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Public Service Act (Commonwealth Act No. 146)
11-07-1936
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 I ORGANIZATION
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 the government service requiring a lawyer's
diploma; and shall be appointed by the President of the Philippines, with
the consent of the Commission on Appointments of the Congress of the Philippines:
Provided, however, That the present Commissioner and the personnel of
the Commission shall continue in office without the necessity of re-appointment.
The Commissioners shall have the rank and privilege of retirement of Judges
of the Courts of First Instance. (As amended by Republic Act Nos. 178
and 2677)
SECTION 3. The Commissioner and Associate Commissioners shall hold office
until they reach the age of seventy years, or until removed in accordance
with the procedures prescribed in section one hundred and seventy-three
of Act Numbered Twenty-seven hundred and eleven, known as the Revised
Administrative Code: Provided, however, That upon retirement any Commissioner
of Associate Commissioner shall be entitled to all retirement benefits
and privileges for Judges of the Courts of First Instance or under the
retirement law to which he may be entitled on the date of his retirement.
In case of the absence, for any reason, of the Public Service Commissioner,
the Associate Commissioner with seniority of appointment shall act as
Commissioner. If on account of absence, illness, or incapacity of any
of three Commissioners, or whenever by reason of temporary disability
of any Commissioner or of a vacancy occurring therein, the requisite number
of Commissioners necessary to render a decision or issue an order in any
case is not present, or in the event of a tie vote among the Commissioners,
the Secretary of Justice may designate such number of Judges of the Courts
of First Instance, or such number of attorneys of the legal division of
the Commission, as may be necessary to sit temporarily as Commissioners
in the Public Service Commission.
The Public Service Commission shall sit individually or as a body en
banc or in two divisions of three Commissioners each. The Public Service
Commissioner shall preside when the Commission sits en banc and in one
division. In the other division, the Associate Commissioner with seniority
of appointment in that division shall preside. Five Commissioners shall
constitute a quorum for sessions en banc and two Commissioners shall constitute
a quorum for the sessions of a division. In the absence of a quorum, the
session shall be adjourned until the requisite number is present.
All the powers herein vested upon the Commission shall be considered
vested upon any of the Commissioners, acting either individually or jointly
as hereinafter provided. The Commissioners shall equitably divide among
themselves all pending cases and those that may hereafter be submitted
to the Commissioner, in such manner and form as they may determine, and
shall proceed to hear and determine the case assigned to each or to their
respective divisions, or to the Commission en banc as follows: uncontested
cases, except those pertaining to the fixing of rates, shall be decided
by one Commissioner; contested cases and all cases involving the fixing
of rates shall be decided by the Commission in division and the concurrence
of at least two Commissioners in the division shall be necessary for the
promulgation of a decision or non-interlocutory order in these cases:
Provided, however, That any motion for reconsideration of a decision or
non-interlocutory order of any Commissioner or division shall be heard
directly by the Commission en banc and the concurrence of at least four
Commissioners shall be necessary for the promulgation of a final decision
or order resolving such motion for reconsideration. (As amended by Republic
Act Nos. 723 and 2677)
SECTION 4. The Public Service Commissioner shall receive an annual compensation
of thirteen thousand pesos; and each of the Associate Commissioners an
annual compensation of twelve thousand pesos. The Commissioners shall
be assisted by one chief attorney, one finance and rate regulation officer,
one chief utilities regulation engineer, one chief accountant, one transportation
regulation chief, one secretary of the Public Service Commission, and
three public utilities advisers who shall receive an annual compensation
of not less than ten thousand eight hundred pesos each; five assistant
chiefs of division who shall receive an annual compensation of not less
than nine thousand six hundred pesos each; twelve attorneys who shall
receive an annual compensation of not less than nine thousand pesos each;
and a technical and confidential staff to be composed of two certified
public accounts, two electrical engineers, two mechanical or communication
engineers, and two special assistants who shall receive an annual compensation
of not less than seven thousand two hundred pesos each. (As amended by
Republic Act Nos. 723, 2677 and 3792)
SECTION 5. The Public Service Commissioner, the Associate Public Service
Commissioners, and all other officers and employees of the Public Service
Commission shall enjoy the same privileges and rights as the officer and
employees of the classified civil service of the Government of the Philippines.
They shall also be entitled to receive from the Government of the Philippines
their necessary travelling expenses while travelling on the business of
the Commission, which shall be paid on proper voucher therefor, approved
by the Secretary of Justice, out of funds appropriated for the contingent
expenses of the Commission.
When the exigency of the service so requires and with the approval of
the Secretary of Justice, and subject to the provisions of Commonwealth
Act Numbered Two hundred forty-six, as amended, funds may be set aside
from the appropriations provided for the Commission and/or from the fees
collected under Section forty of this Act to defray the expenses to be
incurred by the Public Service Commissioner or any of the Associate Commissioners,
officers or employees of the Commission to be designated by the Commissioner,
with the approval of the Secretary of Justice, in the study of modern
trends in supervision and regulation of public services. (As amended by
Republic Act No. 3792)
SECTION 6. The Secretary of Justice, upon recommendation of the Public
Service Commissioner, shall appoint all subordinate officers and employees
of the Commission as may be provided in the Appropriation Act. The Public
Service Commissioner shall have general executive control, direction,
and supervision over the work of the Commission and of its members, body
and personnel, and over all administrative business. (As amended by Republic
Act Nos. 178 and 3792)
SECTION 7. The Secretary of the Commission, under the direction of the
Commissioner, shall have charge of the administrative business of the
Commission and shall perform such other duties as may be required of him.
He shall be the recorder and official reporter of the proceedings of the
Commission and shall have authority to administer oaths in all matters
coming under the jurisdiction of the Commission. He shall be the custodian
of the records, maps, profiles, tariffs, itineraries, reports, and any
other documents and papers filed with the Commission or entrusted to his
care and shall be responsible therefor to the Commission. He shall have
authority to designate from time to time any of his delegates to perform
the duties of Deputy Secretary with any of the Commissioners.
SECTION 8. The Commission shall furnish the Secretary such of its findings
and decisions as in its judgment may be of general public interest; the
Secretary shall compile the same for the purpose of publication in a series
of volumes to be designated "Reports of the Public Service Commission
of the Philippines," which shall be published in such form and manner
as may be best adapted for public information and use, and such authorized
publications shall be competent evidence of the reports and decisions
of the Commission therein contained without any further proof or authentication
thereof.
SECTION 9. No member or employee of the Commission shall have any official
or professional relation with any public service as herein defined, or
hold any office of profit or trust with the Government of the Philippines.
