GR 45573; (July, 1938) (Digest)
G.R. No. 45573 ; July 26, 1938
SANTIAGO SAMBRANO, petitioner, vs. NORTHERN LUZON TRANSPORTATION CO., INC., respondent.
FACTS
Clemente Ruiz’s certificate of public convenience for a Laoag-Baduang via Bangui transportation service was revoked due to abandonment. Respondent Northern Luzon Transportation Co., Inc. applied to take over the service and was granted a provisional permit by the Public Service Commission without a prior hearing. Petitioner Santiago Sambrano opposed the application. Over several years, the case underwent postponements. Sambrano filed motions to cancel the provisional permit and to dismiss the application, which were denied. He failed to appear at the final hearing, and the commission rendered a decision approving the provisional permit. Sambrano filed motions for reconsideration, which were also denied. He now appeals, contending the commission had no jurisdiction to grant the provisional permit without a prior hearing.
ISSUE
Whether the Public Service Commission acted without jurisdiction or with grave abuse of discretion in granting a provisional permit to the respondent without a prior hearing.
RULING
No. The petition is without merit. First, the petitioner failed to avail of the appropriate legal remedies (e.g., certiorari) in a timely manner to challenge the commission’s order granting the provisional permit. Second, the petitioner also failed to except to or appeal subsequent commission orders denying his motions. Third, it is now too late to question the order, as the respondent has been operating the line for over five years without public complaint, and canceling the permit would adversely affect public interest, as the respondent is the sole operator on that line and it connects to another of its lines. The commission’s decision is affirmed.
AI Generated by Armztrong.