Ra 7832 - Irr PDF
Ra 7832 - Irr PDF
Home Back
July 7, 1995
Pursuant to Section 14 of Republic Act No. 7832, the Energy Regulatory Board hereby adopts and promulgates the following
Rules and Regulations to implement the aforesaid law. cDHAES
RULE I
General Provisions
SECTION 1. Title. These Rules shall be known as the Implementing Rules and Regulations of the Anti-Pilferage of
Electricity and Theft of Electric Transmission Lines/Materials Act of 1994.
SECTION 2. Construction. These Rules shall be strictly construed to attain the efficient and effective implementation
of R.A. 7832.
SECTION 3. Definition of Terms. As used in this Rules:
a) "ERB" means the Energy Regulatory Board;
b) "DOE" means the Department of Energy;
c) "NEA" means the National Electrification Administration;
d) "NPC" means the National Power Corporation;
e) "Utility" means the Private or Investor-owned Electric Utility and that owned and/or operated by the Municipal,
City, Provincial or National Government;
f) "Cooperative" means the Rural Electric Cooperative;
g) "Electric power transmission line/material" refers to electric power transmission steel towers, wood-poles, cables,
wires, insulators, line hardwares, electrical conductors and other related items with minimum voltage of sixty-nine
kilovolts (69 kv), such as the following:
(1) Steel transmission line towers made of galvanized steel angular members and plates or creosoted and/or
tannelized woodpoles/concrete poles and designed to carry and support the conductors;
(2) Aluminum conductor steel reinforced (ACSR) in excess of one hundred (100) MCM;
(3) Overhead ground wires made of 7 strands of galvanized steel wires, 3.08 millimeters in diameter and
designed to protect the electrical conductors from lightning strikes;
(4) Insulators made of porcelain or glass shell and designed to insulate the electrical conductors from steel
towers or woodpoles; and
(5) Various transmission line hardwares and materials made of aluminum alloy or malleable steel and
designed to inter-connect the towers, conductors, ground wires, and insulators mentioned in
subparagraphs (1), (2), (3) and (4) above for the safe and reliable operation of the transmission lines.
h) "Differential billing" shall refer to the amount to be charged to the person concerned for the unbilled electricity
illegally consumed as determined through the use of methodologies outlined in Section 6 of R.A. 7832;
i) "Apprehension" shall be understood to mean the discovery of the presence of any of circumstances enumerated
in Section 4 of R.A. No. 7832 in the establishment or outfit of the consumer concerned as personally witnessed
and attested to by the consumer concerned or a duly authorized ERB representative or any officer of the law, as
the case may be.
j) "Power sold by NPC or any other entity that supplies power directly to a consumer" is deemed to be sale directly
to the consumer if: (1) the point of metering by the NPC or any other utility is less than one thousand (1,000)
meters from the consumer, or (2) the consumer's electric consumption is three (3%) or more of the total load
consumption of all the customers of the utility, or (3) there is no other consumer connected to the distribution line
of the utility which connects to the NPC or any other utility point of metering to the consumer meter;
k) "Current bill" shall mean the latest monthly bill served by the utility or cooperative which does not include any
period before the time of apprehension;
l) "Current rate" shall mean the average rate of electricity per kilowatthour as reflected in the current bill.
RULE II
Illegal Use of Electricity and Theft of Electric Power Transmission Lines and Materials
SECTION 1. Illegal Use of Electricity. It shall be unlawful for any person, natural or juridical, private or public to:
(a) Tap, make or cause to be made any connection with overhead lines, service drops, or other electric service
wires, without previous authority or consent of the private electric utility or rural electric cooperative concerned;
(b) Tap, make or cause to be made any connection to the existing electric service facilities of any duly registered
consumer without the latter's or the electric utility's consent or authority;
(c) Tamper, install or use a tampered electrical meter, jumper, current reversing transformer, shorting or shunting
wire, loop connection or any other device which interferes with the proper or accurate registry or metering of
electric current or otherwise results in its diversion in a manner whereby electricity is stolen or wasted;
(d) Damage or destroy an electric meter, equipment, wire or conduit or allow any of them to be so damaged or
destroyed as to interfere with the proper or accurate metering of electric current; and
(e) Knowingly use or receive the direct benefit of electric service obtained through any of the acts mentioned in
subsections (a), (b), (c) and (d) above.
