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Batas Pambansa Bilang 73
AN
ACT TO FURTHER PROMOTE ENERGY CONSERVATION AND FOR OTHER PURPOSES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 73AN
ACT TO FURTHER PROMOTE ENERGY CONSERVATION AND FOR OTHER PURPOSES.chan
robles
virtual law library
chan
robles virtual law librarySection
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.chanrobles virtual law library
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.chanrobles virtual law library
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:chanroblesvirtuallawlibrarychanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
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:chanroblesvirtuallawlibrary
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(e) To
fix the oil refineries' production yields and product quality,
especially
during periods of oil shortage, taking into account the technical
limitations
involved.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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. chanrobles virtual law library
Sec.
11. Any person who willfully
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 Section 3 (a) hereof shall, after proper proceedings,
be
confiscated and forfeited in favor of the Government.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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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