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REPUBLIC ACT NO. 3792 - AN ACT TO
AMEND SECTIONS FOUR, FIVE, SIX, TEN, AND FORTY OF COMMONWEALTH ACT
NUMBERED ONE HUNDRED FORTY-SIX, AS AMENDED, OTHERWISE KNOWN AS THE
PUBLIC SERVICE ACT, AND FOR OTHER PURPOSES
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Section
1. Section four of Commonwealth Act Numbered One
Hundred Forty-Six, otherwise known as the Public Service Act, as
amended by Republic Act Numbered Twenty-Six Hundred and Seventy-Seven,
is hereby further amended to read as follows:
"Sec.
4. The Public Service Commissioner shall
receive an annual compensation of thirteen thousand pesos; and each of
the Associate Commissioners an annual compensation of twelve thousand
pesos. The Commissioners shall be assisted by one chief attorney, one
finance and rate regulation officer, one chief utilities regulation
engineer, one chief accountant, one transportation regulation chief,
one secretary of the Public Service Commission, and three public
utilities advisers who shall receive an annual compensation of not less
than ten thousand eight hundred pesos each; five assistant chiefs of
division who shall receive an annual compensation of not less than nine
thousand six hundred pesos each; twelve attorneys who shall receive an
annual compensation of not less than nine thousand pesos each; and a
technical and confidential staff to be composed of two certified public
accounts, two electrical engineers, two mechanical or communication
engineers, and two special assistants who shall receive an annual
compensation of not less than seven thousand two hundred pesos each."
Sec. 2. Section five of the same Act is hereby amended to read as follows: "Sec.
5. The Public Service Commissioner, the
Associate Public Service Commissioners, and all other officers and
employees of the Public Service Commission shall enjoy the same
privileges and rights as the officers and employees of the classified
civil service of the Government of the Philippines. They shall also be
entitled to receive from the Government of the Philippines their
necessary traveling expenses while traveling on the business of the
Commission, which shall be paid on proper voucher therefor, approved by
the Secretary of Justice, out of funds appropriated for the contingent
expenses of the Commission.
"When
the exigency of the service so requires, and with the approval of
the Secretary of Justice, and subject to the provisions of Commonwealth
Act Numbered Two Hundred Forty-Six, as amended, funds may be set aside
from the appropriations provided for the Commission and/or from the
fees collected under Section forty of this Act to defray the expenses
to be incurred by the Public Service Commissioner or any of the
Associate Commissioners, officers or employees of the Commission to be
designated by the Commissioner, with the approval of the Secretary of
Justice, in the study of modern trends in supervision and regulation of
public services."
Sec. 3. Section six of the same Act, as amended by Republic Act Numbered One hundred seventy-eight, is further amended to read as follows: "Sec.
6. The Secretary of Justice, upon
recommendation of the Public Service Commissioner, shall appoint all
subordinate officers and employees of the Commission as may be provided
in the Appropriation Act. The Public Service Commissioner shall have
general executive control, direction, and supervision over the work of
the Commission and of its members, body and personnel, and over all
administrative business."
Sec. 4. Section ten of the same Act, as amended by Republic Act Numbered Twenty-six hundred and seventy-seven, is hereby further amended to read as follows: "Sec.
10. The Commission shall have its office in the
City of Manila or at such other place as may be designated, and may
hold hearings on any proceedings at such times and places, within the
Philippines, at it may provide by order in writing: Provided, That
during the months of April and May of each year, at least three
Commissioners shall be on vacation in such manner that once every two
years at least three of them shall be on duty during April and May:
Provided, however, That in the interest of public service, the
Secretary of Justice may require any or all of the Commissioners not on
duty to render services and perform their duties during the vacation
months."
Sec. 5. Section forty of the same Act, as amended by Commonwealth Act Numbered Four hundred fifty-four, is hereby further amended to read as follows: "Sec.
40. The Commission is authorized and ordered to
charge and collect from any public service or applicant, as the case
may be, the following fees as reimbursement of its expenses in the
authorization, supervision and/or regulation of public services:
"(a)
The charge of fifty pesos for the registration
of:
"(1)
Application under the provisions of Sections
sixteen (a), (b), (c), and (d), and twenty (a), (b), (c), (e), (f),
(g), and (h): Provided, however, That in case of transportation
services, an additional filing fee of five pesos shall be charged for
each additional unit or vehicle in excess of five units or vehicles
applied for: And provided, finally, That no filing fee shall be
collected for the reduction of rates if the same does not alter or
modify in any way the basic rates of the schedule.
