Under what critical conditions can the State take over privately owned public utilities?
The State possesses the extraordinary power to intervene in private businesses during severe crises. This takeover can only happen in times of national emergency and when the public interest strictly requires it. During the emergency, the State may temporarily take over or direct the operation of privately owned public utilities. This intervention must be conducted under reasonable terms prescribed by the State, as governed by Article XII, Section 17, 1987 Philippine Constitution. “In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.” 22-Mar-26About Nicolas and De Vega Law Offices
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