CA 146 RA 11659 Public service Act 2024 Flashcards
sec 13, s2e, s23, s25
Summarize this law
PS = CcPuEiH or CHEP
The Philippine Public Service Act (Commonwealth Act No. 146), as amended by Republic Act No. 11659, is a legislation that regulates public services in the country. Here are the key points, purpose, and prohibitions:
Key Points:
- Definition of Public Services: The law defines public services broadly, encompassing COMmon CARriers, PUblic utilities, EDUCational institutions, HOSpitals, and other similar entities.
- Public Service Commission: The law establishes the Public Service Commission to regulate and supervise public services. The Commission has the authority to fix just and reasonable rates and charges.
- Prohibition of Discrimination: Public services are prohibited from unjust discrimination, preference, or prejudice in the treatment of individuals or entities.
- Regulation of Rates and Services: The law grants the Public Service Commission the power to regulate rates, services, and facilities of public services to ensure their efficiency, reliability, and accessibility.
- Public Interest Standard: The Commission is mandated to consider public interest in its decisions, promoting the general welfare and ensuring the availability and affordability of public services.
- Issuance of Certificates of Public Convenience: Public services are required to secure certificates of public convenience from the Commission before operating, ensuring compliance with legal and regulatory standards.
Purpose:
The primary purpose of the Public Service Act is to establish a regulatory framework for public services to protect the interests of the public. It aims to ensure the provision of essential services in a manner that is fair, non-discriminatory, and beneficial to the general welfare.
Prohibitions:
- Unjust Discrimination: Public services are prohibited from engaging in unjust discrimination in their operations, ensuring equal treatment for all.
- Undue Preferences: Preferences that are undue or unfair to certain individuals or entities are not allowed.
- Excessive Rates: Charging rates that are deemed excessive and unjust is prohibited.
- Failure to Secure Certificates: Operating without the required certificates of public convenience is against the law.
- Violation of Commission Decisions: Non-compliance with the decisions and regulations of the Public Service Commission is prohibited.
In summary, the Philippine Public Service Act, as amended, sets the regulatory framework for various public services, emphasizing fairness, accessibility, and public welfare. It establishes the Public Service Commission as the regulatory authority with powers to ensure just and reasonable rates, non-discriminatory practices, and overall compliance with the law.
Jurisdiction, Powers, and Duties of the Commission
What is the primary scope of the Commission’s authority according to SEC. 13 of the Public Service Act?
a) Limited to municipal warehouses
b) Exclusively over air crafts
c) General supervision and regulation of all public services
d) Control over animal-drawn vehicles
Answer: c) General supervision and regulation of all public services
Jurisdiction, Powers, and Duties of the Commission
Jurisdiction, Powers, and Duties of the Commission
Which of the following is explicitly excluded from the control and jurisdiction of the Commission under SEC. 13?
a) Ice plants
b) Radio companies
c) Animal-drawn vehicles
d) Municipal warehouses
Answer: d) Municipal warehouses
Jurisdiction, Powers, and Duties of the Commission
In relation to air crafts, what aspect does the Commission have control and supervision over?
a) All operational aspects
b) Maximum passenger and freight rates
c) Safety regulations
d) Ownership and registration
Answer: b) Maximum passenger and freight rates
Jurisdiction, Powers, and Duties of the Commission
According to SEC. 13, what limitation does the Commission have regarding the Manila Railroad Company?
a) Full control and supervision
b) No control until it is government-controlled
c) Exclusive control over rates
d) Direct operational control
Answer: b) No control until the same shall be controlled by the Government of the Philippines
Jurisdiction, Powers, and Duties of the Commission
What does SEC. 13 state regarding the Commission’s control over radio companies or concerns?
a) Full operational control
b) Control over content broadcasting
c) Exclusive control over rates
d) Limited to fixing of rates
Answer: d) Limited to fixing of rates
In the context of the law, what does ‘Critical Infrastructure’ refer to?
a) Any physical structures in the country
b) Public services with minor impact on national security
c) Systems and assets vital to national security
d) Services not declared by the President
Correct Answer: c) Systems and assets vital to national security
Which of the following is NOT a characteristic of Critical Infrastructure according to the law?
a) Physical or virtual systems and assets
b) Incapacity or destruction with no impact on national security
c) Ownership, use, or operation by a public service
d) Determined by the President as vital to the Republic of the Philippines
Correct Answer: b) Incapacity or destruction with no impact on national security
Who has the authority to declare other vital services as Critical Infrastructure?
a) Congress
b) Local government units
c) President of the Philippines
d) Department of Infrastructure
Correct Answer: c) President of the Philippines
What is the significance of systems or assets being vital to the Republic of the Philippines in the definition of Critical Infrastructure?
a) No significance
b) It ensures international recognition
c) It establishes their importance to national security
d) It grants immunity from legal regulations
Correct Answer: c) It establishes their importance to national security
Which sector is explicitly mentioned as part of Critical Infrastructure in the provided definition?
a) Educational services
b) Agriculture and farming
c) Telecommunications
d) Entertainment industry
Correct Answer: c) Telecommunications
summarize the provision under section 3 of RA 11659
Summary:
The provision under RA 11659, SEC. 3, recognizes the transfer of jurisdiction from the Public Service Commission to various administrative agencies.
Any references to the Public Service Commission in Commonwealth Act No. 146, as amended, now pertain to the Administrative Agencies to which the powers and duties of the Public Service Commission were transferred by subsequent laws.
The list of these agencies includes, but is not limited to, entities such as the Civil Aeronautics Board, Department of Energy, Energy Regulatory Commission, Land Transportation Franchising and Regulatory Board, National Telecommunication Commission, and others. This provision clarifies that the powers and duties originally vested in the Public Service Commission are now distributed among these named administrative agencies.
Penalties
What is the subject matter of RA 11659 SEC. 25?
a) Recognition of Administrative Agencies
b) Control and Jurisdiction over Ships
c) Penalties for Neglect or Failure to Comply
d) Transfer of Powers to Public Service Commission
Correct Answer: c) Penalties for Neglect or Failure to Comply
Penalties
What is the maximum fine that can be imposed according to RA 11659 SEC. 25?
a) P500
b) P1,000
c) P1,500
d) P2,000
Correct Answer: d) P2,000
Penalties
Who can be held liable under RA 11659 SEC. 25?
a) Only officers of public service corporations
b) Any person, including officers, agents, and employees
c) Only those who directly cause neglect or failure
d) Government officials related to public services
Correct Answer: b) Any person, including officers, agents, and employees
