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BATAS PAMBANSA BILANG. 73BATAS PAMBANSA BLG. 73 - AN ACT TO
FURTHER PROMOTE ENERGY CONSERVATION AND FOR OTHER PURPOSES
Section 1.
Declaration of Policy. — In the face of the uncertainties of continuing
world oil supplies, it is hereby declared the policy of the State to
institutionalize energy conservation in order to enhance the
availability of energy supplies required to support the country's
economic, social and developmental goals.
Sec. 2. In order to carry out the policy declared
in this Act, the heads of ministries, bureaus, and agencies of the
Government, including those of political subdivisions and
government-owned or controlled corporations, shall adopt and strictly
enforce measures, particularly those that will facilitate and expedite
official action on transaction involving the public, to promote the
conservation of energy. They shall enjoin observance of such measures
by their officers and employees through administrative sanctions.
Sec. 3. Towards the same end and to develop a more
dynamic and effective program for the rational use of energy, the
following acts are hereby prohibited:
(a) The importation, manufacture or assembling of
gasoline-powered passenger motor cars with engine displacement over
2,800 cubic centimeters or Kerbweight exceeding 1,500 kilograms,
including accessories.
(b) The use of neon lights and electric lights for
commercial advertising earlier than 6:00 o'clock PM. and beyond 9:00
o'clock PM.; and, except during the Christmas season and during the
Ramadan, the deliberate use of unnecessary and excessive lighting in
hotels, motels, shopping complexes, buildings, structures and similar
commercial establishments as shall be determined by the Ministry of
Energy in accordance with accepted electrical standards and
practices.
(c) The use of government vehicles for purposes other
than official business: Provided, That in every case, the trip ticket
authorizing the use of the vehicle shall be displayed on the windshield
or in another conspicuous place on the vehicle: Provided, further, That
vehicles used by intelligence and investigative agencies of the
Government shall not be covered by the foregoing proviso.
The use of the government vehicles on Sundays, legal holidays, or
outside regular office hours or outside the route of the officials or
employees authorized to use them, or by any person other than such
official or employee, shall, unless properly authorized, be prima facie
evidence of the violation of this paragraph. For the purpose of this
paragraph, vehicles owned by government-owned or controlled
corporations are deemed government vehicles.
Sec. 4. Also towards the same end and to develop a
more dynamic and effective program for the rational use of energy, the
Ministry of Energy, after public hearings, is hereby empowered:
(a) To establish and administer a fuel allocation and
rationing program during periods of tight supply, and to assure that
dealers of fuel deliver the right quality and quantity of the product
to their customers.
(b) To require, at reasonable profit levels, the
distribution and sale of alcohol/gasoline or other energy blends in
order to increase the use of domestic energy resources.
(c) To set standards of energy consumption for
oil-powered or electric-driven machinery, equipment, appliances,
devices, and vehicles imported into, manufactured, assembled or sold in
the Philippines for domestic use, in consultation with the Ministry of
Industry and the Ministry of Trade, taking into account the technical
and economic limitation involved.
(d) To require industrial, commercial and transport
entities or establishments to collect or cause the collection of waste
oil for recycling as fuel or lubricating oil.
(e) To fix the oil refineries' production yields and
product quality, especially during periods of oil shortage, taking into
account the technical limitations involved.
(f) To require industrial, commercial and transport
establishments consuming more than one million fuel oil equivalent
liters of energy including liquid fuels and electricity annually to
submit fuel and electric consumption as well as production and sale
statistics, in order to properly monitor energy consumption and
utilization efficiency.
(g) To set, in consultation with the Ministry of
Industry, energy use standards for industrial, commercial and transport
establishments, taking into account the technical and economic
limitations involved: Provided, however, That in the case of sugar
mills and refineries, the Philippine Sugar Commission shall be
consulted.
(h) To require industrial, commercial and transport
establishments consuming more than two million fuel oil equivalent
liters of energy annually to employ qualified engineers to act as
energy managers, and to submit energy conservation programs and energy
audits.
(i) To regulate, in consultation with the Ministry of
Public Works and the Ministry of Industry, the use of air-conditioners
in offices and in commercial and industrial establishments, including
but not limited to requiring the use of thermostats and setting them to
certain temperatures that will conserve energy but still assure
reasonable convenience to the users thereof. A permit issued by the
Ministry shall be required for all new or additional air-conditioning
equipment to be installed after January 1, 1981, in commercial and
industrial establishments so as to ensure that capacity is not in
excess of that which is reasonably required to cool the premises.
