Financial Benefits to Host Communities Under Local Government Code

B. Financial Benefits to Host Communities under the Local Government Code

Legal Basis

Chapter II, Section 289 to 294 of the Local Government Code.

Section 66 of Republic Act No. 9136, otherwise known as "Electric Power Industry Reform Act of 2001," as detailed in rule 29, Part B o f the IRR of EPIRA.

Nature of Benefits

a.Section 66 of Republic Act No. 9136, otherwise known as "Electric Power Industry Reform Act of 2001," as detailed in rule 29, Part B o f the IRR of EPIRA.

Subsidy Scheme

  1. Subsidy scheme will be directly utilized to subsidize cost of power used by the consumers. This may be applied with or without ceiling or at graduated rates (per kWh per level of consumption) in the following form which the host LGU may choose from.

Subsidy per customer, an equal or predetermined level or rate of subsidy per qualified customer:

  1. All consumer types
  2. Residential consumer only; and
  3. Other preferred types of consumer combinations, such as: commercial, industrial, public buildings, irrigation/communal water system, streetlights, etc.

Subsidy of power consumption, which amount of subsidy depends on the magnitude of power consumption of qualified consumers:

  1. All consumer types
  2. Residential consumer only; and
  3. Other preferred types of consumer combinations, such as: commercial, industrial, public buildings, irrigation/communal water system, streetlights, etc.

b.) Twenty percent (20% of the proceeds shall be utilized for the development and livelihood projects which shall be appropriated by their respective Sanggunian.

Non-subsidy Scheme

  1. Non-subsidy scheme may take the form but not limited to electrification, technical upgrading and rehabilitation of distribution lines to reduce electricity losses, use of energy saving devices, and support of the infrastructure facilities servicing the needs of the public which can all redound to the reduction of the electricity rate of the area.

Allocation of Resources

For non-highly urbanized city

  • Host Barangay - 35%
  • Host Municipality/City - 45%
  • Host Province - 20%

For highly urbanized city

  • Host Barangays - 35%
  • Host City/ies - 65%

For energy resource located in two (2) or more provinces, or in two (2) or more municipalities/cities or two (2) or more barangays, their respective shares shall be appropriated on the basis of the following:

  • population - 70%
  • land area - 30%

Where the land area is the area of the host barangays found within the technically delineated energy resource area and where the population refers to the population of host barangays found wholly or partially within the technically delineated energy resource.

Monitoring

  1. The Department of Interior and Local Government (DILG) shall monitor the compliance of host LGUs. To assist in the monitoring of compliance, all host LGUs of energy projects are required to submit the following:
    1. The scheme of electricity rate reduction adopted by the host LGU (with proper documentation) based on the prescription in the DILG-DOE Joint Circular 95-01 dated 31 October 1995 at the start of the use of fund or upon the amendment of scheme by the respective LGU councils; and
    2. Summary of transactions thrity (30) days after end of each quarter.

    The DILG shall furnish the DOE the above information within fifteen (15) days from the date of the reporting period.

  2. The Commission on Audit (COA) shall conduct yearly audit of the national wealth proceeds consistent with its responsibility to examine all accounts pertaining to uses of funds and property owned or held in trust by the government or any of its agencies as mandated under Section 2 of Presidential Decree No 1445 of 1976.
  3. In the event of violation or non-compliance with the provisions of the DILG-DOE Joint Circulars 95-01 and 98-01, and other relevant issuances, the DILG may, upon prior notice and hearing, order the project proponent the non-remittance of the royalty payment to the host LGU concerned pending completion of the investigation of the concerned LGU if the project proponent is a government-owned and controlled corporation (GOCC); or notify the Department of Budget (DBM) regarding such violation and order the non-release of the LGU shares if the project proponent is a private company. The unremitted funds shall be deposited in a government bank under escrow.

Latest Status of Financial Benefits

Scope of Application

The LGUs hosting the national wealth shall have an equitable share in the proceeds derived from the utilization and development of national wealth, including sharing the same with the inhabitants by way of direct benefits.

Amount of Share of Local Government Units

Any government agency or government-owned or controlled corporation and private corporation or entities engaged in the utilization and development of the national wealth are required to provide share to the host LGUs, based on the preceding fiscal year of the proceeds, based on the following formula, whichever will produce a share higher for the LGU:

One percent (1%) of the gross sales or receipts of the preceding calendar year; or

Forty percent (40%) of the national wealth taxes, royalties, fees or charges derived by the government agency or government owned and controlled corporation and privately-owned corporation or entities.

Summary of Approved Projects
(as of August 15, 2006)

  1. 1,202 Electrification Projects amounting to P888.08 Million
  2. 770 Development and Livelihood Projects amounting to P 459.78 Million
  3. 709 Reforestation, Watershed Management, Health and/or Environment Enhancement Projects amounting to P 698.34 Million

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