GR 46085; (November, 1938) (Digest)
G.R. No. 46085 & 46086; November 4, 1938
BULACAN BUS COMPANY, INC., petitioner-appellant, vs. FERNANDO ENRIQUEZ and MARCELO DIAZ, respondents-appellees.
FACTS
Fernando Enriquez and Marcelo Diaz are operators of autotruck transportation services with certificates of public convenience issued in 1929, subject to restrictions on picking up and dropping off passengers along specific segments of their routes (e.g., within 55 kilometers from Calumpit to Manila for Enriquez, and at certain points for Diaz). They filed applications with the Public Service Commission to lift these restrictions. The Bulacan Bus Company, Inc., along with other operators, opposed the applications. The Public Service Commissioner granted the applications, lifting the restrictions. Bulacan Bus Company appealed, arguing the area was already adequately served, the lifting would cause prejudice, and the decision was not for public convenience.
ISSUE
Whether the Public Service Commission erred in lifting the restrictions imposed on the certificates of public convenience of respondents Enriquez and Diaz.
RULING
No. The Supreme Court affirmed the decision of the Public Service Commission. The lifting of the restrictions was justified by: (1) the great and increasing volume of traffic on the routes, a fact not disputed by the petitioner, which itself had previously sought and obtained increases in its own fleet citing the same reason; (2) the change in public necessity and convenience since the restrictions were originally imposed in 1929; (3) the need to avoid discrimination against the respondents compared to other unrestricted operators; (4) the benefit to the public through better and more efficient service, reducing waiting times; (5) the avoidance of disputes with passengers unaware of the restrictions; and (6) the promotion of public interest over private interest. The evidence reasonably supported the Commission’s finding that the existing field of traffic was sufficient for all operators and that the public would be more adequately served. Following the established rule that decisions of the Public Service Commission supported by evidence should be sustained, the appealed judgment was affirmed.
AI Generated by Armztrong.