G.R.

Number 243 SCRA 436

Date of April 6, 1995

Promulgation

Petitioner Francisco S. Tatad, et al

Respondent Jesus B Garcia Jr, et al

Ponente Quiason, J

Doctrine/ Relevant
Topic Corporate Nationality: Public Utilities (Sec. 11, Art. XII, Constitution)

Facts DOTC planned to construct a light railway transit line along EDSA
(EDSA LRT III) to provide a mass transit system and alleviate the
congestion and growing transportation problem in the metropolis. RA
6957 was enacted allowing for the financing, construction and operation
of government projects through private initiative and investment.
Accordingly, prequalification and bidding was made and EDSA LRT
Corporation (organized under HK laws) was recommended to be
awarded with the contract. The President approved the awarding of the
contract. Petitioners are senators praying for the prohibition of
respondents from further implementing and enforcing the contract.

RTC Ruling Not specified

CA Ruling Not Specified

Issue/s Whether or not the EDSA LRT III, a public utility, can be owned by a
foreign corporation.

Ruling Yes.

The Constitution, in no uncertain terms, requires a franchise for the

operation of a public utility. However, it does not require a franchise
before one can own the facilities needed to operate a public utility so
long as it does not operate them to serve the public.

In law, there is a clear distinction between the “operation” of a public

utility and the ownership of the facilities and equipment used to serve
the public. Ownership is defined as a relation in law by virtue of which a
thing pertaining to one person is completely subjected to his will in
everything not prohibited by law or the concurrence with the rights of
another. The exercise of the rights encompassed in ownership is limited
by law so that a property cannot be operated and used to serve the
public as a public utility unless the operator has a franchise. The
operation of a rail system as a public utility includes the transportation
of passengers from one point to another point, their loading and
unloading at designated places and the movement of the trains at pre-
scheduled times.

In sum, private respondent will not run the light rail vehicles and collect
fees from the riding public. It will have no dealings with the public and
the public will have no right to demand any services from it. Even the
mere formation of a public utility corporation does not ipso facto
characterize the corporation as one operating a public utility. The
moment for determining the requisite Filipino nationality is when the
entity applies for a franchise, certificate or any other form of
authorization for that purpose.