GR L 5906; (May, 1954) (Digest)
G.R. No. L-5906; May 26, 1954
Angat-Manila Transportation Co., Inc., petitioner, vs. Victoria Vda. de Tengco, respondent.
FACTS
Respondent Victoria Vda. de Tengco filed an application with the Public Service Commission for a certificate of public convenience to operate six passenger and freight buses between San Miguel, Bulacan, and Manila. The application was opposed by several existing operators, including petitioner Angat-Manila Transportation Co., Inc., on the ground that their existing bus services passing through or near San Miguel were adequate. Only two oppositors presented evidence. Respondent’s evidence showed that San Miguel, with a population of about 35,000, had a need for frequent and assured bus service to Manila due to the presence of merchants, students, employees, and laborers, and that existing passing buses were often too loaded to accommodate San Miguel passengers. The oppositors relied on checker reports showing passenger loads at San Miguel over nine days. The Public Service Commission found these reports corroborated the respondent’s claim that San Miguel residents could not be certain of accommodation, as the reports did not show how many passengers boarded from Manila or if all Manila passengers destined for San Miguel could be accommodated. The Commission granted the application, finding a public need for a bus service originating from San Miguel to Manila. Petitioner appealed.
ISSUE
Whether the Public Service Commission erred in granting the respondent’s application for a certificate of public convenience to operate a bus service between San Miguel and Manila.
RULING
The Supreme Court affirmed the decision of the Public Service Commission. The Court held that it will not substitute its judgment for that of the Commission on questions of fact and will interfere only when there is clearly no evidence to sustain the decision. In this case, the Court found the Commission’s decision was supported by evidence. The Court rejected petitioner’s contention about destructive competition, noting petitioner did not oppose other similar applications granted after the decision in this case. The Court also found no merit in the argument that existing operators should have been given priority to supply any deficiency, as petitioner had not previously offered to put up additional units and the San Miguel-Manila line could be deemed new and independent.