SECTION 10. The Commission shall have its office in the City of Manila
or at such other place as may be designated, and may hold hearings on
any proceedings at such times and places, within the Philippines, as it
may provide by order in writing: Provided, That during the months of April
and May of each year, at least three Commissioners shall be on vacation
in such manner that once every two years at least three of them shall
be on duty during April and May: Provided, however, That in the interest
of public service, the Secretary of Justice may require any or all the
Commissioners not on duty to render services and perform their duties
during the vacation months. (As amended by Republic Act Nos. 176 and 3792)
SECTION 11. The Commission shall have the power to make needful rules
for its Government and other proceedings not inconsistent with this Act
and shall adopt a common seal, and judicial notice shall be taken for
such seal. True copies of said rules and other amendments shall be promptly
furnished to the Bureau of Printing and shall be forthwith published in
the Official Gazette.
CHAPTER II JURISDICTION, POWERS AND DUTIES OF THE COMMISSION
SECTION 13.
- The Commission shall have jurisdiction, supervision, and control over
all public services and their franchises, equipment, and other properties,
and in the exercise of its authority, it shall have the necessary powers
and the aid of the public force: Provided, That public services owned
or operated by government entities or government-owned or controlled
corporations shall be regulated by the Commission in the same way as
privately-owned public services, but certificates of public convenience
or certificates of public convenience and necessity shall not be required
of such entities or corporations: And provided, further, That it shall
have no authority to require steamboats, motor ships and steamship lines,
whether privately-owned, or owned or operated by any Government controlled
corporation or instrumentality to obtain certificate of public convenience
or to prescribe their definite routes or lines of service.
- The term "public service" includes every person that now
or hereafter may own, operate, manage, or control in the Philippines,
for hire or compensation, with general or limited clientele, whether
permanent, occasional or accidental, and done for general business purposes,
any common carrier, railroad, street railway, traction railway, sub-way
motor vehicle, either for freight or passenger, or both with or without
fixed route and whether may be its classification, freight or carrier
service of any class, express service, steamboat or steamship line,
pontines, ferries, and water craft, engaged in the transportation of
passengers or freight or both, shipyard, marine railways, marine repair
shop, [warehouse] wharf or dock, ice plant, ice-refrigeration plant,
canal, irrigation system, gas, electric light, heat and power water
supply and power, petroleum, sewerage system, wire or wireless communications
system, wire or wireless broadcasting stations and other similar public
services: Provided, however, That a person engaged in agriculture, not
otherwise a public service, who owns a motor vehicle and uses it personally
and/or enters into a special contract whereby said motor vehicle is
offered for hire or compensation to a third party or third parties engaged
in agriculture, not itself or themselves a public service, for operation
by the latter for a limited time and for a specific purpose directly
connected with the cultivation of his or their farm, the transportation,
processing, and marketing of agricultural products of such third party
or third parties shall not be considered as operating a public service
for the purposes of this Act.
- The word "person" includes every individual, co-partnership,
joint-stock company or corporation, whether domestic or foreign, their
lessees, trustees, or receivers, as well as any municipality, province,
city, government-owned or controlled corporation, or agency of the Government
of the Philippines, and whatever other persons or entities that may
own or possess or operate public services. (As amended by Com. Act 454
and RA No. 2677)
SECTION 14. The following are exempted from the provisions of the preceding
section:
- Warehouses;
- Vehicles drawn by animals and bancas moved by oar or sail, and tugboats
and lighters;
- Airships within the Philippines except as regards the fixing of their
maximum rates on freight and passengers;
- Radio companies except with respect to the fixing of rates;
- Public services owned or operated by any instrumentality of the National
Government or by any government-owned or controlled corporation, except
with respect to the fixing of rates. (As amended by Com. Act 454, RA
No. 2031, and RA No. 2677 )
SECTION 15. With the exception of those enumerated in the preceding section,
no public service shall operate in the Philippines without possessing
a valid and subsisting certificate from the Public Service Commission
known as "certificate of public convenience," or "certificate
of public convenience and necessity," as the case may be, to the
effect that the operation of said service and the authorization to do
business will promote the public interests in a proper and suitable manner.
The Commission may prescribe as a condition for the issuance of the
certificate provided in the preceding paragraph that the service can be
acquired by the Republic of the Philippines or any instrumentality thereof
upon payment of the cost price of its useful equipment, less reasonable
depreciation; and likewise, that the certificate shall be valid only for
a definite period of time; and that the violation of any of these conditions
shall produce the immediate cancellation of the certificate without the
necessity of any express action on the part of the Commission.
In estimating the depreciation, the effect of the use of the equipment,
its actual condition, the age of the model, or other circumstances affecting
its value in the market shall be taken into consideration.
The foregoing is likewise applicable to any extension or amendment of
certificates actually in force and to those which may hereafter be issued,
to permit to modify itineraries and time schedules of public services,
and to authorizations to renew and increase equipment and properties.
SECTION 16. Proceedings of the Commission, upon notice and hearing. -
The Commission shall have power, upon proper notice and hearing in accordance
with the rules and provisions of this Act, subject to the limitations
and exceptions mentioned and saving provisions to the contrary :
- To issue certificates which shall be known as certificates of public
convenience, authorizing the operation of public service within the
Philippines whenever the Commission finds that the operation of the
public service proposed and the authorization to do business will promote
the public interest in a proper and suitable manner. Provided, That
thereafter, certificates of public convenience and certificates of public
convenience and necessity will be granted only to citizens of the Philippines
or of the United States or to corporations, co-partnerships, associations
or joint-stock companies constituted and organized under the laws of
the Philippines; Provided, That sixty per centum of the stock or paid-up
capital of any such corporations, co-partnership, association or joint-stock
company must belong entirely to citizens of the Philippines or of the
United States: Provided, further, That no such certificates shall be
issued for a period of more than fifty years.
- To approve, subject to constitutional limitations any franchise or
privilege granted under the provisions of Act No. Six Hundred and Sixty-seven,
as amended by Act No. One Thousand and twenty-two, by any political
subdivision of the Philippines when, in the judgment of the Commission,
such franchise or privilege will properly conserve the public interests,
and the Commission shall in so approving impose such conditions as to
construction, equipment, maintenance, service, or operation as the public
interests and convenience may reasonably require, and to issue certificates
of public convenience and necessity when such is required or provided
by any law or franchise.
