GR 37266; (February, 1933) (Digest)
G.R. No. 37266 ; February 4, 1933
MANILA ELECTRIC COMPANY, complainant-appellee, vs. ANATALIO HALILI, respondent-appellant.
FACTS
The Manila Electric Company filed a complaint against Anatalio Halili, a public utility vehicle operator, for violating the conditions of his certificate of public convenience. The Public Service Commission found Halili guilty, fined him P25, and ordered him to pay P25 in investigation expenses. Halili appealed, arguing that the Commission erred because: (1) there was no evidence to justify the fine and expenses; (2) the case was heard by only one commissioner; and (3) his motion for reconsideration was denied. Halili’s certificate authorized him to operate along the ManilaSan Jose line via Novaliches, with fixed departure points, but did not expressly prohibit or grant special permission for operations within Manila city limits.
ISSUE
1. Whether the Public Service Commission erred in deciding the case even though it was heard by only one commissioner.
2. Whether Halili can be punished for operating within Manila city limits when his certificate did not expressly prohibit such operation.
RULING
1. No. Under Section 2 of Act No. 3108 , as amended, a single commissioner may conduct investigations if authorized by the Commission. The presumption of regularity applies, and the concurrence of the other commissioners in the decision indicates the required authorization and collective voting occurred.
2. No. The Court reversed the Commission’s decision. Section 30 of Act No. 3108 , as amended, which penalizes violations of Commission orders, is penal in character and must be strictly construed. Halili’s certificate did not contain an express prohibition, or one arising by necessary implication, against operating within Manila. Since the act for which he was fined was not clearly prohibited by the order granting his certificate, he cannot be held criminally liable. However, the Court prohibited Halili from operating within Manila under his present certificate. He was absolved from the fine.
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