As Amended, and As Modified Particularly by PD No. 1, Integrated Reorganization Plan and EO 546

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COMMONWEALTH ACT No.

146 necessary to sit temporarily as Commissioners in the


Public Service Commission.
THE PUBLIC SERVICE LAW
The Public Service Commission shall sit individually
(As amended, and as modified particularly by PD No. or as a body en banc or in two divisions of three
1, Integrated Reorganization Plan and EO 546) Commissioners each. The Public Service
Commissioner shall preside when the Commission
CHAPTER I sits en banc and in one division. In the other division,
ORGANIZATION the Associate Commissioner with seniority of
appointment in that division shall preside. Five
Commissioners shall constitute a quorum for
Section 1. This Act shall be known as the "Public
sessions en banc and two Commissioners shall
Service Act."
constitute a quorum for the sessions of a division. In
the absence of a quorum, the session shall be
Section 2. There is created under the Department of
adjourned until the requisite number is present.
Justice a commission which shall be designated and
known as the Public Service Commission, composed
All the powers herein vested upon the Commission
of one Public Service Commissioner and five
shall be considered vested upon any of the
Associate Commissioners, and which shall be vested
Commissioners, acting either individually or jointly
with the powers and duties hereafter specified.
as hereinafter provided. The Commissioners shall
Whenever the word "Commission" is used in this
equitably divide among themselves all pending cases
Act, it shall be held to mean the Public Service
and those that may hereafter be submitted to the
Commission, and whenever the word
Commissioner, in such manner and form as they may
"Commissioner" is used in this Act it shall be held to
determine, and shall proceed to hear and determine
mean the Public Service Commissioner or anyone of
the case assigned to each or to their respective
the Associate Commissioners. The Public Service
divisions, or to the Commission en banc as follows:
Commissioner and the Associate Public Service
uncontested cases, except those pertaining to the
Commissioners shall be natural born citizens and
fixing of rates, shall be decided by one
residents of the Philippines, not under thirty years of
Commissioner; contested cases and all cases
age; members of the Bar of the Philippines, with at
involving the fixing of rates shall be decided by the
least five years of law practice or five years of
Commission in division and the concurrence of at
employment in the government service requiring a
least two Commissioners in the division shall be
lawyer's diploma; and shall be appointed by the
necessary for the promulgation of a decision or non-
President of the Philippines, with the consent of the
interlocutory order in these cases: Provided,
Commission on Appointments of the Congress of the
however, That any motion for reconsideration of a
Philippines: Provided, however, That the present
decision or non-interlocutory order of any
Commissioner and the personnel of the Commission
Commissioner or division shall be heard directly by
shall continue in office without the necessity of re-
the Commission en banc and the concurrence of at
appointment. The Commissioners shall have the rank
least four Commissioners shall be necessary for the
and privilege of retirement of Judges of the Courts of
promulgation of a final decision or order resolving
First Instance. (As amended by Republic Act Nos. 178
such motion for reconsideration. (As amended by
and 2677)
Republic Act Nos. 723 and 2677)
Section 3. The Commissioner and Associate
Section 4. The Public Service Commissioner shall
Commissioners shall hold office until they reach the
receive an annual compensation of thirteen
age of seventy years, or until removed in accordance
thousand pesos; and each of the Associate
with the procedures prescribed in section one
Commissioners an annual compensation of twelve
hundred and seventy-three of Act Numbered
thousand pesos. The Commissioners shall be assisted
Twenty-seven hundred and eleven, known as the
by one chief attorney, one finance and rate
Revised Administrative Code: Provided, however,
regulation officer, one chief utilities regulation
That upon retirement any Commissioner of
engineer, one chief accountant, one transportation
Associate Commissioner shall be entitled to all
regulation chief, one secretary of the Public Service
retirement benefits and privileges for Judges of the
Commission, and three public utilities advisers who
Courts of First Instance or under the retirement law
shall receive an annual compensation of not less
to which he may be entitled on the date of his
than ten thousand eight hundred pesos each; five
retirement. In case of the absence, for any reason, of
assistant chiefs of division who shall receive an
the Public Service Commissioner, the Associate
annual compensation of not less than nine thousand
Commissioner with seniority of appointment shall
six hundred pesos each; twelve attorneys who shall
act as Commissioner. If on account of absence,
receive an annual compensation of not less than
illness, or incapacity of any of three Commissioners,
nine thousand pesos each; and a technical and
or whenever by reason of temporary disability of any
confidential staff to be composed of two certified
Commissioner or of a vacancy occurring therein, the
public accounts, two electrical engineers, two
requisite number of Commissioners necessary to
mechanical or communication engineers, and two
render a decision or issue an order in any case is not
special assistants who shall receive an annual
present, or in the event of a tie vote among the
compensation of not less than seven thousand two
Commissioners, the Secretary of Justice may
hundred pesos each. (As amended by Republic Act
designate such number of Judges of the Courts of
Nos. 723, 2677 and 3792)
First Instance, or such number of attorneys of the
legal division of the Commission, as may be
Section 5. The Public Service Commissioner, the
Associate Public Service Commissioners, and all
other officers and employees of the Public Service Section 9. No member or employee of the
Commission shall enjoy the same privileges and Commission shall have any official or professional
rights as the officer and employees of the classified relation with any public service as herein defined, or
civil service of the Government of the Philippines. hold any office of profit or trust with the
They shall also be entitled to receive from the Government of the Philippines.
Government of the Philippines their necessary
travelling expenses while travelling on the business Section 10. The Commission shall have its office in
of the Commission, which shall be paid on proper the City of Manila or at such other place as may be
voucher therefor, approved by the Secretary of designated, and may hold hearings on any
Justice, out of funds appropriated for the contingent proceedings at such times and places, within the
expenses of the Commission. Philippines, as it may provide by order in writing:
Provided, That during the months of April and May
When the exigency of the service so requires and of each year, at least three Commissioners shall be
with the approval of the Secretary of Justice, and on vacation in such manner that once every two
subject to the provisions of Commonwealth Act years at least three of them shall be on duty during
Numbered Two hundred forty-six, as amended, April and May: Provided, however, That in the
funds may be set aside from the appropriations interest of public service, the Secretary of Justice
provided for the Commission and/or from the fees may require any or all the Commissioners not on
collected under Section forty of this Act to defray the duty to render services and perform their duties
expenses to be incurred by the Public Service during the vacation months. (As amended by
Commissioner or any of the Associate Republic Act Nos. 176 and 3792)
Commissioners, officers or employees of the
Commission to be designated by the Commissioner, Section 11. The Commission shall have the power to
with the approval of the Secretary of Justice, in the make needful rules for its Government and other
study of modern trends in supervision and regulation proceedings not inconsistent with this Act and shall
of public services. (As amended by Republic Act No. adopt a common seal, and judicial notice shall be
3792) taken for such seal. True copies of said rules and
other amendments shall be promptly furnished to
Section 6. The Secretary of Justice, upon the Bureau of Printing and shall be forthwith
recommendation of the Public Service published in the Official Gazette.
