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 13 - NOTICE OF HEARING

Section 1. Notice Required. - The Commission shall give notice of the commencement of the hearings of applications or petitions to all parties and to such other persons as the Commission designates. After commencement, a hearing may be adjourned upon oral notice to those present at the time of adjournment.
 
Section 2. Form of Notice. - Notice shall be by registered mail or personal service. Nothing herein, however, shall limit the power of the Commission to order notice by other means.
 
Section 3. Contents of Notice. - The notice shall include:
 
(a) A statement of the time, place, and nature of the hearing;
(b) A statement of the legal authority and jurisdiction under which the hearing is held; and
(c) A short and plain statement of the matters involved.
 
The notice shall substantially comply with the applicable form in the attached ERC Standard Forms.
 
Section 4. Publication and Other Requirements. - The notice of hearing for any application or petition for rate adjustment or for any relief affecting the consumers shall be published by the applicant or petitioner, at its own expense, at least twice for two (2) successive weeks in two (2) newspapers of nationwide circulation, the last day of publication not to be later than ten (10) days before the scheduled hearing. In all other applications or petitions, the publication of the notice shall only be once in a newspaper of general circulation in the locality or localities where the applicant or petitioner operates its business, if there be any such local newspaper, or in a newspaper of nationwide circulation, at least ten (10) days before the scheduled hearing.
 
All notices of hearing of any application or petition shall also be posted on the Commission’s Website upon its issuance.
 
In its discretion, the Commission may impose upon the applicant or petitioner such other requirements as may be deemed necessary to the end that persons who may be affected by the application shall be apprised thereof and have opportunity to file their intervention or to comment on and/or submit their opposition to the application or petition.
 
Section 5. Compliance with the Jurisdictional Requirements. - At the initial hearing of the application or petition, the applicant or petitioner shall submit in writing its compliance with the jurisdictional requirements of publication and notice to all affected parties, attaching thereto such evidence, including registry receipts and/or return cards, methodically arranged and duly marked for examination or inspection by the other parties.

 


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