Philippine Bar review · Question

Practice question: Public Service as Public Utility

Multiple Choice Hard

Practice question

A concessionaire wholly operates and controls a public-use electricity distribution system. It claims it cannot be a public utility because it does not own every physical asset. Which is correct?
  1. Ownership of every asset is indispensable
  2. The definition includes operation, management, or control, and expressly includes qualifying concessionaires
  3. Concessions are always excluded
  4. Only asset sellers can be utilities
  5. The system becomes private merely by calling it a concession

Legal references

  • https://lawphil.net/statutes/repacts/ra2022/ra_11659_2022.html — RA 11659, sections 2, 4 and 13 amending CA 146

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