(Un)fit: The unconstitutionality of DOE circular no. 2013-05-0009
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...
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| Format: | text |
| Language: | English |
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Animo Repository
2015
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| Online Access: | https://animorepository.dlsu.edu.ph/etd_masteral/6536 https://animorepository.dlsu.edu.ph/context/etd_masteral/article/13541/viewcontent/_GERICOLCOL__THESIS2.pdf |
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| Institution: | De La Salle University |
| Language: | English |
| Summary: | 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. |
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