IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO.

11697 OF
THE ELECTRIC VEHICLE INDUSTRY DEVELOPMENT ACT

Pursuant to Section 30 of Republic Act No. 11697, otherwise known as the "Electric
Vehicle Industry Development Act", the Department of Energy (DOE), together with
the Department of Transportation (DOTr), in coordination with the Department of
Trade and Industry (DTI), and in consultation with the concerned government
agencies, private and public and stakeholders, hereby issue, adopt and promulgate
the following implementing rules and regulations.

Rule I.
General Provisions

Section 1. Title. These rules and regulations shall be known as the Implementing
Rules and Regulations of Republic Act No. 11697, otherwise known as the “Electric
Vehicle Industry Development Act (EVIDA)”, or the EVIDA-IRR.

Section 2. Declaration of Policy. It is hereby declared the policy of the State to:

a) Ensure the country’s energy security and independence by reducing reliance

on imported fuel for the transportation sector;

b) Provide an enabling environment for the development of electric vehicles (EVs)

including options for micromobility as an attractive and feasible mode of
transportation to reduce dependence on fossil fuels;

c) Promote and support innovation in clean, sustainable, and efficient energy to

accelerate social progress and human development by encouraging public and
private use of low emission and other alternative energy technologies;

d) Protect the health and well-being of the people from the hazards of pollution
and the greenhouse effect;

e) Safeguard and improve the integrity, reliability, and stability of the country's
electric power grid by optimizing the location of energy sources relative to
demand;

f) Promote inclusive and sustainable industrialization while recognizing the role

of the private sector in order to support the transition to new technologies,
generate jobs, spur small and medium enterprise growth, attract investments,
grow globally competitive and innovative industries, and upgrade the country’s
participation in regional and global value chains, consistent with the Philippine

EVIDA-IRR Page 1 of 21
 Development Plan and the country's international obligations under the United
Nations Sustainable Development Agenda;

g) Generate employment opportunities for our local skilled workforce to sustain

their livelihood;

h) Protect and safeguard the country’s cultural heritage through the Philippine
transportation system, which remain an underlying factor in progress and
innovation; and

i) Recognize the role of local government units (LGUs) as competent partners of

the national government in the smooth transition to this innovation by providing
them capacity building support.

Section 3. Scope and Application. The EVIDA-IRR shall apply to the EV industry
comprising of the manufacture, assembly, importation, construction, installation,
maintenance, trade and utilization, research and development, and regulation of
electric vehicles, charging stations and related equipment, parts and components,
batteries, and related support infrastructure including its recycling, disposal, and
handling of wastes.

Section 4. Definition of Terms. For the purposes of the EVIDA-IRR, the singular may
be read as the plural, and the plural may be read as the singular, as the context
requires, and shall have the following meanings unless indicated otherwise:

a) Battery EV (BEV) refers to an electrically propelled vehicle with only a traction

battery as power source for vehicle propulsion with reference to those provided
under Section 5 of the EVIDA-IRR;

b) Battery Swapping Station (BSS) refers to a facility which allows EV users to

exchange a near empty discharged battery with a fully charged battery with
reference to those provided in Section 6 of the EVIDA-IRR;

c) Centralized Vehicle-to-Grid Facilities refer to establishments which are allowed

to supply power to the grid using EVs with reference to Section 7 of the EVIDA-
IRR;

d) Certificate of Inspection refers to a document issued by the building official of

an LGU as a requirement for the installation of power lines to a building or
structure to certify the completeness and safety of the installation of all electrical
wirings with the Philippine Electrical Code (PEC), pursuant to Republic Act No.
6541 as revised by Presidential Decree No. 1096, otherwise known as the
“National Building Code of the Philippines";

e) Charging Fee refers to the amount imposed on EV users in exchange for the
use of commercial use charging stations whose individual components shall be
unbundled pursuant to Section 11 j of the EVIDA-IRR;

f) Charging Station refers to a facility with equipment for the delivery of electrical
energy to EVs or its battery, installed in an enclosure with special control

EVIDA-IRR Page 2 of 21
 functions and communications, and may be located off the vehicle with
reference to those provided in Section 6 of the EVIDA-IRR;

g) Charging Station Service Provider refers to a natural or juridical person, duly

accredited by the DOE, who sells, constructs, installs, maintains, owns, or
operates charging stations or any of its components for a fee;

h) Commercial Use Charging Stations refer to the utilization of charging station by

the general public or a defined group of individuals with reference to those
provided in Section 6 of the EVIDA-IRR;

i) Comprehensive Roadmap for the Electric Vehicle Industry (CREVI) refers to

the national development plan for the EV industry with an annual work plan to
accelerate the development, commercialization, and utilization of EVs in the
country with reference to Section 10 of the EVIDA-IRR;

j) Distribution System refers to the system of wires and associated facilities

belonging to a franchise distribution utility, extending between the delivery
points on the transmission, sub-transmission system, or generating plant
connection and the point of connection to the premises of the end-user;

k) Distribution Utility (DU) refers to any electric cooperative, private corporation,

or government-owned utility or existing local government unit which has a
franchise or authority to operate a distribution system including those whose
franchise or authority covers economic zones;

I) EV refers to a Vehicle with at least one (1) electric drive for vehicle propulsion
with reference to Section 5 of the EVIDA-IRR;

m) EV Industry refers to the manufacture, assembly, importation, construction,

installation, maintenance, trade and utilization, research and development, and
regulation of electric vehicles, charging stations and related equipment, parts
and components, batteries, and related support infrastructure including its
recycling, disposal, and handling of wastes;

n) Fleet refers to a group of road vehicles owned, leased and/or operated by a

single juridical entity, whether government or private, corporate or otherwise, in
the pursuit of its mandate, business or organizational objectives;

o) Green routes refer to public transportation routes identified and designated in

the Local Public Transport Route Plans (LPTRP) and Route Rationalization
Plans (RRPs) approved by the DOTr, and the Land Transportation Franchising
and Regulatory Board (LTFRB), and shall likewise include service areas in the
tricycle route plans identified and approved by the LGUs, to be exclusively
traversed by all electric public utility vehicles (PUVs);

p) Hybrid-EVs (HEVs) refers to a vehicle with both a rechargeable energy storage

system and a fueled power source for propulsion with reference to Section 5 of
the EVIDA-IRR;

