Case Digest (G.R. No. L-9819)
Facts:
Fidel Del Rosario v. Public Service Commission and Juan Santos, G.R. No. L-9819, September 28, 1956, the Supreme Court En Banc, Reyes, J.B.L., J., writing for the Court.Petitioner Fidel Del Rosario operated TPU (trucks for hire) service lines in Occidental Mindoro. On July 18, 1952 respondent Juan Santos filed with the Public Service Commission (Case No. 67556) an application for a certificate of public convenience to operate a TPU service on the Adela–Upper Mangyan line (via San Jose and Mangarin) using 10 units. Santos’ 1952 application was heard November 5, 1952; there was no opposition at that hearing and Santos testified that there were then no authorized operators on the line applied for. The Commission nevertheless took no final action on Santos’ application until 1955.
Meanwhile, on August 20, 1954 the Commission granted petitioner Del Rosario (Case No. 79719) a 25‑year certificate to operate TPU service in Occidental Mindoro using three units on Adela–Central–Camihauit and two units on Caminauit–Pandurucan–Mangyan. Petitioner later sought (Case No. 81392) authority to operate additional trips using ten more units; the Commission approved this on November 20, 1954 but limited it to seven trucks although it found petitioner financially able to purchase ten.
On July 19, 1955 the Commission rendered judgment on Santos’ earlier (1952) application, granting him a five‑year certificate to operate two auto‑trucks on the Adela–Upper Mangyan line (Case No. 67556). Petitioner Del Rosario then filed on August 15, 1955 a motion for reconsideration and for reopening of Case No. 67556, contending that his existing service (12 units and one reserve) adequately served the line, that the grant to Santos would cause ruinous competition, that Santos’ application was granted without notice to petitioner, and that Santos’ evidence had been presented before petitioner was authorized to operate his now‑existing service. Santos’ petition for substitution of unserviceable equipment was also opposed by petitioner.
After hearing arguments, the Commission issued an order dated September 19, 1955 denying Del Rosario’s motion for reconsideration and reopening on grounds that when Santos’ application was filed and heard petitioner had not yet been granted his certificate, that the Commission had considered its records concerning petitioner’s...(Subscriber-Only)
Issues:
- Did the Public Service Commission err in denying petitioner Del Rosario’s motion for reconsideration and to reopen Case No. 67556 without giving him an opportunity to be heard in light of changed circumstances?
- Should the Commission’s grant of a certificate to Santos, issued after petitioner had established service on the same lines, be set aside or reexamined because of the need to protect established operato...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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