Republic of the Philippines

ENERGY REGULATORY COMMISSION

A world class and independent electric power industry regulator that equitably promotes and protects the interests of consumers and other stakeholders, to enable the delivery of long-term benefits that contribute to sustained economic growth and an improved quality of life.


RULE 7 - AMENDMENT OF PLEADINGS AND SUPPLEMENTAL PLEADINGS

Section 1. Amendments of Pleadings and Supplemental Pleadings. - Before a pleading can be amended or supplemented, the pleader shall file a motion for leave attaching therewith the proposed amended or supplemental pleading. Except as provided in the following section, such leave to amend will be allowed or denied by the Commission as a matter of discretion.
 
If the amendment will substantially enlarge or modify an application or petition, the Commission, after granting leave, shall require applicant or petitioner to comply with the requirements in Rule 6, if the application or petition is covered by said rule, and to republish the notice of hearing on the amended application or petition.
 
Section 2. Amendments of Complaints and Petition. - Complaints may be amended once as a matter of right before the respondent files a responsive pleading thereto. The same rule applies to petitions which implead a respondent. After the filing of such responsive pleading, amendments of pleadings or the filing of supplemental pleadings may be made only upon leave of the Commission.
 
Section 3. Amendments to Conform to the Evidence. - When, at a hearing, issues not raised by the pleadings are introduced by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these new issues may be made upon motion of any party at any time during or after the hearing. If evidence upon new issues is objected to on the ground that it is not within the issues raised in the pleadings, the Commission may allow the amendment of pleadings and such evidence to be received, when it appears that the presentation of the merits of the proceeding will be served thereby without prejudicing the public interest or the rights of any party.
 
Section 4. Withdrawal. - A party desiring to withdraw an application, petition, or complaint filed with the Commission shall file a motion to withdraw such application, petition, or complaint stating therein the reasons for the withdrawal. Such motion will be granted or denied by the Commission as a matter of discretion. 

 

Today at ERC
Wednesday, September 20, 2017

Hearing Schedules
Time:
10:00
Case No.:
2017-064 CF [JU] [EX] [PT] [EV]
Applicant:
MASELCO
Venue:
ERC Hearing Room (15th Floor)
Title:
Application for Confirmation and Approval of Calculations of Over or Under Recoveries in the Implementation of Automatic Cost Adjustments and True Up Mechanisms Covering the Period 2014 to 2016, Pursuant to ERC Resolution No. 16, Series of 2009, As Amended by ERC Resolution No. 21, Series of 2010 and ERC Resolution No. 2013, Series of 2010
Time:
10:00
Case No.:
2015-223 RC [JU] [EX] [PT] [EV]
Applicant:
TRANSCO, DANECO & DLPC
Venue:
ERC Mindanao Field Office, Mintrade Bldg., Monteverde Avenue corner Sales Street, Davao City
Title:
Application for the Approval of the Sale of Various Sub-transmission Lines/Assets of the National Transmission Corporation (TRASCO) to the Consortium of Davao del Norte Electric Cooperative, Inc. (DANECO) and Davao Light and Power Company, Inc. (DLPC) as Covered by a Contract to Sell dated 06 March 2012
Time:
14:00
Case No.:
2017-054 CF [JU] [EX] [PT] [EV]
Applicant:
BATELEC II
Venue:
ERC Hearing Room (15th Floor)
Title:
Application for Confirmation and Approval of Calculations of Over or Under Recoveries in the Implementation of Automatic Cost Adjustments and True Up Mechanisms Covering the Period 2014 to 2016, Pursuant to ERC Resolution No. 16, Series of 2009, As Amended by ERC Resolution No. 21, Series of 2010 and ERC Resolution No. 23, Series of 2010
Time:
9:00
Case No.:
2017-042 RC [Pubcon]
Applicant:
PEMC
Venue:
Main Conference Room of Mindanao Development Authority Office, Old Airport Building, Old Airport Road, Km 9 Sasa, Davao City, 8000
Title:
Application for the Approval of the Price Determination Methodology for the Wholesale Electricity Spot Market (WESM)

© 2017 - Energy Regulatory Commission