Deputy Speaker and AAMBIS-OWWA partylist Rep. Sharon Garin
“Likewise, the Court noted in National Power Corporation vs. Provincial Government of Bataan that: “… power generation is no longer considered a public utility operation,” she noted. HB 78 proposes to amend Commonwealth Act No. 146 that included the said sectors in the definition of what public utilities are. This definition of an antiquated law restricted foreign ownership of telecommunications, transportation, and power generation services to not over 40 percent as mandated by the 1987 Constitution.
“The burden of proof is on the petitioner to clearly demonstrate that the assailed statute is unconstitutional. This is particularly so as regards economic regulations as opposed to statutes which infringe upon fundamental rights,” Garin pointed out.
Sec. 1 of PD No. 666 was expressly repealed by Sec. 20, BP Blg. 391 and when BP Blg. 391 was subsequently repealed by EO 226, the latter law did not revive sec. 1 of PD No. 666. Therefore, the law that states that a shipyard is a public utility still stands.
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