Law Summary
Composition, Appointment, and Qualifications of the Commission
- A Public Service Commission is established, composed of one Public Service Commissioner and two Assistant Public Service Commissioners.
- All Commissioners must be U.S. or Philippine citizens, residents of the Philippines, members of the Philippine Bar, and at least 30 years old.
- Appointments are made by the Governor-General with the advice and consent of the Philippine Senate.
- Commissioners hold the rank, prerogatives, and privileges comparable to judges of Courts of First Instance and are part of the Judiciary.
- Existing Public Utility Commissioners continue in their roles, renamed accordingly.
Tenure, Powers, and Division of Work
- Commissioners hold office until removal based on specific grounds.
- All powers of the Commission may be exercised by any Commissioner individually or collectively.
- Case assignments are divided equitably among Commissioners, who hear and decide cases assigned.
- Commissioners may convene in joint sessions by majority vote for difficult or important matters.
- The Public Service Commissioner handles administrative business; the next highest ranking Commissioner takes over in their absence.
- Grounds for removal include physical incapacity, misconduct, incompetency, negligence, irregularity, or misdemeanor, under procedures prescribed by the Administrative Code.
Compensation
- The Public Service Commissioner receives an annual salary of 12,000 pesos.
- One Assistant Public Service Commissioner receives 10,000 pesos annually.
- The other Assistant Public Service Commissioner receives 8,000 pesos annually.
- The Secretary of the Commission is paid 4,500 pesos annually.
Office Location, Hearings, and Leave
- The Commission’s office is located in Manila.
- Commissioners may hold hearings anywhere within the Philippines as ordered in writing.
- During May and June, only one Commissioner is on duty while the others are on vacation, rotating every three years.
- Commissioners may remain on duty during vacation if public service interests require.
- Commissioners accrue leave privileges as prescribed to judges of Courts of First Instance.
Jurisdiction, Regulatory Scope, and Definition of Public Service
- The Commission supervises and regulates all public services and their property, rights, equipment, facilities, and franchises as necessary.
- "Public service" encompasses individuals, partnerships, corporations (domestic or foreign), government entities, and others owning or operating for hire common carriers, transportation, utilities, telecommunication systems, and related facilities.
- Net earnings from private businesses attached to common carriers are considered in rate fixing.
- The Commission has no jurisdiction over federally operated ice/cold storage plants for exclusive governmental use or animal-drawn carts/ferries below two tons primarily carrying freight.
Offenses Related to Interference with Commission
- Acts obstruction, rude or disrespectful behavior, or verbal/written insults toward Commissioners during official duties are punishable.
- Convicted offenders face fines up to 1,000 pesos, imprisonment up to six months, or both.
Enforcement of Orders and Penalties for Non-Compliance
- Non-compliance with Commission orders may result in penalties up to 200 pesos per day of continued default.
- Penalties are recoverable by the Government in court.
- Compliance may be enforced by mandamus, injunction, or actions to compel specific performance.
- The Commission is authorized to compromise civil or other actions under this Act in a just and reasonable manner.
Appropriation for Salaries
- An appropriation of 12,000 pesos is authorized for the salaries of the additional Assistant Commissioner, stenographer, and deputy secretary.
Effectivity
- The Act takes effect upon approval.