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Unformatted text preview: facility must be necessary for the maintenance of life and occupation of the residents. As the name indicates, “public utility” implies public use and service to the public. (JG. Summit Holdings v. Court of Appeals, G.R. No. 124293, September 24, 2003) Q: Is a franchise required before one can own the facilities to operate a public utility? A: A franchise is not required before one can own the facilities needed to operate a public utility so long as it does not operate them to serve the public. (Tatad v. Garcia, G.R. No. 114222, April 6, 1995) Q: Is a shipyard a public utility? A: A shipyard is not a public utility. Its nature dictates that it serves but a limited clientele whom it may choose to serve at its discretion. It has no legal obligation to render the services sought by each and every client. (JG. Summit Holdings v. CA, G.R. No. 124293, September 24, 2003) POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. NATIONAL ECONOMY AND PATRIMONY Q: Can the government amend a radio or television franchise to grant free airtime to COMELEC? A: Yes, all broadcasting, whether by radio or television stations, is licensed by the Government. Radio and television companies do not own the airwaves and frequencies; they are merely given temporary privilege of using them. A franchise is a privilege subject to amendment, and the provision of BP 881 granting free airtime to the COMELEC is an amendment of the franchise of radio and television stations. (TELEBAP v. COMELEC, G.R. No. 132922, April 21, 1998) Q: May a foreigner who owns substantial stockholdings in a corporation engaged in the advertising indust...
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This document was uploaded on 03/12/2014.

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