Facts:

• Elpidio Javellana filed a petition to annul an order by the Public Service Commission authorizing La Paz Ice Plant & Cold Storage Co., Inc. to increase its ice production.
• La Paz Ice Plant & Cold Storage Co., Inc. held a certificate of public convenience to operate an ice plant capable of producing 10 tons of ice daily.
• Javellana also held a certificate to operate an ice plant with the same capacity.
• La Paz Ice Plant & Cold Storage Co., Inc. increased its production to 30 tons of ice daily without obtaining prior authorization from the Public Service Commission.
• They later applied for approval to further increase their production to 50 tons of ice daily.
• Javellana opposed this application, arguing that the needs of the consuming public could be satisfied by all the authorized operators.
• Javellana also filed a complaint with the Public Service Commission, alleging that La Paz Ice Plant & Cold Storage Co., Inc. had installed and operated machinery without due authority.
• The Public Service Commission ordered La Paz Ice Plant & Cold Storage Co., Inc. to cease the operation of the unauthorized machinery and limit its production to 10 tons of ice daily.
• However, the Commission later issued an order authorizing La Paz Ice Plant & Cold Storage Co., Inc. to replace the old machinery and produce 30 tons of ice daily until the case was decided.

Issue:

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Ruling:

• The Supreme Court upheld the authority of the Public Service Commission to provisionally authorize the extension of productive capacity and increase in production of La Paz Ice Plant & Cold Storage Co., Inc.
• The Court ruled that when an ice-producing company applies for permission to extend its machinery's productive capacity and increase its production, and the necessity of the ice-consuming public urgently demands the approval of the application, the Public Service Commission may provisionally authorize the extension when it cannot decide the case within the shortest time possible.
• The Court held that the orde...(Unlock)