SECTION 2. Theft of Electric Power Transmission Lines and Materials. It shall be unlawful for any person, natural or
juridical, public or private to:
(a) Cut, saw, slice, separate, split, severe, smelt or remove any electric power transmission line/material or meter
from a tower, pole, any other installation or place of installation or any other place or site where it may be rightfully
or lawfully stored, deposited, kept, stocked, inventoried, situated or located, without the consent of the owner,
whether or not the act is done for profit or gain;
(b) Take, carry away or remove or transfer, with or without the use of a motor vehicle or other means of conveyance,
any electric power transmission line/material or meter from a tower, pole, any other installation or place of
installation, or any place or site where it where it may be rightfully or lawfully stored, deposited, kept, stocked,
inventoried, situated or located, without the consent of the owner, whether or not the act is done for profit or gain;
(c) Store, possess or otherwise keep in his premises, custody or control, any electrical power transmission
line/material or meter without the consent of the owner, whether or not the act is done for profit or gain; and
(d) Load, carry, ship or move from one place to another, whether by land, air or sea any electrical power
transmission line/material, whether or not the act is done for profit or gain, without first securing a
clearance/permit for the said purpose from its owner or the NPC or its regional office concerned, as the case may
be. DCIEac
RULE III
Prima Facie Evidence
SECTION 1. Prima Facie Evidence of Illegal Use of Electricity. The presence of any of the following circumstances
shall constitute prima facie evidence of illegal use of electricity by the person benefited thereby:
(a) The presence of a bored hole on the glass cover of the electric meter or at the back or any part of said meter;
(b) The presence of salt, sugar and other elements inside the electric meter that could result in the inaccurate
registration of the meter's internal parts to prevent its accurate registration of consumption of electricity;
(c) The existence of any wiring connection which affects the normal operation or registration of the electric meter;
(d) The absence of an ERB/NEA seal or the presence of a tampered, broken or fake seal on the meter or mutilated,
altered or tampered meter recording chart or graph or computerized chart, graph or log;
(e) The presence of a current reversing transformer, jumper, shorting and/or shunting wire and/or loop connection or
any other similar device in any part of a building or its premises which is subject to the control of the consumer or
on the electric meter;
(f) The mutilation, alteration, reconnection, disconnection, bypassing or tampering of instruments, transformers and
accessories;
(g) The destruction of or attempt to destroy any integral accessory of the metering devise box which encases an
electric meter or its metering accessories; and
(h) The acceptance of money and/or other valuable consideration by any officer or employee of the electric utility
concerned or the making of such an offer to any such officer or employee for not reporting the presence of any of
the circumstances enumerated in subparagraphs (a), (b), (c), (d), (e), (f ), or (g), hereof.
A prima facie evidence of illegal use of electricity shall be the basis for: (a) immediate disconnection by the electric utility or
cooperative to such person after due notice; (b) the holding of preliminary investigation by the prosecutor and the subsequent filing
in court of the pertinent information; and (c) the lifting of any temporary restraining order or injunction which may have been issued
against a utility or cooperative.
In order to constitute prima facie evidence, the discovery of any of the circumstances enumerated in Section 1 hereof, must
be personally witnessed and attested to by the consumer concerned or a duly authorized ERB representative or any officer of the
law, as the case may be.
An ERB authorized representative is one who is assigned to conduct testing of electric meters or inspection of electric lines
and facilities of any distribution entity or one who may be specially authorized by the duly authorized head of the main or regional
ERB offices.
An officer of the law is any person who, by direct provision of law or by election or by appointment by competent authority, is
charged with the maintenance of public order and the protection and security of life and property, such as barangay captain,
barangay chairman, barangay councilman, barangay leader, officer or member of Barangay Community Brigades, barangay
policeman, PNP policeman, municipal councilor, municipal mayor and provincial fiscal.
