G.R. No. 45432 ; July 1, 1938
JOSE DE LA ROSA, petitioner-appellant, vs. PEDRO V. CORPUS, respondent-appellee.

FACTS

Pedro V. Corpus applied for a certificate of public convenience to operate an autotruck service for passengers and freight on specific lines in the Province of Masbate. Jose de la Rosa, an existing operator on some of the same and adjacent lines, opposed the application, arguing that his service was adequate and that granting the certificate would result in ruinous competition. The Public Service Commission granted Corpus’s application, finding that de la Rosa’s service was deficient and that increased traffic necessitated an additional operator.

ISSUE

Whether the Public Service Commission erred in granting the certificate of public convenience to Corpus despite the opposition of an existing operator.

RULING

No. The Supreme Court affirmed the decision of the Public Service Commission. The evidence supported the findings that de la Rosa’s service was deficient and that traffic had increased, justifying the need for an additional operator. The Court also found no danger of ruinous competition, as not all lines coincided and the schedules could be prescribed to make Corpus’s service complementary to de la Rosa’s, thereby providing adequate and efficient public service.

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