The Senate must also reject the amendments to the Public Service Act, which allows aliens and foreign corporations to own and operate public utilities previously reserved for Filipino citizens or corporations.

A prior constitutional amendment is necessary and indispensable.

HB 5828 ostensibly provides for a statutory definition of a public utility but is actually a subterfuge to allow foreigners to own public utility enterprises without complying with the citizenship requirement imposed by the Constitution.

It has deleted the requisite Filipino ownership requirement of public utilities under the Public Service Act, which is identical with Section 11 of Article XII of the Constitution.

In its definition of a public utility, HB 5828 deliberately deleted the concept of ownership and limited the definition to the operation, management and control of public utilities even as there can be no operation, management or control without a qualified owner.

The bill also deletes from the enumeration of public utilities traditional public utilities like common carriers and telecommunications companies which are presently operating with controlling Filipino ownership.

EDCEL C. LAGMAN