GR L 3302; (January, 1951) (Digest)
G.R. No. L-3302; January 11, 1951
INTERPROVINCIAL AUTOBUS COMPANY, INC., oppositor-appellant, vs. ROMAN MABANAG, applicant-appellee.
FACTS
Roman Mabanag applied with the Public Service Commission for a certificate of public convenience to continue his TPU auto-truck service on the lines Misamis-Pagadian and Misamis-Oroquieta, which he had been rendering since July 22, 1947, under temporary authorities, and to extend service to Dipolog, Mapang, and Polao. The Interprovincial Autobus Co., Inc., an existing operator on the same lines, opposed the application. The Commission granted the application for the continuation of service on the Misamis-Pagadian and Misamis-Oroquieta lines but denied the proposed extensions due to lack of evidence of need. The oppositor appealed, arguing that existing traffic was insufficient to warrant another operator, that the applicant was not financially capable, that granting the certificate would cause ruinous competition, and that old operators should be protected and given priority.
ISSUE
Whether the Public Service Commission erred in granting Roman Mabanag a certificate of public convenience to continue his TPU auto-truck service on the lines Misamis-Pagadian and Misamis-Oroquieta.
RULING
The Supreme Court affirmed the decision of the Public Service Commission. The Court held that there was evidence to support the Commission’s findings of heavy passenger traffic and the applicant’s financial capability. The Court reiterated the doctrine that it will not review the evidence de novo and will not interfere with the Commission’s factual findings unless there is a clear absence of supporting evidence. The Court found that the applicant was not a new operator but a post-war emergency operator seeking to convert his temporary authority into a regular certificate, and it would be unjust to deny such conversion given his service since 1947. The increase in traffic due to an influx of immigrants provided sufficient business for both old and new operators, and the grant would not result in ruinous competition.