Unfit: The unconstitutionality of DOE circular no. 2013-05-0009
Date of Publication
Energy and Utilities Law
College of Law
Antonio La Viña
Defense Panel Chair
Vyva Victoria Aguirre
Defense Panel Member
In 2008, Republic Act No. 9513 or the Renewable Energy Act was passed with the purpose of exploring and utilizing renewable energy to achieve energy self-reliance. As an incentive, the law provided for a Feed-in Tariff scheme to jumpstart investments in the sector. In 2013, the Department of Energy introduced a first-come-first-serve policy through DOE Circular 2013-05-0009 in order to weed out speculators.
This paper discusses the unconstitutionality of the first-come-first-serve policy due to being violative of the equal protection clause. Several possible solutions are also discussed, with a finding that the policy must be removed for the growth and development of the renewable energy sector.
Renewable energy sources—Law and legislation—Philippines; Clean energy industries—Philippines—Finance; Clean energy investment—Philippines
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Ricolcol, G. E. (2015). (Un)fit: The unconstitutionality of DOE circular no. 2013-05-0009. Retrieved from https://animorepository.dlsu.edu.ph/etd_masteral/6536