GR 38286; (September, 1933) (Digest)
G.R. No. 38286 ; September 15, 1933
MANILA YELLOW TAXICAB CO., INC., and ACRO TAXICAB CO., INC., petitioners-appellants, vs. FAUSTO BARREDO (MALATE TAXICAB), respondent-appellee.
FACTS
Fausto Barredo (appellee), operating as “Malate Taxicab,” applied with the Public Service Commission to convert his 57 garage automobiles into a taxicab service within Manila, its suburbs, and accessible points in Luzon, and to increase his equipment to 100 taxicabs. Existing taxicab operators, Manila Yellow Taxicab Co., Inc., and Acro Taxicab Co., Inc. (appellants), opposed the application, arguing that public necessity and convenience did not require a new operator, as they were already providing efficient and satisfactory service and were willing to increase their fleets if needed. The Commission granted Barredo’s application, finding public demand justified the conversion, similar to a prior grant in the Julio Danon case. The appellants appealed, raising procedural and substantive errors.
ISSUE
Whether the Public Service Commission erred in granting Fausto Barredo a certificate of public convenience to operate a taxicab service in a territory already served by existing operators.
RULING
The Supreme Court affirmed the Commission’s decision. The Court held that the evidence sufficiently supported the finding of public necessity and convenience for the additional taxicab service. The Commission did not err in relying on the precedent set in the Danon case, as Barredo was similarly situated. The Court also found no merit in the procedural objections: (1) Judge Vicente de Vera’s designation to the Commission was valid, and his participation was not disqualified even if he did not personally hear all witnesses, as he could review the transcript; (2) any irregularity in rendering the decision before the expiration of the memorandum-filing period was not sufficient to reverse the decision; and (3) the motion for reopening was properly denied. The grant of a certificate to a new operator is not automatically barred by the existence of prior operators if public convenience demands it.
AI Generated by Armztrong.