Title
Javier vs. Orlanes
Case
G.R. No. 31310
Decision Date
Sep 5, 1929
A land carrier is granted a certificate of public convenience for a specific route, while other applicants are denied to protect established carriers and avoid detrimental competition.
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Case Digest (G.R. No. 31310)

Facts:

  • G. C. Javier is the petitioner and appellant against respondents Cayetano Orlanes, Juan Gonzalez, and Saturnino Cortez.
  • The Public Service Commission rendered a decision on December 13, 1928, regarding applications for certificates of public convenience for auto-truck services on the San Pablo-Manila route.
  • Certificates were granted to all four applicants, including Javier, with specific operational conditions.
  • Javier objected to the applications of the other three respondents and filed a petition for review, claiming the Commission erred in denying his application.
  • He argued that multiple operators would lead to ruinous competition and asserted his vested right as the first regular operator on the line.
  • Evidence showed high demand for transportation on the San Pablo-Manila line, with existing services insufficient.
  • Javier had been operating since March 1928, while Gonzalez and Cortez were irregular carriers before his application.
  • The Commission's decision was based on a new policy requiring irregular operators to convert to regular services.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court affirmed the Public Service Commission's decision regarding the applications of Juan Gonzalez and Saturnino Cortez.
  • The Court reversed the decision concerning Cayetano Orlanes.
  • G. C. Javier was granted the right to operate all trips between San Pablo and ...(Unlock)

Ratio:

  • The Court noted that G. C. Javier was the first to obtain a certificate for regular operations, but the other applicants had previously provided transportation services, albeit irregularly.
  • The Commission's policy aimed to regularize operations, justifying the granting of licenses to Gonzalez and Cortez.
  • The existing demand for transportation supported the inclusion of multiple ...continue reading

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