"(b)
Thirty pesos shall be collected from any
operator of land transportation for the registration of; "(2) Applications for the approval or modification of maximum rates under Section fourteen. "(1)
Applications under Section seventeen (f).
"(2) Applications for the extension of time covering a period of thirty days for the registration of motor vehicles previously authorized by the Commission. "(c) The charge of thirty pesos for the filling of other applications by any public service operator not specifically provided for the preceding paragraphs of this section other than motions of a temporary or incidental character; Provided, however, That fifteen pesos only shall be collected for each certificate of public convenience or certificate of public convenience and necessity in diploma form issued to a public service operator. "(d) For annual reimbursement of the expenses incurred by the Commission for the supervision and regulation of the operations of motor vehicle services: "(1)
For each automobile, ten pesos.
"The
fees provided in paragraphs (d) and (e) hereof shall be paid on or
before September thirtieth of each year with a penalty of fifty per
centum in case of delinquency: Provided, further, That if the fees or
any balance thereof are not paid within sixty days from the said date,
the penalty shall be increased by one per centum for every month
thereafter of delinquency: Provided, however, That motor vehicles
registered in the Motor Vehicles Office after September thirtieth shall
be exempt from payment for said year."(2) For each motor vehicle, truck, or trailer of less than two tons gross transportation capacity, ten pesos. "(3) For each motor vehicle, truck, or trailer of two tons or more, but less than three tons gross transportation capacity, twenty pesos. "(4) For each motor vehicle, truck, or trailer of three tons or more but less than four tons gross transportation capacity, thirty pesos. "(5) Motor vehicles, trucks, trailers or buses of four tons or more gross capacity shall pay at the rate of ten pesos per ton gross. "(e) For annual reimbursement of the expenses incurred by the Commission in the supervision of other public services and/or in the regulation or fixing of their rates, twenty centavos for each one hundred pesos or fraction thereof, of the capital stock subscribed or paid, or if no shares have been issued of, the capital invested, or of the property and equipment whichever is higher. "(f) For the issue or increase of capital stock, twenty centavos for each one hundred pesos or friction thereof, of the increased capital. "(g) For each permit authorizing the increase of equipment, the installation of new units authorizing the increase of capacity, or the extension of means or general extensions in the services, twenty centavos for each one hundred pesos or fraction of the additional capital necessary to carry out the permit. "(h) For the inspection or certification made in the meter laboratory of the Commission of each apparatus or meter used by any public service, four pesos, and for examination made outside the meter laboratory of the Commission, the additional expenses as may be incurred in making the examination shall also paid. "(i) For certification of copies of official documents in the files of the Commission, fifty centavos plus fifty centavos for each page or folio so certified. "This section shall not be applicable to the Republic of the Philippines, nor to its instrumentalities. "Aside from the appropriations for the Commission under the annual General Appropriation Act, any unexpended balance of the fees collected by the Commission under this section shall be constituted receipts automatically appropriated each year, and together with any surplus in the standardizing meter laboratory revolving fund under Commonwealth Act Numbered Three hundred forty-nine, shall be disturbed by the Public Service Commissioner in accordance with special budgets to be approved by the Department of Justice, the Budget Commission and the Office of the President of the Philippines for additional needed personal services, maintenance and operating expenses, acquisition of urgently needed vehicles, furniture and equipment, maintenance of an adequate reference library, acquisition of a lot and building for the Commission, and other expenses necessary for efficient administration and effective supervision and regulation of public services." Sec. 6. In addition to the sums to be appropriated for the Commission under the General Appropriation Act for the fiscal year following the approval of this Act, the sum of one hundred and fifty thousand pesos, or so much thereof as may be necessary, is hereby appropriated, out of any funds in the National Treasury not otherwise appropriated, for carrying out the provisions of this Act; Provided, however, That any savings in the appropriation of the Commission for the current fiscal year may also be used for this purpose. Thereafter, the same sum or so much as may be necessary shall be included in the appropriation for the Commission in subsequent annual General Appropriation Acts. Sec. 7. If any part, section or provision of this Act shall be held invalid or unconstitutional, no other part, section or provision thereof shall be affected thereby. Sec. 8. This Act shall take effect upon its approval. Approved: June 22, 1963. |


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