ANTI-ELECTRIC PILFERAGE LAW (R.A.7832) OF THE PHILIPPINES GUIDE FOR NON-TECHNICAL LOSS REDUCTION

Law for penalizing the pilferage of electricity and theft of electric power transmission line, etc

Section 1. Short Title. -This Act shall be referred to as the "Anti-electricity and Electric Transmission Lines/Materials Pilferage Act of 1994."

Section 2. Illegal Use of Electricity. –It is hereby declared unlawful for any person, whether natural or juridical, public or private,

Section 3. Theft of Electric Power Transmission Lines and Materials. –

Section 4. Prima Facie Evidence. –

Section 5. Incentives. -
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 3 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 this Act.

Section 6. Disconnection of Electric Service. -
The private electric utility or rural electric cooperative concerned shall have the right and authority to disconnect immediately the electric service after serving a written notice or warning to that effect, without the need of a court or administrative order, and deny restoration of the same, when the owner of the house or establishment concerned or someone acting in his behalf shall have been caught en flagrante delicto doing any of the acts enumerated in Section 4(a) hereof, or when any of the circumstances so enumerated shall have been discovered for the second time:

Section 7. Penalties. –
Section 8. Authority to Impose Violation of Contract Surcharges. –
Section 9. Restriction on the Issuance of Restraining Orders or Writs of Injunction.
Section 10. Rationalization of System Losses by Phasing out Pilferage Losses as a Component Thereof
Section 11. Area of Coverage. -
The caps provided in Section 10 of this Act shall apply only to the area of coverage of private electric utilities and rural electric cooperatives as of the date of the effectivity of this Act.The permissible levels of recovery for system losses in areas of coverage that may be added on by either a private electric utility or a rural electric cooperative shall be determined by the ERB.

Section 12. Recovery of Pilferage Losses. -
Any private electric utility or rural electric cooperative which recovers any amount of pilferage losses shall, within thirty (30) days from said recovery, report in writing and under oath to the ERB:
(a) the fact of recovery,
(b) the date thereof;
(c) the name of the consumer concerned,
(d) the amount recovered,
(e) the amount of pilferage loss claimed,
(f) the explanation for the failure to recover the whole amount claimed, and
(g) such other particulars as may be required by the ERB.

Section 13. Information Dissemination.

Section 14. Rules and Regulations. -

The ERB shall, within thirty (30) working days after the conduct of due hearings which must commence within thirty (30) working days upon the effectivity of this Act, issue the rules and regulations as may be necessary to ensure the efficient and effective implementation of the provisions of this Act, to include but not limited to, the development of methodologies for computing the amount of electricity illegally used and the amount of payment or deposit contemplated in Section 7 hereof, as a result of the presence of the prima facie evidence discovered.

Section 15. Separability Clause. –
Any portion or provision of this Act which may be declared unconstitutional or invalid shall not have the effect of nullifying other portions or provisions hereof.

Section 16. Repealing Clauses. -
The provisions in Presidential Decree No. 401, as amended by Batas Pambansa Blg. 876, penalizing the unauthorized installation of electrical connections, tampering and/or knowing use of tampered electrical meters or other devices, and the theft of electricity are hereby expressly repealed. All other laws, ordinances, rules, regulations, and other issuances or parts thereof, which are inconsistent with this Act, are hereby repealed or modified accordingly.

Section 17. Effectivity Clause. -
This Act shall take effect thirty (30) days after its publication in the Official Gazette or in any two (2) national newspapers of general circulation.

Approved: December 8, 1994

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