- To fix and determine individual or joint rates, tolls,
- charges, classifications, or schedules thereof, as well as commutation,
mileage, kilometrage, and other special rates which shall be imposed
observed and followed thereafter by any public service: Provided, That
the Commission may, in its discretion, approve rates proposed by public
services provisionally and without necessity of any hearing; but it
shall call a hearing thereon within thirty days, thereafter, upon publication
and notice to the concerns operating in the territory affected: Provided,
further, That in case the public service equipment of an operator is
used principally or secondarily for the promotion of a private business,
the net profits of said private business shall be considered in relation
with the public service of such operator for the purpose of fixing the
rates.
- To fix just and reasonable standards, classifications, regulations,
practices, measurement, or service to be furnished, imposed, observed,
and followed thereafter by any public service.
- To ascertain and fix adequate and serviceable standards for the measurement
of quantity, quality, pressure, initial voltage, or other condition
pertaining to the supply of the product or service rendered by any public
service, and to prescribe reasonable regulations for the examination
and test of such product or service and for the measurement thereof.
- To establish reasonable rules, regulations, instructions, specifications,
and standards, to secure the accuracy of all meters and appliances for
measurements.
- To compel any public service to furnish safe, adequate, and proper
service as regards the manner of furnishing the same as well as the
maintenance of the necessary material and equipment.
- To require any public service to establish, construct, maintain, and
operate any reasonable extension of its existing facilities, where in
the judgment of said Commission, such extension is reasonable and practicable
and will furnish sufficient business to justify the construction and
maintenance of the same and when the financial condition of the said
public service reasonably warrants the original expenditure required
in making and operating such extension.
- To direct any railroad, street railway or traction company to establish
and maintain at any junction or point of connection or intersection
with any other line of said road or track, or with any other line of
any other railroad, street railway or traction to promote, such just
and reasonable connection as shall be necessary to promote the convenience
of shippers of property, or of passengers, and in like manner direct
any railroad, street railway, or traction company engaged in carrying
merchandise, to construct, maintain and operate, upon reasonable terms,
a switch connection with any private sidetrack which may be constructed
by any shipper to connect with the railroad, street railway or traction
company line where, in the judgment of the Commission, such connection
is reasonable and practicable and can be out in with safety and will
furnish sufficient business to justify the construction and maintenance
of the same.
- To authorize, in its discretion, any railroad, street railway or traction
company to lay its tracks across the tracks of any other railroad, street
railway or traction company or across any public highway.
(k) To direct any railroad or street railway company to install
such safety devices or about such other reasonable measures as may
in the judgment of the Commission be necessary for the protection
of the public are passing grade crossing of (1) public highways and
railroads, (2) public highways and streets railway, or (3) railways
and street railways.
- To fix and determine proper and adequate rates of depreciation of
the property of any public service which will be observed in a proper
and adequate depreciation account to be carried for the protection of
stockholders, bondholders or creditors in accordance with such rules,
regulations, and form of account as the Commission may prescribe. Said
rates shall be sufficient to provide the amounts required over and above
the expense of maintenance to keep such property in a state of efficiency
corresponding to the progress of the industry. Each public service shall
conform its depreciation accounts to the rates so determined and fixed,
and shall set aside the moneys so provided for out of its earnings and
carry the same in a depreciation fund. The income from investments of
money in such fund shall likewise be carried in such fund. This fund
shall not be expended otherwise than for depreciation, improvements,
new construction, extensions or conditions to the properly of such public
service.
- To amend, modify or revoke at any time certificate issued under the
provisions of this Act, whenever the facts and circumstances on the
strength of which said certificate was issued have been misrepresented
or materially changed.
- To suspend or revoke any certificate issued under the provisions of
this Act whenever the holder thereof has violated or willfully and contumaciously
refused to comply with any order rule or regulation of the Commission
or any provision of this Act: Provided, That the Commission, for good
cause, may prior to the hearing suspend for a period not to exceed thirty
days any certificate or the exercise of any right or authority issued
or granted under this Act by order of the Commission, whenever such
step shall in the judgment of the Commission be necessary to avoid serious
and irreparable damage or inconvenience to the public or to private
interests.
- To fix, determine, and regulate, as the convenience of the state may
require, a special type for auto-busses, trucks, and motor trucks to
be hereafter constructed, purchased, and operated by operators after
the approval of this Act; to fix and determine a special registration
fee for auto-buses, trucks, and motor trucks so constructed, purchased
and operated: Provided, That said fees shall be smaller than more those
charged for auto-busses, trucks, and motor trucks of types not made
regulation under the subsection.
SECTION 17. Proceedings of Commission without previous hearing. - The
Commission shall have power without previous hearing, subject to established
limitations and exception and saving provisions to the contrary:
- To investigate, upon its own initiative, or upon complaint in writing,
any matter concerning any public service as regards matters under its
jurisdiction; to require any public service to furnish safe, adequate,
and proper service as the public interest may require and warrant; to
enforce compliance with any standard, rule, regulation, order or other
requirement of this Act or of the Commission, and to prohibit or prevent
any public service as herein defined from operating without having first
secured a certificate of public convenience or public necessity and
convenience, as the case may be and require existing public services
to pay the fees provided for in this Act for the issuance of the proper
certificate of public convenience or certificate of public necessity
and convenience, as the case may be, under the penalty, in the discretion
by the Commission, of the revocation and cancellation of any acquired
rights.
- To require any public service to pay the actual expenses incurred
by the Commission in any investigation if it shall be found in the same
that any rate, tool, charge, schedule, regulation, practice, act or
service thereof is in violation of any provision of this Act or any
certificate, order, rule, regulation or requirement issued or established
by the Commission. The Commission may also assess against any public
service costs not to exceed twenty-five pesos with reference to such
investigation.
- From time to time appraise and value the property of any public service,
whenever in the judgment of the Commission it shall be necessary so
to do, for the purpose of carrying out any of the provisions of this
Act, and in making such valuation the Commission may have access to
and use any books, documents, or records in the possession of any department,
bureau, office, or board of the government of the Philippines or any
political subdivision thereof.
- To provide, on motion by or at the request of any consumer or user
of a public service, for the examination and test of any appliance used
for the measuring of any product or service of a public service, and
for that purpose, by its agents, experts, or examiners to enter upon
any premises where said appliances may be, and other premises of the
public service, for the purpose of setting up and using on said premises
any apparatus necessary therefor. and to fix the fees to be paid by
any consumer or user who may apply to the Commission for such examination
or test to be made, and if the appliance be found defective or incorrect
to the disadvantage of the consumer or user to require the fees paid
to be refunded to the consumer or user by the public service concerned.
- To permit any street railway or traction company to change its existing
gauge to standard steam railroad gauge, upon such terms and conditions
as the Commission shall prescribe.