Commissioner, shall appoint all subordinate officers
and employees of the Commission as may be CHAPTER II
provided in the Appropriation Act. The Public Service JURISDICTION, POWERS AND DUTIES OF THE
Commissioner shall have general executive control, COMMISSION
direction, and supervision over the work of the
Commission and of its members, body and Section 13. (a) The Commission shall have
personnel, and over all administrative business. (As jurisdiction, supervision, and control over all public
amended by Republic Act Nos. 178 and 3792) services and their franchises, equipment, and other
properties, and in the exercise of its authority, it
Section 7. The Secretary of the Commission, under shall have the necessary powers and the aid of the
the direction of the Commissioner, shall have charge public force: Provided, That public services owned or
of the administrative business of the Commission operated by government entities or government-
and shall perform such other duties as may be owned or controlled corporations shall be regulated
required of him. He shall be the recorder and official by the Commission in the same way as privately-
reporter of the proceedings of the Commission and owned public services, but certificates of public
shall have authority to administer oaths in all convenience or certificates of public convenience
matters coming under the jurisdiction of the and necessity shall not be required of such entities
Commission. He shall be the custodian of the or corporations: And provided, further, That it shall
records, maps, profiles, tariffs, itineraries, reports, have no authority to require steamboats, motor
and any other documents and papers filed with the ships and steamship lines, whether privately-owned,
Commission or entrusted to his care and shall be or owned or operated by any Government
responsible therefor to the Commission. He shall controlled corporation or instrumentality to obtain
have authority to designate from time to time any of certificate of public convenience or to prescribe their
his delegates to perform the duties of Deputy definite routes or lines of service.
Secretary with any of the Commissioners.
(b) The term "public service" includes every
Section 8. The Commission shall furnish the person that now or hereafter may own,
Secretary such of its findings and decisions as in its operate, manage, or control in the
judgment may be of general public interest; the Philippines, for hire or compensation, with
Secretary shall compile the same for the purpose of general or limited clientele, whether
publication in a series of volumes to be designated permanent, occasional or accidental, and
"Reports of the Public Service Commission of the done for general business purposes, any
Philippines," which shall be published in such form common carrier, railroad, street railway,
and manner as may be best adapted for public traction railway, sub-way motor vehicle,
information and use, and such authorized either for freight or passenger, or both with
publications shall be competent evidence of the or without fixed route and whether may be
reports and decisions of the Commission therein its classification, freight or carrier service of
contained without any further proof or any class, express service, steamboat or
authentication thereof. steamship line, pontines, ferries, and water
craft, engaged in the transportation of
passengers or freight or both, shipyard, and necessity," as the case may be, to the effect that
marine railways, marine repair shop, the operation of said service and the authorization
[warehouse] wharf or dock, ice plant, ice- to do business will promote the public interests in a
refrigeration plant, canal, irrigation system, proper and suitable manner.
gas, electric light, heat and power water
supply and power, petroleum, sewerage The Commission may prescribe as a condition for the
system, wire or wireless communications issuance of the certificate provided in the preceding
system, wire or wireless broadcasting paragraph that the service can be acquired by the
stations and other similar public services: Republic of the Philippines or any instrumentality
Provided, however, That a person engaged thereof upon payment of the cost price of its useful
in agriculture, not otherwise a public equipment, less reasonable depreciation; and
service, who owns a motor vehicle and uses likewise, that the certificate shall be valid only for a
it personally and/or enters into a special definite period of time; and that the violation of any
contract whereby said motor vehicle is of these conditions shall produce the immediate
offered for hire or compensation to a third cancellation of the certificate without the necessity
party or third parties engaged in of any express action on the part of the Commission.
agriculture, not itself or themselves a public
service, for operation by the latter for a In estimating the depreciation, the effect of the use
limited time and for a specific purpose of the equipment, its actual condition, the age of the
directly connected with the cultivation of model, or other circumstances affecting its value in
his or their farm, the transportation, the market shall be taken into consideration.
processing, and marketing of agricultural
products of such third party or third parties
The foregoing is likewise applicable to any extension
shall not be considered as operating a
or amendment of certificates actually in force and to
public service for the purposes of this Act.
those which may hereafter be issued, to permit to
modify itineraries and time schedules of public
(c) The word "person" includes every services, and to authorizations to renew and
individual, co-partnership, joint-stock increase equipment and properties.
company or corporation, whether domestic
or foreign, their lessees, trustees, or
Section 16. Proceedings of the Commission, upon
receivers, as well as any municipality,
notice and hearing. - The Commission shall have
province, city, government-owned or
power, upon proper notice and hearing in
controlled corporation, or agency of the
accordance with the rules and provisions of this Act,
Government of the Philippines, and
subject to the limitations and exceptions mentioned
whatever other persons or entities that may
and saving provisions to the contrary :
own or possess or operate public services.
(As amended by Com. Act 454 and RA No.
(a) To issue certificates which shall be
2677)
known as certificates of public convenience,
authorizing the operation of public service
Section 14. The following are exempted from the
within the Philippines whenever the
provisions of the preceding section:
Commission finds that the operation of the
public service proposed and the
(a) Warehouses; authorization to do business will promote
the public interest in a proper and suitable
(b) Vehicles drawn by animals and bancas manner. Provided, That thereafter,
moved by oar or sail, and tugboats and certificates of public convenience and
lighters; certificates of public convenience and
necessity will be granted only to citizens of
(c) Airships within the Philippines except as the Philippines or of the United States or to
regards the fixing of their maximum rates corporations, co-partnerships, associations
on freight and passengers; or joint-stock companies constituted and
organized under the laws of the Philippines;
(d) Radio companies except with respect to Provided, That sixty per centum of the stock
the fixing of rates; or paid-up capital of any such corporations,
co-partnership, association or joint-stock
(e) Public services owned or operated by company must belong entirely to citizens of
any instrumentality of the National the Philippines or of the United States:
Government or by any government-owned Provided, further, That no such certificates
or controlled corporation, except with shall be issued for a period of more than
respect to the fixing of rates. (As amended fifty years.
by Com. Act 454, RA No. 2031, and RA No.
