Case Digest (G.R. No. 45424)
Facts:
- Panay Autobus Co., Inc. appealed the decision of the Public Service Commission.
- The decision granted Fidelino Beruño's application to convert his irregular autotruck service into a regular service.
- Panay Autobus Co., Inc. argued that the decision was erroneous because it did not consider the evidence presented by the petitioner in opposition.
- The evidence was received by the commission on October 10, 1936, while the decision was rendered on September 29, 1936.
Issue:
- (Unlock)
Ruling:
- The court ruled in favor of Panay Autobus Co., Inc. and annulled the decision of the Public Service Commission.
- The case was ordered to be remanded to the commissi...(Unlock)
Ratio:
- The court held that the decision of the Public Service Commission was void because it did not comply with the law.
- The law requires that parties interested be heard before promulgating any rule fixing the routes and schedules of trips for public service operators.
- In this case, the commission delegated a justice of the peace to receive the evidence, and the testimony of the witnesses was taken by deposition.
- However, the commission decided the case based only on the depositions...continue reading
Case Digest (G.R. No. 45424)
Facts:
The case of Panay Autobus Co., Inc. v. Beruño involves an appeal by Panay Autobus Co., Inc. to annul the decision of the Public Service Commission granting the application of Fidelino Beruño to convert his irregular autotruck service into a regular service. The petitioner argues that the commission erred in rendering its decision without considering the evidence presented by Panay Autobus Co., Inc. in support of its opposition.
The Public Service Commission had delegated a justice of the peace to receive the evidence of both parties. The justice of the peace received the evidence of the petitioner on various dates in 1935 and 1936. However, the stenographer who took down the stenographic notes of the testimony of the oppositor's witnesses had not yet transcribed them. The commission rendered its decision on September 29, 1936, before receiving the transcript of the oppositor's witnesses' testimony, which was only received on October 10, 1936.
Issue:
The main issue in this case is whether the decision of the Public Service Commission, which granted the application of Fidelino Beruño to convert his irregular autotruck service into a regular service, should be ann...