- To grant to any public service special permits to make extra or special
trips within the territory covered by its certificates of public convenience,
and to make special excursion trips outside of its own territory if
the public interest or special circumstances required it: Provided,
however, that in case a public service cannot render such extra service
on its own line or in its own territory, a special permit for such extra
service may be granted to any other public service.
- To require any public service to keep its books, records, and accounts
so as to afford an intelligent understanding of the conduct of its business
and to that end to require every such public service of the same class
to adopt a uniform system of accounting. Such system conform to any
system approved and confirmed by the Auditor General.
- To require any public service to furnish annual reports of finances
and operations. Such reports shall set forth in detail the capital stock
issued, the amounts of said capital stock paid up and the form of payment
thereof; the dividends paid, the surplus, if any and the number of stockholders,
the consolidated and pending obligations and the interest paid thereon;
the cost and value of the property of the operator; concessions or franchises
and equipment; the number of employees and salaries paid to each class;
the accidents to passengers, employees, and other person, and the causes
thereof; the annual expenditures on improvements; the manner of their
investment and nature of such improvements; the receipts and profits
in each of the branches of the business and of whatever source; the
operating and other expenses; the balance of profits and losses; and
a complete statement of the annual financial operations of the operator,
including an annual balance sheet. Such reports shall also contain any
information which the Commission may require concerning freight and
passenger rates, or agreements, compromises or contracts affecting the
same. Said reports shall cover a period of twelve months, ending on
December thirty-first of each year, and shall be sworn to by the officer
or functionary of the public service authorized therefor. The Commission
shall also have power to require from time to time special reports containing
such information as above provided for or on other matters as the Commission
may deem necessary or advisable.
- To require every public service to file with the Commission a statement
in writing, verified by the oaths of the owner or the president and
the secretary thereof, if a corporation, setting forth the name, title
of office or portion, and post-office address, and the authority, power
and duties of every officer, member of the board of directors, trustees
executive committee, superintendent, chief or head of construction and
operation thereof, in such form as to disclose the source and origin
of each administrative act, rule, decision, order or other action of
the operator of such public service; and, within ten days after any
change is made in the title of, or authority, powers or duties appertaining
to any such office or position, or the person holding the same, filed
with the Commission a like statement, verified in like manner, setting
forth such change.
- To require any public service to comply with the laws of the Philippines
and with any provincial resolution or municipal ordinance relating thereto
and to conform to the duties imposed upon it thereby or by the provisions
of its own character, whether obtained under any general or special
law of the Philippines.
- To investigate any or all accidents that may occur on the property
of any public service or directly or indirectly arising from or connected
with its maintenance or operation in the Philippines; to require any
public service to give the Commission immediate and effective notice
of all any such accidents, and to make such order or recommendation
with respect thereto as the public interest may warrant or require.
- To require every public service s herein defined to file within complete
schedules of every classification employed and of every individual or
joint rate, toll fare or charge made, charged or exacted by it for any
product supplied or service rendered within the Philippines and, in
the case of public carriers, to file with it a statement showing the
itineraries or routes served as specified in such requirement.
CHAPTER III OPERATORS OF PUBLIC SERVICES REGULATIONS AND PROHIBITIONS
SECTION 18. It shall be unlawful for any individual, co-partnership,
association, corporation or joint-stock company, their lessees, trustees
or receivers appointed by any court whatsoever, or any municipality, province,
or other department of the Government of the Philippines to engage in
any public service business without having first secured from the Commission
a certificate of public convenience or certificate of public convenience
and necessity as provided for in this Act, except grantees of legislative
franchises expressly exempting such grantees from the requirement of securing
a certificate from this Commission as well as concerns at present existing
expressly exempted from the jurisdiction of the Commission, either totally
or in part, by the provisions of section thirteen of this Act.
SECTION 19. Unlawful Acts. - It shall be unlawful for any public service:
- To provide or maintain any service that is unsafe, improper, or inadequate
or withhold or refuse any service which can reasonably be demanded and
furnished, as found and determined by the Commission in a final order
which shall be conclusive and shall take effect in accordance with this
Act, upon appeal of otherwise.
- To make or give, directly or indirectly, by itself or through its
agents, attorneys or brokers, or any of them, discounts or rebates on
authorized rates, or grant credit for the payment of freight charges,
or any undue or unreasonable preference or advantage to any person of
corporation or to any locality or to any particular description of traffic
or service, or subject any particular person or corporation or locality
or any particular description of traffic to any prejudice or disadvantage
in any respect whatsoever; to adopt, maintain, or enforce any regulation,
practice or measurement which shall be found or determined by the Commission
to be unjust, unreasonable, unduly preferential or unjustly discriminatory
in a final order which shall be conclusive and shall take effect in
accordance with the provisions of this Act, upon repeal or otherwise.
- To refuse or neglect, when requested by the Director of Posts or his
authorized representative, to carry public mail on the regular trips
of any public land transportation service maintained or operated by
any such public service; upon such terms and conditions and for a consideration
in such amount as may be agreed upon between the Director of Posts and
the public service carrier of fixed by the Commission in the absence
of an agreement between the Director of Posts and the carrier. In case
the Director of Posts and public service carrier are unable to agree
on the amount of the compensation to be paid for the carriage of the
mail, the Director of Posts shall forthwith request the Commission to
fix a just and reasonable compensation for such carriage and the same
shall be promptly fixed by the Commission in accordance with Section
sixteen of this Act.
SECTION 20. Acts requiring the approval of the Commission. - Subject
to established limitations and exceptions and saving provisions to the
contrary, it shall be unlawful for any public service or for the owner,
lessee or operator thereof, without the approval and authorization of
the Commission previously had -
- To adopt, establish, fix, impose, maintain, collect or carry into
effect any individual or joint rates, commutation, mileage or other
special rate, toll, fare, charge, classification or itinerary. The Commission
shall approve only those that are just and reasonable and not any that
are unjustly discriminatory or unduly preferential, only upon reasonable
notice to the public services and other parties concerned, giving them
a reasonable opportunity to be heard and the burden of the proof to
show that the proposed rates or regulations are just and reasonable
shall be upon the public service proposing the same.
- To establish, construct, maintain, or operate new units or extend
existing facilities or make any other addition to or general extension
of the service.
- To abandon any railroad station or stop the sale of passenger tickets,
or cease to maintain an agent to receive and discharge freight at any
station now or hereafter established at which passenger tickets are
now or may hereafter be regularly sold, or at which such agent is now
or may hereafter be maintained, or make any permanent change in its
time tables or itineraries on any railroad or in its service.
