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Philippine Bar review · Question

Practice question: Requisites and Limitations on Franchises

Multiple Choice Hard

Practice question

A public service is stipulated not to fall within RA 11659's public-utility classification. A separate existing law nevertheless requires an operating authorization and validly delegates issuance to an administrative agency. The operator argues that removal from the public-utility category abolished every franchise or certificate requirement and every form of supervision. What is the best assessment?
  1. The operator is automatically correct.
  2. The conclusion does not follow; RA 11659 preserves applicable authorization arrangements and continued regulation of public services.
  3. Only public utilities may ever be regulated.
  4. Every authorization must now come from a private association.
  5. RA 11659 repealed every sector-specific law regardless of its terms.

Legal references

  • Republic Act No. 11659, section 4 amending Commonwealth Act No. 146, section 13, https://lawphil.net/statutes/repacts/ra2022/ra_11659_2022.html

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