GR 45772; (December, 1937) (Digest)
G.R. No. 45772 December 21, 1937
CRISTINA D. DE CEZAR, petitioner, vs. PUBLIC SERVICE COMMISSION and PANAY AUTOBUS COMPANY, INC., respondents.
FACTS
Petitioner Cristina D. de Cezar sought the annulment via certiorari of a decision by the Public Service Commission (PSC) in Case No. 48812. The PSC ordered her to register seven additional autotrucks to complete her equipment for her bus lines, with a warning of cancellation if she failed to comply. She alleged she was never notified of the hearing and only learned of the case upon receiving the decision. Her motion for reconsideration was denied as filed out of time. The PSC countered that the summons and complaint were sent to her by ordinary mail and were not returned unclaimed.
ISSUE
Whether the writ of certiorari should be granted to annul the PSC’s decision for alleged lack of jurisdiction due to lack of notice.
RULING
No. The petition for certiorari is denied. The Court held that even assuming the petitioner did not receive notice, she failed to establish that she suffered injury from the decision or that she had a meritorious defense. The Court noted the order merely reiterated a prior directive for her to comply with existing equipment requirements. Furthermore, the petitioner failed to state the date she received the decision, making it impossible to determine if she lost her right to appeal through her own fault.
AI Generated by Armztrong.