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THE
government will look into the reasonableness of price
adjustments by oil companies, which have occurred almost
weekly.
The
Department of Energy (DOE) and the Department of Justice
(DOJ) signed Monday an amended memorandum of agreement
(MOA) for a joint task force that will monitor the
reasonableness of local oil companies’ oil-price
adjustments.
The DOE
and the DOJ noted that, effective immediately, there is
a need to increase the membership of the DOE side to
enhance the greater participation in the deliberation of
issues and implementation of programs of action adopted
by the DOE-DOJ Task Force in connection with reports on
unreasonable prices of petroleum products.
The
amended MOA stated that the DOE-DOJ Task Force is
created and will be composed of an undersecretary from
the DOE and an undersecretary from the DOJ as
cochairmen.
The MOA
also added that directors from the DOE’s Oil Industry
Management Bureau, Legal Services, Hearing Division, Oil
Industry Competition and Monitoring Division, Retail
Market Monitoring and Special Concerns Division and the
DOJ’s assistant chief state counsel, two state counsels,
two state prosecutors and an assistant prosecuting
attorney will complete the roster of members of the
DOE-DOJ Task Force.
The MOA
further emphasized the need for the DOE-DOJ Task Force
to take a very active role in assessing and evaluating
all factors to ensure fair and reasonable pricing of
petroleum products as mandated under Republic Act 8479.
The
DOE-DOJ Task Force is mandated to investigate, motu
propio (by its own), or upon the report of any person,
any threatened, imminent or actual cartelization or
predatory pricing, the commission of any violation under
Section 12 of the Act or any unreasonable rise in the
price of a petroleum product; and in the proper cases,
direct the provincial or city prosecutor concerned to
file the appropriate criminal complaint.
The task
force can also request proper courts to issue a
restraining order or injunction pending the hearing of a
criminal complaint for cartelization, predatory pricing
or for violation of Section 12 of the Act.
The task
force will also be in charge of advising the government
or any of its instrumentalities, including
government-owned or -controlled corporations, of any
loss or damage in its business or property by reason of
violation Section 11 of the Act.
The task
force will also be required to submit such report as may
be required jointly by the secretaries of energy and
justice on the results of any investigation/action it
has undertaken.
The
DOE-DOJ Task Force will also be in charge of drafting
the necessary rules and guidelines to govern the
activities of the task force, and perform other
functions as may be provided under the Act or are
jointly assigned to it by the secretaries of energy and
justice.
The DOE,
on the other hand, shall provide the technical,
administrative and secretariat support to the task
force, provided that the DOE-DOJ Task Force may create
such committees as may be necessary to fulfill its
mandate.
The MOA
stipulated that the task force may also call upon any
bureau, unit, or office of both departments for
assistance, and will have the authority to hire the
services of technical consultants as may be deemed
necessary. |