Sec. 5. The Ministry of Labor and Employment, in
consultation with the Ministry of Industry and the Ministry of Trade,
is hereby empowered to stagger the working hours in industrial and
commercial establishments and in offices, or fix the number of working
days per week in such establishments or offices, for the purpose of
conserving energy and relieving traffic congestion: Provided, however,
That no diminution in the pay of the employees or workers affect shall
result thereby: Provided, further, That in fixing working hours and
working days in the Metro Manila Area, the Metro Manila Commission
shall be consulted.
Sec. 6. The Ministry of Education and Culture is
hereby empowered to fix the schedule of school hours in urban centers
for the purpose of conserving energy and relieving traffic congestion,
without, however, sacrificing educational standards; and also to
prescribed the study of energy conservation in the appropriate grades
or levels in schools.
Sec. 7. The Ministry of Trade, in consultation
with the Ministry of Tourism and the Ministry of Labor and Employment
is hereby empowered to limit and fix the operating hours of business
and entertainment establishments, except those business establishments
which by their very nature have to operate on a twenty-four hour basis:
Provided, That the Ministry of Trade shall require the manufacturers or
dealers of oil and electric-consuming devices, equipment, appliances,
and vehicles manufactured or sold in the Philippines to show their
product's energy requirements and consumption efficiency.
Sec. 8. The Ministry of Human Settlements is
hereby empowered to set standards in accordance with accepted
engineering principles and practices in the use of building materials
and the designs for private offices, commercial, and industrial
buildings, which will promote the ends of energy conservation. The
Ministry, with the assistance of the Ministries of Industry, Labor and
Employment, and Education and Culture, shall also make plans and find
ways to enable people to reside at a convenient distance from the place
where they work and/or study.
Sec. 9. The Ministry of Transportation and
Communication is hereby empowered to regulate the use of motor vehicles
so as to conserve fuel and relieve traffic congestion, including but
not limited to restricting the use of certain type of vehicles during
peak hours of the day and during Sundays and legal holidays, or their
use for certain destinations or over certain streets during stated
hours; or imposing or over careless days; or requiring the organization
of car pools in specific areas or among residents of certain
neighborhoods; or fixing a minimum number of passengers for certain
types of motor vehicles with certain destinations; or fixing speed
limits on certain highways or streets; or requiring certificates of
roadworthiness before registration of motor vehicles; or denying
registration to vehicles which do not meet the standards of energy
consumption set pursuant to the provisions of this Act; or setting and
enforcing yearly limits on the number of passenger car that are sold
and/or registered for the first time.
Sec. 10. The Ministers of the various ministries
empowered to perform certain acts in the preceding sections shall
conduct public hearings with sixty (60) days from the date of the
approval of this Act, and thereafter issue such rules and regulations
as may be necessary to implement its provisions. Such rules and
regulations shall be subject to the approval of the President (Prime
Minister) and shall take effect fifteen (15) days after their last
publication in two (2) newspapers of general circulation in the
Philippines once a week for two (2) consecutive weeks.
Sec. 11. Any person who wilfully violates any
provision of Section three hereof or any rule or regulation promulgated
pursuant to the authority granted in this Act shall, upon conviction,
be punished by a fine of not less than one thousand pesos but not more
than five thousand pesos, or by imprisonment of not less than one month
nor more than one year, or both, in the discretion of the court:
Provided, That if the violation is committed by a juridical person, the
penalty herein provided shall be imposed on the official and/or
employee thereof responsible for the violation: Provided, further, That
if the violation is committed by a government official or employee
including those in government-owned or controlled corporations, he
shall, in addition to the penalty provided above, be subject to
disciplinary administrative proceedings and penalties: Provided,
finally, That any passenger motor vehicle manufactured or assembled in
violation of Sec. 3 (a) hereof shall, after proper proceedings, be
confiscated and forfeited in favor of the Government.
Sec. 12. Any provision of law, presidential
decree, executive orders, or rules and regulations inconsistent with
the provisions of this Act or with the rules and regulations issued
pursuant thereto, is hereby repealed or modified accordingly.
Sec. 13. If for any reason or reasons, any part or
provision of this Act shall be held unconstitutional or invalid, no
other part or provision hereof shall be affected thereby.
Sec. 14. This Act shall take effect upon its
approval and shall remain in force for a period of five years
thereafter.
Approved: June 11, 1980.
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