Dagupan Ice Plant Co. v. Lucero

G.R. Nos. 45682 and 45683 · 1938-08-25 · J. ABAD SANTOS, J.: · Primary: Commercial; Secondary: Remedial
REITERATION

Facts

1. The Antecedents: This case stems from two intertwined proceedings before the Public Service Commission concerning the operation of an ice plant. One proceeding involved an application for the approval of the sale of a certificate of public convenience by Consuelo A. de Lucero to Gerarda L. Gonzales-Tabora, covering the municipalities of Bauang, Damortis, Aringay, Caba, and Naguilian in La Union, and Baguio in Mountain Province. The second proceeding was an opposition and counter-application filed by Dagupan Ice Plant Co., Inc., seeking to oppose the sale and simultaneously apply for authority to sell ice within the same territory, while also requesting the cancellation of the certificate of public convenience. 2. Procedural History: The Public Service Commission heard both cases jointly. During the hearing, the petitioner attempted to present evidence of abandonment of the ice plant's operation by the seller, Consuelo A. de Lucero. However, the respondents objected, arguing that the evidence was irrelevant as the sole issues were the financial capacity of the buyer and whether the sale would promote public convenience. The commission sustained this objection. Despite this, the commission, relying on its own records, found that the respondent Gerarda L. Gonzales-Tabora was financially capable and that the barrio of Damortis was within the service area of the certificate. The commission also concluded that there was no abandonment of service justifying cancellation and ordered its decision to take immediate effect. 3. The Petition: The petitioner, Dagupan Ice Plant Co., Inc., seeks review of the Public Service Commission's decision. The primary argument raised is that the commission erred in sustaining the objection to the evidence of abandonment, which the petitioner contends was relevant to the issues in the second case (the opposition and counter-application). The petitioner also challenges the commission's findings regarding the financial capacity of the buyer and the inclusion of Damortis within the service territory, although the court notes its limited jurisdiction to review such findings when reasonably supported by evidence. The petitioner is essentially appealing the commission's approval of the sale and its refusal to cancel the certificate of public convenience.

Issue(s)

Whether the Public Service Commission erred in sustaining the objection to the petitioner's evidence of abandonment of service. Whether the Public Service Commission erred in its determination regarding the inclusion of the barrio of Damortis within the certificate's territory. Whether the Public Service Commission erred in decreeing that its decision take effect immediately.

Ruling

The Supreme Court affirmed the decision of the Public Service Commission. It held that while the evidence of abandonment was relevant to Case No. 49216, the error in sustaining the objection was not reversible because the Commission could take cognizance of facts from its own records. The Court found that the Commission's determination regarding the inclusion of Damortis was reasonably supported by evidence. Consequently, since there was no abandonment justifying cancellation, the Commission was empowered to decree immediate effectivity of its decision.

Ratio Decidendi

On Issue 1: The Court acknowledged that the Commission erred in sustaining the objection to the petitioner's evidence of abandonment, as this evidence was relevant to the issues in Case No. 49216, which sought the cancellation of the certificate. However, this error was deemed not reversible because the Commission is empowered to take cognizance of facts disclosed by its own records. The Court cited previous rulings (Manila Yellow Taxicab Co. vs. Araullo and Sambrano vs. Northern Luzon Transportation Co.) to support the principle that the Commission can rely on its own records. Therefore, even without the excluded evidence, the Commission could have reached the same conclusion regarding abandonment based on its own files. On Issue 2: The Court found that the Public Service Commission's determination that the barrio of Damortis was included in the territory covered by the certificate of public convenience was reasonably supported by the evidence before it. The Court emphasized the limited scope of its jurisdiction to modify or set aside decisions of the Commission, which is restricted to cases where it clearly appears that there was no evidence reasonably supporting the decision or that the Commission acted without jurisdiction. Given the reasonable support from the evidence, the Court would not interfere with this finding, citing Calabia vs. Orlanes & Banaag Transportation Co. On Issue 3: The Court held that since it concluded there was no abandonment of service by the respondent that would justify the cancellation or forfeiture of her certificate of public convenience, the Commission was empowered under Section 33 of Commonwealth Act No. 146 to decree that its decision take effect immediately. This provision grants the Commission the authority to order immediate execution of its decisions when warranted, and in this case, the absence of a reversible error regarding abandonment meant the Commission's power to order immediate effectivity was validly exercised.

Main Doctrine

The Public Service Commission has the authority to decree that its decisions take effect immediately under Section 33 of Commonwealth Act No. 146. Furthermore, the Court reiterated that the Commission can take cognizance of facts from its own records, and judicial review of its decisions is limited to instances where there is a clear lack of evidence or jurisdiction. The Court affirmed that an error in sustaining an objection to evidence, if not reversible, does not invalidate the Commission's decision, especially when the Commission can rely on its own records.

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