2677 ) (b) To approve, subject to constitutional
limitations any franchise or privilege
Section 15. With the exception of those enumerated granted under the provisions of Act No. Six
in the preceding section, no public service shall Hundred and Sixty-seven, as amended by
operate in the Philippines without possessing a valid Act No. One Thousand and twenty-two, by
and subsisting certificate from the Public Service any political subdivision of the Philippines
Commission known as "certificate of public when, in the judgment of the Commission,
convenience," or "certificate of public convenience such franchise or privilege will properly
conserve the public interests, and the expenditure required in making and
Commission shall in so approving impose operating such extension.
such conditions as to construction,
equipment, maintenance, service, or (i) To direct any railroad, street railway or
operation as the public interests and traction company to establish and maintain
convenience may reasonably require, and at any junction or point of connection or
to issue certificates of public convenience intersection with any other line of said road
and necessity when such is required or or track, or with any other line of any other
provided by any law or franchise. railroad, street railway or traction to
promote, such just and reasonable
(c) To fix and determine individual or joint connection as shall be necessary to
rates, tolls, charges, classifications, or promote the convenience of shippers of
schedules thereof, as well as commutation, property, or of passengers, and in like
mileage, kilometrage, and other special manner direct any railroad, street railway,
rates which shall be imposed observed and or traction company engaged in carrying
followed thereafter by any public service: merchandise, to construct, maintain and
Provided, That the Commission may, in its operate, upon reasonable terms, a switch
discretion, approve rates proposed by connection with any private sidetrack which
public services provisionally and without may be constructed by any shipper to
necessity of any hearing; but it shall call a connect with the railroad, street railway or
hearing thereon within thirty days, traction company line where, in the
thereafter, upon publication and notice to judgment of the Commission, such
the concerns operating in the territory connection is reasonable and practicable
affected: Provided, further, That in case the and can be out in with safety and will
public service equipment of an operator is furnish sufficient business to justify the
used principally or secondarily for the construction and maintenance of the same.
promotion of a private business, the net
profits of said private business shall be (j) To authorize, in its discretion, any
considered in relation with the public railroad, street railway or traction company
service of such operator for the purpose of to lay its tracks across the tracks of any
fixing the rates. other railroad, street railway or traction
company or across any public highway.
(d) To fix just and reasonable standards,
classifications, regulations, practices, (k) To direct any railroad or street railway
measurement, or service to be furnished, company to install such safety devices or
imposed, observed, and followed thereafter about such other reasonable measures as
by any public service. may in the judgment of the Commission be
necessary for the protection of the public
(e) To ascertain and fix adequate and are passing grade crossing of (1) public
serviceable standards for the measurement highways and railroads, (2) public highways
of quantity, quality, pressure, initial voltage, and streets railway, or (3) railways and
or other condition pertaining to the supply street railways.
of the product or service rendered by any
public service, and to prescribe reasonable (l) To fix and determine proper and
regulations for the examination and test of adequate rates of depreciation of the
such product or service and for the property of any public service which will be
measurement thereof. observed in a proper and adequate
depreciation account to be carried for the
(f) To establish reasonable rules, protection of stockholders, bondholders or
regulations, instructions, specifications, and creditors in accordance with such rules,
standards, to secure the accuracy of all regulations, and form of account as the
meters and appliances for measurements. Commission may prescribe. Said rates shall
be sufficient to provide the amounts
(g) To compel any public service to furnish required over and above the expense of
safe, adequate, and proper service as maintenance to keep such property in a
regards the manner of furnishing the same state of efficiency corresponding to the
as well as the maintenance of the necessary progress of the industry. Each public service
material and equipment. shall conform its depreciation accounts to
the rates so determined and fixed, and shall
(h) To require any public service to set aside the moneys so provided for out of
establish, construct, maintain, and operate its earnings and carry the same in a
any reasonable extension of its existing depreciation fund. The income from
facilities, where in the judgment of said investments of money in such fund shall
Commission, such extension is reasonable likewise be carried in such fund. This fund
and practicable and will furnish sufficient shall not be expended otherwise than for
business to justify the construction and depreciation, improvements, new
maintenance of the same and when the construction, extensions or conditions to
financial condition of the said public service the properly of such public service.
reasonably warrants the original
(m) To amend, modify or revoke at any time Commission in any investigation if it shall be
certificate issued under the provisions of found in the same that any rate, tool,
this Act, whenever the facts and charge, schedule, regulation, practice, act
circumstances on the strength of which said or service thereof is in violation of any
certificate was issued have been provision of this Act or any certificate,
misrepresented or materially changed. order, rule, regulation or requirement
issued or established by the Commission.
(n) To suspend or revoke any certificate The Commission may also assess against
issued under the provisions of this Act any public service costs not to exceed
whenever the holder thereof has violated twenty-five pesos with reference to such
or willfully and contumaciously refused to investigation.
comply with any order rule or regulation of
the Commission or any provision of this Act: (c) From time to time appraise and value
Provided, That the Commission, for good the property of any public service,
cause, may prior to the hearing suspend for whenever in the judgment of the
a period not to exceed thirty days any Commission it shall be necessary so to do,
certificate or the exercise of any right or for the purpose of carrying out any of the
authority issued or granted under this Act provisions of this Act, and in making such
by order of the Commission, whenever such valuation the Commission may have access
step shall in the judgment of the to and use any books, documents, or
Commission be necessary to avoid serious records in the possession of any
and irreparable damage or inconvenience department, bureau, office, or board of the
to the public or to private interests. government of the Philippines or any
political subdivision thereof.
(o) To fix, determine, and regulate, as the
convenience of the state may require, a (d) To provide, on motion by or at the
special type for auto-busses, trucks, and request of any consumer or user of a public
motor trucks to be hereafter constructed, service, for the examination and test of any
purchased, and operated by operators after appliance used for the measuring of any
the approval of this Act; to fix and product or service of a public service, and
determine a special registration fee for for that purpose, by its agents, experts, or
auto-buses, trucks, and motor trucks so examiners to enter upon any premises
constructed, purchased and operated: where said appliances may be, and other
Provided, That said fees shall be smaller premises of the public service, for the
than more those charged for auto-busses, purpose of setting up and using on said
trucks, and motor trucks of types not made premises any apparatus necessary therefor.
regulation under the subsection. and to fix the fees to be paid by any
consumer or user who may apply to the
Section 17. Proceedings of Commission without Commission for such examination or test to
previous hearing. - The Commission shall have power be made, and if the appliance be found
without previous hearing, subject to established defective or incorrect to the disadvantage
limitations and exception and saving provisions to of the consumer or user to require the fees
the contrary: paid to be refunded to the consumer or
user by the public service concerned.
