Philippine Bar review · Question

Practice question: Investigative, Factfinding, Licensing, and Rate-fixing Powers

Multiple Choice Hard

Practice question

A regulator finally reduces only one utility's rates based on disputed factual findings in an audit. The utility is denied the audit findings and any meaningful opportunity to contest them. No lawful provisional-rate exception applies. The regulator argues that all rate fixing is purely legislative and therefore the individualized facts need no hearing. Under Vigan Electric, what is the best answer?
  1. The word rates automatically removes every hearing requirement
  2. Any audit is conclusive without disclosure or response
  3. Every utility rate must be set by Congress personally
  4. The individualized factual determination is quasi-judicial in the described setting and cannot dispense with the required notice and hearing
  5. The utility gains immunity from every future rate proceeding

Legal references

  • Vigan Electric Light Co., Inc. v. Public Service Commission, G.R. No. L-19850, January 30, 1964, main decision, individualized rate adjudication and hearing: https://lawphil.net/judjuris/juri1964/jan1964/gr_l-19850_1964.html

Answer this question in flashcards to review your response and continue practicing.