EVIDA-IRR Page 3 of 21
 q) Importer refers to any individual, partnership, corporation, or other entity,
incorporated, organized, and existing under Philippine laws, engaged in the
importation of completely built units of EVs, EV charging stations (EVCS) and
related equipment, parts and components, and batteries;

r) Just transition refers to globally recognized principles that should guide the
transition to environmentally sustainable economies and societies;

s) Light EV refers to EVs such as electric scooters, electric bicycles, electric

personal transport, and other similar vehicles weighing less than fifty kilograms
(50 kgs) with reference to Section 5 of the EVIDA-IRR;

t) Manufacturer or assembler refers to any individual, partnership, corporation, or

other entity incorporated, organized, and existing under Philippine laws,
engaged in the manufacture and assembly of EVs, EVCS and related
equipment, parts and components, and batteries;

u) Micromobility refers to alternative modes of transportation which are provided

by Light EVs with reference to Section 5 of the EVIDA-IRR;

v) Own-Use Charging Stations refer to the utilization of a charging station

exclusively by an individual with reference to Section 6 of the EVIDA-IRR;

w) Plug-in Hybrid EV refers to an HEV with rechargeable energy storage system

that can be charged from an external energy source with reference to Section
5 of the EVIDA-IRR;

x) Private buildings and establishments refer to residential, commercial, and

industrial structures owned or leased by private natural or juridical persons, and
in the case of commercial and industrial structures, whose goods and services
are available to the public;

y) Public buildings and establishments refer to structures owned or leased by the

government through its departments, agencies, bureaus, offices, government-
owned and controlled corporations (GOCCs), and LGUs;

z) Public Utility Vehicle (PUV) Fleet refers to a group or a number of units of road
vehicles owned, leased and/or operated by a private single juridical entity,
corporate or otherwise, such as an operator, established to provide
same/similar/contiguous/interconnected transport and/or logistics services that
have been awarded/granted the valid Certificate of Public Convenience permit,
or authorization; and

aa)Self-Generating Charging Stations refer to charging stations which source

electricity from the grid and also from on-site installed generation facilities with
reference to Section 7 of the EVIDA-IRR.

EVIDA-IRR Page 4 of 21
 Rule II.
EV and EV Charging Station

Section 5. Electric Vehicle. For the purposes of the EVIDA and EVIDA-IRR, EV
refers to a vehicle with at least one (1) electric drive for vehicle propulsion, examples
of which are:

5.1 Battery EVs (BEVs) are those EVs with an electrically propelled vehicle
with only a traction battery as power source for vehicle propulsion

5.2 Hybrid-EVs (HEVs) are those EVs with both a rechargeable energy
storage system and a fueled power source for propulsion

5.3 Light EVs (LEVs) are those EVs used in micromobility that provide
alternative modes of transportation which include electric scooters,
electric bicycles, electric personal transport, and other similar vehicles
weighing less than fifty kilograms (50 kg)

5.4 Plug-in hybrid-EVs (PHEVs) or those HEVs with rechargeable energy

storage system that can be charged from an external electric energy
source

In recognition of the future advances and innovations in technologies, other EVs which
may be recognized by the DOE: Provided, That said EV has at least one (1) electric
drive used for propulsion.

Section 6. EV Charging Station. For the purposes of the EVIDA and the EVIDA-IRR,
an EVCS refers to a facility with equipment for the delivery of electrical energy to EVs
or its battery, installed in an enclosure with special control functions and
communications, and may be located off the vehicle, examples of which, include
among others:

6.1 Battery Swapping Station (BSS) is an EVCS facility which allows EV

users to exchange a near-empty discharged battery with a fully charged
battery: Provided, That this also includes any replacement made for a
charged battery

6.2 Commercial use charging stations (CUCS) are EVCS whose utilization
are open to the general public or a defined group of individuals

6.3 Own-use charging stations (OUCS) are EVCS whose utilization are for
the exclusive use by an individual, or groups (cooperatives,
corporations, and/or other entities)

EVCS may be installed in private and public buildings and establishments as provided
in Sections 21 and 22 of the EVIDA-IRR: Provided, That the CREVI shall identify
specific types of private and public buildings and establishments to be installed with
CUCS: Provided Further, That all EVCS shall comply with the requirements to be
issued by the DOE pursuant to Section 11 (a) of the EVIDA-IRR.

EVIDA-IRR Page 5 of 21
Section 7. Electricity for EVCS. For the purposes of the EVIDA and the EVIDA-IRR,
EVCS that source electricity from the grid and from on-site installed generation
facilities are considered Self-Generating Charging Stations, while those that are
allowed to supply power to the grid using EVs are considered Centralized Vehicle-to-
Grid Facilities: Provided, That EVCS that sources electricity from the grid and from on­
site installed generation facilities shall comply with the rules and requirements to be
issued.

Section 8. EVCS Provider. For the purposes of the EVIDA and the EVIDA-IRR, EVCS
Providers refer to a natural or juridical person, duly accredited by the DOE, who sells,
constructs, installs, maintains, owns, or operates EVCS or any of its components for
a fee: Provided, That EVCS Providers are permitted to impose and collect fees, which
shall be unbundled, subject to Section 11 (j) of the EVIDA-IRR.

Rule III.
Regulation in Electric Vehicle Industry Development

Section 9. Government Regulation. All government regulations related to the EV

industry shall be formulated to facilitate the creation of an enabling environment for
competitive, equitable, and non-discriminatory private sector participation, with
preference for indigenous technologies as they are available or applicable, to attain
the long-term goal of energy security, energy sufficiency, and stable energy prices.

