An Act amending and repealing some of the provisions of chapter Twenty-seven of act numbered Twenty-seven hundred eleven commonly known as the Administrative Code of nineteen hundred and se
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An Act amending and repealing some of the provisions of chapter Twenty-seven of act numbered Twenty-seven hundred eleven commonly known as the Administrative Code of nineteen hundred and se
Commonwealth Act No. 146
November 13, 1936
Case Overview and Summary
Summary of Commonwealth Act No. 146 (The Public Service Law):Creation and Organization of the Public Service Commission
- Creates the Public Service Commission under the Department of Justice, composed of one Commissioner and five Associate Commissioners. (Section 2)
- Qualifications and appointment process for the Commissioners. (Section 2)
- Terms of office, retirement benefits, and provisions for vacancies. (Section 3)
- Organizational structure, quorum requirements, and division of cases. (Section 3)
- Compensation and staff of the Commission. (Section 4)
- Rights, privileges, and expenses of Commissioners and staff. (Section 5)
- Appointment of subordinate officers and employees. (Section 6)
Jurisdiction, Powers, and Duties of the Commission
- Jurisdiction over all public services and their franchises, equipment, and properties. (Section 13)
- Definition of "public service" and "person". (Section 13)
- Exemptions from the Commission's jurisdiction. (Section 14)
- Requirement for public services to obtain a certificate of public convenience or necessity. (Section 15)
- Powers of the Commission upon notice and hearing, including: (Section 16)
- Issuing certificates of public convenience or necessity.
- Approving franchises granted by political subdivisions.
- Fixing rates, tolls, charges, classifications, and schedules.
- Setting standards, regulations, and practices for public services.
- Compelling adequate and proper service.
- Requiring extensions of facilities and services.
- Authorizing railroad and street railway crossings.
- Fixing depreciation rates and requiring depreciation accounts.
- Amending, modifying, or revoking certificates.
- Suspending or revoking certificates for violations.
- Regulating types of vehicles and registration fees.
- Powers of the Commission without previous hearing, including: (Section 17)
- Investigating matters concerning public services.
- Requiring compliance with standards, rules, and regulations.
- Appraising and valuing property of public services.
- Examining and testing measuring appliances.
- Permitting changes in gauge or special trips.
- Requiring uniform accounting systems and annual reports.
Regulations and Prohibitions for Operators of Public Services
- Prohibition on operating without a certificate of public convenience or necessity. (Section 18)
- Unlawful acts for public services, including: (Section 19)
- Providing unsafe, improper, or inadequate service.
- Granting undue preferences or discriminating against any person or locality.
- Refusing to carry public mail.
- Acts requiring approval of the Commission, including: (Section 20)
- Adopting rates, tolls, charges, classifications, or itineraries.
- Establishing, constructing, or extending facilities.
- Abandoning stations or changing time tables.
- Laying railroad or street railway tracks across highways or other tracks.
- Issuing stocks, bonds, or other evidences of indebtedness.
- Capitalizing franchises or consolidations.
- Selling, alienating, mortgaging, or leasing property or franchises.
- Transferring more than 40% of capital stock.
- Transferring capital stock to aliens resulting in less than 60% Filipino ownership.
- Issuing free tickets or passes, except for specified persons.
- Adopting practices, measures, rules, or regulations affecting the public.
Penalties for Violations
- Fines for violating orders, decisions, or regulations of the Commission. (Section 21)
- Enforcement through mandamus, injunction, or specific performance. (Section 22)
- Criminal penalties for public service corporations and individuals violating the Act. (Sections 23-26)
- Prescription periods for violations. (Section 28)
Procedure and Review
- Rules governing hearings and investigations, including contempt powers. (Section 29)
- Issuance of subpoenas and taking of depositions. (Sections 30-32)
- Service of orders and effective dates. (Section 33)
- Petitions for reconsideration of orders. (Section 34)
- Review of orders by the Supreme Court. (Sections 35-37)
- Representation of the Commission in judicial proceedings. (Section 38)
- Creation of the Office of the People's Counsel. (Section 38)
Fees
- Fees for registration of applications, certificates, permits, and other services. (Section 40)
- Annual fees for supervision and regulation of public services. (Section 40)
General and Transitory Provisions
- Substantial compliance with requirements is sufficient. (Section 41)
- Certified copies of documents as evidence. (Section 42)
- Succession of the new Commission and appropriations. (Sections 43-44)
- Separability clause. (Section 45)
- Repealing clause and effectivity. (Sections 46-47)
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An Act amending and repealing some of the provisions of chapter Twenty-seven of act numbered Twenty-seven hundred eleven commonly known as the Administrative Code of nineteen hundred and se
Commonwealth Act No. 146
•November 13, 1936
COMMONWEALTH ACT No. 146
THE PUBLIC SERVICE LAW
(As amended, and as modified particularly by PD No. 1, Integrated Reorganization Plan and EO 546)
CHAPTER IORGANIZATION
Section 1. This Act shall be known as the "Public Service Act."
Section 2. There is created under the Department of Justice a commission which shall be designated and known as the Public Service Commission, composed of one Public Service Commissioner and five Associate Commissioners, and which shall be vested with the powers and duties hereafter specified. Whenever the word "Commission" is used in this Act, it shall be held to mean the Public Service Commission, and whenever the word "Commissioner" is used in this Act it shall be held to mean the Public Service Commissioner or anyone of the Associate Commissioners. The Public Service Commissioner and the Associate Public Service Commissioners shall be natural born citizens and residents of the Philippines, not under thirty years of age; members of the Bar of the Philippines, with at least five years of law practice or five years of employment in...
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