Question & AnswerQ&A (Commonwealth Act No. 146)
The Act is officially known as the "Public Service Act."
The Public Service Commission consists of a Public Service Commissioner and a Deputy Commissioner.
They must be citizens and residents of the Philippines, not under thirty years of age, members of the Bar of the Philippine Islands, and appointed by the President with the consent of the Commission on Appointments of the National Assembly.
They hold office until removed in accordance with the procedure prescribed in section one hundred and seventy-three of Act Numbered Twenty-seven hundred and eleven (the Revised Administrative Code).
The Commission has general supervision, regulation, jurisdiction, and control over all public services, their property, property rights, equipment, facilities, and franchises, as necessary to carry out the provisions of the Act, except for specific exemptions like ice plants, municipal warehouses, animal-drawn vehicles, aircraft (except rates), and others.
It includes any individual, copartnership, association, corporation, or other entities owning, operating, managing, or controlling for hire or compensation any common carrier, railroad, utilities like gas, electric light, water, telegraph system, broadcasting stations, among others, serving public use within the Philippines.
No, it is unlawful to operate any public service without first securing a Certificate of Public Convenience or Certificate of Public Convenience and Necessity from the Commission.
Unlawful acts include providing unsafe or inadequate service, offering unjust or discriminatory rates, refusal to carry public mail when requested, and operating without the required certificate, among others.
Violations can result in fines not exceeding 200 pesos per day, suspension or revocation of certificates, fines up to 25,000 pesos, imprisonment up to five years, or both, depending on the offense.
Hearings and investigations are governed by the Commission's rules, not bound by technical rules of evidence; the Commission can issue subpoenas, compel production of documents, and punish contempt.
Yes, decisions can be reviewed by the Supreme Court which can modify or set aside orders if lacking evidence, contrary to law, or outside jurisdiction. Writs of certiorari or petitions for review can be filed within prescribed periods.
Fees include registration charges for various applications, reimbursement charges based on motor vehicle capacity or capital stock, charges for certification of meters, and fees for certifying copies of official documents.
At least 60% of stock or paid-up capital must belong to citizens of the Philippines or the United States. Transfers reducing this threshold are void and can lead to certificate cancellation.
The Commission can fix and determine rates, classifications, impose service standards, require extensions of facilities, issue or revoke certificates, and regulate safety measures among others.
Ice plants, cold storage plants, public services operated exclusively by the U.S. Government in the Philippines, municipal warehouses, animal-drawn vehicles, aircraft (except rates), Manila Railroad Company until government controlled, and radio companies except for rate fixing.