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 9 - INTERVENTION, OPPOSITION AND COMMENT

Section 1. Intervention. - Any person having an interest in the subject matter of any hearing or investigation pending before the Commission may become a party thereto by filing a verified petition with the Commission giving the docket number and title of the proceeding and stating: (1) the petitioner’s name and address; (2) the nature of petitioner’s interest in the subject matter of the proceeding, and the way and manner in which such interest is affected by the issues involved in the proceeding; and (3) a statement of the relief desired.
 
Section 2. Filing of Petitions to Intervene. - Petitions under this rule shall be served on the original parties and filed with the Commission not less than five (5) days prior to the time the proceeding is called for hearing, unless the notice of hearing fixes the time for filing such petitions, in which case such notice shall govern. A petition, which for good cause shown was not filed within the time herein limited, may be presented to and allowed or denied by the Commission or the presiding officer at the time the proceeding is called for hearing.
 
Section 3. Grant of Leave to Intervene. - If a petition to intervene shows that the petitioner has a direct and substantial interest in the subject of the proceeding, or any part of it, and the intervention would not unduly broaden the issues, the Commission or the presiding officer may grant leave for the petitioner to intervene or otherwise to appear in the proceeding with respect to the matters set forth in the petition and subject to such reasonable conditions as may be prescribed by the Commission or presiding officer.
 
The grant of such leave to intervene does not constitute a finding by the Commission that such party will or may be affected by any order or rule made in the proceeding. Failure of any party to file answer to such petition for leave to intervene does not constitute an admission of the facts stated in such petition.
 
Section 4. Limitation on Intervenors. - When two or more intervenors have substantially the same interest and positions, the Commission or presiding officer may, in order to expedite the hearing, limit the number of intervenors who will be permitted to cross-examine, make and argue motions or make objections during the course of the hearing.
 
Section 5. Opposition and Comment. - Any person other than a party of record who objects to the approval of an application, petition, or other matter which is, or will be, under consideration by the Commission, or otherwise may have some comments thereon, may file an opposition thereto or comment thereon at any stage of the proceedings before the applicant or petitioner rests its case. No particular form of opposition or comment is required, but the document, letter or writing should contain the name and address of such person and a concise statement of the opposition or comment and the grounds relied upon. If possible, three (3) legible copies of the opposition or comment including the original shall be filed with the Commission and the assigned docket number of such proceeding shall be clearly indicated therein. The parties affected by the opposition or comment filed shall be served with a copy thereof and shall be given the opportunity to respond to the same within ten (10) days from receipt thereof.
 
Section 6. Effect of Filing of Opposition or Comment. - An opposition or comment is intended solely to alert the Commission and the parties to a proceeding of the fact and nature of the objections to or comments on an application, petition, or any other proposed Commission action and does not become evidence in the proceeding. The filing of an opposition or comment does not make the filer a party to the proceedings unless it is permitted by the Commission to intervene therein on petition to intervene.

 


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