MALACAŅANG
Manila
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 460
AMENDING EXECUTIVE ORDER NO. 119 (S. 2002) AND FOR
OTHER PURPOSES
WHEREAS, Republic Act No. 9136, otherwise known
as the "Electric Power Industry Reform Act of 2001" ("EPIRA") ordered
all outstanding financial obligations of electric cooperatives to the National
Electrification Administration ("NEA") and other government agencies incurred
for the purpose of financing the rural electrification program to be assumed by the PSALM
Corporation;
WHEREAS, pursuant to R.A. No. 9136, Executive
Order No. 119 was issued on 28 August 2002 to provide for restructuring program for
electric cooperatives;
WHEREAS, this administration is committed to
strengthening rural electric cooperatives in order to achieve reliable, secure and cheaper
electricity for all consumers, particularly in rural areas, in line with declared policies
in EPIRA;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President
of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby
order:
SECTION 1. Section 5 of Executive Order No.
119 (s. 2002) is hereby amended to read as follows:
" Section 5. Assumption of Rural
Electrification Loans. To ensure that the implementation of the Program is in
accordance with law which requires that only Rural Electrification Loans shall be assumed
by PSALM, and to further protect consumer welfare, the assumption of Rural Electrification
Loans shall be subject to the following terms and conditions:
x x x
c. ERC shall have approved the reduction in the
ECs rates commensurate with the resulting savings due to the removal of the
amortization payments on the Rural Electrification Loan/s.
x x x
Nothing in this Section shall mean that the
effectivity date of the loan condonation will commence on the day ERC issues to the ECs
Provisional Authority to reduce rates, such loan condonation being effective on June 26,
2001 as provided for in EPIRA and assumption of which loan by PSALM having commenced on
said date."
SECTION 2. Section 7 Executive Order No. 119
(s. 2002) is hereby amended to read as follows:
"Section 7. Assumption and Payment by PSALM
of Rural Electrification Loans. Pursuant to Section 60 of EPIRA, PSALM shall
assume all Rural Electrification Loans upon the effectivity thereof. The assumption of the
Rural Electrification Loans by PSALM shall retroact from the effectivity of the EPIRA.
Thereafter, PSALM and NEA or other creditor
government agencies shall enter into contracts and/or agreements, necessary and proper, to
undertake the payment of the assumed Rural Electrification Loans through an amortization
schedule to be agreed upon between PSALM on the one hand, the NEA or other creditor
government agencies, on the other. Where necessary, such contracts and/or agreements may
include mutual stipulations on the modification and/or amendments of existing contracts of
mortgage and other security between ECs and NEA or other creditor government agencies.
SECTION 3. Repealing Clause.
All executive issuances, orders, rules and regulations or parts thereof inconsistent
with the provisions of this Executive Order are hereby repealed or modified accordingly.
SECTION 4. Effectivity. This
Executive Order shall take effect immediately
DONE in the City of Manila, this 2nd
day of September, in the year of Our Lord, Two Thousand and Five.
(Sgd.) GLORIA MACAPAGAL-ARROYO
By the President:
(Sgd.) EDUARDO R. ERMITA
Executive Secretary