office, authorized agents/entities or at its authorized banks.
Notwithstanding the provisions of the foregoing paragraph, no violation of the provisions of this Magna Carta is committed by the distribution utility in reading its customers’ meters beyond the maximum allowable time provided for in Article 2(h), Provided that such inability to read on time was due to a fortuitous event and, that the meter reading is done immediately after the said fortuitous event ceases to exist.
Should the period covered in the electric bill exceed the number of days provided for in this Magna Carta, the distribution utility shall nevertheless provide the applicable subsidy for that consumption level due to the customer as if the meter had been read within the maximum allowable period.
The distribution utility shall safely keep the duplicate, electronic or otherwise, or office stub of the bills used and shall not be destroyed within five years without authority from the Commission.
Article 18. Right to Due Process Prior to Disconnection of Electric Service. – No consumer shall be deprived of electric service without due process of law.
Subject to the foregoing paragraph, disconnection of electric service shall only be made under the following circumstances.
(a) Non-payment of electric bills within the period of time provided in Article 32 of this Magna Carta;
(b) Illegal use of electricity under Republic Act No. 7832, otherwise known as the Anti-Electricity Pilferage Law;
(c) Upon lawful orders of government agencies and/or the courts;
(d) When the public safety so requires;
(e) Request of the registered customers based on justifiable reasons; or
(f) Allowing other end-users or persons to be connected to his electrical installation, whether for profit or not.
Article 19. Right to a Notice Prior to Disconnection. – For disconnections .de to non-payment of electric bills, a written notice must have been served to the customer forty eight (48)-hours before such disconnection. The distribution utility may discontinue the service notwithstanding the existence of the customer’s bill deposit with the distribution utility which will serve as guarantee for the payment of future bill(s) after service is reconnected.
When the owner/occupant of the house or establishment concerned or someone acting in his behalf shall have been caught in flagrante delicto doing any of the acts enumerated in section 6 of RA 7832, the distribution utility concerned shall have the authority and right to disconnect immediately his electric service after serving the written notice or warning to the effect. The written notice or warning being referred to herein shall be served prior to such disconnection and shall indicate the name and address of the consumer, consumer account number, date of apprehension, findings of fact, amount of energy pilfered in kilowatt-hour, the amount representing the differential billing and the method used in computing the differential billing.
Article 20. Right to Suspension of Disconnection. – Notwithstanding the service of notice but subject to the provisions of RA 7832, disconnections of service shall not be made on any week day beyond three o’clock (3:00 P.M.) in the afternoon, Saturdays, Sunday s and official holidays, under the following or any other similar circumstances:
(a) One of the permanent occupants is sick and dependant on a life support system requiring electricity; Provided, That the customer can present a medical certificate issued by a duly licensed physician or public health official certifying that the termination of the electric service would be especially dangerous to the health of the said person;
(b) During the funeral wake of a deceased permanent resident of the premises; Provided, that the consumer can present a duly certified true copy of the death certificate of the deceased issued by the Local Civil Registry of the city or municipality concerned;
(c) Customer indubitably proves he did not receive a Statement of Account and/or Disconnection Notice;
(d) Customer is being billed in a single statement for consumption covering several months due to the failure of the utility to issue a timely monthly billing statement to the consumer;
(e) Customer or his representative is not around; Provided however, that this shall not be applicable to disconnections due to non-payment of electric bills.
For Item (a), the suspension of the disconnection shall only be made during the dependency of the patient on the life support system which shall not exceed two months from such suspension.
For Item (b), the suspension of the disconnection shall only be made during the period of the wake which shall not exceed one month from the suspension or until the interment, whichever comes earlier.
For Item (c), the non-receipt should not be caused by the refusal of the customer to accept such electric bill or notice.
With respect to Item (d), the customer must pay the current billing on its due date. The distribution utility, however, must enter into an agreement with the customer for a staggered payment scheme within a period equivalent to the number of months covering the unpaid billings.
Article 21. Right to Tender Payment at the Point of Disconnection;
Deposit Representing the Differential Billing. – If at the time the disconnection is to be made, the customer tenders payment of the unpaid bill to the agent or employee of the distribution utility who is to effect the disconnection, the said agent, or employee of the distribution utility shall desist from disconnecting the service to allow the customer can only invoke this provision once for the same unpaid bill.
The utility concerned shall not immediately disconnect or shall immediately restore the electric service of the customer upon the deposit by the customer with the utility or with the competent court, as the case may be, of the amount representing the differential billing.
Article 22. Right to Electric Service Despite Arrearages of Previous Tenant. – Without prejudice to enforcing the provisions of the second paragraph of Article 6 hereof, a distribution utility shall not refuse or discontinue service to an applicant or customer, who is not in arrears to the distribution utility, even though there are unpaid bills or charges due from the premises occupied by the applicant, or customer, on account of an unpaid bill of a prior tenant, unless there is evidence of conspiracy to defraud the distribution utility.
