Title
Amend Public Utility Commission Act
Law
Act No. 3316
Decision Date
Dec 4, 1926
"Amendment of Act No. 3108" is a Philippine Jurisprudence case that introduces Act No. 3316, which replaces the name "Public Utility Commission" with "Public Service Commission" and establishes the composition, powers, and duties of the Commission, as well as its jurisdiction and control over public services, penalties for obstruction or disrespect, and enforcement of its orders.

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.

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