Philippine Bar review · Question

Practice question: Public Service as Public Utility

Multiple Choice Medium Jurisprudence

Practice question

A passive owner leases equipment to a utility but is stipulated not to operate, manage or control a public service for public use. Does ownership of the equipment alone necessarily satisfy the amended public-utility definition?
  1. Yes; every equipment lessor automatically becomes the utility.
  2. Yes; the definition requires no public-service activity.
  3. No; because only government agencies can be utilities.
  4. Yes; one electricity bill makes every customer a utility.
  5. No; the statutory operation, management or control and public-service elements must be established.

Legal references

  • RA 11659, amending CA146, public-utility definition and national-security safeguards: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/94539
  • Signed March 20, 2023 implementing rules of RA11659, Sections 5-7 and 32-45: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/97017

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