AN ACT ESTABLISHING THE PHILIPPINE ENERGY RESEARCH AND POLICY INSTITUTE, DEFINING ITS OBJECTIVES, POWERS, AND FUNCTIONS, AND PROVIDING FUNDS THEREFOR

Eighteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand twenty.

[ REPUBLIC ACT NO. 11572, July 30, 2021 ]

AN ACT ESTABLISHING THE PHILIPPINE ENERGY RESEARCH AND POLICY INSTITUTE, DEFINING ITS OBJECTIVES, POWERS, AND FUNCTIONS, AND PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Title. – This Act shall be known as the “Philippine Energy Research and Policy Institute Act.”

Section 2. Declaration of Policy. – It is hereby declared the policy of the State to ensure energy security, equity, and sustainability. Towards this end, it is also the policy of the State to:

Section 3. Establishment of the Philippine Energy Research and Policy Institute. – Pursuant to the national policy of enhancing the country’s capability for energy research and policy development, there is hereby established a Philippine Energy Research and Policy Institute, hereinafter referred t as the Institute. The Institute shall be an independent agency attached to the University of the Philippines (UP). The Institute shall have its own budget separate from the UP.

Section 4. Objectives of the Institute. – The objectives of the Institute are:

Section 5. Powers and Functions of the Institute. – The Institute shall:

The Executive Board may assign additional powers and functions to the Institute: Provided, That is shall be in accordance with the objectives of the Institute as stated in this Act.

Section 6. Organizational Structure. – The Executive Director shall head the Institute and shall report directly to the Executive Board. The Institute’s research and policy direction and priorities shall be determined by the Executive Board and implemented by the Executive Director. The Institute shall be supported by a pool of research fellows, which shall include experts and researchers from diverse disciplines and various public and private universities across the country, and other technical staff in carrying out its functions.

Section 7. The Executive Director. – The Executive Director shall be a recognized expert in energy research and policy development with at least three (3) years experience in the energy sector, and shall have a strong organizational management background. The Executive Director shall be appointed by the UP President within sixty (60) calendar days after the effectivity of the implementing rules and regulations of this Act, upon the recommendation of the Executive Board. The Executive Director shall serve in full-time capacity for a term of five (5) years which may be renewed.

Upon assumption, the Executive Director shall:

The Executive Director shall strictly avoid any conflict of interest in the conduct and performance of duties for the duration of the term.

Section 8. Powers and Functions of the Executive Director. – The Executive Director of the Institute shall:

Section 9. Executive Board of the Institute. – There shall be an Executive Board of the Institute to be composed of seven (7) members comprised of the UP President as the ex officio Chairperson, and at least one (1) representative from the fields of engineering, law, science, statistics, economics, social science, and public health, either from the academe or the private sector: Provided, That four (4) members shall come from the academe and two (2) members shall come from the private sector: Provided, further, That each representative shall come from different fields.

The other members of the Executive Board shall be chosen by the UP President. Each member shall have a term of three (3) years, which can be renewed for two (2) more terms: Provided, That the first two (2) appointees from the academe and the first appointee from the private sector shall have a term of two (2) years, which can be renewed for two (2) more terms. Any person appointed to replace a member who has resigned, died, or removed for cause shall serve only the unexpired portion of the term of the member replaced.

The Executive Board may invite the Secretaries of various government agencies as well as legitimate consumer and advocacy groups as resource persons during its meetings and deliberations.

Section 10. Powers and Functions of the Executive Board. – The Executive Board shall:

Section 11. Organization of Human Resource Complement. – The human resource complement of the Institute shall be organized and set up by the Executive Director subject to Sections 8 and 10 of this Act and the existing rules and regulations of the UP.

In addition, the Executive Director shall maintain a pool of researchers from various disciplines, such as engineering, law, science, statistics, economics, social science, public health, and other allied disciplines, in accordance with Section 8 of this Act.

Section 12. Education and Capacity Building. – The Institute shall, through its Executive Director, support further education and training for its officers and employees, to include advanced degree studies, short-term programs, online courses, and participation in conferences.

Section 13. Public Access. – The Institute shall make available to the public its research papers, data, and other resources by posting these on its website, and shall provide access to the same, including its facilities in a manner provided in the implementing rules and regulations of this Act: Provided, That any public disclosure shall be in accordance with Section 14 of this Act and other existing laws, rules, and regulations.

Section 14. Confidentiality. – The Institute shall not post or disclose any proprietary or confidential data and other resources unless prior consent of the source or owner of such data and resources has been obtained by the requesting party.

Section 15. Special Account for Energy Research. – A Special Account in the General Fund (SAGF) for energy research, which shall be maintained and managed by the Bureau of Treasury, shall be established to support the research undertaken by the Institute. The SAGF for energy research shall recognize and accept grants, contributions, and donations collected for energy research, for purposes of executing its mandate and functions: Provided, That in so doing, no conflict of interest exists with the objectives of this Act and the functions of the Institute.

Section 16. Appropriations. – There is hereby appropriated out of the General Appropriations Act, the sum of Two hundred million pesos (P200,000,000.00) for the initial operating fund of the Institute. Thereafter, such amounts necessary for the sustainable operations of the Institute shall be appropriated from the General Appropriations Act based on the annual financial plan approved by the Executive Board and submitted to the DBM.

Section 17. Government Contribution to Research Funding. – Government agencies concerned are hereby authorized to include in their respective annual budget such necessary amounts as their contribution to the funding of certain research activities of the Institute.

Section 18. Tax Exemptions and Tax Expenditure Fund. – The Institute shall be entitled to all the tax exemptions enumerated under Section 25 of Republic Act No. 9500, otherwise known as the University of the Philippines Charter of 2008, as amended by Republic Act No. 10963, otherwise known as the Tax Reform for Acceleration ad Inclusion Act.

The Institute may avail of the Tax Expenditure Fund pursuant to Executive Order No. 292, otherwise known as the Administrative Code of 1987, Presidential Decree No. 93 series of1986, Presidential Decree No. 1177 series of 1977, and other applicable laws, rules and regulations.

Section 19. Implementing Rules and Regulations. – Within sixty (60) days from the effectivity of this Act, the UP, in consultation with the members of the academe, and other public and private stakeholders, shall promulgate the necessary implementing rules and regulations of this Act, subject to the approval of the UP Board of Regents.

Section 20. Separability Clause. – If any portion or provision of this Act is declared unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

Section 21. Repealing Clause. – Al laws, presidential decree or issuance, executive order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 22. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act which is a consolidation of House Bill No. 1296 and Senate Bill No. 8928 was passed by the Senate of the Philippines and the House of Representatives on May 17, 2021.

Approved: JUL 30 2021

(SGD.) RODRIGO ROA DUTERTE
President of the Philippines