MAGNA CARTA FOR RESIDENTIAL ELECTRICITY CONSUMERS

Pursuant to the provision of Section 14 of Republic Act of No. 9136, otherwise known as the Electric Power Industry Reform Act, the energy regulation

General Provision

Chapter 1 of MAGNA CARTA

Title

Article 1 of Chapter 1 of MAGNA CARTA

Title//Article 1// Chapter 1

The Resolution shall be known as the Magna Carta for Residential Electricity Consumers.

Definition of Terms

Article 2 of Chapter of Magna Carta

Bill Deposit (A)

The deposit required from customers by distribution utilities of new and/or additional service equivalent to the estimated billing for one month to guarantee payment of bills.

Billing Adjustment (B)

The amount charged to the consumer for the *unbilled electricity consumed* resulting from a stoppage or defect, conspicuous or otherwise, in the meter, provided that there is *no evidence of tampering* thereon.

Connection Point (C)

The point of connection of the User System or Equipment to the Grid or to the Distribution System. Also known as "Tapping Point" or "Point of Common Coupling (PCC)".

Consumer or Customer or End-user (D)

Any person who is registered consumer of the electric utility being supplied with electricity by the concerned distribution utility or nay person authorized by the registered customer to occupy the premises and enjoy electric service.

Distribution Utility (E)

Any electric cooperative, private corporation, government-owned utility or existing local government unit which has an exclusive franchise or is authorized by law to *distribute electricity to end-users*.

Differential Billing (F)

The amount charged to the consumer for the *unbilled electricity illegally consumed* as determined through the use of methodologies prescribed by law. It is determined by *multiplying the unbilled consumption in kWh*, the period covered and the current rate of electricity* at the time of apprehension.

Energy Regulatory Commission (ERC) (G)

The independent regulatory agency created under Republic Act No. 9136, otherwise known as the Electric Power Industry Reform Act of 2001 (EPIRA)

Month (H)

The elapsed time between two succeeding meter readings, at least 28 days apart but not to exceed 31 days

Officer of the Law (I)

Any person, by direct provision of the law or by-election or by appointment by the competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as barangay captain/chairman, barangay councilman, barangay leaders, officer or member of Barangay Community Brigades, Barangay policeman, PNP policeman, municipal councilor, municipal mayor and provincial fiscal.

Registered Customer (J)

Customer who has a valid service contract with the electric distribution utility.

Residential Consumer (K)

Customer classified as such in the distribution utility’s rate schedule as approved by the ERC

Energy Regulatory Commision

Meaning of ERC

Applicability

Article 3 / Chapter 1

Basic Rights

Article 4 / Chapter 1

Consumer Rights

Chapter 2

Right to Electric Service

Article 6. A consumer has the rights to be connected to a distribution utility for electric power service after the consumer’s full compliance with the distribution utility and the local government units’ requirement.171

Right to a Refund of Bill Deposits

Article 7. The bill deposit under article 28 can be refunded. If the costemer has paid bills before its due for consecutive 3 years pwede sya mag pa refund sa deposit bill. Mag file sya ug request and after 1 month madawat niya ang refund even before mag end iyang contract.

Exemption from Payment of Meter Deposits

Article 8. All consumers shall be exempted from payment of meter deposits since private distribution utililities include it in their rate of prices. Ang company na ang mugasto ana. Pero if maguba ang meter, bayaran na sa tag iya ang replacement.

Right to an Accurate Electric Watthour Meter;Determination of Average Error

Article 9.No meter or instrument transformer shall be installed or use if wala pa na inspect uf na sealed sa ERC

Right to a Refund of Over Billings

Article 10. Chstomer has a right of refund im case of pver billing by the distribution utility arising from a meter testing showing that the said meter was fast without evidence of tampering. If mapatunayan nga so ra ang billing for 2%, ma refund ang gibayang for the last 6 months prior sa discovery of error to be applied on their next bills

Right to a Properly Installed Meter

Art.11 The customer gas the right to a meter installled in a clean place free of vibration and where it will be easily accessible and visible for reading and testing by both the distribution utility and the consumer. Dapat naa sa outside sa wall naka dilit ang meter dapat dili mulapas ug 3 meters ang height and 1.52 meters ang mounting height

Right to a Meter testing by Electric Utility

Article 12.A custoemr has the right to request a testing from the ERC every 2 years free of charge. In case more than once in every two years naga request si costumer tas correct ang reading sa meter, maka bayad si costumer under EC Schedule of Fees and Charges, pero if naay error sa meter, free na sya and pwede sya mu request uf bag o na meter or ipa recalibrate ang meter and maapply sad tung Article 10 na right to a refund of overbilling

Rights to a Report Investigation of Complaints

Article 13. Distribution Utilities shall promptly record and investigate all complaints referred to them concerning their services. 15 days after the complaint has been filed dapat naa nay report of actions galing sa company

Rigths to extension of lines and facilities

Acticle 14. If ang costumer kay within 30 meter range sa second low voltage lines sa company pwede sya mag request uf additional lines and facilities, pero if dili kay makagasto sya ug sariling money pero pwede sya mag file ug request for refund upto 25% of the gross distribution revenue derived sa calendar year sa company.

Article 15

Right to Information: Scheduled Power Interuption

Atleast 2 days before mag brown out dapat naay notice

Article 16

Right to transparent Billing

Article 17

Right to a Monthly Electricity Bill

Article 18

Right to Due Process prior to Disconnection of Electric Service

Republic Act No. 7832

Known as Anti-Electricity Pilferage Law

Article 19

Right to a Notice Prior to Diaconnection

For disconnection due to nonpayment, a notice must be serve atleast 48 hrs before disconnecting

Article 20

Right to Suspension of Disconnection

Article 21

Right to tender payment at the point of Disconnection: Deposit representing the Differential Billing

if naay ipakita ang consument na Differential billing during or before ma disconnect sa officer, tagaan syag 24 hrs to pay their bills. Ka isa rani magamit

Article 22

Right to Electric Service Despite Arrearages of Previous tenant

pwede magpa connect ang bag o na mupuyo sa premises despite sa mga unpaid bills sa daan na tenant

Article 23

Right to reconnection of Electric services

Article 24

Right to Witness Apprehension

Article 25

Right to ERC testing of Apprehended Meter

Article 26

Right to Payment Under Protest

Article 27

Right to File Complaints before ERC

Chapter 3

Consumer Obligations

Article 28

Obligation to pay bill deposit

Article 29

Obligation to allow inspection, installation and removal of electricity apparatus

Article 30

Obligation to allow construction of poles, lines and circuits

Article 31

Obligation to receive monthly bills

Article 32

Obligation to pay monthly electric bills

Not later than 9 days after ma receive ang bill

Article 33

Obligation to pay billing adjustment

Article 34

Obligation not to Commit Illegal Use of Electricity

Article 35

Obligation to pay. Diffectial biliing

Chapter 4

Final Provision

Article 36

Implementation

Implementation of artcle 7,8 & 28

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 ot consumer the opportunity to be heard, may impose on accordance with law

Article 38

Separability Clause

If any provision of this code is declared unconstitutional or invalid , the other provision not affected thereby shall remain in force and effect.

Article 39

Repealing Clause

Provision if ERB Res No 95-21 as amended, rules, regulation, 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 on 15 days after its publication