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No franchise, certificate, or any other form No franchise, certificate, or any other form No franchise, certificate, or any other form
of authorization for the operation of a of authorization for the operation of a of authorization for the operation of a
public utility shall be granted except to public utility shall be granted except to public utility shall be granted except to
citizens of the Philippines or to citizens of the Philippines or to citizens of the Philippines at least sixty per
corporations or associations organized corporations or other entities organized centum of the capital of which is owned by
under the laws of the Philippines, at least under the laws of the Philippines sixty per such citizens, nor shall such franchise,
sixty per centum of whose capital is centum of the capital of which is owned by certificate, or authorization be exclusive in
owned by such citizens; nor shall such citizens of the Philippines, nor shall such character or for a longer period then fifty
franchise, certificate, or authorization be franchise, certificate, or authorization be years. Neither shall any such franchise or
exclusive in character or for a longer exclusive in character or for a longer right be granted except under the
period than fifty years. Neither shall any period than fifty years. No franchise or condition that it shall be subject to
such franchise or right be granted except right shall be granted to any individual, amendment, alteration, or repeal by the
under the condition that it shall be subject firm, or corporation, except under the National Assembly when the public
to amendment, alteration, or repeal by the condition that it shall be subject to interest so requires. The State shall
Congress when the common good so amendment, alteration, or repeal by the encourage equity participation in public
requires. The State shall encourage equity Congress when the public interest so utilities by the general public. The
participation in public utilities by the requires. participation of foreign investors in the
general public. The participation of foreign governing body of any public utility
investors in the governing body of any enterprise shall be limited to their
public utility enterprise shall be limited to proportionate share in the capital thereof.
their proportionate share in its capital, and
all the executive and managing officers of
such corporation or association must be
citizens of the Philippines.
CA 146: Public Service Act ..... Section 13. ..... (b) 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.
Sec. 19. Chapter 5 Title 15 Powers and Functions of the property in their charges as well as the safety of persons and
Land Transportation Franchising and Regulatory Board. property within their areas of operation;
The Board shall:
(12) Coordinate and cooperate with other government
(1) Prescribe and regulate routes, economically viable agencies and entities concerned with any aspect involving
capacities, and zones or areas of operation of public land public land transportation services with the end in view of
transportation services provided by motorized vehicles in effecting continuing improvement of such services; and
accordance with the public land transportation development
plans and programs approved by the Department of (13) Perform such other functions and duties as may be
Transportation and Communications; provided by law, or as may be necessary, or proper or
incidental to the purposes and objectives of the Department;
(2) Issue, amend, revise, suspend or cancel Certificates of
Public Convenience or permits authorizing the operation of
public land transportation services provided by motorized
vehicles, and prescribe the appropriate terms and conditions
therefor;
Any permit may be altered, amended, modified, suspended, a. Issue Certificate of Philippine Registry for all vessels being
cancelled or revoked by the Board in whole or in part, upon used in Philippine waters, including fishing vessels covered by
complaint or petition or upon the Board's initiative as Presidential Decree No. 43 except transient civilian vessels of
hereinafter provided, whenever the Board finds such action to foreign registry, vessels owned and/or operated by the Armed
be in the public interest. Forces of the Philippines or by foreign governments for military
purposes, and bancas, sailboats and other watercraft which
There shall be attached to the exercise of the privileges are not motorized, of less than three gross tons;
granted by the permit, or amendment thereto, such reasonable
terms, conditions or limitations as, in the judgment of the b. Provide a system of assisting various officers, professionals,
Board, the public interest may require. technicians, skilled workers and seamen to be gainfully
employed in shipping enterprises, priority being given to
No permit shall confer any proprietary, property, or exclusive domestic needs;
right in the use of any air space, civil airway, landing area or
government air-navigation facility. c. In collaboration and coordination with the Department of
Labor, to look into, and promote improvements in the working
The permit shall, among others, specify the terminal and conditions and terms of employment of the officers and crew of
intermediate points, if any, between which the air carrier is vessels of Philippine registry, and of such officers and crew
authorized to operate; the service to be rendered; the time of members who are Philippine citizens and employed by foreign
