GR 45503; (September, 1938) (Digest)
G.R. No. 45503 ; September 20, 1938
SANTIAGO SAMBRANO, applicant-appellant, vs. PUBLIC SERVICE COMMISSION, oppositor-appellee.
FACTS
Santiago Sambrano filed an application with the Public Service Commission (PSC) for permission to increase his hours of trip. The Northern Luzon Transportation Co., Inc. opposed the application. After Sambrano presented his evidence and while the oppositor was presenting its evidence, the PSC issued an order on February 25, 1937, dismissing the case motu proprio (on its own motion). Sambrano appealed. This court, in a decision dated July 27, 1938, reversed the PSC’s order of dismissal. The PSC filed a motion for reconsideration, arguing that its dismissal order was a legitimate exercise of its powers under Commonwealth Act No. 146 , aligned with the nationalization policy for public services, and that the order was merely temporary and interlocutory, thus not subject to review.
ISSUE
Whether the Public Service Commission had the authority to dismiss motu proprio an application for increased trip hours at the stage where the applicant had already presented evidence and the oppositor was still presenting its evidence.
RULING
No. The PSC’s motion for reconsideration is denied. The court held that nothing in Commonwealth Act No. 146 , specifically Sections 13, 11, 17, and 29 cited by the PSC, expressly or impliedly authorizes the Commission to dismiss an application motu proprio at that stage of the proceedings. No rule promulgated by the PSC provided such authority. In the absence of specific procedural rules from the PSC, the proceedings should follow the Code of Civil Procedure, which only allows a court to dismiss an action motu proprio for failure to prosecute, a situation not present here. The policy of nationalization of public services cannot justify a violation of established procedural rules. The PSC can still comply with that policy by proceeding with the case in accordance with proper procedure.
AI Generated by Armztrong.