Philippine Bar review · Question

Practice question: Public Service as Public Utility

Multiple Choice Hard

Practice question

An administrative agency declares a nonlisted service a public utility solely by circular, without a subsequent law. The operator asks whether the agency’s label alone expands section 13(d). Which is best?
  1. Every agency label automatically amends the list
  2. Only market popularity matters
  3. The Act says no other person is deemed a public utility unless subsequently provided by law; the recommendation process is not unilateral agency lawmaking
  4. All public services automatically remain utilities regardless of text
  5. A private contract can expand the statutory list

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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