Preliminary Considerations Flashcards
Luzon Stevedoring v. Public Service Commission
The Public Service Law was enacted not only to protect the public against unreasonable charges and poor, inefficient services, but also to prevent ruinous competition.
Is main purpose in bringing under the jurisdiction of the Public Service Commission, motor vehicles, other means of transportation, ice plants, etc. which cater to a limited portion of the public under private agreements. To the extent that such agreements may tend to wreck or impair the financial stability and efficiency of public utilities who do offer service to the public in general, they are affected with public interest and come within police power of the state regulation..
Ownership of Facilities; Tatad v. Garcia, Jr.
The limit imposed by the Constitution of foreign equity applies only to the operation of a public utility and not to ownership of the facilities.
Mere ownser and lessor of the facilities used by a public utility is not a public utility.
Non-Delagation; Kilusang Mayo Uno Labor Center v. Hon. Jesus Garcia
The power to fix the rates of public utilities is a power that has been delegated to the regulatory administrative agencies. As such it cannot be further delegated by said administrative agencies.
As it was already delegated to them by the legislative to adapt increasing complexity of modern life. They cannot further delegate as it was tantamount to undue delegation; Potestas delegata non delegari potest… because delegated power is not just a right but also a duty and such delegation amount to abandonment of such duty.
Granting of administrative franchise; Philippine Airline v. Civil Aeronautics Board
Congress has granted certain administrative agencies the power to grant licenses for, or authorize the operation of certain public utilities for, or to authorize the operation of certain public utilities.
It has been held that privileges conferred by grant by local authorities as agents for the state constitute as much a legislative franchise as though the grant had bee made by an act of the legislature.
Franchise v. Certificate of Public Convenience; Radio Communication of the Phils. v. National Telecommunications Commission
A FRANCHISE is a grant or privilege from the sovereign power, while the later is a form of regulation through the administrative agencies.
Nature of Certificate of Public Convenience; Cogeo-Cubao Operators and Drivers Assoc. v. CA
Insofar as the interest of the State is involved, a CPC does not confer upon hte holder any proprietary right or interest or franchise in the route covered thereby and in the public highway.
However, with respect to other persons and other public utilities, a CPC, as property, which represents the right and authority to operate it facilities for public service, cannot be taken or interfered with without due process of law. Appropriate actions may be maintained in courts who have not been authorized to operate in competition with the former and those who invade the right which the former has pursuant to the authority granted by the Public Service Commission.
When revocation is unjustified; Manzanal v. Ausejo
Cancellation of the certificate of authority cannot be justified by the mere fact that the taxicab was used by escaping hold-uppers. There was no evidence that the driver was co-conspirator in the commission of the robbery and it is possible that the driver did not act voluntarily.
In addition, even if the the driver was culpable, the operator-employer cannot be made to suffer and the certificate of public convenience cannot be cancelled .
Vicarious liability cannot be invoked because the proceeding for cancellation is netiher a criminal prosecution nor an action for quasi-delict. There is no ground to hold the operator liable for the driver’s act.
Ferry; San Pablo v. Pantranco
“Ferry” is often employed to denote the right or franchise granted by the state or its authorized mandatories to contribute to continue by means of boats, an interrupted land highway over the interrupting waters and to charge toll for the use thereof by the public.
Over streams or lakes; short distance.
In the case of international transport whose laws should apply? (Art. 1753)
The law of the country to which the goods are to be transported shall govern the liability of the common carrier for their loss,destruction or deterioration.