Article 23. Right to Reconnection of Electric Service. – Whenever the electric service is disconnected due to non-payment of electric bills, the utility must immediately reconnect the same within the period provided in the utility’s Compliance Plan as approved by the Commission in accordance with the Philippine Distribution Code, but in no case shall exceed twenty-four (24) hours from payment of the said arrearages by the customer. The 24-hour period may be extended only for justifiable reasons.
Article 24. Right to Witness apprehension. – Subject to the provisions of RA 7832, all apprehensions for illegal use of electricity must be personally witnessed by the customer or occupant or someone of suitable age and discretion residing therein and acting in behalf of the owner or occupant of the premises, and by an officer of the law or by an ERC representative.
Article 25. Right to ERC Testing of Apprehended Meter. – In case the apprehension is witnessed by an officer of the law and not by an ERC authorized representative, the electric meter subject of the offense must be placed in a suitable container, properly identified and sealed, and shall be opened only for testing by the ERC’s duly authorized representative.
Upon removal, the apprehended meter shall be immediately replaced by the distribution utility with an accurate electric watthour meter. However, no disconnection of electric service shall be effected until the ERC issues a meter test report showing that the meter was indeed tampered.
Article 26. Right to Payment under Protest. – In cases of regular electric bills or billing adjustments due to the stoppage or failure of the meter to register the full and correct amount of energy consumed, or differential billing due to alleged illegal use of electricity, the consumer shall have the right to pay under protest for purposes of continuous supply of electricity by the utility without prejudice to a complaint to be filed by such customer against the imposition of the bill or billing adjustment or differential billing. Such payment shall not be construed as an admission by the consumer of the allegations or claims of the distribution utility or any violation of law or of the contract with the distribution utility.
Article 27. Right to File Complaints before ERC. – Every consumer has the right to file a complaint before the ERC for violation of ERC laws, rules, regulations, guidelines and policies, including but not limited to RA 9136 and its Implementing Rules and Regulations, RA 7832 and its Implementing Rules and Regulations and ERB Resolution No. 95-21, as amended; Provided, That the complainant has previously discussed/consulted the issue with the Consumer Welfare Desk {CWD} Officer or representative of the concerned distribution utility and no settlement has been reached.
When there are two or more authorized schedules of rates applicable to a customer, the distribution utility should accordingly advise said customer in writing and apply the rates which are most beneficial to the customer.
At least two (2) days before a scheduled power interruption, a distribution utility must announce the same to its customers through print, or other mass or interactive media. In remote areas where such media are inaccessible, the distribution utility must set up a Bulletin Board where announcements of scheduled power interruptions will be posted in an area that could easily be seen by its customers, preferably along roadsides or in front of the entrance to the City/Municipal Hall or Public Market.
Article 16. Right to a Transparent Billing. – Bills to service customers shall conform with the format as approved by the ERC. The current formats approved by the Commission are shown in Annexes A and B of this Magna Carta.
Article 17. Right to a Monthly Electricity Bill. – Bills shall be delivered monthly to the customer by the distribution utility in accordance with the applicable rate schedule. Said bills shall be payable to authorized collectors, the collection office, authorized agents/entities or at its authorized banks.
Notwithstanding the provisions of the foregoing paragraph, no violation of the provisions of this Magna Carta is committed by the distribution utility in reading its customers’ meters beyond the maximum allowable time provided for in Article 2(h), Provided that such inability to read on time was due to a fortuitous event and, that the meter reading is done immediately after the said fortuitous event ceases to exist.
Should the period covered in the electric bill exceed the number of days provided for in this Magna Carta, the distribution utility shall nevertheless provide the applicable subsidy for that consumption level due to the customer as if the meter had been read within the maximum allowable period.
The distribution utility shall safely keep the duplicate, electronic or otherwise, or office stub of the bills used and shall not be destroyed within five years without authority from the Commission.
Article 18. Right to Due Process Prior to Disconnection of Electric Service. – No consumer shall be deprived of electric service without due process of law.
Subject to the foregoing paragraph, disconnection of electric service shall only be made under the following circumstances.
(a) Non-payment of electric bills within the period of time provided in Article 32 of this Magna Carta;
(b) Illegal use of electricity under Republic Act No. 7832, otherwise known as the Anti-Electricity Pilferage Law;
(c) Upon lawful orders of government agencies and/or the courts;
(d) When the public safety so requires;
(e) Request of the registered customers based on justifiable reasons; or
(f) Allowing other end-users or persons to be connected to his electrical installation, whether for profit or not.
Article 19. Right to a Notice Prior to Disconnection. – For disconnections .de to non-payment of electric bills, a written notice must have been served to the customer forty eight (48)-hours before such disconnection. The distribution utility may discontinue the service notwithstanding the existence of the customer’s bill deposit with the distribution utility which will serve as guarantee for the payment of future bill(s) after service is reconnected.
When the owner/occupant of the house or establishment concerned or someone acting in his behalf shall have been caught in flagrante delicto doing any of the acts enumerated in section 6 of RA 7832, the distribution utility concerned shall have the authority and right to disconnect immediately his electric service after serving the written notice or warning to the effect. The written notice or warning being referred to herein shall be served prior to such disconnection and shall indicate the name and address of the consumer, consumer account number, date of apprehension, findings of fact, amount of energy pilfered in kilowatt-hour, the amount representing the differential billing and the method used in computing the differential billing.
