GR 34822; (November, 1931) (Digest)
G.R. No. 34822 ; November 16, 1931
RURAL TRANSIT COMPANY, petitioner, vs. R.A. CRUZ, Associate Public Service Commissioner, respondent. PEDRO SUMAQUIAO, intervenor.
FACTS
Petitioner Rural Transit Company filed an application for a certificate of public convenience with the Public Service Commission. Intervenor Pedro Sumaquiao opposed. After a hearing in his absence, the Associate Commissioner granted the certificate on May 31, 1930, with a proviso that the decision would become final thirty days after notification. Notice was served on June 5, 1930. On July 11, 1930, after the 30-day period, Sumaquiao filed a motion for rehearing. The Rural Transit Company opposed, but the Commissioner granted the motion and suspended the prior decision. Rural Transit Company challenged this order via certiorari, arguing the Commission lacked jurisdiction because its decision had already become final.
ISSUE
Whether the Public Service Commission lost jurisdiction to grant a rehearing after its decision became “final” thirty days after notification.
RULING
No. The Supreme Court denied the petition. Under Section 28 of the Public Service Law ( Act No. 3108 , as amended), the Commission may “at any time” order a rehearing to extend, revoke, or modify any order. The 30-day period in the decision and under Section 35 of the same law only pertains to the period for appealing the decision to the Supreme Court. After that period, the decision becomes final only in the sense that it is no longer appealable. The Commission does not lose control over its orders and retains the discretionary power to grant a rehearing at any time. Therefore, the Commissioner acted within his jurisdiction.
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