22 Consumer Rights – Magna Carta for Residential Electricity Consumers as Amended

11. Right to a Transparent Billing

Bills to service customers shall conform with the format as approved by ERC.

12. Right to a Monthly Electricity Bill

Bills shall be delivered monthly to the customers by the DU in accordance with the applicable rate schedule.

13. Right to Due Process to Disconnection of Electric Service

No consumer shall be deprived of electric service without due process of law.

Disconnection of electric service shall only be made under the following circumtances:

1. Non-payment of electric bills within the period of time provided in Article 32 of this Magna Carta.
2. Illegal use of electricity under RA 7832, otherwise known as the Anti-Electricity Pilferage Law.
3. Upon lawful orders of government agencies and/or the courts.
4. When the public safety so requires
5. Request of the registered customers based on justifiable reasons
6. Allowing other end-users or persons to be connected to his electrical installation, whether for profit or not.

14. Right to a Notice Prior to Disconnection

For disconnections due to non-payment of electric bills, a written notice must have been served to the customer forty eight (48) hours before such disconnection.

15. Right to Suspension of Disconnection

Disconnections of service shall not be made on any week day beyond three o’clock (3:00 PM) in the afternoon, Saturdays, Sundays and official holidays, and under the following or any other similar circumstances:

• One of the permanent occupants is sick and dependent on a life support system requiring electricity. Provided, that the customer can present a medical certificate … (not to exceed 2 months)
• During the funeral wake of a deceased permanent resident of the premises. Provided, that the consumer can present a duly certified true copy of death certificate … (Not to exceed 1 month)
• Customer indubitably probes he did not receive a Statement of Account and/or Disconnection Notice …
• Customer is being billed in a single statement for consumption covering several months due to the failure of the utility to issue timely monthly billing statement to the consumer;
• Filing of complainant with ERC for cases involving differential billings, billing adjustments arising from defective or stop meters or other billing errors, and estimated consumptions until the complainant’s final resolution
• Filing of complaint with ERC for high billing upon posting a bond equivalent to the complainant’s average 12-month consumption prior to the billing in question.

16. Right to Tender Payment at the Point of Disconnection; Deposit Representing the Differential Billing

If at the time the disconnection is to be made, the customer tenders payment of the unpaid bill to the agent or employee of the DU who is to effect the disconnection, the said agent, or employee of the DU shall desist from disconnecting the service to allow the customer to pay his bills within twenty-four (24) hours. Provided however, that the customer can only invoke this provision once for the same unpaid bill.

17. Right to Electric Service Despite Arrearages of Previous Tenant

A DU shall not refuse or discontinue service to an applicant or customer, who is not in arrears to the DU, even though there are unpaid bills or charges due from the premises occupied by the applicant, or customer, on account of an unpaid bill of a prior tenant, unless there is evidence of conspiracy to defraud DU.

18. Right to Reconnection of Electric Service.

Whenever the electric service is disconnected due to non-payment of electric bills, the DU must immediately reconnect the same within the period , but in no case shall exceed twenty four (24) hours from payment of the said arrearages by the customer.

19. Right to Witness Apprehension

All apprehensions for illegal use of electricity must be personally witnessed by the customer or occupant or someone of suitable age and discretion residing therein and acting in behalf of the owner or occupant of the premises, and by an officer of the law or by an ERC representative.

20. Right to ERC Testing of Apprehended Meter

In case the apprehension is witnessed by an officer of the law and not by an ERC authorized representative, the electric meter subject of the offense must be placed in suitable container, properly identified and sealed, and shall be opened only for testing by the ERC’s duly authorized representative.

21. Right to Payment Under Protest

In cases of regular electric bills or billing adjustments due to the stoppage or failure of the meter or differential billing due to alleged illegal use of electricity the consumer shall have the right to pay under protest for purposes of continuous supply of electricity by the utility.

22. Right to File Complaints before ERC

Every consumer has the right to file a complaint before the ERC.

Provided, that the complainant has previously discussed/consulted the issue with the Consumer Welfare Desk (CWD) Officer or Representative of the concerned DU and no settlement has been reached.

References:

Energy Regulatory Commission (ERC) erc.gov.ph

• Resolution No. 28, series of 2010, A Resolution Adopting the Amendments to the Magna Carta for Residential Electricity Consumers
• Magna Carta for Residential Electricity Consumers 2004