Consumer Welfare Desks and Rules Governing Complaints Filed with the Consumer Affairs Service of the ERC

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Consumer Welfare Desks and Rules Governing
Complaints Filed with the Consumer Affairs
Service of the ERC
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Consumer Welfare Desk

• Sec. 41, RA 9136
• The ERC shall handle consumer complaints and
  ensure the adequate promotion of consumer
  interests.

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Consumer Welfare Desk

• Rule 34 of the IRR of RA 9136 Education and
  Protection of End-Users
• Consumer Education
• Consumer Protection

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Consumer Welfare Desk

• Section 3, Rule 34 of IRR
• The ERC shall ensure customer choice and promote
  consumer interests. It shall issue appropriate
  guidelines and mechanisms to handle the
  following
• Speedy resolution of consumer complaints
• Creation of a permanent consumer complaint desk
  at ERC and in all electric utilities and other
  providers of electric power to oversee the
  promotion of consumer interests

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Consumer Welfare Desk

• Speedy Resolution of Complaints
• Rules of Procedure Governing Complaints Filed
  with the CAS
• Creation of Permanent Consumer Desks
• Consumer Affairs Service of the ERC
• Consumer Welfare Desks in all electric utilities
  and other providers of electric power

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Consumer Welfare Desk

• Responsibilities
• Acts as front-liner in receiving consumers
• Provides consumers with timely, relevant and
  complete information on electricity matters
  affecting their interests
• Entertains and records consumer complaints
• Evaluates and present recommendations for the
  immediate resolution of complaints
• Endorses complaints to the concerned department
  of the utility/cooperative or the CAS-ERC

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Consumer Welfare Desk

• Musts for the Focal Person
• Familiarity with the utility/cooperatives
  policies, and all pertinent laws, rules and
  regulations directly affecting consumers i.e.
  ERB Res. 95-21, RA 7832 (Anti-Electricity
  Pilferage Act) and its IRR
• Acts within a specific timeframe
• Good human relations

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Consumer Welfare Desk

• Failure to resolve complaint at the
  utility/cooperatives Consumer desk
• Consumer may file a complaint with the CAS
• Complaints filed with the CAS governed by Rules
  of Procedure

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Rules of Procedure Governing Complaints

• Complaints may be filed formally or informally
  with the CAS Head Office, Visayas Field Office or
  Mindanao Field Office
• Prior consultation with the utility/cooperatives
  consumer desk required
• Certification against non-forum shopping

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Rules of Procedure Governing Complaints

• Contents of a Complaint
• Full names and addresses of the parties/real
  parties-in-interest
• Specific act complained of constituting the
  violation
• Relief/s being sought
• Other information relevant to the complaint

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Rules of Procedure Governing Complaints

• Complaints of any violation of existing laws,
  rules, regulations and policies implemented by
  the Energy Regulatory Commission (ERC)
• Respondent required to answer within ten (10)
  days from receipt of notice
• Denial of the material allegations and/or
• Alleging lawful defenses

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Rules of Procedure Governing Complaints

• Notice to Respondent to Answer shall include
  schedule of Initial Pre-Hearing Conference
• Maximum of four (4) Pre-Hearing Conferences
• Presence of counsel is optional during the
  pre-hearing conferences

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Rules of Procedure Governing Complaints

• Case shall be terminated within six (6) months
  from filing unless the parties agree to amicably
  settle or the case is endorsed to the Legal
  Service for Hearing

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Rules of Procedure Governing Complaints

• Factors affecting Resolution of Complaints
• Nature of the Complaint
• Questionable Billings
• Differential billings
• Behavior of the Complainant/Respondent
• Non-appearance of Parties during the Pre-Hearing
  Conferences

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• Thank you!!!