Article 20. Right to Suspension of Disconnection. – Notwithstanding the service of notice but subject to the provisions of RA 7832, disconnections of service shall not be made on any week day beyond three o’clock (3:00 P.M.) in the afternoon, Saturdays, Sunday s and official holidays, under the following or any other similar circumstances:
(a) One of the permanent occupants is sick and dependant on a life support system requiring electricity; Provided, That the customer can present a medical certificate issued by a duly licensed physician or public health official certifying that the termination of the electric service would be especially dangerous to the health of the said person;
(b) During the funeral wake of a deceased permanent resident of the premises; Provided, that the consumer can present a duly certified true copy of the death certificate of the deceased issued by the Local Civil Registry of the city or municipality concerned;
(c) Customer indubitably proves he did not receive a Statement of Account and/or Disconnection Notice;
(d) Customer is being billed in a single statement for consumption covering several months due to the failure of the utility to issue a timely monthly billing statement to the consumer;
(e) Customer or his representative is not around; Provided however, that this shall not be applicable to disconnections due to non-payment of electric bills.
For Item (a), the suspension of the disconnection shall only be made during the dependency of the patient on the life support system which shall not exceed two months from such suspension.
For Item (b), the suspension of the disconnection shall only be made during the period of the wake which shall not exceed one month from the suspension or until the interment, whichever comes earlier.
For Item (c), the non-receipt should not be caused by the refusal of the customer to accept such electric bill or notice.
With respect to Item (d), the customer must pay the current billing on its due date. The distribution utility, however, must enter into an agreement with the customer for a staggered payment scheme within a period equivalent to the number of months covering the unpaid billings.
Article 21. Right to Tender Payment at the Point of Disconnection;
Deposit Representing the Differential Billing. – If at the time the disconnection is to be made, the customer tenders payment of the unpaid bill to the agent or employee of the distribution utility who is to effect the disconnection, the said agent, or employee of the distribution utility shall desist from disconnecting the service to allow the customer can only invoke this provision once for the same unpaid bill.
The utility concerned shall not immediately disconnect or shall immediately restore the electric service of the customer upon the deposit by the customer with the utility or with the competent court, as the case may be, of the amount representing the differential billing.
Article 22. Right to Electric Service Despite Arrearages of Previous Tenant. – Without prejudice to enforcing the provisions of the second paragraph of Article 6 hereof, a distribution utility shall not refuse or discontinue service to an applicant or customer, who is not in arrears to the distribution utility, even though there are unpaid bills or charges due from the premises occupied by the applicant, or customer, on account of an unpaid bill of a prior tenant, unless there is evidence of conspiracy to defraud the distribution utility.
Article 23. Right to Reconnection of Electric Service. – Whenever the electric service is disconnected due to non-payment of electric bills, the utility must immediately reconnect the same within the period provided in the utility’s Compliance Plan as approved by the Commission in accordance with the Philippine Distribution Code, but in no case shall exceed twenty-four (24) hours from payment of the said arrearages by the customer. The 24-hour period may be extended only for justifiable reasons.
Article 24. Right to Witness apprehension. – Subject to the provisions of RA 7832, all apprehensions for illegal use of electricity must be personally witnessed by the customer or occupant or someone of suitable age and discretion residing therein and acting in behalf of the owner or occupant of the premises, and by an officer of the law or by an ERC representative.
Article 25. Right to ERC Testing of Apprehended Meter. – In case the apprehension is witnessed by an officer of the law and not by an ERC authorized representative, the electric meter subject of the offense must be placed in a suitable container, properly identified and sealed, and shall be opened only for testing by the ERC’s duly authorized representative.
Upon removal, the apprehended meter shall be immediately replaced by the distribution utility with an accurate electric watthour meter. However, no disconnection of electric service shall be effected until the ERC issues a meter test report showing that the meter was indeed tampered.
Article 26. Right to Payment under Protest. – In cases of regular electric bills or billing adjustments due to the stoppage or failure of the meter to register the full and correct amount of energy consumed, or differential billing due to alleged illegal use of electricity, the consumer shall have the right to pay under protest for purposes of continuous supply of electricity by the utility without prejudice to a complaint to be filed by such customer against the imposition of the bill or billing adjustment or differential billing. Such payment shall not be construed as an admission by the consumer of the allegations or claims of the distribution utility or any violation of law or of the contract with the distribution utility.
Article 27. Right to File Complaints before ERC. – Every consumer has the right to file a complaint before the ERC for violation of ERC laws, rules, regulations, guidelines and policies, including but not limited to RA 9136 and its Implementing Rules and Regulations, RA 7832 and its Implementing Rules and Regulations and ERB Resolution No. 95-21, as amended; Provided, That the complainant has previously discussed/consulted the issue with the Consumer Welfare Desk {CWD} Officer or representative of the concerned distribution utility and no settlement has been reached.
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