GR 31105; (October, 1970) (Digest)
G.R. No. L-31105 October 16, 1970
Negros Ice House Corporation, petitioner, vs. Inocencio Chua and the Public Service Commission, respondents.
FACTS
Petitioner Negros Ice House Corporation seeks a review of an order issued by the Public Service Commission (PSC) on August 25, 1969, in Case No. 69-2683, granting private respondent Inocencio Chua a provisional permit to operate an ice cube factory in Bacolod City. The petitioner charges the PSC with abuse of discretion, alleging the permit was issued without notice and hearing, that Chua’s citizenship and financial ability were unproven, that there was no proof of urgent need for the service, and that the order would deprive prior operators of property without due process. The Supreme Court issued a preliminary injunction. Respondent Chua moved to dismiss the petition for review on the ground that it was filed beyond the reglementary period prescribed by Section 36 of the Public Service Act ( Commonwealth Act No. 146 ). The petitioner received notice of the PSC order on September 16, 1969, but only docketed the petition for review in the Supreme Court on October 18, 1969.
ISSUE
Whether the petition for review filed by Negros Ice House Corporation was filed within the period prescribed by law, thereby conferring jurisdiction upon the Supreme Court to review the order of the Public Service Commission.
RULING
No. The Supreme Court dismissed the petition. Section 36 of the Public Service Act requires that a petition for review of a PSC order be filed within thirty days from notification of the order. The petitioner received notice on September 16, 1969, making the last day for filing October 16, 1969. The petition was only docketed on October 18, 1969, which was 32 days after receipt of notice and therefore two days late. Consequently, the petition was filed out of time and did not confer jurisdiction upon the Supreme Court except to dismiss it, as the PSC’s order had become unreviewable. The preliminary injunction was dissolved, and costs were imposed on the petitioner.