The Energy Regulatory Board Resolution No. 96-10 dated April 29, 1996, provides in its dispositive portion:

œWHEREFORE, pursuant to Republic Act No. 8180, this Board hereby orders and requires persons and companies directly importing petroleum products for their own use to pay to/withdraw from the OPSF the amount imposed on petroleum products prescribed in ERB Resolution No. 96-09 dated April 10, 1996, provided, however, that their withdrawal therefrom shall only be up to the extent of their contribution; and that the Department of Energy is hereby requested to inform the accredited direct importers of such finished products of this resolution. œ

The following guidelines are hereby issued for proper guidance and compliance of all person and companies concerned:

1. Payment of amount due to the OPSF shall be made on or before the 20th of the month following import arrival to the Treasury Division, Department of Energy, PNPC Complex, Merritt Road, Fort Bonifacio, Metro Manila.

2. A sworn statement duly signed by responsible finance officer or equivalent position shall accompany payment to claim from the OPSF with all these supporting documents:

- Schedule of amount due to/from the OPSF showing volume, ERB ™s rate of import, and total amount

- Supplier ™s Invoice

- Bill of Lading

- Import Entry Declaration

- Certificate of Compliance issued by the Energy Industry Administration Bureau (EIAB), Department of Energy

3. A surcharge of fifteen percent (15%) for the first month and two percent (2%) for every month thereafter shall be imposed by the DOE for late remittance of amount due the OPSF in accordance with Ministry of Finance Order No. 1-85 dated April 15, 1985, as amended.

4. All transactions covered by this circular shall be subject to all applicable government accounting and auditing rules and regulations, and substantive verification and post-audit by the DOE through its Management and Audit Division and the Commission on Audit respectively.

The EIAB is hereby directed to disseminate this Circular to all persons and companies concerned.

This Circular shall take effect immediately a day after its publication in the national newspapers of general circulation.

Adopted: 13 May 1996