(a) To investigate, upon its own initiative, or
upon complaint in writing, any matter (e) To permit any street railway or traction
concerning any public service as regards company to change its existing gauge to
matters under its jurisdiction; to require standard steam railroad gauge, upon such
any public service to furnish safe, adequate, terms and conditions as the Commission
and proper service as the public interest shall prescribe.
may require and warrant; to enforce
compliance with any standard, rule, (f) To grant to any public service special
regulation, order or other requirement of permits to make extra or special trips within
this Act or of the Commission, and to the territory covered by its certificates of
prohibit or prevent any public service as public convenience, and to make special
herein defined from operating without excursion trips outside of its own territory if
having first secured a certificate of public the public interest or special circumstances
convenience or public necessity and required it: Provided, however, that in case
convenience, as the case may be and a public service cannot render such extra
require existing public services to pay the service on its own line or in its own
fees provided for in this Act for the issuance territory, a special permit for such extra
of the proper certificate of public service may be granted to any other public
convenience or certificate of public service.
necessity and convenience, as the case may
be, under the penalty, in the discretion by (g) To require any public service to keep its
the Commission, of the revocation and books, records, and accounts so as to afford
cancellation of any acquired rights. an intelligent understanding of the conduct
of its business and to that end to require
(b) To require any public service to pay the every such public service of the same class
actual expenses incurred by the to adopt a uniform system of accounting.
Such system conform to any system to the duties imposed upon it thereby or by
approved and confirmed by the Auditor the provisions of its own character, whether
General. obtained under any general or special law
of the Philippines.
(h) To require any public service to furnish
annual reports of finances and operations. (k) To investigate any or all accidents that
Such reports shall set forth in detail the may occur on the property of any public
capital stock issued, the amounts of said service or directly or indirectly arising from
capital stock paid up and the form of or connected with its maintenance or
payment thereof; the dividends paid, the operation in the Philippines; to require any
surplus, if any and the number of public service to give the Commission
stockholders, the consolidated and pending immediate and effective notice of all any
obligations and the interest paid thereon; such accidents, and to make such order or
the cost and value of the property of the recommendation with respect thereto as
operator; concessions or franchises and the public interest may warrant or require.
equipment; the number of employees and
salaries paid to each class; the accidents to (l) To require every public service s herein
passengers, employees, and other person, defined to file within complete schedules of
and the causes thereof; the annual every classification employed and of every
expenditures on improvements; the individual or joint rate, toll fare or charge
manner of their investment and nature of made, charged or exacted by it for any
such improvements; the receipts and profits product supplied or service rendered within
in each of the branches of the business and the Philippines and, in the case of public
of whatever source; the operating and carriers, to file with it a statement showing
other expenses; the balance of profits and the itineraries or routes served as specified
losses; and a complete statement of the in such requirement.
annual financial operations of the operator,
including an annual balance sheet. Such CHAPTER III
reports shall also contain any information OPERATORS OF PUBLIC SERVICES REGULATIONS
which the Commission may require AND PROHIBITIONS
concerning freight and passenger rates, or
agreements, compromises or contracts
Section 18. It shall be unlawful for any individual, co-
affecting the same. Said reports shall cover
partnership, association, corporation or joint-stock
a period of twelve months, ending on
company, their lessees, trustees or receivers
December thirty-first of each year, and shall
appointed by any court whatsoever, or any
be sworn to by the officer or functionary of
municipality, province, or other department of the
the public service authorized therefor. The
Government of the Philippines to engage in any
Commission shall also have power to
public service business without having first secured
require from time to time special reports
from the Commission a certificate of public
containing such information as above
convenience or certificate of public convenience and
provided for or on other matters as the
necessity as provided for in this Act, except grantees
Commission may deem necessary or
of legislative franchises expressly exempting such
advisable.
grantees from the requirement of securing a
certificate from this Commission as well as concerns
(i) To require every public service to file at present existing expressly exempted from the
with the Commission a statement in jurisdiction of the Commission, either totally or in
writing, verified by the oaths of the owner part, by the provisions of section thirteen of this Act.
or the president and the secretary thereof,
if a corporation, setting forth the name,
Section 19. Unlawful Acts. - It shall be unlawful for
title of office or portion, and post-office
any public service:
address, and the authority, power and
duties of every officer, member of the
(a) To provide or maintain any service that is unsafe,
board of directors, trustees executive
improper, or inadequate or withhold or refuse any
committee, superintendent, chief or head
service which can reasonably be demanded and
of construction and operation thereof, in
furnished, as found and determined by the
such form as to disclose the source and
origin of each administrative act, rule, Commission in a final order which shall be conclusive
and shall take effect in accordance with this Act,
decision, order or other action of the
upon appeal of otherwise.
operator of such public service; and, within
ten days after any change is made in the
title of, or authority, powers or duties (b) To make or give, directly or indirectly, by itself or
appertaining to any such office or position, through its agents, attorneys or brokers, or any of
or the person holding the same, filed with them, discounts or rebates on authorized rates, or
the Commission a like statement, verified in grant credit for the payment of freight charges, or
like manner, setting forth such change. 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
(j) To require any public service to comply
subject any particular person or corporation or
with the laws of the Philippines and with
locality or any particular description of traffic to any
any provincial resolution or municipal
prejudice or disadvantage in any respect
ordinance relating thereto and to conform
whatsoever; to adopt, maintain, or enforce any (d) To lay any railroad or street railway track
regulation, practice or measurement which shall be across any highway, so as to make a new
found or determined by the Commission to be crossing at grade, or cross the tracks of any
unjust, unreasonable, unduly preferential or unjustly other railroad or street railway, provided,
discriminatory in a final order which shall be that this subsection shall not apply to
conclusive and shall take effect in accordance with replacements of lawfully existing tracks.
the provisions of this Act, upon repeal or otherwise.