- To lay any railroad or street railway track across any highway, so
as to make a new crossing at grade, or cross the tracks of any other
railroad or street railway, provided, that this subsection shall not
apply to replacements of lawfully existing tracks.
- Hereafter to issue any stock or stock certificates representing an
increase of capital; or issue any share of stock without par value;
or issue any bonds or other evidence of indebtedness payable in more
than one year from the issuance thereof, provided that it shall be the
duty of the Commission, after hearing, to approve any such issue maturing
in more than one year from the date thereof, when satisfied that the
same is to be made in accordance with law, and the purpose of such issue
be approved by the Commission.
- To capitalize any franchise in excess of the amount, inclusive of
any tax or annual charge, actually paid to the Government of the Philippines
or any political subdivision thereof as the consideration of said franchise;
capitalize any contract for consolidation, merger or lease, or issue
any bonds or other evidence of indebtedness against or as a lien upon
any contract for consolidation, merger, or lease: Provided, however,
that the provisions of this section shall not prevent the issuance of
stock, bonds, or other evidence of indebtedness subject to the approval
of the Commission by any lawfully merged or consolidated public services
not in contravention of the provisions of this section.
- To sell, alienate, mortgage, encumber or lease its property, franchises,
certificates, privileges, or rights or any part thereof; or merge or
consolidate its property, franchises privileges or rights, or any part
thereof, with those of any other public service. The approval herein
required shall be given, after notice to the public and hearing the
persons interested at a public hearing, if it be shown that there are
just and reasonable grounds for making the mortgaged or encumbrance,
for liabilities of more than one year maturity, or the sale, alienation,
lease, merger, or consolidation to be approved, and that the same are
not detrimental to the public interest, and in case of a sale, the date
on which the same is to be consummated shall be fixed in the order of
approval: Provided, however, that nothing herein contained shall be
construed to prevent the transaction from being negotiated or completed
before its approval or to prevent the sale, alienation, or lease by
any public service of any of its property in the ordinary course of
its business.
- To sell or register in its books the transfer or sale of shares of
its capital stock, if the result of that sale in itself or in connection
with another previous sale, shall be to vest in the transferee more
than forty per centum of the subscribed capital of said public service.
Any transfer made in violation of this provision shall be void and of
no effect and shall not be registered in the books of the public service
corporation. Nothing herein contained shall be construed to prevent
the holding of shares lawfully acquired. (As amended by Com. Act No.
454.)
- To sell, alienate or in any manner transfer shares of its capital
stock to any alien if the result of that sale, alienation, or transfer
in itself or in connection with another previous sale shall be the reduction
to less than sixty per centum of the capital stock belonging to Philippine
citizens. Such sale, alienation or transfer shall be void and of no
effect and shall be sufficient cause for ordering the cancellation of
the certificate.
- To issue, give or tender, directly or indirectly, any free ticket
free pass or free or reduced rate of transportation for passengers,
except to the following persons:
- officers, agents, employees, attorneys, physicians and surgeons
of said public service, and members of their families;
- inmates of hospitals or charity institutions, and persons engaged
in charitable work;
- indigent, destitute, and homeless persons when transported by
charitable societies or hospitals, and the necessary agents employed
in such transportation;
- the necessary caretakers, going and returning, of livestock, poultry,
fruit, and other freight under uniform and non-discriminatory regulation;
- employees of sleeping car corporations, express corporations and
telegraph and telephone corporations, railway and marine mail service
employees, when traveling in the course of their official duly;
- post-office inspectors, customs officers and inspectors, and immigration
inspectors when engaged in inspection;
- witnesses attending any legal investigation in which the public
service is an interested party;
- persons injured in accidents or wrecks, and physicians and nurses
attending such persons;
- peace officers and men of regularly constituted fire departments.
(As amended by Com. Act No. 454.)
- Adopt, maintain, or apply practices or measures, rules or regulations
to which the public shall be subject in its relations with the public
service.
CHAPTER IV PENALTIES FOR VIOLATIONS
SECTION 21. Every public service violating or failing to comply with
the terms and conditions of any certificate or any orders, decisions or
regulations of the Commission shall be subject to a fine of not exceeding
two hundred pesos per day for every day during which such default or violation
continues; and the Commission is hereby authorized and empowered to impose
such fine, after due notice and hearing.
The fines so imposed shall be paid to the Government of the Philippines
through the Commission, and failure to pay the fine in any case within
the same specified in the order or decision of the Commission shall be
deemed good and sufficient reason for the suspension of the certificate
of said public service until payment shall be made. Payment may also be
enforced by appropriate action brought in a court of competent jurisdiction.
The remedy provided in this section shall not be a bar to, or affect any
other remedy provided in this Act but shall be cumulative and additional
to such remedy or remedies.
SECTION 22. Observance of the orders, decisions, and regulations of the
Commission and of the terms and conditions of any certificate may also
be enforced by mandamus or injunction in appropriate cases, or by action
to compel the specific performance of the orders, decisions, and regulations
so made, or of the duties imposed by law upon such public service: Provided,
that the Commission may compromise any case that arise under this Act
in such manner and for such amount as it may deem just and reasonable.
SECTION 23. Any public service corporation that shall perform, commit,
or do any act or thing forbidden or prohibited or shall neglect, fail
or omit to do or perform any act or thing herein to be done or performed,
shall be punished by a fine not exceeding twenty-five thousand pesos,
or by imprisonment not exceeding five years, or both, in the discretion
of the court.
SECTION 24. Any person who shall knowingly and willfully perform, commit,
or do, or participate in performing, committing, or doing, or who shall
knowingly and willfully cause, participate, or join with others in causing
any public service corporation or company to do, perform or commit, or
who shall advice, solicit, persuade, or knowingly and willfully instruct,
direct, or order any officer, agent, or employee of any public service
corporation or company to perform, commit, or do any act or thing forbidden
or prohibited by this Act, shall be punished by a fine not exceeding two
thousand pesos, or imprisonment not exceeding two years, or both, in the
discretion of the court: Provided, however, that for operating a private
passenger automobile as a public service without having a certificate
of public convenience for the same the offender shall be subject to the
penalties provided for in section sixty-seven (j) of Act numbered thirty-nine
hundred an ninety-two.
SECTION 25. Any person who shall knowingly and willfully neglect, fail,
or omit to do or perform, or who shall knowingly and willfully cause or
join or participate with others in causing any public service corporation
or company to neglect, fail or omit to do or perform, or who shall advise,
solicit, or persuade, or knowingly and willfully instruct, direct, or
order any officer, agent, or employee of any public service corporation
or company to neglect, fail, or omit to do any act or thing required to
be done by this Act, shall be published by a fine not exceeding two thousand
pesos or by imprisonment not exceeding two years, or both, in the discretion
of the court.
