GR 45163; (October, 1936) (Digest)
G.R. No. 45163 ; October 26, 1936
ELPIDIO JAVELLANA, applicant-appellee, vs. LA PAZ ICE PLANT AND COLD STORAGE CO., INC., oppositor-appellant.
FACTS
Elpidio Javellana, the owner and operator of an ice plant in Iloilo authorized to produce 10 tons of ice daily, applied to the Public Service Commission for authority to install an additional ice-producing unit with a capacity of 4 to 5 tons daily. He claimed his existing two units, due to wear and tear and insufficient water supply from the Iloilo River for refrigeration, could only produce 5 to 6 tons daily, which was inadequate to meet the demand from Iloilo and neighboring municipalities. The oppositor, La Paz Ice Plant and Cold Storage Co., Inc., argued that it already produced about 30 tons daily, sufficient for public needs, and that Javellana’s existing units could be repaired to restore their capacity.
ISSUE
Whether the Public Service Commission erred in granting Javellana’s application to install an additional ice-producing unit.
RULING
No, the Public Service Commission did not err. The Supreme Court affirmed the Commission’s decision, holding that the evidence reasonably supported its finding that approving the application would promote public interest in a proper and suitable manner. The Court emphasized that the grant was for improving machinery to achieve the authorized production limit of 10 tons daily, not to exceed it. Any potential abuse by Javellana producing beyond his authorized capacity was a matter for the Commission to discipline, not a ground to deny the improvement. The Court deferred to the Commission’s factual findings, consistent with established jurisprudence limiting judicial review of such determinations.
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