(e) Hereafter to issue any stock or stock
(c) To refuse or neglect, when requested by the certificates representing an increase of
Director of Posts or his authorized representative, to capital; or issue any share of stock without
carry public mail on the regular trips of any public par value; or issue any bonds or other
land transportation service maintained or operated evidence of indebtedness payable in more
by any such public service; upon such terms and than one year from the issuance thereof,
conditions and for a consideration in such amount as provided that it shall be the duty of the
may be agreed upon between the Director of Posts Commission, after hearing, to approve any
and the public service carrier of fixed by the such issue maturing in more than one year
Commission in the absence of an agreement from the date thereof, when satisfied that
between the Director of Posts and the carrier. In the same is to be made in accordance with
case the Director of Posts and public service carrier law, and the purpose of such issue be
are unable to agree on the amount of the approved by the Commission. (f) To
compensation to be paid for the carriage of the mail, capitalize any franchise in excess of the
the Director of Posts shall forthwith request the amount, inclusive of any tax or annual
Commission to fix a just and reasonable charge, actually paid to the Government of
compensation for such carriage and the same shall the Philippines or any political subdivision
be promptly fixed by the Commission in accordance thereof as the consideration of said
with Section sixteen of this Act. franchise; capitalize any contract for
consolidation, merger or lease, or issue any
Section 20. Acts requiring the approval of the bonds or other evidence of indebtedness
Commission. - Subject to established limitations and against or as a lien upon any contract for
exceptions and saving provisions to the contrary, it consolidation, merger, or lease: Provided,
shall be unlawful for any public service or for the however, that the provisions of this section
owner, lessee or operator thereof, without the shall not prevent the issuance of stock,
approval and authorization of the Commission bonds, or other evidence of indebtedness
previously had - subject to the approval of the Commission
by any lawfully merged or consolidated
(a) To adopt, establish, fix, impose, public services not in contravention of the
maintain, collect or carry into effect any provisions of this section.
individual or joint rates, commutation,
mileage or other special rate, toll, fare, (g) To sell, alienate, mortgage, encumber or
charge, classification or itinerary. The lease its property, franchises, certificates,
Commission shall approve only those that privileges, or rights or any part thereof; or
are just and reasonable and not any that merge or consolidate its property,
are unjustly discriminatory or unduly franchises privileges or rights, or any part
preferential, only upon reasonable notice to thereof, with those of any other public
the public services and other parties service. The approval herein required shall
concerned, giving them a reasonable be given, after notice to the public and
opportunity to be heard and the burden of hearing the persons interested at a public
the proof to show that the proposed rates hearing, if it be shown that there are just
or regulations are just and reasonable shall and reasonable grounds for making the
be upon the public service proposing the mortgaged or encumbrance, for liabilities of
same. more than one year maturity, or the sale,
alienation, lease, merger, or consolidation
(b) To establish, construct, maintain, or to be approved, and that the same are not
operate new units or extend existing detrimental to the public interest, and in
facilities or make any other addition to or case of a sale, the date on which the same
general extension of the service. is to be consummated shall be fixed in the
order of approval: Provided, however, that
nothing herein contained shall be construed
(c) To abandon any railroad station or stop
to prevent the transaction from being
the sale of passenger tickets, or cease to
negotiated or completed before its
maintain an agent to receive and discharge
approval or to prevent the sale, alienation,
freight at any station now or hereafter
or lease by any public service of any of its
established at which passenger tickets are
property in the ordinary course of its
now or may hereafter be regularly sold, or
business.
at which such agent is now or may
hereafter be maintained, or make any
permanent change in its time tables or (h) To sell or register in its books the
itineraries on any railroad or in its service. 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 empowered to impose such fine, after due notice
public service. Any transfer made in and hearing.
violation of this provision shall be void and
of no effect and shall not be registered in The fines so imposed shall be paid to the
the books of the public service corporation. Government of the Philippines through the
Nothing herein contained shall be Commission, and failure to pay the fine in any case
construed to prevent the holding of shares within the same specified in the order or decision of
lawfully acquired. (As amended by Com. Act the Commission shall be deemed good and sufficient
No. 454.) reason for the suspension of the certificate of said
public service until payment shall be made. Payment
(i) To sell, alienate or in any manner may also be enforced by appropriate action brought
transfer shares of its capital stock to any in a court of competent jurisdiction. The remedy
alien if the result of that sale, alienation, or provided in this section shall not be a bar to, or
transfer in itself or in connection with affect any other remedy provided in this Act but
another previous sale shall be the reduction shall be cumulative and additional to such remedy or
to less than sixty per centum of the capital remedies.
stock belonging to Philippine citizens. Such
sale, alienation or transfer shall be void and Section 22. Observance of the orders, decisions, and
of no effect and shall be sufficient cause for regulations of the Commission and of the terms and
ordering the cancellation of the certificate. conditions of any certificate may also be enforced by
mandamus or injunction in appropriate cases, or by
(j) To issue, give or tender, directly or action to compel the specific performance of the
indirectly, any free ticket free pass or free orders, decisions, and regulations so made, or of the
or reduced rate of transportation for duties imposed by law upon such public service:
passengers, except to the following Provided, that the Commission may compromise any
persons: (1) officers, agents, employees, case that arise under this Act in such manner and for
attorneys, physicians and surgeons of said such amount as it may deem just and reasonable.
public service, and members of their
families; (2) inmates of hospitals or charity Section 23. Any public service corporation that shall
institutions, and persons engaged in perform, commit, or do any act or thing forbidden or
charitable work; (3) indigent, destitute, and prohibited or shall neglect, fail or omit to do or
homeless persons when transported by perform any act or thing herein to be done or
charitable societies or hospitals, and the performed, shall be punished by a fine not exceeding
necessary agents employed in such twenty-five thousand pesos, or by imprisonment not
transportation; (4) the necessary exceeding five years, or both, in the discretion of the
caretakers, going and returning, of court.
livestock, poultry, fruit, and other freight
under uniform and non-discriminatory Section 24. Any person who shall knowingly and
regulation; (5) employees of sleeping car willfully perform, commit, or do, or participate in
corporations, express corporations and performing, committing, or doing, or who shall
telegraph and telephone corporations, knowingly and willfully cause, participate, or join
railway and marine mail service employees, with others in causing any public service corporation
when traveling in the course of their official or company to do, perform or commit, or who shall
duly; (6) post-office inspectors, customs advice, solicit, persuade, or knowingly and willfully
officers and inspectors, and immigration instruct, direct, or order any officer, agent, or
inspectors when engaged in inspection; (7) employee of any public service corporation or
witnesses attending any legal investigation company to perform, commit, or do any act or thing
in which the public service is an interested forbidden or prohibited by this Act, shall be
party; (8) persons injured in accidents or punished by a fine not exceeding two thousand
wrecks, and physicians and nurses pesos, or imprisonment not exceeding two years, or
attending such persons; (9) peace officers both, in the discretion of the court: Provided,
and men of regularly constituted fire however, that for operating a private passenger
departments. (As amended by Com. Act No. automobile as a public service without having a
454.) certificate of public convenience for the same the
offender shall be subject to the penalties provided
(k) Adopt, maintain, or apply practices or for in section sixty-seven (j) of Act numbered thirty-
measures, rules or regulations to which the nine hundred an ninety-two.
