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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-1958 Jurisprudence                 

  • G.R. Nos. L-9456 & L-9481 January 6, 1958 - THE COLLECTOR OF INTERNAL REVENUE v. DOMINGO DE LARA

    102 Phil 813

  • G.R. No. L-9692 January 6, 1958 - COLLECTOR OF INTERNAL REVENUE v. BATANGAS TRANSPORTATION COMPANY

    102 Phil 822

  • G.R. Nos. L-8845-46 January 7, 1958 - BATANGAS TRANSPORTATION COMPANY v. MARTIN SOUZA

    102 Phil 835

  • G.R. No. L-10202 January 8, 1958 - IN RE: SY CHHUT alias TAN BING TIONG v. REPUBLIC OF THE PHIL.

    102 Phil 839

  • G.R. No. L-10420 January 10, 1958 - IN RE: LIM KIM So alias FRANCISCO LIM KIM SO v. REPUBLIC OF THE PHIL.

    102 Phil 843

  • G.R. Nos. L-10249-60 January 14, 1958 - PEOPLE OF THE PHIL. v. RUFINO CRISOSTOMO

    102 Phil 846

  • G.R. No. L-10285 January 14, 1958 - SAMPAGUITA SHOE v. COMMISSIONER OF CUSTOMS

    102 Phil 850

  • G.R. No. L-10423 January 21, 1958 - AMADO P. JALANDONI v. ANGELA MARTIR-GUANZON

    102 Phil 859

  • G.R. No. L-11000 January 21, 1958 - PEOPLE OF THE PHIL. v. ALICIA RAPIRAP

    102 Phil 863

  • G.R. No. L-11014 January 21, 1958 - VICTORIANA ESPIRITU v. THE MUNICIPAL COUNCIL

    102 Phil 866

  • G.R. No. L-10196 January 22, 1958 - SANTOS LUMBER COMPANY v. CITY OF CEBU

    102 Phil 870

  • G.R. No. L-10776 January 23, 1958 - MELITON HERRERA v. THE AUDITOR GENERAL OF THE REP. OF THE PHIL.

    102 Phil 875

  • G.R. No. L-10922 January 23, 1958 - GREGORIO P. DE GUZMAN v. JOSE B. RAMOSO

    102 Phil 883

  • G.R. No. L-12294 January 23, 1958 - UNITED PEPSI-COLA SALES ORGANIZATION (PAFLU) v. HON. ANTONIO CA‘IZARES

    102 Phil 887

  • G.R. No. L-10234 January 24, 1958 - IN RE: Victoriano Yap Subieng to be admitted a citizen of the Phil.; VICTORIANO YAP SUBIENG v. REP. OF THE PHIL.

