Case Summary (G.R. No. 45134)
Background of the Case
On December 18, 1929, Genanichi Ishi, a Japanese subject, was granted a certificate of public convenience by the Public Service Commission to operate a Ford automobile for the transport of passengers within the Province of Davao. This certificate included specific conditions that mandated prior authorization from the Commission for any alterations in operations, including changes to the number of vehicles or routes.
Application for Increased Equipment
On October 23, 1935, Ishi applied to the Public Service Commission for permission to add another Ford automobile to his existing fleet, citing an inadequate number of registered vehicles to meet the transportation needs of local inhabitants. However, his application was denied on February 14, 1936, due to a constitutional provision that restricts the granting of franchises or public utility certificates to Filipino citizens or corporations with at least sixty percent Filipino ownership, as outlined in Article XIII, Section 8 of the 1935 Constitution.
Legal Remedy and Certification Denial
In response to the Commission's denial, Ishi sought a writ of certiorari, arguing that the Commission exceeded its jurisdiction. However, the court observed that the allegations presented did not substantiate a claim of jurisdictional overreach by the respondent. The court opined that the appropriate legal recourse for Ishi would have been to seek a review of the Commission's order under Section 35 of Act No. 3108, rather than pursue certiorari.
Constitutional Interpretation and Limitations
Before concluding the case, the court opted to address the constitutional issue presented. The crux of the inquiry lay in whether Ishi's request to increase his fleet fell within the constitutional ban articulated in Article XIII, Section 8. Despite his certificate being issued prior to the Constitution's enactment on November 15, 1935, the court determined that such historical context did not exempt Ishi from the new restrictions imposed by the constitutional framework.
Ruling on Franchise and Authorization
The court reiterated that Ishi, not being a Filipino citizen or part of a qualifying corporation, could not be granted the requested authorization to increase his vehicle count. The notion that he held a vested right under the previously granted certificate of public convenience w
...continue readingCase Syllabus (G.R. No. 45134)
Background of the Case
- On December 18, 1929, a certificate of public convenience was granted to Genanichi Ishi, a Japanese subject, allowing him to operate a Ford automobile for passenger transportation in the Province of Davao.
- The certificate was conditional, explicitly stating that the petitioner could not alter the operation of his cars, increase or decrease the number of vehicles, substitute them, change the form of the carriage, or operate outside the designated zone without prior authorization from the Public Service Commission.
- The certificate was to remain valid until further notice from the Commission.
Application for Increase of Equipment
- On October 23, 1935, Ishi filed an application seeking permission to add another Ford automobile to his existing fleet, arguing that the current number of vehicles was insufficient to fulfill the transportation needs of the Davao inhabitants.
- The Public Service Commission issued an order on February 14, 1936, denying Ishi’s application based on a constitutional provision that restricts franchises and authorizations for public utility operations to citizens of the Philippines or corporation