G.R. No. L-29573 January 30, 1970
DEL PILAR TRANSIT, INC., petitioner, vs. PUBLIC SERVICE COMMISSION, HONORABLE JOSUE L. CADIAO and DE DIOS TRANSPORTATION CO., and MANILA DE DIOS TRANSPORTATION CO., INC., respondents.

FACTS

De Dios Transportation Co., Inc. was a grantee of a certificate of public convenience to operate transportation service on specific lines from Obando, Tañgos, and Dampalit to Port Area, Manila, with specific routing and time restrictions. On November 8, 1952, it petitioned the Public Service Commission (PSC) to amend its certificate to allow re-routing of its lines. Although tried, with Halili Transit as lone oppositor, the petition remained unresolved for years. On August 15, 1967, De Dios Transportation filed a motion for resolution. A hearing was held on September 27, 1967, with no opposition appearing despite notice. On December 6, 1967, the PSC granted the petition, amending the certificate to allow the proposed re-routed lines, finding it would promote public interest. De Dios Transportation commenced operation on the new routes the same day. Subsequently, the lines were sold and transferred to Manila De Dios Transportation Co., Inc., with PSC approval on July 31, 1968. On September 27, 1968, Del Pilar Transit, Inc., a franchise holder operating buses from Parañaque to Bonifacio Monument, filed this petition for certiorari and prohibition, charging the PSC acted without jurisdiction or with grave abuse of discretion in granting the re-routing without notice to it. Respondents contended Del Pilar had no right to institute the proceeding as its lines were different, that it was guilty of laches for not complaining for over nine months, and that certiorari was not the proper remedy.

ISSUE

Whether the Public Service Commission acted without jurisdiction or with grave abuse of discretion in granting the re-routing of De Dios Transportation’s lines without notice to Del Pilar Transit, Inc., and whether Del Pilar Transit is entitled to the relief of certiorari and prohibition.

RULING

The petition is dismissed. The Public Service Commission did not commit grave abuse of discretion. The evidence showed that Del Pilar Transit’s lines (Parañaque-Bonifacio Monument and Baclaran-Bonifacio Monument) and the re-routed lines of respondents only duplicated each other on specific portions of Taft Avenue, Rizal Avenue, and Rizal Avenue Extension, but their termini and overall service areas were distinct. Respondents served Port Area and suburban towns not reached by petitioner. The PSC found respondents were the sole operator on the proposed lines except for short portions, and that the original routes were no longer suited to present conditions. The rule places a premium on public convenience and necessity. While changes in circumstances and petitioner’s interests may have supervened during the long pendency of the petition, Del Pilar Transit failed to call the PSC’s attention to these changes or to the alleged error of approving the re-routing without notice. The established rule requires that before resorting to certiorari, the attention of the lower court or agency must first be called to the alleged error. Petitioner’s omission is fatal. The preliminary injunction is dissolved, without prejudice to petitioner seeking appropriate relief from the PSC upon a proper showing.