(Last Part)
The period to be recovered for the purpose of computing the differential billing shall be subject to the following rules:
1. If prior to the date of discovery, there was a change of meter, change of seal or reconnection, or replacement of parts, or it can be determined when an abrupt or abnormal drop in consumption occurred, the period to be recovered for purposes of the differential billing should be reckoned from the time when the said changes, inspection or reconnection occurred, which may result in a less than a year period of recovery.
2. Furthermore, if the concerned consumer presents indubitable and adequate proof that the occurrence of the illegal use of electricity is for a period which could be less than a year, then for purposes of calculating the differential billing, the recoverable period shall start from the occurrence of the illegal use up to the time of apprehension.
3. in the absence of the two aforementioned circumstances, the distribution utility may be allowed to recover the differential billing up to maximum of sixty (60) billing months up to the time of discovery.
CHAPTER IV. FINAL PROVISIONS
Article 36. Implementation. – Implementation of Articles 7, 8 and 28 shall be subject to Guidelines to be promulgated and approved by the Commission.
Article 37. Violation. – A violation of any provision of this Magna Carta shall be subject to penalty which the Commission, after giving the electric utility or consumer the opportunity to be heard, may impose in accordance with law.
Article 38. Separability Clause. – If any provisions of this Code is declared unconstitutional or invalid, the other provisions not affected thereby shall remain in force and effect.
Article 39. Repealing Clause. – Provisions of ERB Res. No. 95-21 as amended, rules, regulations, guidelines and other issuances not expressly revised by this Magna Carta shall remain in force and effect.
Article 40. Effectivity. – This Code shall take effect fifteen (15) days after its publication in a newspaper of general circulation in the country.
Pasig City, June 17, 2004
(Sgd.) RODOLFO B. ALBANO, JR.
Chairman
(Sgd.) OLIVER B. BUTALID (Sgd.) CARLOS R. ALINDADA
Commissioner Commissioner
(Sgd.) LETICIA V. IBAY (Sgd.) JESUS N. ALCORDO
Commissioner Commissioner
The period to be recovered for the purpose of computing the differential billing shall be subject to the following rules:
1. If prior to the date of discovery, there was a change of meter, change of seal or reconnection, or replacement of parts, or it can be determined when an abrupt or abnormal drop in consumption occurred, the period to be recovered for purposes of the differential billing should be reckoned from the time when the said changes, inspection or reconnection occurred, which may result in a less than a year period of recovery.
2. Furthermore, if the concerned consumer presents indubitable and adequate proof that the occurrence of the illegal use of electricity is for a period which could be less than a year, then for purposes of calculating the differential billing, the recoverable period shall start from the occurrence of the illegal use up to the time of apprehension.
3. in the absence of the two aforementioned circumstances, the distribution utility may be allowed to recover the differential billing up to maximum of sixty (60) billing months up to the time of discovery.
CHAPTER IV. FINAL PROVISIONS
Article 36. Implementation. – Implementation of Articles 7, 8 and 28 shall be subject to Guidelines to be promulgated and approved by the Commission.
Article 37. Violation. – A violation of any provision of this Magna Carta shall be subject to penalty which the Commission, after giving the electric utility or consumer the opportunity to be heard, may impose in accordance with law.
Article 38. Separability Clause. – If any provisions of this Code is declared unconstitutional or invalid, the other provisions not affected thereby shall remain in force and effect.
Article 39. Repealing Clause. – Provisions of ERB Res. No. 95-21 as amended, rules, regulations, guidelines and other issuances not expressly revised by this Magna Carta shall remain in force and effect.
Article 40. Effectivity. – This Code shall take effect fifteen (15) days after its publication in a newspaper of general circulation in the country.
Pasig City, June 17, 2004
(Sgd.) RODOLFO B. ALBANO, JR.
Chairman
(Sgd.) OLIVER B. BUTALID (Sgd.) CARLOS R. ALINDADA
Commissioner Commissioner
(Sgd.) LETICIA V. IBAY (Sgd.) JESUS N. ALCORDO
Commissioner Commissioner
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