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 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 a co-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 bind Javellana or deprive the Commission of jurisdiction to resolve Javellana’s separate petition for reconsideration. Under Section 34 of Commonwealth Act No. 146 , the Commission has a duty to act on such a petition. By refusing to do so, it neglected a duty enjoined by law. The Commission is ordered to decide Javellana’s petition for reconsideration.

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