    102 Phil 892

  • G.R. No. L-9689 January 27, 1958 - JESUS T. QUIAMBAO v. PEDRO R. PERALTA

    102 Phil 899

  • G.R. No. L-10806 January 27, 1958 - DAVID AZNAR v. ASUNCION SUCILLA

    102 Phil 902

  • G.R. No. L-11093 January 27, 1958 - LEONARDO ENAGE LABAJO v. CIRIACO ENRIQUEZ

    102 Phil 907

  • G.R. No. L-10446 January 28, 1958 - COLLEGE OF ORAL & DENTAL SURGERY v. COURT OF TAX APPEALS

    102 Phil 912

  • G.R. No. L-10874 January 28, 1958 - RUFINO D. ANDRES v. THE CROWN LIFE INSURANCE COMPANY

    102 Phil 919

  • G.R. No. L-10702 January 29, 1958 - PEOPLE OF THE PHIL. v. SIXTO CABARLES

    102 Phil 926

  • G.R. No. L-10091 January 29, 1958 - BOY SCOUTS OF THE PHIL. v. JULIANA V. ARAOS

    102 Phil 1080

  • G.R. No. L-11343 January 29, 1958 - CARLOS LEDESMA v. COURT OF TAX APPEALS

    102 Phil 931

  • G.R. No. L-11248 January 30, 1958 - ANACLETA VILLAROMAN v. QUIRINO STA. MARIA

    102 Phil 937

  • Adm. Case No. 195 January 31, 1958 - IN RE: Attorney JESUS T. QUIAMBAO

    102 Phil 940

  • G.R. No. L-8252 January 31, 1958 - JOSE C. ZULUETA v. NICANOR NICOLAS

    102 Phil 944

  • G.R. No. L-9871 January 31, 1958 - ATKINS v. B. CUA HIAN TEK

    102 Phil 948

  • G.R. No. L-9928 January 31, 1958 - REP. OF THE PHIL. v. THE COURT OF APPEALS

    102 Phil 953

  • G.R. No. L-10022 January 31, 1958 - NORTHERN MOTORS v. NATIONAL LABOR UNION

    102 Phil 958

  • G.R. No. L-10141 January 31, 1958 - REP. OF THE PHIL. v. PHILIPPINE RESOURCES DEVELOPMENT CORPORATION

    102 Phil 960

  • G.R. Nos. L-10236-48 January 31, 1958 - PEOPLE OF THE PHIL. v. EUSTACIO DE LUNA

    102 Phil 968

  • G.R. No. L-10370 January 31, 1958 - THE COLLECTOR OF INTERNAL REVENUE v. MATIAS H. AZNAR

    102 Phil 979

  • G.R. No. L-10547 January 31, 1958 - THE PHIL. GUARANTY CO. v. LAURA DINIO

    102 Phil 991

  • G.R. No. L-10691 January 31, 1958 - ERLINDA STERNBERG v. GONZALO SOLOMON

    102 Phil 995

  • G.R. No. L-10747 January 31, 1958 - MARIANO DIAZ v. PASCUAL MACALINAO

    102 Phil 999

  • G.R. No. L-10902 January 31, 1958 - FLORIDA LAGMAY v. EMERENCIANA QUINIT

    102 Phil 1003

  • G.R. No. L-11024 January 31, 1958 - ALFONSO ANGELES v. THE COURT OF APPEALS, GREOGORIO STA. INES

    102 Phil 1006

  • G.R. No. L-11186 January 31, 1958 - ALFONSO CABABA v. PUBLIC SERVICE COMMISSION

    102 Phil 1013

  • G.R. No. L-11395 January 31, 1958 - SOTERA GARCIA DIMAGIBA v. HON. AMBROSIO M. GERALDEZ

    102 Phil 1016

  • G.R. No. L-11647 January 31, 1958 - FLORENTINO NAVARRO v. HON. ELOY BELLO

    102 Phil 1019

  • G.R. No. L-12724 January 31, 1958 - PEOPLE OF THE PHIL. v. CARIDAD CAPISTRANO

    102 Phil 1025

  •  





     
     

    G.R. Nos. L-8845-46 January 7, 1958 - BATANGAS TRANSPORTATION COMPANY v. MARTIN SOUZA<br /><br />102 Phil 835

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. Nos. L-8845-46. January 7, 1958.]

    BATANGAS TRANSPORTATION COMPANY and LAGUNA-TAYABAS COMPANY, Petitioners, v. MARTIN SOUZA, JOSE SILVA and PUBLIC SERVICE COMMISSION, Respondents.

    Ozaeta, Lichauco & Picazo and Graciano C. Regala, for Petitioners.

    Evaristo R. Sandoval for respondent Jose Silva.

    Juan Nabong for respondent Martin Souza.


    SYLLABUS


    PUBLIC UTILITIES; GRANTEE OF CERTIFICATE OF PUBLIC CONVENIENCE BE GIVEN REASONABLE TIME TO OPERATE PUBLIC SERVICE. — Although a grantees of Public convenience did not immediately operate the lines which had been transferred to him but after acquisition he invested quit sum of money in the purchase of equipment for the line and since of a line is one that cannot be done in a moment, the approval by the Commission of the conveyance or transfer of the certificate of public convenience to the grantee who appears to be competent and who has already taken steps to provide the lines with the necessary equipment notwithstanding the negligent operation and abandonment of the line by the grantor, does not constitute an abuse of discretion.


    D E C I S I O N


    LABRADOR, J.:


    Certiorari against an order of the Public Service Commission dated February 22, 1955, rendered in the above-entitled cases.

    In the middle of the year 1950, Martin Souza was the holder of a certificate of public convenience for the operation of five passenger trucks along Lucena-Manila, Batangas-Manila and Biñan-Manila lines. For various periods of time Souza did not operate on these lines, so petitioners in these cases denounced him before the Public Service Commission. As a result of the complaints filed against him, orders were issued dated June 9, 1951, February 21, 1952, November 28, 1952, imposing fines upon him. On February 26, 1953, also for failure to operate, he was warned that if he should again commit the same fault his certificate will be cancelled. Again on January 27, 1954, an order to the same effect was issued by the Commission.