For this purpose, the DOE in coordination with the relevant government agencies and
stakeholders, and after public consultation, shall issue the guidelines for the issuance
of the simplified and expedited processing of all licenses, permits, certifications or
authorizations, and other requirements on the EV industry, including the setting of
reasonable fees: Provided, That the prescribed processing times shall not exceed the
periods provided for, and the limitation to three (3) signatures outlined in the relevant
provisions of Republic Act No. 11032 otherwise known as the “Ease of Doing Business
and Efficient Government Services Delivery Act of 2018” and its implementing rules
and regulations, and Republic Act No. 11234 otherwise known as the “Energy Virtual
One Stop Shop Act” and its implementing rules and regulations: Provided Further,
That the implementation of this section shall be for shorter periods and lessening of
steps and/or processes: Provided Finally, That only indigenous technology that meets
global safety standards shall be considered for the purposes of this provision.

Upon the issuance of the guidelines pursuant to this provision, no additional

requirements may be imposed unless compliant with the same.

Section 10. Comprehensive Roadmap for the Electric Vehicle Industry (CREVI).
The CREVI refers to a national development plan for the EV industry with an annual
work plan to accelerate the development, commercialization, and utilization of EVs in
the country comprised of the following four (4) components:

10.1 EVs and charging stations component, which includes:

a. Development of standards and specification of EVs and charging
stations
b. Industry promotion of EVs in public and other transport applications

EVIDA-IRR Page 6 of 21
 c. Designation of dedicated parking slots for EVs
d. Design, construction, or installation of EVCS in dedicated parking slots
and dedicated spaces, specially those that will be utilized by PUVs, and
e. Design or construction of parking spaces for EVs, considering EVs
different size, weight, maneuver, and its safety.

10.2 Manufacturing component that gives emphasis on EV for public

transport in addition to EV for individual use, which includes:
a. Promotion and development of the local manufacturing of the EV
industry, and
b. Manufacturing standards for EVs, batteries and facilities including
recycling facilities, parts, and components, and charging stations and
related equipment.

10.3 Research and development (R&D) component that generates Science

and Technology (S&T) based policies and local technologies for
commercialization, and

10.4 Human resource development component which includes skills and

capacity building of needed personnel to support the development of the
EV industry.

The CREVI shall be incorporated in the Philippine Development Plan, Philippine

Energy Plan and the National Transport Policy considering the following:

a. Integration of green routes particularly for EVs, parking spaces, and EVCS
in land-use and transport planning
b. Implementation of harmonized traffic rules on the use of EVs, especially
when mixed traffic cannot be avoided.

To facilitate the determination and promotion of investment requirements,

implementation, and monitoring, the components of the CREVI shall have a short-,
medium-, and long-term projects and activities.

Rule IV.
Role of Government Agencies

Section 11. Powers and Functions of the Department of Energy (DOE). The DOE
shall be the primary agency tasked with the promotion of the adoption of EVs and the
development of EVCS and related equipment. In addition to its functions under existing
laws and pursuant to Section 7 of the EVIDA, the DOE shall have the following powers
and functions:

a. Promulgate uniform and streamlined rules, regulations, and standards on the

use, operations, and maintenance of EVCS and related equipment, in
coordination with other concerned agencies, to include the accreditation of
EVCS Providers and requirements imposed by DUs on charging stations and
EVCS Providers which shall comply with the provisions of Section 9 of the
EVIDA-IRR;

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 b. Convene, within two (2) months from the effectivity of the EVIDA, a technical
working group (TWG) comprised of the DOE, DOTr, DTI, Department of
Science and Technology (DOST), Department of Environment and Natural
Resources (DENR), Department of Public Works and Highways (DPWH),
Department of Interior and Local Government (DILG), and the National
Economic and Development Authority (NEDA) to ensure harmonized policies
and consistent and streamlined standards and regulations in the EV industry.
The members of the TWG shall fully cooperate and collaborate in the
harmonization of policies, including the different components of the CREVI and
the creation, promulgation, and streamlining of standards and regulations in the
EV industry. The TWG shall be chaired by the DOE. It shall meet regularly or
as necessary. The TWG may also invite public and private stakeholders as
resource persons. The output of the TWG may form part of the guidelines to be
issued by the DOE pursuant to Section 9 of the EVIDA-IRR;

c. Develop and update the EV and EVCS component of the CREVI under Section
6 (a) of the EVIDA in coordination with the DOTr, and in consultation with the
LGUs and other relevant national government agencies (NGAs). The
component shall be completed not later than the 30th of May of every year;

d. Develop and update the CREVI by consolidating its various components

pursuant to Section 6 of the EVIDA. The CREVI shall be made publicly available
on its website not later than the 30th of September of every year;

e. Implement, together with the DOTr and DTI, plans and programs pursuant to
Section 7(a) of the EVIDA through information, education, communication, and
demonstration campaigns consistent with the CREVI;

f. Accredit EVCS Providers, and make available to the public on its website an
annual inventory of all accredited EVCS Providers and a list of all CUCS and
BSS in the country;

g. Require DUs to submit their respective charging infrastructure development

plans as part of their Distribution Development Plans (DDPs) not later than the
30th of August of every year;

h. Enforce compliance with the installation of EVCS as required under Sections

18 and 19 of the EVIDA, and Sections 22 and 23 of the EVIDA-IRR;

i. Enforce compliance on the installation of EVCS with the Philippine Electrical

Code and other applicable provisions of Republic Act No. 7920, otherwise
known as the “New Electrical Engineering Law", the Philippine Distribution
Code, and other relevant standards. Towards this end, the DOE shall conduct
regular inspections of CUCS and BSS;

j. Ensure compliance with the unbundling of charging fees by EVCS Providers;

k. Enforce compliance of EVs with Section 17 of Republic Act No. 11285,

otherwise known as the “Energy Efficiency and Conservation Act”;

EVIDA-IRR Page 8 of 21
 I. Develop and implement programs, in coordination with relevant NGAs, to
provide full and ease of access to EVs and EVCS of senior citizens and persons
with disabilities consistent with the applicable provisions of Republic Act No.
7432, as amended, otherwise known as the “Senior Citizens Act", and Republic
Act No. 7277, as amended, otherwise known as the “Magna Carta for Persons
with Disability”;

m. Consolidate and centralize data from the DTI, DOTr, DENR, Energy Regulatory
Commission, Land Transportation Office (LTO), LTFRB, LGUs, and other
relevant NGAs insofar as EVs and EVCS are concerned for easy access of the
public; and

n. Perform all other acts that are analogous to the foregoing, which are necessary
and incidental to accomplish the policy objectives of the EVIDA and EVIDA-
IRR, including the development and implementation of targeted and time-bound
projects aimed at accelerating the adoption of EVs.

