MAGNA CARTA FOR RESIDENTIAL ELECTRICITY CONSUMERSPursuant to the provisions of Sec. 41 of RA 9136 (EPIRA) the ERC promulgated this magna carta as adopted in a Resolution on June 9, 2004. CHAPTER 1 General Provisions (salient provisions only) Article 4. Basic Rights. a) To have quality, reliable, affordable, safe, and regular supply of electric power. b) To be accorded courteous, prompt, and nondiscriminatory service by the electric service provider; c) To be given a transparent, non-discriminatory and reasonable price of electricity consistent with the provisions of RA 9136; Chapter 1 (salient provisions only) d) To be an informed electric consumer and given adequate access to information on matters, affecting the electric service of the consumer concerned; e) To be accorded prompt and speedy resolution of complaints by both the distribution utility and/or the ERC; f) To know and choose the electric service retailer upon the implementation of Retail Competition; and .Chapter 1 (salient provisions only) g) To organize themselves as a consumer organization in the franchise area where they belong and where they are served by the distribution utility or as a network of organizations. CHAPTER II Consumer Rights Art. .consumer not owner: submit an undertaking that they are jointly and severally liable for any unpaid bills of applicant after leaving. Right to Electric Service . . 6.after compliance of the DU and LGU requirements. in the absence of or insufficiency of the bill deposit. Art. a QTP (qualified third party) can be allowed to provide electric service.Chapter II. Labor cost in service dropping is free. 6 In areas where the DU can¶t provide electricity. . . .bill deposit shall be refunded within 1 month from termination of service provided all bills have been paid.Article 7. Right to a Refund of Bill Deposits .Prompt payors for 3 consecutive years may demand for full refund even prior to the termination of his service. Exemption from Payment of Meter Deposits due to the incorporation of the cost of the electric watthour meters in their rate base. . Reinvestment funds shall be used to procure kwh meters for the consumers. the consumer shall bear the replacement cost of the meter.Article 8. for loss or damage of the kwh meter. instrument transformers shall be tested. Determination of Average Error Meters. certified and sealed by the ERC.Article 9. ERC seal is a warranty that (1) the meter is an acceptable or accepted type. Right to an Accurate Electric Watthour Meter. and (2) that it operates within the allowable limits of tolerance. . Right to a Refund of Overbillings Arising from a meter testing showing that the said meter was fast without any evidence of tampering.Article 10. . to be applied in the customer¶s future billings. the customer is entitled to a refund for a maximum period of 6 months prior to the date of discovery. If found to have an average error of more than the tolerance of plus two percent. not more than 3 meters nor less than 1. accessible and visible for reading and testing by the DU and the consumer. . not behind doors but outside the wall of the building or private pole.Article 11.52 meters mounting height from the surface on which one would stand to repair or inspect the meter. Right to a Properly Installed Meter clean place. free of vibration. duly tested and sealed by the ERC. . if by request of the consumer testing is done more than once in 2 years.Article 12. and the meter is within tolerable limit. Right to a Meter Testing by Electric Utility and /or ERC once every 2 years free of charge. the DU may charge a testing fee based on the testing fee charged by the ERC. done with a written report. . customer may file with ERC. In case of disagreement. if none report must be made 15 days upon receipt of the complain. Customer Dealings The DU must furnish the complainant a report on action taken based on the Compliance Plan.Article 13. Right to a Prompt Investigation of Complaints. Use of ID at all times in dealing with consumers. .Article 14. Right to Extension of Lines and Facilities right of a customer within 30 meters from the DU¶s existing secondary low voltage lines. customer may initially fund the necessary expenditures. To recover. other than the sdw. free of charge. But if beyond said distance. the customer may demand notes from the DU for refund at a rate of 25% of the gross dx revenue for the cy. hall or public market) for posting of announcements/documents affecting consumers. Scheduled Power Interruptions Provide Customer Bulletin Board (front of the entrance of the city/mun. announcement should be done in print or media . Right to Information. Establish communication facilities and SMS exclusive to customers.Article 15. At least 2 days before a scheduled PI. Right to a Transparent Billing The unbundled rates. .Article 16. Right to a Monthly Electricity Bill Bills delivered monthly and payable to collectors. banks. authorized agents. Duplicate of bills shall not be destroyed within 5 years without authority from the ERC. collection office. .Article 17. for justifiable reasons. .Article 18. requests. illegal use of electricity under RA 7832. agencies/courts when public safety requires. Allowing others to connect to his installation. 