SECTION 2. Prima Facie Evidence of Theft of Electric Power Transmission Lines and Materials. The possession,
control or custody of electric power transmission line/material by any person, natural or juridical, not engaged in the transformation,
transmission or distribution of electric power, or in the manufacture of such electric power transmission line/material shall be prima
facie evidence that such line/material is the fruit of the offense defined in Section 2, Rule II hereof, and such line/material may be
confiscated from the person in possession, control or custody thereof.
RULE IV
Incentives
SECTION 1. Incentive Scheme. An incentive scheme by way of a monetary reward in the minimum amount of Five
Thousand Pesos (P5,000) shall be given to any person who shall report to the NPC or police authorities any act which may
constitute a violation of Section 2, Rule II hereof. The Department of Energy (DOE), in consultation with the NPC, shall issue the
necessary guidelines for the proper implementation of this incentive scheme within thirty (30) days from the effectivity of R.A. 7832.
RULE V
Disconnection of Electric Service
SECTION 1. Right to Disconnect and its Requirements. The utility or cooperative concerned shall have the right and
authority to disconnect immediately the electric service of any person, natural or juridical, without the need of a court or
administrative order and deny restoration of the same, in the following circumstances:
(a) When the owner/occupant of the house or establishment concerned or someone acting in his behalf shall have
been caught in flagrante delicto doing any of the acts enumerated in Section 1, Rule III hereof, Provided: that a
written notice or warning to that effect has been served by the utility or cooperative concerned to the owner of the
house/establishment or his duly authorized representative, prior to such disconnection.
(b) When any of the circumstances enumerated in Section 1, Rule III shall have been discovered for the second
time, Provided: that a written notice or warning shall have been issued upon the first discovery.
The written notice or warning being referred to herein shall be served prior to such disconnection and shall indicate the name
and address of the consumer, consumer account number, date of apprehension, findings of fact, amount of energy pilfered in
kilowatthour, the amount representing the differential billing and the method used in computing the differential billing as determined
herein, which shall indicate the following:
(a) Computation of the unbilled consumption in kilowatthour.
(b) The period to be used in computing the differential billing.
(c) The latest Inspection Report prior to apprehension.
SECTION 2. Deposit. The utility or cooperative concerned shall not immediately disconnect or shall immediately
restore the electric service upon the deposit by the person denied the service with the utility or the cooperative concerned or with
the competent court, as the case may be, of the amount representing the differential billing.
RULE VI
Penalties
SECTION 1. Liability of the Utility/Cooperative. If the court finds by final judgment that the person has not committed
illegal use of electricity, the amount deposited shall be credited against future billings, with legal interest thereon chargeable
against the utility or cooperative.ADEacC
Likewise, the utility or cooperative shall be made to immediately pay such person double the value of the payment or deposit
with legal interest, which amount shall be creditable against immediate future billings.
The foregoing remedies are without prejudice to any criminal, civil or administrative action that such person may be entitled
to file under existing laws, rules and regulations.
SECTION 2. Liabilities Under Section 1, Rule II Hereof. If the person has been found by final judgment to have
violated Section 1, Rule II hereof, he shall be made to pay the utility or the cooperative concerned double the value of the
estimated electricity illegally used which is referred to in this section as differential billing, in addition to the penalty of prision mayor
or a fine of Ten Thousand Pesos (P10,000.00) to Twenty Thousand Pesos (P20,000.00) or both, at the discretion of the court.
(a) If the offense is committed by, or in connivance with, an officer or employee of the power company, electric utility
or rural electric cooperative concerned, such officer or employee shall, upon conviction, be punished with a
penalty one (1) degree higher than the penalty provided herein, and forthwith be dismissed and perpetually
disqualified from employment in any public or private utility or service company and from holding any public office.
(b) If in committing any of the acts enumerated in Section 1, Rule II hereof, any of the other acts enumerated is also
committed, then the penalty next higher in degree as provided herein shall be imposed.