Section 12. Powers and Functions of the Energy Regulatory Commission (ERC).
In addition to its functions under Republic Act No. 9136, otherwise known as the
“Electric Power Industry Reform Act of 2001 (EPIRA)", other existing laws and
pursuant to Section 8 of the EVIDA, the ERC shall:

a. Regulate the rates charged by DUs on all EVCS, taking into account, the
utilization of the EVCS, its unique requirements, and its effect in the DU’s
demand profile and distribution system, and the rate-setting methodology of the
ERC pursuant to Section 43 of the EPIRA;

b. Promulgate uniform and streamlined rules and requirements for Section 7 and
compliant with Section 9 of the EVIDA-IRR; and

c. Perform all other acts that are analogous to the foregoing, which are necessary
and incidental to accomplish the policy objectives of the EVIDA and the EVIDA-
IRR.

Section 13. Powers and Functions of the Department of Transportation (DOTr).

The DOTr shall be the primary agency tasked with the development of EV demand
generation, and the regulation and registration of EVs, as well as franchising of EVs
used for public transportation. In addition to its functions under existing laws and
pursuant to Section 9 of the EVIDA, the DOTr shall have the following powers and
functions:

a. Coordinate with the DOE in the preparation of the EV and EVCS component of
the CREVI pursuant to Section 7(c) of the EVIDA;

b. Promulgate uniform and streamlined policies, rules, and requirements through

its attached agencies on the use, operations, inspection, and registration of
EVs, as well as franchising of EVs used for public transportation, consistent
with Section 9 of the EVIDA-IRR;

EVIDA-IRR Page 9 of 21
 c. Exempt from payment of the registration fees under the EVIDA and registration
with DOTr and its attached agencies, LEVs which shall be for exclusive private
use, not intended to be operated or used upon any public highway, or which
are operated on highways not constructed or maintained by the government, or
are intended not to be used or operated at all;

d. Ensure that the CREVI shall form part of and be consistent with a
comprehensive sustainable transportation plan established by the government;

e. Coordinate with the National Commission for Culture and the Arts (NCCA) on
the preservation of the artistic design of traditional jeepneys for EVs intended
for use for public transportation: Provided, That as far as practicable, all
manufacturers and importers of EVs intended for use for public transportation
shall coordinate with the DOTr and the NCCA to emulate the artistic design of
the traditional jeepneys to preserve the country’s cultural heritage, consistent
with relevant enforceable Philippine National Standards: Provided Further,
That, artistic design shall be limited to mean color schemes, logos, fonts, and
stickers used on the outer panels of the EVs used for public transportation:
Provided Finally, That, all designs which affect or may have an effect on road
safety and vehicle road-worthiness, including but not limited to design of the
engine, chassis, lights, and other material and functional parts of the vehicle,
shall be governed by the applicable rules and regulations set by the LTO and
LTFRB with regard to road safety;

f. Conduct information, education, communication, and demonstration

campaigns, together with the DOE and DTI;

g. Mandate the inclusion of green routes in public transport route plans with
consideration to the viability through the promulgation and utilization of the
green route selection criteria;

h. Incorporate the accelerated deployment of EVs in the PUV Modernization

Program and may provide additional support to EV PUVs consistent with the
EVIDA-IRR and the CREVI;

i. Develop a program for a just transition of the gradual phase-in of electric PUVs,
in coordination with other relevant public and private stakeholders;

j. Conduct capacity-building activities for affected PUV operators, drivers and

technicians, in coordination with the DOE, DTI, DILG, Technical Education and
Skills Development Authority (TESDA), and respective LGUs;

k. Conduct inspection and registration of EVs through the LTO using the Motor
Vehicle Inspection System (MVIS) to ensure the quality and safety of parts,
components, and whole vehicle soundness as set in the Philippine National
Standards (PNS); and

I. Through the LTO and LTFRB, strictly implement relevant rules and issuances
applicable to EV, and amend accordingly as may be necessary subject to the

EVIDA-IRR Page 10 of 21
 conduct of public consultations, in compliance with other requirements, as may
be provided under existing laws.

Section 14. Powers and Functions of the Department of Trade and Industry (DTI).
The DTI shall be the primary agency tasked with the promotion and development of
the local manufacturing of the EV industry. In addition to its functions under existing
laws and pursuant to Section 10 of the EVIDA, the DTI shall have the following powers
and functions:

a. Through the Bureau of Philippine Standards (BPS), formulate and review

regularly relevant PNS for the EV industry to ensure consumer protection and
trade facilitation taking into consideration developments in trade and latest
technology, including safety, quality, and environmental advances in the EV
industry;

b. Regulate the quality and safety of parts and components by implementing

relevant standards, through the BPS, and accrediting inspection, testing, and
certifying bodies offering conformity assessment services relevant to EV
industry, through the Philippine Accreditation Bureau, national accreditation
body, to ensure product quality and consumer protection;

c. Develop and update regularly the manufacturing component of the CREVI, in

coordination with the DOE, DOTr, Board of Investments (BOI), and other
relevant NGAs pursuant to Section 6(b) of the EVIDA. The manufacturing
component shall be submitted to the DOE not later than the 30th of May of
every year;

