Practice question
An electricity-distribution operator is stipulated to be a public utility under RA 11659. It proposes an exclusive sixty-year franchise and appoints an alien as its managing officer. It argues that all restrictions disappeared because RA 11659 liberalized some public services. Which analysis is correct?
- Every public service is now free of every constitutional condition.
- RA 11659's treatment of other services removes all limits on electricity distribution.
- The stipulated public utility remains subject to the constitutional nonexclusivity, fifty-year maximum, and Filipino executive-and-managing-officer requirements.
- Only the title of the proposed franchise matters.
- The restrictions apply only if the operator consents.
Legal references
- 1987 Constitution, Article XII, section 11, https://lawphil.net/consti/cons1987.html
- 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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