GR 45516; (July, 1938) (Digest)
G.R. No. 45516 ; July 30, 1938
EMERENCIANO PECSON and A.L. AMMEN TRANSPORTATION CO., INC. vs. FILOMENA PECSON, ZOILA PECSON, and GLORIA PECSON
FACTS
Emerenciano Pecson was the registered owner of two certificates of public convenience to operate transportation lines. He sold these certificates to A.L. Ammen Transportation Co., Inc. The parties applied to the Public Service Commission for approval of the sale. The sale was opposed by Filomena, Zoila, and Gloria Pecson (sisters and niece of Emerenciano), who claimed they were the true owners of the certificates, alleging the certificates were merely issued in Emerenciano’s name because he was the eldest and most educated. Before the sale, the oppositors had filed a civil case against Emerenciano for accounting, and after the sale, they filed another action to annul it. The Public Service Commission approved the sale.
ISSUE
Whether the Public Service Commission correctly approved the sale of the certificates of public convenience despite the claim of ownership by the oppositors.
RULING
Yes. The Supreme Court affirmed the decision of the Public Service Commission. The record of the Public Service Commission showed Emerenciano Pecson as the sole registered owner and operator of the certificates, and he alone had been submitting the required annual reports. This created a presumption that he was the exclusive owner. The mere filing of civil actions challenging ownership was insufficient to overcome this presumption absent a final judicial decision to the contrary. Therefore, the Commission did not err in approving the sale.
AI Generated by Armztrong.