d. Develop and update regularly the human resource development component of

the CREVI, in coordination with the Department of Labor and Employment
(DOLE), TESDA, Commission on Higher Education (CHED), and other relevant
NGAs pursuant to Section 6(d) of the EVIDA. The human resource
development component shall be submitted to the DOE not later than the 30th
of May of every year;

e. Develop, through the BOI and in coordination with other relevant NGAs, the EV
incentive strategy pursuant to Section 24(a) of the EVIDA, and other industry
development and adoption programs to build and strengthen the EV ecosystem
in the country;

f. Develop, in coordination with the DENR, a program for the adoption of

manufacturing and recycling standards for EV batteries and facilities;

g. Perform market research analysis of market trends and global market

intelligence, through the Competitiveness and Innovation Group (CIG), as
inputs to the CREVI and the overall EV policy marking and industry
development work with focus on the promotion and development of the local
manufacturing of the EV industry;

h. Develop competitiveness-enhancing initiatives and implement programs

through the CIG, that will promote innovation and digital transformation with

EVIDA-IRR Page 11 of 21
 focus on the promotion and development of the local manufacturing of the EV
industry;

i. Allocate budget for EV related trainings through TESDA in coordination with the
DOE and the DOTr; and

j. Perform all other acts that are analogous to the foregoing, which are necessary
and incidental to accomplish the policy objectives of the EVIDA.

Section 15. Powers and Functions of the Local Government Units (LGUs). In
addition to its functions under existing laws and pursuant to Section 11 of the EVIDA,
LGUs shall have the following powers and functions:

a. Include green routes in their respective LPTRP consistent with the National
Transport Policy, DOTr Department Order No. DO2017-11, DOTr-Department
of the Interior and Local Government (DILG) Joint Memorandum Circular No.
001, series of 2017, the green route selection criteria which will be issued by
the DOTr, and such other issuances that may be promulgated;

b. Issue Certificates of Inspection to EVCS;

c. Provide segregated lanes for LEVs in all major local and national roads, in
coordination with the DPWH: Provided, That such lanes may be integrated with
bicycle lanes;

d. Submit to the DOE not later than the 30th of January of every year the list of all
CUCS in their respective localities;

e. Issue permits for the construction or renovation of buildings or establishments

pursuant to the guidelines promulgated by the DPWH in Section 12 of the
EVI DA;

f. Ensure compliance of public and private buildings and establishments with

Section 18 of the EVIDA;

g. Issue necessary policies or legislations regulating the operations of EVs:

Provided, That it is in accordance with the EVIDA and EVIDA-IRR; and

h. Provide designated loading and unloading stations for EVs.

Section 16. Powers and Functions of the Department of Public Works and
Highways (DPWH). In addition to its functions under existing laws and pursuant to
Section 12 of the EVIDA, the DPWH shall establish guidelines on the following:

a. Construction or installation of EVCS and other related equipment in buildings

and other establishments; and

b. Issuance of permits for the construction or renovation of buildings or

establishments pursuant to Section 17 of the EVIDA;

EVIDA-IRR Page 12 of 2
 c. Assist in the planning and implementation of skills acquisition, in partnership
with TESDA and the industry, for EV related training and assessment programs.
The DPWH through its network of TESDA-accredited assessment and training
centers, and pool of skills assessors and trainers shall participate in skills
multiplier programs by TESDA;

d. Utilize its network of heavy equipment and vehicle shops (area shop equipment
shops) and motorpool facilities nationwide as EVCS for its fleet and of other
NGAs in coordination with the DOE whenever feasible;

e. Assist the DOE, DTI and DENR, thru the Bureau of Equipment (BOE), in EV
R&D primarily focused in the EV's reliability, maintainability and operability, and
establishment of EV life cycle management strategy and standards; and

f. Assist DOTr, in reviewing and updating of EV registration focused on system

reliability, adjustment of road safety parameters and driver/operator knowledge
on its operations and maintenance.

Section 17. Powers and Functions of the Department of Science and Technology
(DOST). In addition to its functions under existing laws and pursuant to Section 13 of
the EVIDA, the DOST shall develop and regularly update the R&D component of the
CREVI, in consultation with the DTI and other relevant NGAs pursuant to Section 6(c)
of the EVIDA.

The R&D component gearing towards commercialization shall be submitted to the

DOE not later than the 30th of May of every year. The provision of technical and
financial support for studies shall conform to the National Harmonized R&D agenda
including those that may be extended for the conduct of localized transport studies by
accredited state universities and colleges at the local government level.

Section 18. Powers and Functions of the Department of Environment and

Natural Resources (DENR). In addition to its functions under existing laws and
pursuant to Section 14 of the EVIDA, the DENR shall have the following powers and
functions;

a. In consultation with the DOE, DOTr, DTI, and other public and private
stakeholders, promulgate rules and guidelines on the recycling and disposal of
EVs, EVCS and related equipment, parts and components, and batteries
consistent with the provisions of Republic Act No. 6969 or the “Toxic Substance
Hazardous and Nuclear Waste Control Act of 1990” and related issuances;

b. In coordination with the DOTr, include EVs in the comprehensive air pollution
management and control program in accordance with Republic Act No. 8749,
otherwise known as the “Clean Air Act of 1999” including the update of air
quality standards and study for possible incentives for carbon offsetting; and

c. In coordination with the DOE, establish guidelines for the accurate

characterization, disposal, handling, and management of wastes involving EVs,
EVCS and related equipment, parts and components, and batteries.

EVIDA-IRR Page 13 of 21
Section 19. Power and Function of the National Economic and Development
Authority (NEDA). Pursuant to Section 15 of the EVIDA and in recognition of the
importance of the role of the EV industry in national development, NEDA shall include
the CREVI in the Philippine Development Plan.

