Serrano v. Muñoz (Hi) Motors

G.R. No. L-25547 · 1967-11-27 · J. CASTRO, J.: · Primary: Civil; Secondary: Commercial, Remedial
REITERATION

Facts

The Antecedents: Juan M. Serrano was granted a certificate of public convenience by the Public Service Commission (PSC) to operate auto-trucks. He mortgaged this certificate to Muñoz (Hi) Motors, Inc. (MHMI) as collateral for a loan. The sheriff foreclosed the chattel mortgage and executed a certificate of sale in favor of MHMI. MHMI then sold some units and certificates, including Serrano's, to DM Transit Corporation (DMTC). The PSC provisionally approved this sale. Serrano sold his line to Silver Liners, Inc. (SLI). Subsequently, MHMI initiated another foreclosure sale, which included Serrano's certificate of public convenience. Procedural History: Serrano and SLI filed a complaint with the Court of First Instance (CFI) of Quezon City, seeking to restrain the foreclosure sale and claiming damages. Commissioner Medina moved to dismiss the complaint against him, arguing lack of jurisdiction and inapplicability of Article 32 of the Civil Code. The other defendants also moved to dismiss. The CFI dismissed the complaint against Commissioner Medina, and subsequently dismissed the entire case for lack of jurisdiction over the subject matter. The CFI denied the plaintiffs' motion to set aside the dismissal order. The Petition: The plaintiffs appealed the dismissal orders of the CFI, arguing that the CFI erred in disavowing jurisdiction over the case.

Issue(s)

Whether the Court of First Instance has jurisdiction over the subject matter of the complaint, particularly concerning the PSC's provisional approval of the sale of a certificate of public convenience and the subsequent foreclosure sale. Whether the CFI erred in dismissing the complaint against Commissioner Medina for damages under Article 32 of the Civil Code. Whether the complaint states a sufficient cause of action against the other defendants regarding the alleged illegal foreclosure sale.

Ruling

The Supreme Court affirmed the orders of the Court of First Instance dismissing the complaint for lack of jurisdiction over the subject matter. The Court held that the regulation and approval of certificates of public convenience fall under the exclusive jurisdiction of the Public Service Commission. The Court also found no error in dismissing the complaint against Commissioner Medina for damages, as the complaint did not allege any violation of penal statutes. Furthermore, the Court found that the complaint did not state a sufficient cause of action against the other defendants due to imprecise averments.

Ratio Decidendi

On the jurisdiction of the CFI over the PSC's actions: The Court held that the resolution of whether the PSC order of March 4, 1965, was erroneous falls within the exclusive province of the PSC. Under Section 20(g) of the Public Service Law, the PSC is invested with the power to approve the sale or transfer of a certificate of public convenience. The Court reiterated that if a certificate was illegally transferred, the PSC is the proper venue to thresh out the respective rights of the parties. The provisional order of the PSC did not deprive Serrano of his property without due process, as it was provisional, subject to modification, and the PSC itself scheduled a hearing to give parties ample opportunity to present evidence. The Court emphasized that orderly procedure requires the PSC to pass upon such matters before the court can adjudge them to avoid confusion. On the dismissal of the complaint against Commissioner Medina for damages: The Court affirmed the dismissal of the complaint against Commissioner Medina for failure to state a sufficient cause of action. While Article 32 of the Civil Code provides for damages for deprivation of rights, its last paragraph states that responsibility is not demandable from a judge unless the act or omission constitutes a violation of the Penal Code or other penal statute. The complaint did not allege that Commissioner Medina acted in violation of any penal statute when issuing the order. Therefore, even assuming Article 32 could apply to a PSC commissioner, the dismissal was proper because the essential element of a penal violation was absent in the allegations. On the sufficiency of the cause of action against the other defendants: The Court found that the complaint did not state a legally sufficient cause of action against MHMI and DMTC. The averments regarding the alleged illegality of the announced sale on June 14, 1965, and the claim of irreparable injury were deemed too imprecise and were mere conclusions of law, not ultimate facts. The complaint failed to establish the specific legal basis for the alleged illegality of the sale or the violation of plaintiffs' rights with sufficient factual averments. Therefore, the CFI did not err in dismissing the complaint on this ground.

Main Doctrine

The Court of First Instance has no jurisdiction over cases involving the regulation and approval of certificates of public convenience, which falls under the exclusive authority of the Public Service Commission. Claims for damages against a Public Service Commissioner are not demandable unless the act or omission constitutes a violation of the Penal Code or other penal statute.

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