32 of this MC. Right to Due Process Prior to Disconnection of Electric Service Disconnection shall only be made for: non-payment of bills within the period of time provided in Art. upon lawful orders of govt. for pilferers caught in flagrante delicto.Article 19. notwithstanding existence of the customer¶s bill deposit which will serve as guarantee for payment of his future bills after reconnection. . Immediate disconnection after serving written notice or warning to the effect. Right to a Notice Prior to Disconnection service of notice is 48 hrs before discon. Right to Suspension of Disconnection Notwithstanding the service of notice but subject to the provisions of RA 7832.Article 20. Saturdays. and under the following or any other similar circumstances: . Sundays and official holidays. disconnections of service shall not be made on any week day beyond 3:00 PM. whichever comes first) .Article 20 (cont¶d) a) One of the permanent occupants is sick and dependent on a life support system requiring electricity. = medical certificate issued by a duly licensed physician/pho« (not over 2 months) b) During the funeral wake of a deceased permanent resident of the premises = death certificate by the LCR (not over 1 month or until interment. Notice. (not caused by refusal) d) Customer is billed in a single statement for consumption covering several months due to failure to issue monthly SoA to the customer. is not around but not applicable to discons due to non-payment of electric bills.Article 20 (cont¶d) c) Customer indubitably proves he did not receive a SoA and/or Discon.(agreement to stagger payments) e) Customer or rep. . Right to Tender Payment at the Point of Disconnection. Deposit Representing the Differential Billing If payment is tendered during disconnection the DU shall desist from disconnecting and allow the customer to pay within 24 hours.Art. 21. his differential billing. but the customer can only invoke once for the same unpaid bill. . No discon. or immediate restoration upon the deposit by the customer with the DU or competent court. Article 22. Right to Electric Service Despite Arrearages of Previous Tenant The DU shall not refuse or discontinue service to an applicant who is not in arrears to the DU. even though there are unpaid bills due from the previous occupant. . unless there is evidence of conspiracy to defraud the DU. not exceeding 24 hours from payment. The 24-hr period may be extended only for justifiable reasons.Article 23. Right to Reconnection of Electric Service From payment of arrearages. . reconnection shall immediately for a period provided in the Compliance Plan approved by the ERC in accordance with the PDC. Right to Witness Apprehension In violation of RA 7832. .Article 24. apprehensions must be personally witnessed by the customer or someone of suitable age and discretion residing therein and acting in behalf of the owner and by an officer of the law or by an ERC representative. the DU shall immediately replace the meter until the ERC confirms the tampering. Upon removal. and shall be opened only for testing by the ERC¶s duly authorized representative. . Right to ERC Testing of Apprehended Meter In case no ERC representative is present during the apprehension. the meter must be placed in a suitable container.Article 25. properly identified and sealed. . the consumer shall have the right to pay under protest for purposes of continuous supply of electricity. Right to Payment Under Protest For billing adjustments due to stopped meters.Article 26. Such payment shall not be construed as an admission of any violation of law or of the contract with the DU. or for differential billing due to allege pilferage. including but not limited to RA 9136 and its IRR. guidelines and policies. as amended. . regulations. rules. Provided. Right to File Complaints before ERC On the consumer ± for violation of ERC laws. that the complainant has previously discussed/consulted with the CWD Officer or representative of the DU and no settlement was reached. RA 7832 and its IRR and ERB Resolution 95-21.Article 27. is more or less the initial deposit. when the actual ave. Provided that after 1 yr and every year thereafter.CHAPTER III Consumer Obligations Article 28. Obligation to Pay Bill Deposit A bill deposit from all residential customers to guarantee payment of bills shall be required of new and/or additional service. (Failure to pay bill deposit is a ground for disconnection. corresponding increase or decrease shall be made on such deposit.) . = equivalent to the estimated billing for 1 month. Lines and Circuits Art. 29. Obligation to Allow Inspection. Installation and Removal of Electricity Apparatus Art. 30. Obligation to Allow the Construction of Poles.OTHER OBLIGATIONS Art. Obligation to Receive Monthly Bills . 31. Article 33. a maximum of 3 months prior to the discovery of the stoppage. . If there is actual stoppage or any conspicuous defect. the DU may only be allowed to recover the unregistered consumption for a maximum of 6 months prior to the discovery of the defect. On pilferage. but not to exceed 2 years. Obligation to Pay Billing Adjustments If the meter was merely found to be defective and has not completely stopped. recovery should not go beyond the period from the last testing of the meter prior to the date of discovery. Obligation not to Commit Illegal Use of Electricity Art. 34. Obligation to Pay Differential Billing (RA 7832) . 35.Chapter III (cont¶d) Art. 8 and 28 are subject to ERC guidelines. Violation . 36.15 days after publication (July 5. Implementation . Art.Art. 2004) . 7.Chapter IV FINAL PROVISIONS Art.subject to ERC penalty after hearing Art. 39. 40 ± Effectivity . 37. Repealing Clause Art. 38. Separability Clause Art. we cannot do otherwise but comply. And since they are our regulators. . This is how the ERC looks at the electric industry scenario. but it is the law.THANK YOU ! The Magna Carta for Residential Consumers may in some way curtail some rights of the EC but not the end-users. ³Dura Lex Sed Lex´ ± the law may be harsh.
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