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Ateneo 2007 Commercial Law

Ateneo 2007 Commercial Law

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Published by: Chapapa on Jan 30, 2009
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11/22/2015

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Freedom from Debt Coalition vs. ERC, 432 SCRA
157 (2004)

The powers of the Energy Regulation Commission
under the EPIRA law
1.

To regulate and fix the power rates to be
charged by electric companies;
2.

To issue CPCs for the operation of electric

power utilities; and
3.

To grant or approve provisional electric rates.

Freedom from Debt Coalition vs. ERC, 432 SCRA
157 (2004)

The following are the safeguards to protect the public
(even if ground to grant it exists):
1. Publication
2. Consumers affected are given an opportunity to
be heard
3. Increase is only provisional, and thus may be
modified or recalled anytime
4. ERC must prescribe a rate-setting methodology
“in the public interest” and “to promote efficiency”
5. ERC must conduct hearing on the propriety of the
grant within 30 days from the issuance of the
provisional order

THE PHILIPPINE FLAG CARRIERS LAW

When the government takes over a business affected
with public interest under Art. XII, S. 17 of the Const.,
it is not required to give compensation to the private
entity-owner as there is no transfer of business,
whether permanent or temporary, and the entity-
owner cannot likewise claim just compensation for
the use of the business and its properties as the
temporary takeover is not in the exercise of the
power of eminent domain [Agan, Jr. vs. Phil.
International Air Terminals Co., Inc., 402 SCRA 612
(2003)]

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