GR 40264 40265; (October, 1933) (Digest)
G.R. No. 40264 , 40265; October 20, 1933
A.L. AMMEN TRANSPORTATION CO., INC., petitioner, vs. PUBLIC SERVICE COMMISSION, respondent.
FACTS
The petitioner, a holder of several certificates of public convenience and necessity for operating auto-trucks, sought authorization from the Public Service Commission to substitute old trucks with new ones. The Commission charged fees for issuing such authorization orders equivalent to the fees for issuing new certificates, as prescribed under Section 27(b) of Act No. 3108 , as amended. The petitioner contested these charges, arguing they were unauthorized by law.
ISSUE
Whether the Public Service Commission is authorized under Section 27(b) of Act No. 3108 , as amended, to charge certificate fees for orders approving the substitution of motor vehicles.
RULING
No. The Supreme Court held that the statute is clear and precise, and Section 27(b) does not cover charges for approval orders substituting vehicles. The fees fixed by law are only for the issuance of certificates of public convenience, not for mere substitution approvals. The Court also found that the petitioner had sufficiently exhausted administrative remedies through multiple requests for reconsideration. The writ of certiorari was granted, declaring the charges without legal authority.
AI Generated by Armztrong.