G.R. No. 46051; September 9, 1938
JARO EXPRESS CO., INC., and PEDRO TELLERIA, petitioners, vs. CARLOS LOPEZ, respondent.

FACTS

Respondent Carlos Lopez applied to the Public Service Commission for a certificate of public convenience to operate thirty taxicabs in Iloilo City and neighboring towns. Petitioners Jaro Express Co., Inc. and Pedro Telleria, existing operators with 28 and 26 taxicabs respectively, opposed the application. The Commission granted Lopez’s application, finding that public convenience and necessity required additional service given the population of 148,229, significant passenger traffic, and the inadequacy of existing services. The Commission relied on the report and testimony of its chief inspector and other witnesses, noting that petitioners’ taxicabs were insufficient, often waited in garages instead of cruising, and that the territory could support more operators.

ISSUE

Whether the Public Service Commission’s judgment granting the certificate of public convenience to respondent is in accordance with law.

RULING

Yes, the judgment is affirmed. Under Section 35 of Commonwealth Act No. 146, the Supreme Court may only modify or reverse a decision of the Public Service Commission if it is not reasonably supported by evidence, is contrary to law, or was rendered without jurisdiction. The Commission’s decision was reasonably supported by the qualitative evidence, including the inspector’s report, which demonstrated public need. The Court cannot substitute its judgment for the Commission’s factual finding on public convenience and necessity, absent a clear abuse of discretion. The alleged errors were without merit.

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