GR L 12331; (May, 1959) (Digest)
G.R. No. L-12331; May 29, 1959
LAURO B. ISIDRO, petitioner, vs. RAYMUNDO OCAMPO, respondent.
FACTS
Prior to February 4, 1957, petitioner Lauro B. Isidro was authorized to operate three TPU jeepney units on the line “North Harbor-Sta. Mesa via Quiapo and Divisoria.” Respondent Raymundo Ocampo was authorized to operate multiple lines, including “North Harbor-Divisoria” with three units. On said date, Ocampo filed an application with the Public Service Commission (PSC) to modify and consolidate his lines. The application sought to re-route his 14 units into two lines, one of which was “North Harbor-Plaza Miranda via Divisoria” with seven units, thereby extending his existing “North Harbor-Divisoria” line to Plaza Miranda and increasing the units from three to seven. Ocampo’s reason was that passengers traveling between North Harbor and Plaza Miranda had to disembark at intermediate points (Divisoria or Quezon Blvd.-Azcarraga corner) and pay an extra fare to complete their journey. Isidro opposed the application, arguing that as an old operator on a related line, he should be given preference to improve or increase his service to meet any public need. The PSC overruled the oppositions and granted Ocampo’s application. Isidro appealed, assigning errors that the PSC failed to find him financially capable and willing to improve his service and failed to grant him, as a prior operator, the opportunity to do so before authorizing Ocampo.
ISSUE
Whether the Public Service Commission erred in granting respondent Ocampo’s application to operate additional units on the line North Harbor-Plaza Miranda without first giving petitioner Isidro, as a prior operator, the opportunity to improve his service on that line.
RULING
No, the Public Service Commission did not err. The order appealed from is affirmed.
The Supreme Court held that petitioner Isidro’s claim of preference as an old operator is untenable. He was not strictly an operator on the line “North Harbor-Plaza Miranda”; his authorized line was “North Harbor-Sta. Mesa via Quiapo,” which did not pass through Plaza Miranda. The line segment relevant to his operation was the portion of Azcarraga street between Divisoria and Quezon Boulevard. On this segment, both Isidro and Ocampo could be considered old operators, with Ocampo having the added advantage of operating from the Quezon Blvd.-Azcarraga corner to Plaza Miranda. Furthermore, even assuming Isidro was an old operator on the contested line, the established doctrine is that preference applies only when the old operator has made an offer to meet increased traffic. Isidro did not file an application to increase his service; it was Ocampo who made the offer. The Court also addressed initial doubts about the necessity of the short extension to Plaza Miranda but deferred to the PSC’s finding that it served public convenience, especially during the rainy season, to avoid forcing passengers to walk or pay an additional fare.