G.R. No. L-4047-49 December 21, 1950
ELPIDIO JAVELLANA, petitioner, vs. PUBLIC SERVICE COMMISSION, NATIVIDAD ARIAGA, JUAN SALVADOR, and MARIANO CACHO, respondents.

FACTS

The Public Service Commission granted certificates of public convenience to three applicants (Natividad Ariaga, Juan Salvador, and Mariano Cacho) to operate ice plants and cold storage services in Iloilo City. Elpidio Javellana, an existing ice plant operator in the same area, opposed the applications and, after the Commission’s decision, filed a timely petition for reconsideration. The Commission refused to act on Javellana’s petition, reasoning that its decision had become “joint and indivisible” and that it lost jurisdiction because another opponent, La Paz Ice Plant and Cold Storage Company, Inc., had filed a petition for review with the Supreme Court (which was later dismissed without prejudice). Javellana then filed this special civil action for mandamus to compel the Commission to act on his petition for reconsideration.

ISSUE

Whether the Public Service Commission has a legal duty to act on Javellana’s petition for reconsideration despite the appeal filed by another opponent.

RULING

Yes. The Supreme Court granted the writ of mandamus. The Commission’s claim of indivisibility is unfounded. The joint submission of evidence and the single decision did not make the proceedings indivisible after the decision was rendered. The appeal by La Paz Ice Plant did not constitute an appeal by Javellana and did not deprive the Commission of jurisdiction to resolve Javellana’s separate petition for reconsideration. By refusing to act, the Commission neglected a duty specifically enjoined by law (Section 34, Commonwealth Act No. 146 ). Javellana, having no plain, speedy, and adequate remedy, is entitled to the writ. The Commission is directed to decide his petition for reconsideration.

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