Philippine Energy Research and Policy Institute Act

Case Overview and Summary

Summary of Republic Act No. 11572 (Philippine Energy Research and Policy Institute Act)

Establishment of the Philippine Energy Research and Policy Institute (Section 3)
- An independent agency attached to the University of the Philippines (UP)
- Shall have its own budget separate from UP

Objectives of the Institute (Section 4)
- Conduct independent multidisciplinary or transdisciplinary energy research and policy development (Section 4a)
- Promote collaborative energy research and policy development among stakeholders (Section 4b)
- Maintain independence from political affiliations, technological bias, or presuppositions (Section 4c)
- Ensure coordination and dissemination of results to key government agencies (Section 4d)
- Provide assistance to the government, regulators, and legislature on energy issues (Section 4e)
- Establish mechanisms for dissemination and utilization of research outputs (Section 4f)
- Create and administer training programs and provide fellowship grants (Section 4g)
- Serve as a medium for bringing together local and international energy experts (Section 4h)
- Create and maintain a data bank following the Data Privacy Act of 2012 (Section 4i)
- Maximize the use of digital technologies (Section 4j)

Powers and Functions of the Institute (Section 5)
- Formulate and conduct research on energy, energy technology, energy markets, and related issues (Section 5a)
- Establish linkages with agencies, universities, and institutions on energy research and policy studies (Section 5b)
- Conduct research, policy development programs, and capacity-building trainings on energy (Section 5c)
- Provide common research support facilities and maximize utilization of technical experts and staff (Section 5d)
- Enhance the pool of researchers and faculty with graduate and postgraduate degrees in energy fields (Section 5e)
- Establish local and foreign linkages in energy research and policy development (Section 5f)
- Serve as the repository of all energy-related researches, studies, and data (Section 5g)
- Propose and allocate its annual budgetary resources while optimizing resource generation and utilization (Section 5h)
- Receive and manage grants, aid, donations, contributions, or any kind of assistance (Section 5i)

Organizational Structure (Section 6)
- Headed by an Executive Director who reports to the Executive Board
- Research and policy direction determined by the Executive Board and implemented by the Executive Director
- Supported by a pool of research fellows from diverse disciplines and various universities

Executive Director (Section 7)
- Recognized expert in energy research and policy development with at least 3 years experience in the energy sector
- Strong organizational management background
- Appointed by the UP President upon recommendation of the Executive Board
- Serves a 5-year term, renewable
- Must publicly disclose any previous employment, consultancy, or connection with energy industry participants
- Must divest of any interest in any energy industry participant
- Must terminate employment or consultancy with any energy industry participant
- Must strictly avoid any conflict of interest

Powers and Functions of the Executive Director (Section 8)
- Implement and enforce research and policy direction, policies, decisions, orders, rules, and regulations (Section 8a)
- Exercise administrative and supervisory functions over planning, implementation, and evaluation (Section 8b)
- Recommend organizational structure, position classification, compensation, appointment of research fellows, officers, and employees, and overall budget (Section 8c)
- Submit regular reports, including annual reports on operations, status of programs and projects, and financial condition (Section 8d)
- Apprise the Executive Board regularly on programs and projects (Section 8e)
- Execute contracts, incur obligations, acquire and dispose of assets, and deliver documents (Section 8f)
- Generate and obtain logistical and financial support for programs and component units (Section 8g)
- Not engage in any act that may result in a conflict of interest (Section 8h)
- Exercise and perform other powers, functions, and duties assigned by the Executive Board (Section 8i)

Executive Board of the Institute (Section 9)
- Composed of 7 members: UP President as ex officio Chairperson, and at least 1 representative from engineering, law, science, statistics, economics, social science, and public health (4 from academe, 2 from private sector)
- Members chosen by the UP President
- Term of 3 years, renewable for 2 more terms
- May invite government agencies, consumer groups, and advocacy groups as resource persons

Powers and Functions of the Executive Board (Section 10)
- Provide general direction and priorities of the Institute (Section 10a)
- Determine research and policy areas for study and an annual research agenda (Section 10b)
- Provide advice on any matter relating to research or policy area development and administration (Section 10c)
- Approve organizational structure, position classification, compensation, appointment of research fellows, officers, and employees, and overall budget (Section 10d)
- Monitor and review programs and projects undertaken by the Executive Director (Section 10e)
- Assist the Executive Director in generating resources and obtaining logistical and financial support (Section 10f)
- Assign additional powers, functions, and duties of the Executive Director (Section 10g)

Organization of Human Resource Complement (Section 11)
- Organized and set up by the Executive Director subject to Sections 8 and 10
- Maintain a pool of researchers from various disciplines

Education and Capacity Building (Section 12)
- Support further education and training for officers and employees, including advanced degree studies, short-term programs, online courses, and participation in conferences

Public Access (Section 13)
- Make available to the public its research papers, data, and other resources by posting on its website
- Provide access to facilities in a manner provided in the implementing rules and regulations

Confidentiality (Section 14)
- Not post or disclose any proprietary or confidential data and other resources unless prior consent of the source or owner has been obtained

Special Account for Energy Research (Section 15)
- A Special Account in the General Fund (SAGF) for energy research shall be established and maintained by the Bureau of the Treasury
- The SAGF shall recognize and accept grants, contributions, and donations collected for energy research

Appropriations (Section 16)
- An initial operating fund of Two hundred million pesos (P200,000,000.00) is appropriated from the General Appropriations Act
- Thereafter, amounts necessary for sustainable operations shall be appropriated from the General Appropriations Act based on the annual financial plan approved by the Executive Board

Government Contribution to Research Funding (Section 17)
- Government agencies concerned are authorized to include in their respective annual budget amounts as their contribution to the funding of certain research activities of the Institute

Tax Exemptions and Tax Expenditure Fund (Section 18)
- The Institute shall be entitled to all the tax exemptions enumerated under Section 25 of Republic Act No. 9500 (UP Charter of 2008)
- The Institute may avail of the Tax Expenditure Fund pursuant to Executive Order No. 292, Presidential Decree No. 93, Presidential Decree No. 1177, and other applicable laws, rules, and regulations

Implementing Rules and Regulations (Section 19)
- Within 90 calendar days from the effectivity of this Act, the UP, in consultation with the academe and other stakeholders, shall promulgate the necessary implementing rules and regulations, subject to the approval of the UP Board of Regents

Separability Clause (Section 20)
- If any portion or provision of this Act is declared unconstitutional, the remainder shall remain in force and effect

Repealing Clause (Section 21)
- Any law, presidential decree, executive order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly

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