public shall be subject in its relations with
the public service. Section 25. Any person who shall knowingly and
willfully neglect, fail, or omit to do or perform, or
CHAPTER IV who shall knowingly and willfully cause or join or
PENALTIES FOR VIOLATIONS participate with others in causing any public service
corporation or company to neglect, fail or omit to do
Section 21. Every public service violating or failing to or perform, or who shall advise, solicit, or persuade,
comply with the terms and conditions of any or knowingly and willfully instruct, direct, or order
certificate or any orders, decisions or regulations of any officer, agent, or employee of any public service
the Commission shall be subject to a fine of not corporation or company to neglect, fail, or omit to
exceeding two hundred pesos per day for every day do any act or thing required to be done by this Act,
during which such default or violation continues; and shall be published by a fine not exceeding two
the Commission is hereby authorized and
thousand pesos or by imprisonment not exceeding (3) One public service corporation cannot
two years, or both, in the discretion of the court. assume the name and be substituted in the
place of another public service corporation.
Section 26. Any person who shall destroy, injure, or
interfere with any apparatus or appliance owned or (4) A legal representative of the estate of a
operated by to in charge of the Commission or its deceased applicant may be substituted for
agents, shall be deemed guilty of a misdemeanor the latter. If the right consists in the
and upon conviction shall be published by a fine not prosecution of unfinished proceedings upon
exceeding one thousand pesos or imprisonment not an application for a certificate of public
exceeding six months, or both in the discretion of convenience of the deceased before the
the court. Public service Commission, it is but logical
that the legal representative be empowered
Any public service permitting the destruction, injury and entitled in behalf of the estate to make
to, or interference with, any such apparatus or the right effective in that proceeding.
appliances shall forfeit a sum not exceeding four
thousand pesos for each offense. (5) One who has been granted a legislative
franchise to operate an ice plant, although
Section 27. This Act shall not have the effect to not yet an operator of such public utility,
release or waive any right of action by the has sufficient interest or personality either
Commission or by any person for any right, penalty, to oppose an established operator's
or forfeiture which may have arisen or which may application for an increase in the capacity of
arise, under any of the laws of the Philippines, and his existing plant, or to ask for a joint
any penalty or forfeiture enforceable under this Act hearing of said application and the
shall not be a bar to or affect a recovery for a right, grantee's own application for the issuance
or affect or bar any criminal proceedings against any of a certificate of public convenience in
public service or person or persons operating such order to operate under such franchise.
public services, its officers, directors, agents, or
employees. (6) The fact that a party is the lessee of a
line does not bar him from applying for a
Section 28. Violations of the orders, decisions, and certificate of its own in the same line. Even
regulations of the Commission and of the terms and in cases where the owner of a certificate
conditions of any certificate issued by the has sold it subject to the condition that he
Commission shall prescribe after sixty days, and would not apply for a similar service on the
violations of the provisions of this Act shall prescribe same line sold by him, it has been held that
after one hundred and eighty days. such an argument does not bar the seller
from applying and that the Public Service
CHAPTER V Commission, if it finds that there is public
PROCEDURE AND REVIEW need for the new service applied for, may
properly grant the certificate requested. In
other words the primary consideration is a
Section 29. All hearings and investigations before
finding by the Commission that public
the Commission shall be governed by rules adopted
interest and convenience require a given
by the Commission, and in the conduct thereof the
service and that parties may not by
Commission shall not be bound by the technical
agreement deprive the Commission of its
rules of legal evidence: Provided, That the Public
power.
Service Commissioner or associate commissioners
may summarily punish for contempt by a fine not
exceeding two hundred pesos or by imprisonment (7) A case involving the grant of a Certificate
not exceeding ten days, or both, any person guilty of of Public Convenience to the respondent
misconduct in the presence of the Commissioner or becomes moot and academic where the
associate commissioners or so near the same as to respondent ceases to be a bus operator,
interrupt the hearing or session or any proceeding and it should be dismissed.
before them, including cases in which a person
present at a hearing, session, or investigation held Section 30. (a) The Commission may issue
by either of the commissioners refuses to be sworn subpoenas and subpoenas duces tecum, for
as a witness or to answer as such when lawfully witnesses in any matter or inquiry pending before
required to do so. To enforce the provisions of this the Commission and require the production of all
section, the Commission may, if necessary, request books, papers, tariffs, contracts, agreements, and all
the assistance of the municipal police for the other documents, which the Commission may deem
execution of any order made for said purpose. necessary in any proceeding. such process shall be
issued under the seal of the Commission, signed by
(1) While the Commission is authorized to one of the Commissioners or by the secretary, and
make rules for the conduct of their may be served by any person of full age, or by
business, it could not set at naught the registered mail. In case of disobedience to such
fundamental rule of all proceedings that subpoena, the Commission may invoke the said of
only parties having a real interest will be the Supreme Court or of any Court of First Instance
heard. of the Philippines in requiring the attendance and
testimony of witness and the production of books,
papers, and documents under the provisions of this
(2) A party not affected or prejudiced
chapter, and the Supreme Court, or any Court of
cannot file an opposition.