SECTION 26. Any person who shall destroy, injure, or interfere with any
apparatus or appliance owned or operated by to in charge of the Commission
or its agents, shall be deemed guilty of a misdemeanor and upon conviction
shall be published by a fine not exceeding one thousand pesos or imprisonment
not exceeding six months, or both in the discretion of the court.
Any public service permitting the destruction, injury to, or interference
with, any such apparatus or appliances shall forfeit a sum not exceeding
four thousand pesos for each offense.
SECTION 27. This Act shall not have the effect to release or waive any
right of action by the Commission or by any person for any right, penalty,
or forfeiture which may have arisen or which may arise, under any of the
laws of the Philippines, and any penalty or forfeiture enforceable under
this Act shall not be a bar to or affect a recovery for a right, or affect
or bar any criminal proceedings against any public service or person or
persons operating such public services, its officers, directors, agents,
or employees.
SECTION 28. Violations of the orders, decisions, and regulations of the
Commission and of the terms and conditions of any certificate issued by
the Commission shall prescribe after sixty days, and violations of the
provisions of this Act shall prescribe after one hundred and eighty days.
CHAPTER V PROCEDURE AND REVIEW
SECTION 29. All hearings and investigations before the Commission shall
be governed by rules adopted by the Commission, and in the conduct thereof
the Commission shall not be bound by the technical rules of legal evidence:
Provided, That the Public Service Commissioner or associate commissioners
may summarily punish for contempt by a fine not exceeding two hundred
pesos or by imprisonment not exceeding ten days, or both, any person guilty
of misconduct in the presence of the Commissioner or associate commissioners
or so near the same as to interrupt the hearing or session or any proceeding
before them, including cases in which a person present at a hearing, session,
or investigation held by either of the commissioners refuses to be sworn
as a witness or to answer as such when lawfully required to do so. To
enforce the provisions of this section, the Commission may, if necessary,
request the assistance of the municipal police for the execution of any
order made for said purpose.
- While the Commission is authorized to make rules for the conduct of
their business, it could not set at naught the fundamental rule of all
proceedings that only parties having a real interest will be heard.
- A party not affected or prejudiced cannot file an opposition.
- One public service corporation cannot assume the name and be substituted
in the place of another public service corporation.
- A legal representative of the estate of a deceased applicant may be
substituted for the latter. If the right consists in the prosecution
of unfinished proceedings upon an application for a certificate of public
convenience of the deceased before the Public service Commission, it
is but logical that the legal representative be empowered and entitled
in behalf of the estate to make the right effective in that proceeding.
- One who has been granted a legislative franchise to operate an ice
plant, although not yet an operator of such public utility, has sufficient
interest or personality either to oppose an established operator's application
for an increase in the capacity of his existing plant, or to ask for
a joint hearing of said application and the grantee's own application
for the issuance of a certificate of public convenience in order to
operate under such franchise.
- The fact that a party is the lessee of a line does not bar him from
applying for a certificate of its own in the same line. Even in cases
where the owner of a certificate has sold it subject to the condition
that he would not apply for a similar service on the same line sold
by him, it has been held that such an argument does not bar the seller
from applying and that the Public Service Commission, if it finds that
there is public need for the new service applied for, may properly grant
the certificate requested. In other words the primary consideration
is a finding by the Commission that public interest and convenience
require a given service and that parties may not by agreement deprive
the Commission of its power.
- A case involving the grant of a Certificate of Public Convenience
to the respondent becomes moot and academic where the respondent ceases
to be a bus operator, and it should be dismissed.
SECTION 30.
- The Commission may issue subpoenas and subpoenas duces tecum, for
witnesses in any matter or inquiry pending before the Commission and
require the production of all books, papers, tariffs, contracts, agreements,
and all other documents, which the Commission may deem necessary in
any proceeding. such process shall be issued under the seal of the Commission,
signed by one of the Commissioners or by the secretary, and may be served
by any person of full age, or by registered mail. In case of disobedience
to such subpoena, the Commission may invoke the said of the Supreme
Court or of any Court of First Instance of the Philippines in requiring
the attendance and testimony of witness and the production of books,
papers, and documents under the provisions of this chapter, and the
Supreme Court, or any Court of First Instance of the Philippines within
the jurisdiction of which such inquiry is carried on, may in case of
contumacy of refusal to obey a subpoena, issue to any public service
subject to the provisions of this Act, or to any person, an order requiring
such public service or other person to appear before the Commission
and produce and papers if so ordered and give evidence touching the
matter; and any failure to obey such order of the court may be punished
by such court as a contempt thereof.
- Any person who shall neglect or refuse to answer any lawful inquiry
or produce the Commission books, paper, tariffs, contracts, agreements,
and documents or other things called for by said Commission, if in his
power to do so, in obedience to the subpoena or lawful inquiry of the
Commission, upon conviction thereof by a court of competent jurisdiction,
shall be punished by a fine not exceeding five thousand pesos or by
imprisonment not exceeding one year, or both, in the discretion of the
court.
- The Commissioner and associate commissioners, the chiefs of divisions,
the attorneys of the Commission, and the deputy secretaries shall have
the power to administer oaths in all matters under the jurisdiction
of the Commission.
- Any person who shall testify falsely or make any false affidavit or
oath before the Commission or before any of its members shall be guilty
of perjury, and upon conviction thereof in a court of competent jurisdiction,
shall be punished as provided by law.
- Witnesses appearing before the Commission in obedience to subpoena
or subpoena duces tecum, shall be entitled to receive the same fees
and mileage allowance as witnesses attending Courts of First Instance
in civil cases.
- Any person who shall obstruct the Commission or either of the Commissioners
while engaged in the discharge of Official duties, or who shall conduct
himself in a rude, disrespectful or disorderly manner before the Commission
or either of the Commissioners, while engaged in the discharge of official
duties, or shall orally or in writing be disrespectful to, offend or
insult either of the Commissioners on occasion or by reason of the performance
of official duties, upon conviction thereof by a court of competent
jurisdiction, shall be punished for each offense by a fine not exceeding
one thousand pesos, or by imprisonment not exceeding six months, or
both, in the discretion of the court.
SECTION 31. No person shall be excused from testifying or from producing
any book, document, or paper in any investigation or inquiry by or upon
the hearing before the Commission, when ordered so to do by said Commission,
except when the testimony or evidence required of him may tend to incriminate
him. Without the consent of the interested party no member or employee
of the Commission shall be compelled or permitted to give testimony in
any civil suit to which the Commission is not a party, with regard to
secrets obtained by him in the discharge of his official duty.