Rule V.
Demand Generation and Industry Development

Section 20. Mandatory EV Share in Corporate and Government Fleets. The

following entities shall ensure that at least five percent (5%) of their fleet, whether
owned or leased, shall be EVs within the timeframe indicated in the CREVI:

a. Industrial and commercial companies such as cargo logistics or freight

forwarding companies, parcel and food delivery companies, tour agencies,
hotels, power utilities, and water utilities;

b. Public transport operators, including Public Utility Minibuses, Public Utility

Buses (PUBs), Public Utility Jeepneys (PUJs), Utility Vans (UVs), Filcab,
Shuttle Services, Tourist Transport Services, School Services, tricycles, taxis,
and transport network vehicle services; and

c. LGUs, NGAs, and GOCCs: Provided, That the electrification of government

fleets shall be considered as a government energy efficiency project under
Republic Act No. 11285, otherwise known as the “Energy Efficiency and
Conservation Act".

The CREVI shall provide a timeline for both the attainment of the mandatory
percentage share and the gradual increase of such percentage until the entire fleet of
the covered entities will all be EVs: Provided, That the availability and sufficiency of
energy supply and EVCS as well as other conditions affecting the optimal utilization of
EVs shall be taken into consideration: Provided Further, That the financial implications
relating to initial capital outlay and operating costs for the purchase and use of EVs,
particularly for micro, small, and medium enterprises (MSMEs), will also be taken into
consideration: Provided Finally, That the mandatory share for fleets also factors in the
availability of EVCS and parking slots.

The DOE in consultation with the EVIDA-TWG member agencies may issue guidelines
for the effective implementation of this section consistent with the CREVI and the
policies of the EVIDA and the EVIDA-IRR.

Section 21. Dedicated Parking Slots for EVs in Private and Public Buildings and
Establishments. Private and public buildings and establishments constructed after
the effectivity of the EVIDA and pursuant to the National Building Code of the
Philippines shall designate dedicated parking slots for the exclusive use of EVs to
include LEVs: Provided, That the number of dedicated parking slots shall be
proportional to the total number of parking slots within the building or establishment as
provided in the CREVI: Provided further, That if there are twenty (20) or more parking
slots, there should be at least five percent (5%) dedicated parking slots for EVs of the
total number of parking slots within the building or establishment: Provided finally, That

EVIDA-IRR Page 14 of 21
existing private and public buildings and establishments shall comply with the
foregoing requirements within the timeframe indicated in the CREVI.

The DOE in consultation with the EVIDA-TWG member agencies may issue guidelines
for the effective implementation of this section consistent with the CREVI and the
policies of the EVIDA and the EVIDA-IRR.

Section 22. Construction or Installation of EVCS in Dedicated Parking Slots. The

CREVI shall determine when dedicated parking slots shall be installed with an EVCS
either by the owner of the building or establishment or an EVCS Provider: Provided,
That the owner of the private or public building or establishment shall have the first
priority to install, operate, or maintain a charging station in its premises: Provided
Further, That to facilitate the implementation of this section, the DOE may issue
guidelines consistent with the CREVI and the policies of the EVI DA and the EVIDA-
IRR.

Section 23. Construction or Installation of EVCS in Gasoline Stations. Select

gasoline stations identified in the CREVI shall designate dedicated spaces for the
installation of CUCS. The CREVI shall determine when dedicated spaces in gasoline
stations shall be installed with a CUCS either by the owner and/or operator of the
gasoline station or an EVCS Provider: Provided, That the owner and/or operator of the
gasoline station shall have the first priority to install, operate, or maintain a CUCS in
its premises. A gasoline station, if required under the CREVI to have a designated
space for an EVCS, shall not be issued a construction, operation, or compliance permit
by the DOE unless the owner and/or operator shows that there is ample space for the
construction or installation of EVCS within its premises.

For this purpose, the DOE in consultation with the EVIDA-TWG member agencies may
issue guidelines for the effective implementation of this section consistent with the
CREVI and the policies of the EVIDA and the EVIDA-IRR.

Section 24. Permitting for Construction. No permit shall be issued by the LGU for
the construction or renovation of a building or establishment unless the applicable
provisions under Sections 21, 22 and 23 of the EVIDA-IRR have been complied with:
Provided, That the process, timeframe, and requirements for the permitting under this
section shall comply with Section 9 of the EVIDA-IRR.

Rule VI.
EV Infrastructure - Duties, Roles, and Responsibilities of Stakeholders

Section 25. Duties and Responsibilities of Owners or Operators of Charging

Stations. An owner or operator of an EVCS shall have the following duties and
responsibilities:

a. Comply with the applicable rules, requirements, and standards including the
national standard for EV power output rating and safety distance for
construction or installation of charging stations, as well as all applicable permits
and licenses of relevant NGAs and LGUs in accordance with the EVIDA;

EVIDA-IRR Page 15 of 21,

 b. Pay the DU for electricity consumption of the EVCS, when applicable;

c. Unbundle the charging fees imposed by BSS and CUCS; and

d. Regularly submit to the DOE an unbundled structure of the charging fees

imposed by BSS and CUCS on EV users.

Section 26. Duties and Responsibilities of Distribution Utilities. A DU shall have

the following duties and responsibilities:

a. Provide the necessary power requirement for the establishment and operation
of charging stations consistent with its DDP;

b. Prepare the charging station infrastructure development plan and incorporate

the same in its DDP; and

c. Comply with Section 26 of the EPIRA as implemented by ERC's applicable

rules and guidelines on business separation and unbundling in the event that it
engages in the business of a charging station service provider.

Rule VII.
Incentives

Section 27. Fiscal Incentives for Manufacturing. Pursuant to Section 24 of the

EVIDA, the following activities shall undergo an evaluation process to determine their
inclusion in the strategic investment priority plan (SIPP) and possible entitlement to
the incentives and for the length of time as provided under Executive Order No. 226,
otherwise known as the “Omnibus Investments Code of 1987", as amended by
Republic Act No. 11534, otherwise known as the “Incentives Corporate Recovery and
Tax for Enterprises Act" and Title XIII of the National Internal Revenue Code of 1997
as amended by the Corporate Recovery and Tax Incentives for Enterprises Act, and
other applicable laws:

1. Manufacture and assembly of EVs, EVCS, batteries, and parts and

components; and

2. The establishment and operations of EVCS and other related support

infrastructure such as R&D centers, training centers, testing centers, and waste
treatment facilities.

