GR L 5948; (April, 1953) (Digest)
G.R. No. L-5948 April 29, 1953
FORTUNATO F. HALILI, petitioner, vs. PUBLIC SERVICE COMMISSION and CAM TRANSIT CO., INC., respondents.
FACTS
Petitioner Fortunato F. Halili holds various certificates of public convenience to operate auto-truck services between Balara and various points in Manila and its suburbs, with routes passing through Silañgan Avenue and ending at Balara. Respondent CAM Transit Co., Inc., holds a certificate, originally granted to Benjamin Encarnacion, to operate a line between Balara and City Hall, Manila, via Kamuning, with a route passing through Barangka road, Marikina-San Juan road, and Highway 54. On July 2, 1952, CAM Transit filed a petition with the respondent Public Service Commission to amend its authorized route, changing it from Highway 54, Marikina-San Juan road, Barangka road to Highway 54, Silañgan Avenue, U.P. site, ending at Balara. The Commission, on July 3, 1952, granted the petition and issued the order amending the route without prior notice to Halili or a hearing where he could be present.
ISSUE
Whether the Public Service Commission’s order amending the route of CAM Transit’s certificate of public convenience, issued without notice to the petitioner and without a hearing, is lawful and valid.
RULING
No. The order is null and void. The amendment ordered by the Commission is a substantial change, not a mere clerical correction, as it alters the route to serve a different area (Silañgan Avenue and U.P. site) originally served by Halili, rather than the Barangka and Marikina roads as initially authorized. This amendment affects the rights granted by Halili’s certificate. The Public Service Act (Commonwealth Act No. 146) does not include such an amendment among the powers the Commission may exercise without notice and hearing under Sections 16 and 17. Issuing the order without providing Halili notice and an opportunity to be heard constitutes a deprivation of property rights without due process of law, in violation of constitutional guarantees. Due process requires orderly proceedings before a tribunal with jurisdiction, based on notice and an opportunity to be heard. The order is hereby revoked, with costs against CAM Transit Co., Inc.