G.R. No. 45169 ; November 29, 1938
MANILA ELECTRIC COMPANY, plaintiff-appellee, vs. PASAY TRANSPORTATION COMPANY, defendant-appellant.

FACTS

Manila Electric Company (Meralco) held a franchise to construct and operate an electric railway system, which included a bridge over the Pasig River. The franchise required that a portion of the bridge be set aside for public use as a wagon and foot bridge, free of any fees, with maintenance of that public portion assigned to the municipality of Pasig. Meralco sought to collect a toll of forty centavos per trip from Pasay Transportation Company for its passenger buses using the public portion of the bridge. Pasay Transportation refused to pay. The Court of First Instance ruled in favor of Meralco, ordering payment and future tolls. Pasay Transportation appealed.

ISSUE

Does Meralco, under its franchise, have the right to collect tolls from a transportation company for the use of the public portion of its bridge?

RULING

No. The Supreme Court reversed the lower court’s decision. The franchise ( Act No. 1446 ) designated a portion of the bridge for public use, free of any fees. The right to collect tolls on a public bridge exists only by virtue of law. Since Meralco’s franchise did not authorize the collection of tolls from the general public using that designated portion, and Pasay Transportation’s buses were using that public portion, Meralco had no legal right to impose such charges. The Court absolved Pasay Transportation from the complaint.

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