Mariano H. Lim, Inc. v. La Comision de Servicios Publicos
REITERATIONFacts
The Antecedents: Mariano H. Lim, Inc. owned several trucks licensed by the Bureau of Public Works for the year 1939, engaged in transportation for compensation. In 1940, the petitioner applied for the renewal of its license, but was required to first obtain a certificate of public convenience. Procedural History: The petitioner sought a writ of mandamus from the Supreme Court to compel the Bureau of Public Works to issue the requested license for 1940. The Petition: The petitioner asked the Supreme Court to compel the Bureau of Public Works to issue the license for 1940, arguing that the Bureau should not require a certificate of public convenience for renewal.
Issue(s)
Whether the Bureau of Public Works can be compelled to issue a license for the renewal of operation of trucks for compensation without a prior certificate of public convenience. Whether the petitioner has acquired rights that are affected by the Bureau's refusal to issue the license.
Ruling
The petition is denied. The Bureau of Public Works cannot be compelled to issue the license without the prior presentation of the certificate of public convenience. The license issued by the Bureau of Public Works is limited to the current year and must be renewed annually; therefore, the petitioner cannot claim that the Bureau's action affects acquired rights, as the right to operate trucks under a license does not extend to years not covered by the previous license.
Ratio Decidendi
On the requirement of a certificate of public convenience: The Court held that the operation of trucks for compensation falls under the definition of "public service" as provided in Commonwealth Act No. 454, amending Act No. 146. Section 13 of the law defines "public service" to include any person who owns, operates, or directs any means of transportation for compensation. Since the petitioner's trucks were engaged in transportation for compensation, they were clearly engaged in a public service. Furthermore, the law requires the prior provision of a certificate of public convenience by the Public Service Commission before the Bureau of Public Works can issue a license. Therefore, the Bureau of Public Works cannot be compelled to issue the license without the petitioner first presenting the required certificate. On acquired rights: The Court ruled that the petitioner cannot claim that the Bureau of Public Works' refusal to issue the license for 1940 affects its acquired rights. The license issued by the Bureau of Public Works is limited to the current year and must be renewed annually. As stated in the case of Junzo Ohkawa v. La Comision de Servicios Publicos (G.R. No. 47145), the right to operate trucks under a license does not extend to years not covered by the previous license. Thus, the petitioner has no vested right to a license for 1940 without complying with the statutory requirements.
Main Doctrine
A license for the operation of motor vehicles for compensation, which constitutes a public service, cannot be renewed without the prior issuance of a certificate of public convenience by the Public Service Commission. The right to operate under a license does not extend to periods not covered by the license.