SECTION 32. The Commission may, in any investigation or hearing, by its
order in writing cause the deposition of witnesses residing within or
without the Philippines to be taken in the manner prescribed by the Rules
of Court. Where witnesses reside in places distant from Manila and it
would be inconvenient and expensive for them to appear personally before
the Commission, the Commission may, by proper order, commission any clerk
of the Court of First Instance, municipal judge or justice of the peace
of the Philippines to take the deposition of witnesses in any case pending
before the Commission. It shall be the duty of the official so commissioned,
to designated promptly a date or dates for the taking of such deposition,
giving timely notice to the parties, and on said date to proceed to take
the deposition, reducing it to writing. After the depositions have been
taken, the official so commissioned shall certify to the depositions taken
and forward them as soon as possible to the Commission. It shall be the
duty of the respective parties to furnish stenographers for taking and
transcribing the testimony taken. in case the are no stenographers available,
the testimony shall be taken in long hand by such person as the clerk
of court, the municipal judge or justice of the peace may designate. The
Commission may also commission a notary public to take the depositions
in the same manner herein provided.
The Commission may also, by proper order, authorize any of the attorneys
of the legal division or division chiefs of the Commission, if they be
lawyers, to hear and investigate any case filed, with the Commission and
in connection therewith to receive such evidence as may be material thereto.
At the conclusion of the hearing or investigation, the attorney or division
chief so authorized shall submit the evidence received by him to the Commission
to enable the latter to render its decision. (As amended by Rep. Act No.
723.)
SECTION 33. Every order made by the Commission shall be served upon the
person or public service affected thereby, within ten days from the time
said order is filed by personal delivery or by ordinary mail, upon the
attorney of record, or in case there be no attorney of record, upon the
party interested; and in case such certified copy is sent by registered
mail, the registry mail receipt shall be prima facie evidence of the receipt
of such order by the public service in due course of mail. All orders
of the Commission to continue an existing service or prescribing rates
to be charged shall be immediately operative; all other orders shall become
effective upon the dates specified thereon: Provided, however, that orders,
resolutions or decisions in converted matters and not referring to the
continuance of an existing service or prescribing rates to be charged
shall not be effective unless otherwise provided by the Commission, and
shall take effect thirty days after notice to the parties.
SECTION 34. Any interested party may request the reconsideration of any
order, ruling, or decision of the Commission by means of a petition filed
not later than fifteen days after the date of the notice of the order,
ruling, or decision in question. The grounds on which the request for
reconsideration is based shall be clearly and specifically stated in the
petition. Copies of said petition shall be served on all parties interested
in the matter. It shall be the duty of the Commission to call a hearing
to decide the same promptly, either denying the petition or revoking or
modifying the order, ruling or decision under consideration.
SECTION 35. The Supreme Court is hereby given jurisdiction to review
any order, ruling, or decision of the Commission and to modify or set
aside such order, ruling, or decision when it clearly appears that there
was no evidence before the Commission to support reasonably such order,
ruling, or decision, or that the same is contrary to law, or that it was
without the jurisdiction of the Commission. The evidence presented to
the Commission, together with the record of the proceedings before the
Commission, shall be certified by the secretary of the Commission to the
Supreme Court. Any order, ruling, or decision of the Commission may likewise
be reviewed by the Supreme Court upon a writ of certiorari in proper cases.
The procedure for review, except as herein provided, shall be prescribed
by rules of the Supreme Court.
SECTION 36. Any other, ruling, or decision of the may be reviewed on
the application of any person or public service affected thereby, by certiorari
in appropriate cases, or by petition, to be known as petition for review,
which shall be filed within thirty days from the notification of such
order, ruling or decision, or in case of a petition is filed in accordance
with the preceding section for the reconsideration of such order, ruling
or decision and the same is denied it shall be filed within fifteen days
after notice of the order denying reconsideration. Said petition shall
be placed on file in the office of the Clerk of the Supreme Court who
shall furnish copies thereof to the Secretary of the Commission and other
parties interested.
SECTION 37. The institution of a writ of certiorari or other special
remedies in the Supreme Court shall in no case supersede or stay any order,
ruling or decision of the Commission, unless the Supreme Court shall so
direct, and the appellant may be required by the Supreme Court to give
bond in such form and of such amount as may be deemed proper.
SECTION 38. The chief of the legal division or any other attorneys of
the Commission shall represent the same in all judicial proceedings. It
shall be the duty of the Solicitor General to represent the Commission
in any judicial proceedings if, for special reason, the Commissioner shall
request his intervention.
There is hereby created under the administrative supervision of the
Secretary of Justice an office to be known as the Office of the People's
Counsel in the Public Service Commission. The people's Counsel shall have
two assistants and such number of employees as may be necessary to perform
the functions hereinafter specified. The People's Counsel and his assistants
shall be appointed by the President of the Philippines with the consent
of the commission on appointments of the Congress of the Philippines.
The employees of the office of the People's Counsel shall be appointed
by the Secretary of Justice upon recommendation of the People's Counsel.
The People's Counsel and his assistants shall posses the qualifications
of a provincial fiscal. The People's Counsel shall receive compensation
at the rate of seven thousand two hundred pesos per annum, and the first
and second assistant's People's Counsel, at the rate of six thousand pesos
per annum each.
The People's Counsel, his assistants, and the employees of the Office
of the People's Counsel shall not, during their continuance in office,
intervene directly or indirectly in the management or control of, or be
financially interested directly or indirectly in any public service as
defined in this Act.
It shall be the duty of the People's Counsel
- to institute proceedings before the Commission, in behalf of the public,
for the purpose of fixing just and reasonable rates or charges to be
followed and observed by public services as herein defined, whenever
he has reason to believe that the existing rates or charges of such
public services are unjust and unreasonable or unjustly discriminatory;
- to represent and appear for the public before the Commission or any
court of the Philippines in every case involving the interest of users
of the products of, or service furnished by any public service under
the jurisdiction of the Commission;
- to represent and appear for petitioners appearing before the Commission
for the purpose of complaining in matters of the rates and services;
- to investigate the service given by the rates charged by, and the
valuation of the properties of the public services under the jurisdiction
of the Commission, and such other matters relating to said public services
as affect the interests of users of the products or service thereof,
and to take all the steps necessary for the protection of the interests
of the person or persons or of the public affected thereby. In connection
with such investigation he is hereby empowered to issue subpoena or
subpoena duces tecum.
The People's Counsel is authorized to call upon and obtain such assistance
as he may deem necessary in the performance of his duties from any officer
or employee of any department, bureau, office, agency, or instrumentality
of the government including corporations owned, controlled or operated
by the government. (As amended by Rep. Act No. 178.)
