On 02 October 2026, the Energy Regulatory Commission (“ERC”) issued Resolution No. 31, Series of 2026, adopting the 2026 Rules of Practice and Procedure (“2026 RPP”). The 2026 RPP updates, revises, and expands the ERC’s existing Rules of Practice and Procedure, first promulgated under Resolution No. 38, Series of 2006 and later revised in December 2020, and builds the experience from the interim electronic filing and virtual hearing guidelines of 2020 into a permanent, streamlined procedural framework. The new rules were approved at the ERC’s 16 September 2026 meeting, following written comments from stakeholders and public consultations held on 04 and 05 May 2026.

Electronic filing and e-mail registry. All applications, petitions, verified complaints, pleadings, and motions, with their supporting documents, must now be filed electronically by sending them from the filer’s registered e-mail address to docket@erc.ph, or through any online filing portal the ERC may later set up (Rule 10, Section 3). The only exception is the informal stage of consumer complaints. Anyone who deals with the ERC, including distribution utilities (“DUs”), generation companies, retail electricity suppliers, government agencies, and counsel, must first register an e-mail address and obtain a Certificate of E-mail Registration (Rule 4). Except as otherwise provided, filings will only be accepted from registered addresses. The ERC may still require original hard copies for authentication. Applications already integrated into the Energy Virtual One-Stop Shop (EVOSS), such as CAPEX, point-to-point transmission facility, and COC/PAO applications of independent power producers, follow EVOSS procedures, which prevail in case of inconsistency (Rule 10, Sections 1 and 2). Filers must also personally verify all facts and legal citations in their submissions, including those prepared with artificial intelligence tools, and fabricated authorities may lead to sanctions (Rule 10, Section 7).

Cut-off times and service. Any pleading, motion, compliance, or other paper filed electronically on or before 11:59 P.M. is deemed filed on that day, regardless of working hours (Rule 10, Section 4). Service between parties is made electronically to registered e-mail addresses. A document served after 5:00 P.M. is deemed received on the next working day (Rule 11, Section 4). Likewise, ERC orders and decisions served beyond 5:00 P.M. on a working day, or on a non-working day, are deemed received on the next working day, and parties must acknowledge receipt within five (5) working days (Rule 12, Section 1). All periods are counted in calendar days unless otherwise specified, and any extension may be granted only once and may not exceed fifteen (15) days (Rule 13).

Mandatory pre-filing. Applications and petitions not covered by EVOSS must first go through the pre-filing process in Annex “A” (Rule 10, Section 5). Pre-filing requests are lodged through prefiling.erc.ph from 8:00 A.M. to 5:00 P.M., Tuesdays through Thursdays. Deficiencies flagged in a notice of incomplete submission must be cured within a one-time, non-extendible 60-day period counted from the first notice. Otherwise, the pre-filing is deemed abandoned. Filing fees must be paid within three (3) working days from receipt of the statement of account, and a case is deemed filed only once fees are paid and a docket number is issued (Rule 10, Section 6).

Parties, intervention, and pleadings. Intervenors are now classified as either a supporter-in-intervention or an oppositor-in-intervention (Rule 2). Petitions to intervene must be filed at least five (5) days before the initial hearing, unless the notice of hearing fixes a different period. They are no longer allowed after the pre-trial conference or in ERC-initiated investigations, and the ERC may group intervenors with the same interest or remove disruptive ones (Rule 7). Persons who are not admitted as intervenors may still file an opposition or comment at any time before the case is submitted for resolution, but this does not make them parties or form part of the evidence. Answers, explanations, and comments must be filed within a non-extendible thirty (30)-day period from receipt of the ERC’s order, unless the ERC sets a different period (Rule 8, Section 6). Motions to dismiss (except on grounds of lack of jurisdiction, res judicata, prescription, or litis pendentia), motions for bill of particulars, and petitions for relief from judgment are prohibited. If a party dies, its counsel or heirs must notify the ERC within thirty (30) calendar days. Failure to do so results in the automatic loss of the deceased party’s standing (Rule 6, Sections 7 and 8).

Notice, publication, and hearings. For rate applications and other relief affecting consumers, the notice of initial hearing must be published at least twice, for two (2) successive weeks, in two (2) newspapers of nationwide circulation. The publications must be at least seven (7) days apart, with the last made at least ten (10) days before the hearing. All other applications require a single publication at least ten (10) days before the hearing (Rule 15, Section 5). If an initial hearing is cancelled due to force majeure, a fortuitous event, or a suspension of work, the ERC will issue a new notice without requiring another publication (Rule 15, Section 6). Applicants must also submit a directory of the offices of the provincial governor, mayors, and LGU legislative bodies in their franchise area, with official e-mail addresses certified by those offices (Rule 15, Section 8). Hearings are conducted virtually by default, or in person or through hybrid means at the ERC’s discretion (Rule 22, Section 2). For rate applications, the initial hearing must also be viewable by the public at the applicant’s principal office. Where the ERC acts on a motion for provisional authority without a hearing, it must issue a notice of initial hearing within fifteen (15) days (Rule 16, Section 3). The ERC may also hold consolidated hearings for separate cases that share a common witness or common questions, although the cases remain distinct (Rule 15, Section 3).

Summary Procedure. The Rules on Summary Procedure now govern, whether contested or not, the following: verified consumer complaints, CAPEX approvals, confirmation of over- or under-recoveries, Certificates of Public Convenience and Necessity, business separation and unbundling plans, approvals for point-to-point transmission facilities, dispute resolution cases where the parties agree, and other applications the ERC may designate (Rule 20, Section 1). Under this procedure, parties must simultaneously submit judicial affidavits and position papers within a non-extendible thirty (30)-day period, and failure to do so is treated as a waiver. In cases under the regular procedure, any party may move for a summary decision.

Particular proceedings and decisions. The 2026 RPP introduces specific rules on the pre-termination of ERC-approved power supply agreements. A pre-termination must be filed as a separate application. If only one party files, the application must show the other party’s concurrence. Otherwise, the dispute resolution procedure applies. Approval may be made retroactive in certain cases (Rule 23, Sections 7 and 8). A new framework for dispute resolution between industry participants defines the disputes covered and bars petitions on issues already pending in another application (Rule 23, Sections 43 to 47). The ERC will also hold in abeyance rulings that would prematurely resolve issues pending in parallel proceedings (Rule 22, Section 25). It may render partial decisions, which are immediately executory, on applications covering several CAPEX projects or supply contracts, and consolidated decisions for similar cases of the same applicant (Rule 25, Sections 4 and 5). Motions for reconsideration must be filed within fifteen (15) days, and only one per party is allowed (Rule 26). Compliance required by a final order must be filed as a post-decision report. Unless a post-decision manifestation of a pending appeal is filed within seventy (70) days, the case will be deemed closed (Rule 27).

Repeal and effectivity. The 2026 RPP expressly repeals Resolution Nos. 08 and 09, Series of 2020, together with all ERC issuances inconsistent with it (Rule 29, Section 1). Resolution No. 31 and the 2026 RPP take effect fifteen (15) days after publication in a newspaper of general circulation or the Official Gazette. Upon effectivity, the new rules will apply to pending proceedings to the extent practicable (Rule 29, Section 4).

Source: Energy Regulatory Commission.