arrival and departure at each point, and the frequency of flag vessels, as well as of personnel of other shipping
flights: Provided, That no change in routes, rates, schedules, enterprises, and to assist in the settlement of disputes between
or frequency nor supplemental or additional flights to those the shipowners and ship operators and such officers and crew
covered by an Air Commerce Permit or franchise shall be members and between the owner or manager of other shipping
effected without prior approval of the Civil Aeronautics Board. enterprises and their personnel;
Insofar as the operation is to take place without the Philippines,
the permit shall designate the terminal and intermediate points d. To require any public water transport utility or Philippine flag
only insofar as the Board shall deem practicable, and vessels to provide shipping services to any coastal areas in the
otherwise shall designate only the general route or routes to be country where such services are necessary for the
followed. development of the area, to meet emergency sealift
requirements, or when public interest so requires;
No carrier shall abandon any route, or part thereof for which a
permit has been issued, unless upon findings by the Civil e. Investigate by itself or with the assistance of other
Aeronautics Board that such an abandonment is uneconomical appropriate government agencies or officials, or experts from
and is in the public interest. the private sector, any matter within its jurisdiction, except
marine casualties or accidents which shall be undertaken by
the Philippine Coast Guard;
l. Implement the rules and regulations issued by the Board of Sec. 3. Section 14 of said Executive Order is hereby
Transportation; lawphi1.net renumbered as Section 12 and amended to read as follows:
m. Compile and codify all maritime laws, orders, rules and "Sec. 12. Maritime Industry Authority. The Maritime Industry
regulations, decisions in leasing cases of courts and the Authority is hereby retained and shall have the following
Authority's procedures and other requirements relative to functions:
shipping and other shipping enterprises, make them available
to the public, and, whenever practicable to publish such (a) Develop and formulate plans, policies, programs, projects,
materials; standards,
n. Delegate his powers in writing to either of the Deputy specifications and guidelines geared toward the promotion and
Administrators or any other ranking officials of the Authority; development of the maritime industry, the growth and effective
Provided, That he informs the Board of such delegation regulation of shipping enterprises, and for the national security
promptly; and objectives of the country;
o. Perform such other duties as the Board may assign, and (b) Establish, prescribe and regulate routes, zones and/or
such acts as may be necessary and proper to implement this areas of operation of particular operators of public water
Decree. services;
(1) Register vessels; (17) Issue such rules and regulations necessary to implement
the provisions of this Act: Provided, That such rules and
(2) Issue certificates of public convenience or any extensions regulations cannot change or in any way amend or be contrary
or amendments thereto, authorizing the operation of all kinds. to the intent and purposes of this Act.
Classes and types of vessels in domestic shipping: Provided,
That no such certificate shall be valid for a period of more than
twenty-five (25) years;
(9) Ensure that all domestic ship operators shall have the
financial capacity to provide and sustain safe, reliable, efficient
and economic passenger or cargo service, or both;
(10) Determine the impact which any new service shall have to
the locality it will serve;
(11) Adopt and enforce such rules and regulations which will
ensure compliance by every domestic ship operator with
required safety standards and other rules and regulations on
vessel safety;
The Commission shall have jurisdiction, supervision, and Section 16. Proceedings of the Commission, upon notice and
control over all public services and their franchises, equipment, hearing. - The Commission shall have power, upon proper
and other properties, and in the exercise of its authority, it shall notice and hearing in accordance with the rules and provisions
have the necessary powers and the aid of the public force: of this Act, subject to the limitations and exceptions mentioned
Provided, That public services owned or operated by and saving provisions to the contrary :
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 (a) To issue certificates which shall be known as certificates of
necessity shall not be required of such entities or corporations: public convenience, authorizing the operation of public service
And provided, further, That it shall have no authority to require within the Philippines whenever the Commission finds that the
steamboats, motor ships and steamship lines, whether operation of the public service proposed and the authorization
privately-owned, or owned or operated by any Government to do business will promote the public interest in a proper and
controlled corporation or instrumentality to obtain certificate of suitable manner. Provided, That thereafter, certificates of
public convenience or to prescribe their definite routes or lines public convenience and certificates of public convenience and
of service. 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.
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