Practice question
No applicable law requires a legislative franchise for a stipulated public service’s operation, though valid administrative authorization rules apply. An adviser claims RA 11659 itself creates a legislative-franchise requirement for every service without exception. Which response follows amended Section 13?
- The Act expressly disclaims creating a legislative-franchise requirement where the law does not require one
- Every public service automatically needs a new Act of Congress under all circumstances
- Administrative authorizations have all been abolished
- The operator is therefore exempt from every applicable rule
- A private shareholder may create a legislative franchise
Legal references
- RA 11659, March 21, 2022: https://lawphil.net/statutes/repacts/ra2022/ra_11659_2022.html; Section 4, amended CA 146 Section 13.
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