QuestionsQuestions (Republic Act No. 178)
It amended certain sections of Commonwealth Act No. 146 (the Public Service Act) to (1) increase the number of commissioners in the Public Service Commission (PSC) and (2) create the Office of the People’s Counsel in the PSC.
The PSC was composed of one Public Service Commissioner and two Associate Commissioners.
“Commission” refers to the Public Service Commission as a body; “Commissioner” refers either to the Public Service Commissioner or to either of the Associate Commissioners.
They must be citizens and residents of the Philippines, not under 30 years of age, members of the Bar of the Philippines, and are appointed by the President with the consent of the Commission on Appointments.
They hold office until they reach age 70, or until removed in accordance with the procedure in Section 173 of Act No. 2711 (Revised Administrative Code).
The Associate Commissioner with seniority of appointment acts as Commissioner.
Contested cases; cases involving fixing of rates; and petitions for reconsideration of orders or decisions must be heard in banc. An affirmative vote of at least two commissioners is necessary for promulgation of a decision or noninterlocutory order.
Yes. The Commission may delegate reception of evidence to one commissioner, who reports to the Commission en banc the evidence received so it can render the decision.
Public Service Commissioner: P11,000 annual; each Associate Commissioner: P10,000 annual.
Upon recommendation of the Public Service Commissioner, the Secretary of Justice appoints the secretary and other officers/employees (as provided in the appropriation act). The Public Service Commissioner has general executive control, direction, and supervision over the work and administrative business of the PSC and its personnel.
The PSC office is in the City of Manila. It may hold hearings at such times and places within the Philippines as it provides by written order.
During April and May each year, one commissioner is on duty and the other two are on vacation in a manner such that once every three years one of them is on duty during April and May. The Secretary of Justice may require one or both of the other two commissioners not on duty to render services during vacation months in the interest of public service.
It is an office created under the administrative supervision of the Secretary of Justice within the PSC.
They are appointed by the President with the consent of the Commission on Appointments. They must possess the qualifications of a provincial fiscal.
During their tenure, they must not intervene directly or indirectly in the management or control of, or be financially interested in, any public service as defined in the Act.
(1) Institute proceedings before the PSC for the purpose of fixing just and reasonable rates/charges when existing rates are unjust, unreasonable, or unjustly discriminatory. (2) Represent and appear for the public in every case involving interests of users of products or services of any public service under PSC jurisdiction. (3) Investigate service, rates, and valuation of properties of public services and take steps necessary to protect the interests of affected persons or the public. Also authorized to represent petitioners complaining in matters of rates and services, and to issue subpoenas/subpoena duces tecum.
RA 178 expressly empowers the People’s Counsel to issue subpoena or subpoena duces tecum in connection with his investigation and functions.