G.R. No. 164460 - Office of the Ombudsman vs. Coronel

Luzon Brokerage, Inc. is a long-established company engaged in the business of customs brokerage.
As part of its business, the company also operates trucks to transport and deliver goods originating from ships at the port to its clients.

The trucking service was initially rendered exclusively to the company’s own clients, described in the record as being provided by means of compensation.
A prior decision by the Commission of Public Services had determined that this form of service did not carry the character of a public service, thereby exempting the company from the requirement to secure a certificate of public convenience.

Originally governed by Law No. 3108, the statute was later amended by Commonwealth Act No. 154.
The amendment expanded the definition of a public service in relation to motor vehicles to include services provided by compensation, even if such services are limited to a select group of clients (i.e., the company’s "parroquianos").

The Commission of Public Services, through its secretary, notified Luzon Brokerage of its obligation under the amended law to obtain a certificate of public convenience for its trucking operations.
The Director of Public Works, who is one of the respondents, was involved in matters relating to the registration and operation of the trucks.

The company’s trucking operations were licensed by the Bureau of Public Works for a period of one year only.
There was no argument that upon renewal the company had any acquired rights; hence, any extension of operations beyond the annual license term was contingent upon meeting new regulatory requirements, specifically the certificate of public convenience.
The communications from both the Bureau of Public Works and the Commission of Public Services clearly indicated that the requirement for the certificate applied to operations for the period succeeding the last registered year of the trucking operations.

Luzon Brokerage filed a petition for certiorari challenging the actions of the Commission of Public Services and the Director of Public Works.
The petitioner contended that the Commission acted without jurisdiction in requiring the certificate of public convenience, asserting that its trucking service was not a public service under the previous regulatory paradigm.
Moreover, the petition sought a directive to the Commission to cease demanding the certificate and to the Director of Public Works to register the trucks without such certificate.

Whether the Commission of Public Services had jurisdiction to require Luzon Brokerage to secure a certificate of public convenience for its trucking operations, even when the service was provided to a limited clientele.
Whether the inclusion of compensated transport services within the definition of public service, as per the amendment introduced by Commonwealth Act No. 154, alters the regulatory requirement applicable to such services.
Whether the petitioner could rightfully claim an acquired right to operate the trucks beyond one year without compliance with the newly mandated certificate, considering that the license from the Bureau of Public Works is issued on an annual basis.