Question & AnswerQ&A (Republic Act No. 2677)
The Public Service Commission is a commission created under the Department of Justice. It is composed of one Public Service Commissioner and five Associate Commissioners and is vested with specific powers and duties under the Public Service Act as amended.
The Commissioners must be natural born citizens and residents of the Philippines, at least 30 years old, members of the Bar of the Philippines, and have at least five years of law practice or five years of government service requiring a lawyer's diploma. They are appointed by the President with the consent of the Commission on Appointments.
Commissioners hold office until they reach the age of 70 or are removed according to specified procedures. Upon retirement, they are entitled to retirement benefits and privileges equivalent to those of Judges of the Courts of First Instance.
The Commission can sit individually, en banc, or in two divisions of three Commissioners each. A quorum for en banc sessions is five Commissioners, and for division sessions, two Commissioners. Decision-making depends on the nature of the case, with contested cases and rate-fixing decided by a division, and motions for reconsideration heard en banc requiring at least four Commissioners' concurrence.
The Public Service Commissioner receives an annual compensation of thirteen thousand pesos, while each Associate Commissioner receives twelve thousand pesos annually.
Jurisdiction covers all public services and their franchises, equipment, and properties including common carriers, railways, motor vehicles, shipping lines, shipyards, utilities like gas, electric, water supply, communications systems, and similar services as defined in the Act.
No, public services owned or operated by government entities or government-owned/control corporations are regulated by the Commission but are not required to secure certificates of public convenience or necessity.
Exemptions include warehouses; vehicles drawn by animals, bancas moved by oar or sail, tugboats, and lighters; airships except for rate fixing; radio companies except for rate fixing; and public services owned/operated by government instrumentalities or government-owned/control corporations except for rate fixing.
The Commission has jurisdiction, supervision, and control over all public services. It has necessary powers and may use the aid of the public force to enforce its regulations and decisions.
In case of absence, illness, incapacity, or vacancies, the Secretary of Justice may temporarily designate Judges of the Courts of First Instance or attorneys from the Commission's legal division to sit as Commissioners. Sessions require quorum presence; without it, sessions are adjourned until quorum is met.