First Instance of the Philippines within the
jurisdiction of which such inquiry is carried on, may or evidence required of him may tend to incriminate
in case of contumacy of refusal to obey a subpoena, him. Without the consent of the interested party no
issue to any public service subject to the provisions member or employee of the Commission shall be
of this Act, or to any person, an order requiring such compelled or permitted to give testimony in any civil
public service or other person to appear before the suit to which the Commission is not a party, with
Commission and produce and papers if so ordered regard to secrets obtained by him in the discharge of
and give evidence touching the matter; and any his official duty.
failure to obey such order of the court may be
punished by such court as a contempt thereof. Section 32. The Commission may, in any
investigation or hearing, by its order in writing cause
(b) Any person who shall neglect or refuse the deposition of witnesses residing within or
to answer any lawful inquiry or produce the without the Philippines to be taken in the manner
Commission books, paper, tariffs, contracts, prescribed by the Rules of Court. Where witnesses
agreements, and documents or other things reside in places distant from Manila and it would be
called for by said Commission, if in his inconvenient and expensive for them to appear
power to do so, in obedience to the personally before the Commission, the Commission
subpoena or lawful inquiry of the may, by proper order, commission any clerk of the
Commission, upon conviction thereof by a Court of First Instance, municipal judge or justice of
court of competent jurisdiction, shall be the peace of the Philippines to take the deposition of
punished by a fine not exceeding five witnesses in any case pending before the
thousand pesos or by imprisonment not Commission. It shall be the duty of the official so
exceeding one year, or both, in the commissioned, to designated promptly a date or
discretion of the court. dates for the taking of such deposition, giving timely
notice to the parties, and on said date to proceed to
(c) The Commissioner and associate take the deposition, reducing it to writing. After the
commissioners, the chiefs of divisions, the depositions have been taken, the official so
attorneys of the Commission, and the commissioned shall certify to the depositions taken
deputy secretaries shall have the power to and forward them as soon as possible to the
administer oaths in all matters under the Commission. It shall be the duty of the respective
jurisdiction of the Commission. parties to furnish stenographers for taking and
transcribing the testimony taken. in case the are no
(d) Any person who shall testify falsely or stenographers available, the testimony shall be
make any false affidavit or oath before the taken in long hand by such person as the clerk of
Commission or before any of its members court, the municipal judge or justice of the peace
shall be guilty of perjury, and upon may designate. The Commission may also
conviction thereof in a court of competent commission a notary public to take the depositions
jurisdiction, shall be punished as provided in the same manner herein provided.
by law.
The Commission may also, by proper order,
(e) Witnesses appearing before the authorize any of the attorneys of the legal division or
Commission in obedience to subpoena or division chiefs of the Commission, if they be lawyers,
subpoena duces tecum, shall be entitled to to hear and investigate any case filed, with the
receive the same fees and mileage Commission and in connection therewith to receive
allowance as witnesses attending Courts of such evidence as may be material thereto. At the
First Instance in civil cases. conclusion of the hearing or investigation, the
attorney or division chief so authorized shall submit
the evidence received by him to the Commission to
(f) Any person who shall obstruct the
enable the latter to render its decision. (As amended
Commission or either of the Commissioners
by Rep. Act No. 723.)
while engaged in the discharge of Official
duties, or who shall conduct himself in a
rude, disrespectful or disorderly manner Section 33. Every order made by the Commission
before the Commission or either of the shall be served upon the person or public service
Commissioners, while engaged in the affected thereby, within ten days from the time said
discharge of official duties, or shall orally or order is filed by personal delivery or by ordinary
in writing be disrespectful to, offend or mail, upon the attorney of record, or in case there
insult either of the Commissioners on be no attorney of record, upon the party interested;
occasion or by reason of the performance and in case such certified copy is sent by registered
of official duties, upon conviction thereof by mail, the registry mail receipt shall be prima facie
a court of competent jurisdiction, shall be evidence of the receipt of such order by the public
punished for each offense by a fine not service in due course of mail. All orders of the
exceeding one thousand pesos, or by Commission to continue an existing service or
imprisonment not exceeding six months, or prescribing rates to be charged shall be immediately
both, in the discretion of the court. operative; all other orders shall become effective
upon the dates specified thereon: Provided,
however, that orders, resolutions or decisions in
Section 31. No person shall be excused from
converted matters and not referring to the
testifying or from producing any book, document, or
continuance of an existing service or prescribing
paper in any investigation or inquiry by or upon the
rates to be charged shall not be effective unless
hearing before the Commission, when ordered so to
otherwise provided by the Commission, and shall
do by said Commission, except when the testimony
take effect thirty days after notice to the parties.
Section 34. Any interested party may request the functions hereinafter specified. The People's Counsel
reconsideration of any order, ruling, or decision of and his assistants shall be appointed by the
the Commission by means of a petition filed not later President of the Philippines with the consent of the
than fifteen days after the date of the notice of the commission on appointments of the Congress of the
order, ruling, or decision in question. The grounds on Philippines. The employees of the office of the
which the request for reconsideration is based shall People's Counsel shall be appointed by the Secretary
be clearly and specifically stated in the petition. of Justice upon recommendation of the People's
Copies of said petition shall be served on all parties Counsel.
interested in the matter. It shall be the duty of the
Commission to call a hearing to decide the same The People's Counsel and his assistants shall posses
promptly, either denying the petition or revoking or the qualifications of a provincial fiscal. The People's
modifying the order, ruling or decision under Counsel shall receive compensation at the rate of
consideration. seven thousand two hundred pesos per annum, and
the first and second assistant's People's Counsel, at
Section 35. The Supreme Court is hereby given the rate of six thousand pesos per annum each.
jurisdiction to review any order, ruling, or decision of
the Commission and to modify or set aside such The People's Counsel, his assistants, and the
order, ruling, or decision when it clearly appears that employees of the Office of the People's Counsel shall
there was no evidence before the Commission to not, during their continuance in office, intervene
support reasonably such order, ruling, or decision, or directly or indirectly in the management or control
that the same is contrary to law, or that it was of, or be financially interested directly or indirectly in
without the jurisdiction of the Commission. The any public service as defined in this Act.
evidence presented to the Commission, together
with the record of the proceedings before the It shall be the duty of the People's Counsel (1) to
Commission, shall be certified by the secretary of the institute proceedings before the Commission, in
Commission to the Supreme Court. Any order, ruling, behalf of the public, for the purpose of fixing just
or decision of the Commission may likewise be and reasonable rates or charges to be followed and
reviewed by the Supreme Court upon a writ of observed by public services as herein defined,
certiorari in proper cases. The procedure for review, whenever he has reason to believe that the existing
except as herein provided, shall be prescribed by rates or charges of such public services are unjust
rules of the Supreme Court. and unreasonable or unjustly discriminatory; (2) to
represent and appear for the public before the
Section 36. Any other, ruling, or decision of the may Commission or any court of the Philippines in every
be reviewed on the application of any person or case involving the interest of users of the products
public service affected thereby, by certiorari in of, or service furnished by any public service under
appropriate cases, or by petition, to be known as the jurisdiction of the Commission; (3) to represent
petition for review, which shall be filed within thirty and appear for petitioners appearing before the
days from the notification of such order, ruling or Commission for the purpose of complaining in
decision, or in case of a petition is filed in matters of the rates and services; (4) to investigate
accordance with the preceding section for the the service given by the rates charged by, and the
reconsideration of such order, ruling or decision and valuation of the properties of the public services
the same is denied it shall be filed within fifteen days under the jurisdiction of the Commission, and such
after notice of the order denying reconsideration. other matters relating to said public services as
Said petition shall be placed on file in the office of affect the interests of users of the products or
the Clerk of the Supreme Court who shall furnish service thereof, and to take all the steps necessary
copies thereof to the Secretary of the Commission for the protection of the interests of the person or
and other parties interested. persons or of the public affected thereby. In
connection with such investigation he is hereby
Section 37. The institution of a writ of certiorari or empowered to issue subpoena or subpoena duces
other special remedies in the Supreme Court shall in tecum.
