G.R. No. 38502; August 17, 1933
FRANCISCO JAVIER, applicant-appellee, vs. THE BACHRACH MOTOR COMPANY, INC., intervenor-appellant.

FACTS

Francisco Javier was granted a certificate of public convenience by the Public Service Commission to operate a taxicab service, stating he intended to use Austin cars. Bachrach Motor Company, a creditor of Javier, obtained a writ of attachment and garnished Javier’s interest in the certificate. Subsequently, Javier filed an ex-parte motion with the Commission to substitute Bantam Fords for Austin cars, which was granted. Bachrach Motor Company intervened, seeking reconsideration on the ground that the attachment prevented the Commission from modifying the certificate.

ISSUE

Whether a writ of attachment on a certificate of public convenience prevents the Public Service Commission from authorizing a modification of the certificate (specifically, the substitution of vehicle types).

RULING

No. The Supreme Court affirmed the orders of the Public Service Commission. It held that the modification granted (substituting Bantam Fords for Austin cars) was one in form, not in substance. The Court rejected the appellant’s contention that an attachment paralyzes the Commission’s regulatory functions over public utilities, stating such a doctrine would be against public interest. The Court found no need to discuss other issues raised.

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