G.R. No. 41595; March 29, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. DOMINADOR MARAÑON, defendant-appellant.

FACTS

Dominador Marañon was convicted in the justice of the peace court of Guiguinto, Bulacan, for violating the Public Service Act (Act No. 3992) by permitting his privately owned and registered car to be used for hire. The prosecution’s principal witness was his half-brother, who was in charge of the car at the time it was unlawfully carrying passengers. Both lower courts found this witness credible. On appeal to the Court of First Instance, he was again convicted, but the trial judge held the offense fell under paragraph (l) of section 67 of the Act, not paragraph (k) as initially held. The Solicitor-General argued on appeal that the offense fell under paragraph (j).

ISSUE

Under which specific paragraph of section 67 of Act No. 3992 (the Public Service Act) should the appellant be penalized for permitting his privately owned automobile to be used for hire?

RULING

The Supreme Court held the appellant guilty under paragraph (k), section 67 of Act No. 3992. The Court clarified that the reference in paragraphs (j) and (k) to “section seven, paragraph (c)” of the Act pertains to the prohibition (which follows classification (c)) against using vehicles registered under classifications (a) private passenger automobiles, (b) private trucks, and (c) private motorcycles for hire. Thus, paragraph (k) expressly punishes the act of “permitting, allowing, consenting to, or tolerating” such misuse. The Court modified the appealed judgment accordingly, imposing a fine of P100 with subsidiary imprisonment in case of insolvency, and affirmed it in all other respects.

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