Title
Public Utility Commission Creation and Powers
Law
Act No. 3108
Decision Date
Mar 19, 1923
The Philippine Jurisprudence case explores the creation and powers of the Public Utility Commission, which regulates and supervises all public utilities in the country, including transportation, communication, and energy services, and establishes regulations and requirements for their operation.
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Terms, Powers, and Removal

  • Both Commissioners hold office until removal for cause.
  • The Assistant Commissioner acts on matters delegated or in absence of the Commissioner.
  • Powers vested equally in both Commissioners.
  • Removal only for physical incapacity, misconduct, incompetency, negligence, irregularity, or misdemeanor with Senate approval.

Compensation and Civil Service Status

  • Annual salaries fixed: twelve thousand pesos for the Commissioner, ten thousand pesos for the Assistant.
  • Officers and employees enjoy classified civil service privileges.
  • Traveling expenses reimbursed for official business.

Staff and Administrative Support

  • Appointment of secretary, auditors, engineers, inspectors, and other necessary employees with duties and salaries fixed by the Commissioner with Council of State approval.
  • Secretary serves as the official reporter of proceedings.

Publication and Equipment

  • Publication of Commission's findings and decisions as "Reports of the Public Utility Commission of the Philippine Islands".
  • Authorized to purchase necessary office equipment and supplies with Emergency Board approval.

Conflict of Interest Restrictions

  • Members and employees prohibited from holding stock or official relations with any public utility or other government office of profit or trust.

Location and Procedures

  • Commission's office located in Manila.
  • Authority to hold hearings anywhere in the Philippines.
  • Power to make governing rules and adopt a common seal.

Annual Reporting

  • Required annual report to the Secretary of Justice, to be submitted to the Legislature.

Jurisdiction and Definition of Public Utilities

  • General supervision and control over all public utilities and their assets.
  • Defines "public utility" broadly to include carriers, railroads, vessels, warehouses, utilities supplying gas, electric, water, telegraph, telephone, and similar services.
  • Exceptions: no jurisdiction over Manila Railroad Company rates or Federal government exclusive utilities.

Powers of the Commission

  • Conduct investigations and appraisals;
  • Fix just and reasonable rates and charges after hearing;
  • Require filing of rate schedules and route itineraries;
  • Prescribe standards, classifications, measurements, and regulations for service quality and metering accuracy;
  • Inspect facilities and premises;
  • Fix testing fees and handle disputes on equipment accuracy;
  • Order railroads/street railways to establish junctions or connections as necessary;
  • Approve gauge changes for street railway or traction companies.

Duties and Regulatory Powers

  • Enforce compliance with laws, local ordinances, and charters.
  • Require safe, adequate service and maintenance.
  • Authorize extensions and construction conditional on business and financial feasibility.
  • Mandate uniform accounting systems and detailed annual financial reports.
  • Require proper depreciation accounting and establishment of depreciation funds.
  • Investigate accidents and order corrective measures.
  • Control changes in rates or classifications, requiring prior notice and permitting suspension pending review.
  • Mandate Certificates of Public Convenience for operation; mandatory for existing and new utilities.

Prohibitions and Restrictions on Public Utilities

  • Prohibition of unjust, unreasonable, discriminatory, or preferential rates.
  • Ban on unjust classifications, unfair practices, and refusal of reasonably demanded service.
  • Prohibit unauthorized discounts, rebates, or preferences.
  • Restriction on issuing stock/bonds without Commission approval.
  • Prohibition on capitalizing franchises beyond government payment.
  • Ban on issuance of free passes/tickets except specific exempted persons.
  • Prohibit sale, lease, merger, or encumbrance of property/franchises without Commission approval, with exceptions for minor transactions.
  • Stock transfers requiring Commission approval, especially those granting majority control.

Operational Restrictions

  • Railroads may not abandon stations or change service schedules without approval.
  • Prohibition on new grade crossings without Commission permission.
  • Authority to require safety devices at crossings.

Administrative Transparency

  • Requirement for public utilities to file detailed statements of officers’ powers and duties.

Franchise and Privilege Approval

  • No franchise granted by political subdivisions valid without Commission approval.
  • Commission may impose conditions when approving franchises.
  • Certification of public necessity required before legislative franchise petitions.

Hearings and Evidence

  • Rules governing hearings.
  • Power to issue subpoenas and compel production of documents.
  • Aid of courts in enforcing subpoenas.
  • Power to administer oaths and punish perjury.
  • Witness fees stipulated.
  • Penalties for refusal to comply or obstruction.
  • Expenses of investigation may be charged to offending utilities.

Depositions and Testimony

  • May order depositions of witnesses inside or outside the Philippines.
  • Compelled testimony with exception against self-incrimination.
  • Confidentiality for Commission employees in civil suits.

Fees and Revenues

  • Prescribed filing and certification fees varying by type and size of public utility.
  • Fees paid into Insular Treasury.
  • Commission-certified copies admissible as evidence in court.

Review and Appeals

  • Commission may order rehearings and modify or revoke its orders.
  • Appeals to Supreme Court allowed within 30 days.
  • Supreme Court review based on evidence and jurisdiction.
  • Hearing records certified to Supreme Court.
  • Stay of Commission orders may be granted by the Supreme Court.

Enforcement and Penalties

  • Noncompliance penalties up to two hundred pesos per day.
  • Penalties for wilful violations include fines and imprisonment.
  • Corporate fines up to twenty-five thousand pesos.
  • Injunctions and mandamus available.

Relations With Courts and Government

  • Preference given to Commission-related cases in courts.
  • Attorney-General charged with representing Commission in judicial proceedings and intervention.

Organizational Transfers and Continuity

  • Authority to transfer relevant government bureaus to Commission control.
  • Supervision of provincial/municipal plants subject to Commission authority.
  • Provision ensuring severability of invalid provisions.
  • Repeals previous inconsistent Acts.
  • Commission inherits duties, records, and properties from predecessor commission.
  • Appropriation of funds for Commission operations provided.
  • Act effective upon approval.

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