G.R. No. 44452 ; November 4, 1935
SANTIAGO SAMBRANO, petitioner, vs. Judge ALEX REYES, Associate Commissioner, Public Service Commission and NORTHERN LUZON TRANSPORTATION COMPANY, respondents.

FACTS

The respondent Northern Luzon Transportation Company filed charges against petitioner Santiago Sambrano before the Public Service Commission for violating the conditions of his certificates of public convenience. The commission found Sambrano guilty and, instead of suspending or cancelling his certificates, ordered him to pay the expenses of the investigations totaling P400. Sambrano did not appeal this order, and it became final. When he failed to pay, the commission issued an order requiring him to show cause why his certificates should not be suspended or cancelled. Sambrano filed a petition for certiorari seeking to annul this show-cause order.

ISSUE

Whether the petition for certiorari is premature, and whether the Public Service Commission has the power to charge investigation expenses against an operator found guilty of violating certificate conditions.

RULING

The petition is premature. The show-cause order did not constitute a final, prejudicial action against Sambrano; it merely required him to explain his non-payment. The court held that under Section 24(h) of Act No. 3108 , as amended, the commission expressly has the power to charge investigation expenses against an operator found guilty of a violation. However, the court refrained from ruling on whether non-payment of such expenses alone is sufficient ground for suspension or cancellation of a certificate, as it was unnecessary to decide at that stage. The petition was denied.

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