The CRC Series on Competition, Regulation and Development
Edited by Paul Cook, Colin Kirkpatrick, Martin Minogue and David Parker
Chapter 19: The regulatory environment of the energy industry in the Philippines
Raul V. Fabella and Rafaelita M. Aldaba INTRODUCTION This chapter surveys the two important energy industries and the regulatory environment in which they operate in the Philippines. These two industries are the electricity or power industry and the downstream oil industry. The chapter first gives a brief historical account of the evaluation of these industries’ respective regulatory environments before landmark reform and restructuring laws were passed. The various regulatory and competition policy dimensions of these new laws are singled out and examined. The corresponding regulatory watchdogs, their functions and the scope of their mandates are brought into focus. Where early outcomes are already available, these are discussed including the reversive challenges that are currently being mounted. Whether these laws are allowed enough time to take root and deliver the promised favourable outcomes remains to be seen. While the rules of the game as set down in the acts and the implementing rules and regulations appear clear, the actual application of these rules to particular cases still depends on the people appointed to critical positions, especially in the regulatory watchdogs, and the attitude and actions of politicians. The next section focuses on electricity and this is followed by a review of the downstream oil industry. The final section contains the conclusions. AN OVERVIEW OF ELECTRICITY The State as Regulator 1930–70 Before the 1930s, the electric power industry was completely private and autonomous, apart from the grant by the Commonwealth government of a 50year franchise to Manila Electric Rail and Light...
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