SECTION 39. Any preceding in any court of the Philippines directly affecting
an order of the Commission or to which the Commission is a party, shall
have preference over all other civil proceedings pending in such court,
except election cases.
CHAPTER VI FEES
SECTION 40. The Commission is authorized and ordered to charge and collect
from any public service or applicant, as the case may be, the following
fees as reimbursement of its expenses in the authorization, supervision
and/or regulation of public services:
- The charge of fifty pesos for the registration of:
- Applications under the provisions of Section sixteen (a), (b),
(c), and (d), and twenty (a), (b) (c), (e), (f), and (h): Provided
however, That in case of transportation services an additional filing
fee of five pesos shall be charged for each additional unit or vehicle
in excess of five units or vehicles applied for: And provided, finally,
That no filing fee shall be collected for the reduction of rates
if the same does not alter or modify in any way the basic rates
of the schedule.
- Applications for the approval or modification of maximum rates
under Section fourteen.
- Thirty pesos shall be collected from any operator of land transportation
for the registration of:
- Applications under Section seventeen (f).
- Applications for the extension of time covering a period of thirty
days for the registration of motor vehicles previously authorized
by the Commission.
- The charge of thirty pesos for the filing of other applications by
any public service operator not specifically provided for in the preceding
paragraphs of this section other than motions of a temporary or incidental
character: Provided, however, That fifteen pesos only shall be collected
for each certificate of public convenience or certificate of public
convenience and necessity in diploma form issued to a public service
operator.
- For annual reimbursement of the expenses incurred by the Commission
for the supervision and regulation of the operations of motor vehicle
services:
- For each automobile, ten pesos.
- For each motor vehicle, truck, or trailer of less than two tons
gross transportation capacity, ten pesos.
- For each motor vehicle, truck, or trailer of two tons or more,
but less than three tons gross transportation capacity, twenty pesos.
- For each motor vehicle, truck, or trailer of three tons or more
but less than four tons gross transportation capacity, thirty pesos.
- Motor vehicles, trucks, trailers or buses of four tons or more
gross capacity shall pay at the rate of ten pesos per ton gross.
The fees provided in paragraphs (d) and (e) hereof shall be paid
on or before September thirtieth of each year with a penalty of
fifty per centum in case of delinquency: Provided, further, That
if the fees or any balance thereof are not paid within sixty days
from the said date, the penalty shall be increased by one per centum
for every month thereafter of delinquency: Provided, however, That
motor vehicles registered in the Motor Vehicles Office after September
thirtieth shall be exempt from payment for said year.
- For annual reimbursement of the expenses incurred by the Commission
in the supervision of other public services and/or in the regulation
or fixing of their rates, twenty centavos for each one hundred pesos
or fraction thereof, of the capital stock subscribed or paid, or if
no shares have been issued, of the capital invested, or of the property
and equipment, whichever is higher.
- For the issue or increase of capital stock, twenty centavos for each
one hundred pesos or fraction thereof, of the increased capital.
- For each permit authorizing the increase of equipment, the installation
of new units or authorizing the increase of capacity. or the extension
of means or general extension in the services, twenty centavos for each
one hundred pesos or fraction of the additional capital necessary to
carry out the permit.
- For the inspection or certification made in the meter laboratory of
the Commission or each apparatus or meter used by any public service,
four pesos, and for examination made outside the meter laboratory of
the Commission, the additional expenses as may be incurred in making
the examination shall also be paid.
- For certification of copies of official documents in the files of
the Commission, fifty centavos plus fifty centavos for each page or
folio so certified.
This section shall not be applicable to the Republic of the Philippines,
nor to its instrumentalities.
Aside from the appropriations for the Commission under the annual General
Appropriation Act, any unexpended balance of the fees collected by the
Commission under this section shall be constituted receipts automatically
appropriated each year, and together with any surplus in the standardizing
meter laboratory revolving fund under Commonwealth Act Numbered Three
hundred forty-nine, shall be disbursed by the Public Service Commissioner
in accordance with special budgets to be approved by the Department of
Justice, the Budget Commission and the Office of the President of the
Philippines for additional needed personal services, maintenance and operating
expenses, acquisition of urgently needed vehicles, furniture and equipment,
maintenance of an adequate reference library, acquisition of a lot and
building for the Commission, and other expenses necessary for efficient
administration and effective supervision and regulation of public services.
(As amended by Com. Act No. 454 and RA No. 3792, approved June 22, 1963.)
CHAPTER VII GENERAL AND TRANSITORY PROVISIONS
SECTION 41. A substantial compliance with the requirements of this Act
shall be sufficient to give effect to all the rules, orders, acts and
regulations of the Commission and they shall not be declared inoperative,
illegal, or void for any omission of a technical nature in respect thereto.
SECTION 42. Copies of all official documents and orders filled or deposited
in the office of the Commission, certified by either of the commissioners,
or by the secretary to be true copy of the original, under the seal of
the Commission shall be evidence in like manner as the originals in all
courts of the Philippines.
SECTION 43. The Commission created under this Act shall succeed the Commission
created under Act numbered thirty-one hundred and eight in the dispatch,
hearing, and determination of all pending matters before the latter; and
shall take charge of its archives, books, furniture, equipment, and other
properties of whatsoever nature.
SECTION 44. In addition to the sum appropriated for the former commission
under Act numbered forty-one hundred and thirty-two, the General Appropriation
Act for nineteen hundred and thirty-six, the sum of six thousand seven
hundred and sixty-eight pesos and thirty-four centavos is hereby appropriated
out of any funds in the Philippines Treasury not otherwise; and in addition
to the sum appropriated under Act numbered thirty-eight, the General Appropriation
Act for nineteen hundred and thirty-seven, the sum of twenty-three thousand
six hundred and ten pesos, or so much thereof as may be necessary, is
hereby appropriated, out of any funds in the Philippines Treasury not
otherwise appropriated, for carrying out the purposes of this Act.
SECTION 45. If, any reason, any section, subsection, sentence, clauses
or terms of this Act is held to the unconstitutional such decision shall
not affect the validity of the other provisions of this Act.
SECTION 46. Act numbered thirty-two hundred and forty-seven and Act numbered
thirty-five hundred and eighteen shall continue in force and effect; but
all provisions of Act numbered thirty-one hundred and eight and amendments
thereof, and all other acts or parts or acts inconsistent with the provisions
of this Act are hereby repealed.
SECTION 47. This Act shall take effect upon its approval.
Approved: November 7, 1936
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