Case Summary (G.R. No. L-11186)

Case Background and Applications

• The case involves the operation of a ferry service across the Cagayan River between the municipalities of Aparri and Calamaniugan.
• Two applications were submitted to the Public Service Commission (PSC): one by Ponciano P. Carillo and another by Balbino Remigio.
• Both applications aimed to provide ferry services that would bridge a gap in a national highway interrupted by the river.
• Alfonso Cababa, an existing ferry operator between two barrios within the same municipality, opposed the applications, claiming they lacked municipal approval.
• Cababa held a certificate of public convenience and a contract with the municipality for his ferry service.

Opposition and Jurisdictional Claims

• Cababa argued that the PSC lacked jurisdiction to grant the applications without prior approval from the municipalities involved.
• He claimed that the municipal council of Camalaniugan had already disapproved the applications.
• The PSC denied Cababa's motion to dismiss the applications after hearing evidence from the applicants.
• Following this, Cababa filed a petition for certiorari and prohibition to annul the PSC's order and halt further hearings.

Legal Precedents and Jurisdictional Analysis

• The petitioner cited previous cases (Municipality of Gattaran vs. Doroteo Elizaga and Municipality of Gattaran vs. Fruto Elizaga) to support his claim that municipal approval is necessary for ferry operations within a municipality's jurisdiction.
• The court acknowledged that these cases established the requirement for municipal approval when a ferry operates entirely within one municipality.
• However, the court distinguished the current case, noting that the proposed ferry service spans two municipalities and serves as a continuation of a national highway.

Provincial Board's Role and Conclusion

• The court indicated that if local authorization were necessary, it should come from the provincial board due ...continue reading

Case Syllabus (G.R. No. L-11186)

Case Overview

• This case involves the operation of a ferry service using motor boats across the Cagayan River, located in the province of Cagayan.
• The ferry service is proposed to connect the municipality of Aparri on the west bank of the river with the municipality of Calamaniugan on the opposite bank.
• Two applications for ferry operation were submitted to the Public Service Commission:
  • One application was filed by Ponciano P. Carillo, seeking to operate between the barrio of Mabangug (Aparri) and the barrio of Alinunu (Camalaniugan).
  • The other application was submitted by Balbino Remigio, who aimed to operate between Mabangug (Aparri) and the barrio of Catotoran (Camalaniugan).
• The purpose of both ferry applications is to bridge a gap in a national land highway caused by a body of water.

Opposition to Applications

• Alfonso Cababa, the petitioner and an existing operator of a ferry service, opposed both applications.
• Cababa's ferry service operates between the barrios of Catotoran and Calaoagan, both situated in the municipality of Camalaniugan.
• He possesses a certificate of public convenience from the Public Service Commission and has a contract with the municipality for his ferry operations.
• Cababa claimed that the municipal council of Camalaniugan had disapproved the ...continue reading