Title
Amend PSC Composition, Create People's Counsel
Law
Republic Act No. 178
Decision Date
Jun 21, 1947
Republic Act No. 178 amends the Public Service Act to increase the number of commissioners in the Public Service Commission and create the Office of the People's Counsel, with the purpose of enhancing the regulation and representation of public services in the Philippines.

Law Summary

Terms, Succession, and Quorum

  • Commissioners serve until age 70 or removal under the Revised Administrative Code.
  • In absence of the Public Service Commissioner, the senior Associate Commissioner acts as Commissioner.
  • The Secretary of Justice may temporarily designate judges to sit as Commissioners if needed.
  • Powers vested in the Commission may be exercised individually or jointly.
  • Commissioners divide pending and new cases among themselves.
  • All contested cases, rate-fixing cases, and petitions for reconsideration must be heard en banc by all Commissioners.
  • At least two affirmative votes are required to make decisions or non-interlocutory orders en banc.
  • The Commission may delegate evidentiary reception in certain cases to a single Commissioner who reports to the Commission.

Compensation of Commissioners

  • The Public Service Commissioner earns an annual salary of 11,000 pesos.
  • Each Associate Commissioner earns 10,000 pesos annually.

Administrative Structure and Supervision

  • The Secretary of Justice appoints the Commission’s secretary and other personnel upon recommendation by the Public Service Commissioner.
  • The Public Service Commissioner has executive control and supervises the Commission’s work and administrative affairs.

Office Location and Hearing Procedures

  • The Commission’s office is located in Manila.
  • Hearings may be held anywhere in the Philippines as designated by written order.
  • During April and May each year, one Commissioner remains on duty while the other two take vacation on a rotating basis.
  • The Secretary of Justice may require Commissioners on vacation to perform duties if necessary.

Legal Representation and People’s Counsel Office

  • The legal division chief or other Commission attorney represents the Commission in judicial proceedings.
  • The Solicitor General can represent the Commission if requested.
  • A People's Counsel office is created under the Secretary of Justice’s supervision.
  • The People’s Counsel, with two assistants and other employees, are appointed by the President with the Commission on Appointments’ consent; employees are appointed by the Secretary of Justice.
  • People’s Counsel and assistants must have qualifications equivalent to a provincial fiscal.
  • Compensation rates: People’s Counsel at 7,200 pesos/year; assistants at 6,000 pesos/year each.
  • They must not have financial interests or managerial roles in any public service.

Duties and Powers of the People’s Counsel

  • Institute proceedings before the Commission to fix just and reasonable rates or charges for public services.
  • Represent the public and petitioners in cases involving public service rates and services before the Commission and courts.
  • Investigate services, rates, property valuations, and related matters affecting public service users’ interests.
  • Issue subpoenas and subpoena duces tecum as necessary.
  • Request assistance from any government department or agency to perform duties.

Terminology and Appropriations

  • The term "Deputy Commissioner" in the original Act is amended to "Associate Commissioners."
  • An appropriation of 80,000 pesos is allocated to implement the Act.
  • Unexpended funds by June 30, 1948, revert to the National Treasury unless re-appropriated.

Repeal and Effectivity

  • All inconsistent laws or parts are repealed.
  • The Act takes effect immediately upon approval on June 21, 1947.

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