(Un)fit: The unconstitutionality of DOE circular no. 2013-05-0009

• Main Author: Ricolcol, Gabrielle E.
• Format: text
• Language: English
• Published: Animo Repository 2015
• Subjects: Renewable energy sources—Law and legislation—Philippines; Clean energy industries—Philippines—Finance; Clean energy investment—Philippines; Energy and Utilities Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_masteral/6536; https://animorepository.dlsu.edu.ph/context/etd_masteral/article/13541/viewcontent/_GERICOLCOL__THESIS2.pdf
• Institution: De La Salle University

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.