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TRANSPORTATION I. - Coggle Diagram

- - - - D. THE PUBLIC SERVICE COMMISSION AND ITS SUCCESSORS
        
        E. WHETHER OR NOT A PUBLIC UTILITY
      - USE OF A PROPERTY BEARS A SOCIAL FUNCTION, AND
        1987 CONST, ART. XII, SECTION 6. The use of property bears a social function, and all economic agents shall contribute to the common good.
        Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands.
  - - - IF PROPERTY IS DEVOTED TO USE WITH A PUBLIC INTEREST, IT IS SUBMITTED TO PUBLIC'S CONTROL FOR THE COMMON GOOD
        When one devotes his property to a use with a public interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
        (Munn)
        
        SUCH GRANT MAY BE WITHDRAWN BY DISCONTINUING USE;
        He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he must submit to the control.
        (Munn)
        
        MONOPOLY = SUBJECT TO REGULATION
        If the property is used for a particular purpose and he has a monopoly in them for the purpose and he will take the benefit of that monopoly, he has a duty to limit himself to a reasonable compensation for the warehousing. (In Munn, regulating the grain trading did not amount to a deprivation of property without due process of law)
        
        PUBLIC UTILITY IS NOT DETERMINED BY...
        
        # OF PEOPLE ACTUALLY SERVED
        Public Utility, even where the term is not defined by statute, is not determined by the number of people actually served.
        
        RENDERED ONLY UNDER CONTRACT
        Nor does the mere fact that service is rendered only under contract prevent a company from being a public utility.
        (Luzon Stevedoring Co. Inc v. PSC)
        
        PROMOTE PUBLIC GOOD AND SERVE PUBLIC INTEREST
        The fact that a business offers services/goods which promote public good and serve public interest does not make it a public utility.
        
        CAUSAL/INCIDENTAL SEVICE DEVOID OF PUBLIC CHARACTER AND INTEREST IS NOT PUBLIC UTILITY
        On the other hand, causal or incidental service devoid of public character and interest is not brought within the category of public utility.
        (Luzon)
        
        DEPENDS ON THE CIRCUMSTANCES
        The demarcation line is not susceptible of exact description or definition, each being governed by its circumstance.
        (Luzon)
        
        UNDER PUBLIC SERVICE LAW, HOLDING ONE'S SELF OUT AS SERVING/WILLING TO SERVE NOT NECESSARY
        Under Sec. 13(b) of the Public service law, it is not necessary to hold one's self out as serving or willing to serve the public in order to be considered public service.
        (Luzon)
        
        PUBLIC UTILITY DEFINED (JG)
        A "public utility" is "a business or service engaged in regularly supplying the public with some commodity or service of public consequence such as electricity, gas, water, transportation, telephone or telegraph service."
        The facility must be necessary for the maintenance of life and occupation of the residents.
        Public utility = Public Use and Service to the public
        (JG Summit Holdings, Inc. v. CA)
        
        READINESS TO SERVE AN INDEFINITE PUBLIC + PUBLIC HAS A LEGAL RIGHT TO DEMAND AND RECEIVE ITS SERVICES AND COMMODITIES
        Principal determinative characteristic of a public utility: service to or readiness to serve an indefinite public w/c has a legal right to demand and receive its services and commodities.
        (JG Summit)
        
        PRIVATE ENTERPRISE vs PUBLIC UTILITY
        PRIVATE ENTERPRISE:
        INDEPENDENTLY DETERMINES WHOM IT WILL SERVE
        Private enterprise: independently determines whom it will serve;
        PUBLIC UTILITY:
        HOLDS ITSELF OUT GENERALLY + MAY NOT REFUSE SERVICE
        Public utility: holds out generally and may not refuse legitimate service for demand.
        (JG Summit)
        
        PUBLIC USE DEFINED (ILOILO ICE)
        Public use as defined in Iloilio Ice v. Public Utility Board:
        PUBLIC USE = NOT CONFINED TO PRIVILEGED INDIVIDUALS BUT OPEN TO INDEFINITE PUBLIC
        "Public use" means the same as "use by the public." The essential feature of the public use is that it is not confined to privileged individuals, but is open to the indefinite public. It is this indefinite or unrestricted quality that gives it its public character.
        In determining whether a use is public, we must look not only to the character of the business to be done, but also to the proposed mode of doing it.
        
        THERE MUST BE A RIGHT WHICH THE LAW COMPELS THE OWNER TO GIVE TO THE GENERAL PUBLIC
        If the use is merely optional with the owners, or the public benefit is merely incidental, it is not a public use, authorizing the exercise of jurisdiction of the public utility commission. There must be, in general, a right which the law compels the owner to give to the general public.
        
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      - SIR: Police power is still deemed as existing even if found in different administrative agencies.