For this purpose, the BOI in coordination with the DOE and the DOTr shall issue
guidelines for the endorsement for fiscal incentives under this section for the
abovementioned activities, and the advancement of their mandates under Sections 11
and 13 and of the EVIDA-IRR: Provided, That the process, timeframe, and
requirements for the endorsement under this section shall comply with Section 9 of
the EVIDA-IRR.

Section 28. Development of the EV Incentive Strategy. Pursuant to Section 24 of

the EVIDA, the DTI through the BOI shall recommend an EV incentive strategy to the

EVIDA-IRR Page 16 of 21
Fiscal Incentives Review Board (FIRB) for approval, as part of the manufacturing
component of the CREVI, similar to Executive Order No. 182, series of 2015,
otherwise known as the “Comprehensive Automotive Resurgence Strategy Program”.
The incentive strategy shall:

1. Narrow the cost gap between EVs and traditional motor vehicles and enable
the shift of the local traditional motor vehicle industry to EVs: Provided, That the
same shall include the utilization of government subsidies to entice users to
immediately shift to EVs consistent with the CREVI;

2. Provide time-bound, targeted, performance-based, and transparent fiscal and

non-fiscal support to attract EV and EV parts manufacturing, particularly
electronic parts and other strategic components, batteries, EVCS, and the
establishment of testing facilities; and

3. Set local production targets to be achieved within eight (8) years from the
promulgation of the EV incentive strategy, subject to extension as determined
by the DTI.

The DTI through the BOI shall establish the application and selection process for
enrollment and qualification of participants, imposing such terms and conditions as it
may deem necessary to promote the objectives of the incentive strategy: Provided,
That registered participants shall not be allowed to register the same activity or product
under any other program granting incentives.

Section 29. Fiscal Incentives for Importation. Pursuant to Section 24 of the EVIDA,
the importation of completely built units of EVs shall be entitled to the incentives under
Republic Act No. 10963, otherwise known as the “Tax Reform for Acceleration and
Inclusion Act”: Provided. That in the case of imported electric jeepneys and electric
tricycles, the Department of Finance, upon recommendation of the DTI, may suspend
the exemption in order to protect local manufacturers.

The importation of completely built units of EVCS shall be exempt from the payment
of duties for eight (8) years from the effectivity of the EVIDA.

The importation of capital equipment and components used in the manufacture or

assembly of EVs and construction or installation of EVCS shall undergo an evaluation
process to determine their inclusion in the SIPP and possible entitlement to the
incentives and for the length of time as provided under the Omnibus Investments Code
of 1987, as amended, Title XIII of the National Internal Revenue Code of 1997, as
amended, and other applicable laws.

For this purpose, the DOE and the DTI, in coordination with the DOTr and other
relevant government agencies shall issue guidelines for the endorsement for fiscal
incentives under this section for activities in relation to, and the advancement of their
mandates under Sections 11 and 13 and of the EVIDA-IRR: Provided, That the
process, timeframe, and requirements for the endorsement under this section shall
comply with Section 9 of the EVIDA-IRR.

EVIDA-IRR Page 17 of 21
Section 30. Fiscal Incentives for Utilization. Pursuant to Section 24 of the EVIDA,
a thirty percent (30%) discount for BEVs and fifteen percent (15%) discount for HEVs
from the payment of the motor vehicle user’s charge imposed by the LTO under
Republic Act No. 8794, otherwise known as “Motor Vehicle User’s Charge Act”, as
well as vehicle registration and inspection fees shall be available for eight (8) years
from the effectivity of the EVI DA.

Section 31. Non-Fiscal Incentives for EV Users. Pursuant to Section 25 (a) of the
EVIDA, EV users shall enjoy the following non-fiscal incentives for eight (8) years from
the effectivity of the EVI DA:

1. Priority registration and renewal of registration, and issuance of a special type

of vehicle plate by the LTO,

2. Exemption from the mandatory unified vehicular volume reduction program,

number-coding scheme, or other similar schemes implemented by the
Metropolitan Manila Development Authority (MMDA), other similar agencies,
and LGUs with due consideration on the impact of such exemption on the
volume of vehicles,

3. Expeditious processing by the LTFRB of applications for Certificate of Public

Convenience to operate, including its renewal, for PUV operators that are
exclusively utilizing EVs, and

4. Availment of TESDA Training Programs on EV assembly, use, maintenance,

and repair for its employees.

For this purpose, the DOE in coordination with other NGAs and LGUs, shall issue
guidelines for the effective implementation of this section.

Section 32. Non-Fiscal Incentives for EV Manufacturers and Importers. Pursuant

to Section 25 (b) of the EVIDA, those in the EV industry, which include among others,
EV manufacturers and importers shall enjoy the expeditious processing by the Bureau
of Customs on the importation of parts and components for the manufacture and
assembly of EVs.

For this purpose, the DOE and the DOTr shall issue guidelines for the certification of
those in the EV industry referred to under this section pursuant to and for the
advancement of their mandates under Sections 11 and 13 and of the EVIDA-IRR:
Provided, That the process, timeframe, and requirements for the certification under
this section shall comply with Section 9 of the EVIDA-IRR.

Section 33. Allowance for Foreign National Experts. Pursuant to Section 25 (c) of
the EVIDA, the government shall allow expert foreign nationals to be employed under
a form of technology transfer agreement in the EV industry, subject to the guidelines
that shall be issued by the DOLE, the Professional Regulatory Commission, and the
DTI: Provided, That the process, timeframe, and requirements for the guidelines under
this section shall comply with Section 9 of the EVIDA-IRR.