(c) If in committing any of the acts enumerated in Section 1, Rule II hereof, any of the other acts enumerated is also
committed by, or in connivance with an officer or employee of the power company, utility or cooperative
concerned, such officer or employee shall, upon conviction, be punished with a penalty of one (1) degree higher
than the penalty provided herein, and forthwith be dismissed and perpetually disqualified from employment in any
public or private utility or service company. Likewise the electric utility concerned which shall have knowingly
permitted or having knowledge of its commission shall have failed to prevent the same, or was otherwise guilty of
negligence in connection with the commission thereof, shall be made to pay a fine not exceeding triple the
amount of the "differential billing" subject to the discretion of the courts.
(d) If the violation is committed by a partnership, firm, corporation, association, or any other legal entity, including a
government-owned or controlled corporation, the penalty shall be imposed on the president, manager, and each
of the officers thereof who shall have knowingly permitted, failed to prevent or was otherwise responsible for the
commission of the offense.
SECTION 3. Liabilities Under Section 2, Rule II Hereof. A person found by final judgement to have violated Section 2,
Rule II hereof, shall be meted the penalty of reclusion temporal or a fine ranging from Fifty Thousand Pesos (P50,000.00) to One
Hundred Thousand Pesos (P100,000.00) or both, at the discretion of the court.
(a) If the offense is committed by, or in connivance with, an officer or employee of the power company, utility or
cooperative concerned, such officer or employee shall, upon conviction, be punished with a penalty one (1)
degree higher than the penalty provided herein, and forthwith be dismissed and perpetually disqualified from
employment in any public or private utility or service company and from holding any public office. acAESC
(b) If in committing any of the acts enumerated in Section 2, Rule II hereof, any of the other acts enumerated is also
committed, then the penalty next higher in degree as provided herein shall be imposed.
(c) If in committing any of the acts enumerated in Section 2, Rule II hereof, any of the other acts enumerated is also
committed by, or in connivance with an officer or employee of an electric utility concerned, such officer or
employee shall, upon conviction, be punished with a penalty of one (1) degree higher than the penalty provided
herein, and forthwith be dismissed and perpetually disqualified from employment in any public or private utility or
service company. Likewise, the utility concerned which shall have knowingly permitted or having knowledge of its
commission shall have failed to prevent the same, or was otherwise guilty of negligence in connection with the
commission thereof, shall be made to pay a fine not exceeding triple the amount of the "differential billing" subject
to the discretion of the courts.
(d) If the violation is committed by a partnership, firm, corporation, association, or any other legal entity, including a
government-owned or controlled corporation, the penalty shall be imposed on the president, manager, and each
of the officers thereof who shall have knowingly permitted, failed to prevent or was otherwise responsible for the
commission of the offense.
RULE VII
Billings and Surcharges
SECTION 1. Testing of Watthour Meter Standard Equipment. The NPC, the NEA and all electric utilities shall submit
all their working watthour meter standard equipment (which are used in the testing of their respective consumers' watthour meters)
for testing and sealing by the ERB within thirty (30) days following the publication of this Implementing Rules and Regulations and
every year thereafter.
The NEA shall likewise furnish the ERB, within the same period aboveprescribed, with copies of the test reports on the
calibration of the watthour meter standard equipment of all the electric cooperatives.
SECTION 2. Testing of Meters. All electric utilities and cooperatives, as the case may be, shall cause the calibration
of the meters of their respective customers at least once every two (2) years.
The said utilities and cooperatives shall likewise furnish the ERB with copies of the test reports within thirty (30) days after
each calibration.
SECTION 3. Computation of the Differential Billing. The differential billing shall be determined by multiplying the
unbilled consumption in kilowatthour, the period covered by the differential billing and the current rate of electricity at the time of
apprehension.
SECTION 4. Computation of the Unbilled Consumption in Kilowatthour. The unbilled consumption in kilowatthour may
be computed by using the following methodologies:
4.1 For cases falling under paragraphs (a), (e), (f) and (g) Section 1, Rule III hereof, the following methodologies
shall be used:
(a) The estimated monthly consumption as per report of load inspection conducted during the time of
discovery;
(b) The highest recorded monthly consumption within the five-year period preceding the time of the discovery;
(c) The higher consumption between the average consumptions before or after the highest drastic drop in
consumption within the five-year billing period preceding the discovery;
(d) The highest recorded monthly consumption within four (4) months after the time of the discovery.