no case supersede or stay any order, ruling or
decision of the Commission, unless the Supreme The People's Counsel is authorized to call upon and
Court shall so direct, and the appellant may be obtain such assistance as he may deem necessary in
required by the Supreme Court to give bond in such the performance of his duties from any officer or
form and of such amount as may be deemed proper. employee of any department, bureau, office, agency,
or instrumentality of the government including
Section 38. The chief of the legal division or any corporations owned, controlled or operated by the
other attorneys of the Commission shall represent government. (As amended by Rep. Act No. 178.)
the same in all judicial proceedings. It shall be the
duty of the Solicitor General to represent the Section 39. Any preceding in any court of the
Commission in any judicial proceedings if, for special Philippines directly affecting an order of the
reason, the Commissioner shall request his Commission or to which the Commission is a party,
intervention. shall have preference over all other civil proceedings
pending in such court, except election cases.
There is hereby created under the administrative
supervision of the Secretary of Justice an office to be CHAPTER VI
known as the Office of the People's Counsel in the FEES
Public Service Commission. The people's Counsel
shall have two assistants and such number of
employees as may be necessary to perform the
Section 40. The Commission is authorized and less than three tons gross
ordered to charge and collect from any public transportation capacity, twenty
service or applicant, as the case may be, the pesos.
following fees as reimbursement of its expenses in
the authorization, supervision and/or regulation of (4) For each motor vehicle, truck,
public services: or trailer of three tons or more but
less than four tons gross
(a) The charge of fifty pesos for the transportation capacity, thirty
registration of: pesos.

(1) Applications under the (5) Motor vehicles, trucks, trailers


provisions of Section sixteen (a), or buses of four tons or more gross
(b), (c), and (d), and twenty (a), (b) capacity shall pay at the rate of ten
(c), (e), (f), and (h): Provided pesos per ton gross. The fees
however, That in case of provided in paragraphs (d) and (e)
transportation services an hereof shall be paid on or before
additional filing fee of five pesos September thirtieth of each year
shall be charged for each with a penalty of fifty per centum
additional unit or vehicle in excess in case of delinquency: Provided,
of five units or vehicles applied for: further, That if the fees or any
And provided, finally, That no filing balance thereof are not paid within
fee shall be collected for the sixty days from the said date, the
reduction of rates if the same does penalty shall be increased by one
not alter or modify in any way the per centum for every month
basic rates of the schedule. thereafter of delinquency:
Provided, however, That motor
(2) Applications for the approval or vehicles registered in the Motor
modification of maximum rates Vehicles Office after September
under Section fourteen. thirtieth shall be exempt from
payment for said year.
(b) Thirty pesos shall be collected from any
operator of land transportation for the (e) For annual reimbursement of the
registration of: expenses incurred by the Commission in the
supervision of other public services and/or
(1) Applications under Section in the regulation or fixing of their rates,
seventeen (f). twenty centavos for each one hundred
pesos or fraction thereof, of the capital
stock subscribed or paid, or if no shares
(2) Applications for the extension
have been issued, of the capital invested, or
of time covering a period of thirty
of the property and equipment, whichever
days for the registration of motor
is higher.
vehicles previously authorized by
the Commission.
(f) For the issue or increase of capital stock,
twenty centavos for each one hundred
(c) The charge of thirty pesos for the filing
pesos or fraction thereof, of the increased
of other applications by any public service
capital.
operator not specifically provided for in the
preceding paragraphs of this section other
than motions of a temporary or incidental (g) For each permit authorizing the increase
character: Provided, however, That fifteen of equipment, the installation of new units
pesos only shall be collected for each or authorizing the increase of capacity. or
certificate of public convenience or the extension of means or general
certificate of public convenience and extension in the services, twenty centavos
necessity in diploma form issued to a public for each one hundred pesos or fraction of
service operator. the additional capital necessary to carry out
the permit.
(d) For annual reimbursement of the
expenses incurred by the Commission for (h) For the inspection or certification made
the supervision and regulation of the in the meter laboratory of the Commission
operations of motor vehicle services: or each apparatus or meter used by any
public service, four pesos, and for
examination made outside the meter
(1) For each automobile, ten pesos.
laboratory of the Commission, the
additional expenses as may be incurred in
(2) For each motor vehicle, truck,
making the examination shall also be paid.
or trailer of less than two tons
gross transportation capacity, ten
(i) For certification of copies of official
pesos.
documents in the files of the Commission,
fifty centavos plus fifty centavos for each
(3) For each motor vehicle, truck,
page or folio so certified.
or trailer of two tons or more, but
This section shall not be applicable to the Republic of Section 45. If, any reason, any section, subsection,
the Philippines, nor to its instrumentalities. sentence, clauses or terms of this Act is held to the
unconstitutional such decision shall not affect the
Aside from the appropriations for the Commission validity of the other provisions of this Act.
under the annual General Appropriation Act, any
unexpended balance of the fees collected by the Section 46. Act numbered thirty-two hundred and
Commission under this section shall be constituted forty-seven and Act numbered thirty-five hundred
receipts automatically appropriated each year, and and eighteen shall continue in force and effect; but
together with any surplus in the standardizing meter all provisions of Act numbered thirty-one hundred
laboratory revolving fund under Commonwealth Act and eight and amendments thereof, and all other
Numbered Three hundred forty-nine, shall be acts or parts or acts inconsistent with the provisions
disbursed by the Public Service Commissioner in of this Act are hereby repealed.
accordance with special budgets to be approved by
the Department of Justice, the Budget Commission Section 47. This Act shall take effect upon its
and the Office of the President of the Philippines for approval.
additional needed personal services, maintenance
and operating expenses, acquisition of urgently Approved: November 7, 1936
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.

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