GR 37414; (February, 1933) (Digest)
G.R. No. 37414 ; February 16, 1933
THE NEGROS TRANSPORTATION CO., applicant-appellee, vs. ROMAN MIRASOL, oppositor-appellant.
FACTS
Two auto-bus operators, The Negros Transportation Co. (appellee) and Roman Mirasol (appellant), filed separate applications with the Public Service Commission for virtually the same routes and hours in Occidental Negros. Each was the oppositor in the other’s case. The Commission divided the hours between the two operators. Mirasol appealed, claiming a prescriptive right to the routes and hours based on priority of application.
ISSUE
Does priority of application before the Public Service Commission confer a prescriptive or exclusive right to the routes and hours applied for?
RULING
No. The Supreme Court affirmed the orders of the Public Service Commission. Priority of application does not grant such a prescriptive right. The Court found that the Commission made a fair division of hours between the two established operators.
AI Generated by Armztrong.