4.2 For cases falling under paragraphs (b), (c) and (d) Section 1, Rule III hereof, the following methodologies shall
be used:
(a) The result of the ERB test during the time of the discovery;
(b) The higher consumption between the average consumptions before or after the highest drastic drop in
consumption within the five-year billing period preceding the discovery;
(c) The estimated monthly consumption as per report of load inspection conducted during the time of
discovery;
(d) The highest recorded monthly consumption within four (4) months after the time of the discovery; or
(e) The highest recorded monthly consumption within the five-year period preceding the time of the discovery.
4.3 For cases falling under paragraph (h) Section 1, Rule III hereof, any of the foregoing methodologies may be
used, whichever is applicable.
SECTION 5. Period to be Recovered. In determining the period to be recovered under the differential billing, the
following shall be considered:
a. When there was change in the customer's service connection, such as change of meter, change of seal or
reconnection, or replacement of parts, the period to be recovered under the differential billing shall be reckoned
from the time of the last inspection.
b. In the absence thereof, the period to be recovered under the differential billing shall start from the time the electric
service of the person concerned recorded an abrupt or abnormal drop in consumption; or
In the absence of both, a maximum of sixty (60) billing months, up to the time of the discovery may be used as basis for the
consumption; Provided, however, that if the person concerned presents adequate and indubitable proof showing that the period to
be recovered by the differential billing is less than sixty (60) billing months, the utility or cooperative may recompute the amount of
the differential billing based on the established period for recovery.
The period to be used shall, in no case, be less than one (1) year preceding the date of discovery of the illegal use of
electricity.
In cases where the affected period is less than one (1) year, the utility or cooperative may be allowed to compute for the
differential billing using one (1) year as the minimum basis for computation.
SECTION 6. Discovery of Prima Facie Evidence. The electric utility or rural electric cooperative, upon discovery of
any of the circumstances mentioned in Rule III hereof, shall notify in writing the owner/occupant of the house or establishment
concerned or someone of suitable age and discretion residing therein and acting in behalf of the owner/occupant of the incident.
In case the apprehension is witnessed by an officer of the law and not by an ERB authorized representative, the tampered
electric meter subject of the offense must be placed in a suitable container, properly identified and sealed, and shall be opened
only for testing in the ERB's meter laboratory by the duly authorized representative of the Board.
SECTION 7. Inspection Report. An Inspection Report must be accomplished by the utility or cooperative concerned
after every inspection, monitoring of meter installation or apprehension, indicating the following:
a. Date and time of the inspection;
b. Condition of the meters, instrument transformers and metering installations;
c. Changes made with the connections during the time of the inspection;
d. Replacement made on the metering installations, if there is any;
e. Signature over the printed name of the inspector; and
f. Signature over the printed name of the consumer or his duly authorized representative.
The accomplished Inspection Report shall be attested to by the authorized ERB representative or by the officer of the law, as
the case may be.
The original copy of the Inspection Report shall be kept by the electric utility or electric cooperative concerned and shall not
be destroyed without prior authority from the ERB. A duplicate of the said report shall likewise be furnished to the owner/occupant
of the establishment concerned or someone of suitable age and discretion residing therein and acting in behalf of the
owner/occupant.
SECTION 8. Imposition of Surcharges. An electric utility or rural electric cooperative may impose surcharges in
addition to the value of electricity pilfered, on the bills of any consumer apprehended for tampering with his electric meter/metering
facility installed on his premises, as well as other violations of contract like direct connection, use of jumper and other means of
illicit usage of electricity found installed in the premises of the consumer. The surcharge for the violation of contract shall be
collected from and paid by the consumer concerned as follows: DTEcSa
RULE XIII
Effectivity
SECTION 1. Effectivity. This Rules shall take effect fifteen (15) days after its publication in two newspapers of general
circulation in the country.
Pasig City, July 7, 1995