G.R. No. 44583; March 31, 1936
MANILA ELECTRIC COMPANY, petitioner, vs. PUBLIC SERVICE COMMISSION and MOISES AMPIL, respondents.

FACTS

The Public Service Commission (PSC) suspended the certificate of public convenience of respondent Moises Ampil, an auto-calesa operator, for six months due to violations. Shortly after, upon Ampil’s motion and without a prior hearing or notice to the complainant Manila Electric Company (Meralco), the PSC issued a resolution lifting the suspension. Meralco filed a motion for reconsideration, which the PSC later denied after conducting a hearing. Meralco then filed this petition for certiorari, arguing the PSC acted without jurisdiction in modifying its final order of suspension.

ISSUE

Whether the Public Service Commission has jurisdiction to cancel or modify an order suspending a certificate of public convenience before the lapse of the fixed suspension period.

RULING

Yes. Under Section 28 of Act No. 3108, the PSC has the discretionary power, at any time and after a rehearing, to extend, revoke, or modify any order it has issued. While the initial resolution lifting the suspension was issued without a hearing in violation of the law, the subsequent rehearing granted upon Meralco’s motion cured this procedural defect. The Court held that orders of the PSC, including disciplinary measures like suspension, are subject to alteration when justified by the circumstances and public policy. The petition for certiorari was denied for lack of merit.

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