EVIDA-IRR Page 18 of 21
Section 34. Financial Assistance. Pursuant to Section 26 of the EVIDA, government
financial institutions and other financial institutions, in accordance with and to the
extent allowed by the enabling provisions of their respective charters or applicable
laws, are encouraged to provide concessional financial packages for entities engaged
in the activities in the EV industry under as outlined in the EVIDA-IRR, and preferential
interest rates and payment scheme on consumer loans for the acquisition of EVs and
EVCS. Similarly, expand the preferential interest rates and payment schemes of
special loan facilities or programs particularly intended for the acquisition of EV fleets
for public transportation.

The government through the DOST or any relevant agency shall exert effort to access
international funding to provide facilities or complement local R&D activities for EV
industry.

The Bangko Sentral ng Pilipinas shall encourage banks to lend a certain percentage
of their portfolio to EV, EVCS, and battery manufacturers, assemblers, and end users:
Provided, That financing packages for EV fleets shall be prioritized and the procedure
shall be streamlined.

Rule VIII
Organizational Strengthening

Section 35. Establishment of Dedicated Offices. Pursuant to Section 27 of the

EVIDA, within six (6) months from the effectivity of the EVIDA-IRR, the Secretaries of
the DOE, DOTr, and DTI shall submit the proposed organizational structure and
staffing complement of the dedicated offices, which shall be effective upon the
approval of the Department of Budget and Management (DBM), consistent with
existing civil service rules and regulations. The dedicated offices may also form part
of the one stop shop to facilitate the processing of the necessary permits, licenses,
certifications, or endorsements to implement the EVIDA and EVIDA-IRR.

Pending the approval of the organizational structure and staffing complement of the
DBM, the Secretaries of the DOE, DOTr, and DTI may designate staff to perform the
duties, functions, and responsibilities under the EVIDA and the EVIDA-IRR.

Section 36. Expansion of the EVOSS Steering Committee. Pursuant to Section 21

of the EVIDA, the membership of the EVOSS Steering Committee shall include the
Anti-Red Tape Authority Director General.

Rule IX
Prohibited Acts, Fines and Penalties

Section 37. Prohibited Acts. Violation of the following shall be subject to the
imposition of penalties provided under Section 28 of the EVI DA:

1. Violation of Section 6 of the EVIDA (CREVI)

2. Violation of Section 16 of the EVIDA (Mandatory Share of EV)
3. Violation of Section 17 of the EVIDA (Dedicated Parking Slots)

EVIDA-IRR Page 19 of 21
 4. Violation of Section 18 of the EVIDA (Construction or Installation of EVCS)
5. Violation of Section 19 of the EVIDA (Construction or Installation of EVCS
Gasoline Stations)
6. Violation of Section 20 of the EVI DA (Use of Charging Station)
7. Violation of Section 21 of the EVIDA (Permits)
8. Violation of Section 22 of the EVI DA (Duties and Responsibilities of Operators
EVCS)
9. Violation of Section 23 of the EVIDA (Duties and Responsibilities of DUs)

Section 38. Penalties. Pursuant to Section 28 of the EVIDA, a fine ranging from a
minimum of Fifty Thousand Pesos (P50.000.00) to a maximum of Five Hundred
Thousand Pesos (P500.000.00), and may include suspension or revocation of permits
issued, if applicable, shall be imposed upon any person, both natural and juridical.

The imposition of the fines is without prejudice to the penalties provided under existing
laws, rules, and regulations prescribed by other concerned agencies.

The DOE, DOTr, and DPWH shall, in coordination with the DTI, DILG, issue
appropriate rules and regulations on the imposition of these fines and penalties.

RuleX
Final Provisions

Section 39. Appropriations. Such sums as may be necessary for the successful
implementation of the EVIDA and the EVIDA-IRR shall be taken from the current
appropriations of the DOE, DOTr, and DTI. Thereafter, the amount needed for its
continuous implementation shall be included in the annual General Appropriations Act.

Section 40. Administrative Responsibility. Pursuant to Section 30 of the EVIDA,

the DOE together with the DOTr shall, in coordination with the DTI, and in consultation
with other relevant NGAs and public and private stakeholders, issue the EVIDA-IRR
within one hundred twenty (120) days upon the effectivity of the EVIDA.

Failure of the relevant government agencies to promulgate the implementing rules and
regulations, and the other necessary issuances to further implement the EVIDA and
the EVIDA-IRR, within the specified period shall subject the heads of these
government agencies to administrative penalties under applicable civil service laws.

Should the EVIDA-IRR, and the other necessary issuances to further implement the
EVIDA and the EVIDA-IRR, contain provisions that are contrary to the EVIDA, the
heads of the government agencies responsible for such provision, when done in bad
faith or with gross negligence, shall be held administratively liable.

Section 41. Congressional Oversight. Pursuant to Section 29 of the EVIDA and

upon effectivity of the EVIDA, the Joint Congressional Energy Commission (JCEC),
created under the EPI RA, as amended, shall exercise oversight powers over the
implementation of the EVIDA.

EVIDA-IRR Page 20 of 2
Section 42. CREVI Implementation Report. The DOE, DOTr, DTI, and other relevant
NGAs shall submit the CREVI and a report on the implementation of the EVIDA to the
JCEC not later than the 1st day of December of every year.

Section 43. Separability Clause. If, for any reason, any section or provision of the
EVIDA or the EVIDA-IRR is declared to be unconstitutional or invalid, such part not
affected thereby shall remain in full force and effect.

Section 44. Repealing Clause. All laws, presidential decrees, executive orders,
issuances, rules, and regulations inconsistent with the provisions of the EVIDA and
the EVIDA-IRR are hereby repealed or modified accordingly.

Section 45. Effect!vity. The EVIDA-IRR shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation and its filing
with the University of the Philippines Law Center - Office of the National Administrative
Register (ONAR).

Approved.
=3i 5

Ml
RAP EL PM. LOTILLA JAIME J. BAUTISTA j
Secretary Secretary
Department of Energy 1 Department of Transportation

EVIDA-IRR Page 21 of 21