    Souza evidently did not put his heart and money to the business. On June 8, 1953, he transferred his certificate of public convenience and his five auto trucks to respondent Jose Silva. This transfer was provisionally approved on June 16, 1953, but on June 19, 1953, the provisional approval was reversed and Silva ordered to return the plates of the trucks he had bought from Souza. But on March 22, 1954, again the Public Service Commission provisionally approved the transfer. The petitioner were not notified of the transfer or of the order of the court provisionally approving the same. On January 7, February 1, April 2, May 3 and June 1, 1954, petitions for cancellation of the certificates of public convenience of Souza were again filed by the petitioners. The hearing of these petitions was set for June 14, 1954. After the hearing the Commission ordered the suspension of the certificate of public convenience for a period of 30 days and prohibited either by the certificate.

    Again on August 23 and September 1, 1954, petitions for the cancellation of the certificate of public convenience were presented. On November 22, 1954, after hearing, the Public Service Commission found that the petitions for cancellation were well-founded for the reason that Souza violated the orders of the Commission with respect to the suspension of the Manila-Biñan line. The certificate of public convenience issued to him was, therefore, ordered to be cancelled, and the provisional approval of the transfer of the certificate of public convenience to Jose Silva set aside. Thereupon, Martin Souza filed a petition for reconsideration which the Commission denied on December 8, 1954. Jose Silva also filed a motion for reconsideration. This was granted by the Court in its order of February 22, 1955, the pertinent portions of which reads as follows:jgc:chanrobles.com.ph

    "Movant Silva, however, pleads for equity and an opportunity to operate the lines which he acquired for a valuable consideration and to make use of the trucks which he has acquired for the purpose of operating the lines, claiming that the trucks are ready and available for use. It appears that Silva has acquired five trucks from the Luneta Motor Company at a cost of approximately P59,000 and that this investment would be wasted if they were not allowed to operate on the lines in question. The acquisition of these trucks in a way establishes that Silva actually took steps to provide himself with trucks for these lines and since it is possible that he believed in good faith that there was no obligation on his part to operate the lines until the Commission had acted on the petition for substitution of the buses which he acquired from Souza, we are inclined to, as we hereby, grant Jose Silva a last opportunity to operate the lines by registering the five trucks needed for the same within an unextendible period of ten (10) days from date of receipt hereof. In so ruling, we take cognizance of the fact that there is a public need for the service which Silva will render on these two lines and that even now there are pending applications for additional trips on the line Lucena-Manila which would indicate that public convenience has been affected by the cessation of Silva’s operation on the line.

    "The motion for reconsideration of Jose Silva is, therefore, granted and the cancellation of the lines — Manila-Batangas and Manila-Lucena decreed in the order of November 22, 1954 is set aside on the express understanding, however, that of the five trucks needed for these two lines are not registered within ten (10) days from his receipt hereof, the said lines will be considered as automatically cancelled."cralaw virtua1aw library

    It is the above order approving the transfer of the certificate of public convenience of Jose Silva that is now sought to be reversed by petitioners on the ground that the issuance of the same constitutes a grave abuse of discretion on the part of the Commission.

    The record discloses that the original holder of the certificate, in spite of recurrent abandonment of the service on various occasions, had received very lenient treatment at the hands of the Commission. The leniency must have been responsible in part for the irregular service rendered. Had the Commission been more strict in enforcing its orders, holders of certificates would have been more careful and regular in the performance of the obligations that they have assumed under the certificates issued to them. But Commission must have felt that strict compliance with its orders might be too harsh on holders of certificates, who must have invested great portions of their material resources and their personal attention and labor in rendering public service. The Commission must have deemed it quite harsh upon the holder of a certificate for it to order its absolute cancellation, thus depriving the holder of the opportunity to make something out of a business which may not have been successful or productive and had thus to be disposed of.

    The denial of the motion for reconsideration filed by Souza seems to be well deserved. But with respect to the respondent Jose Silva, the record fails to show that he has been guilty of such neglect as the grantor of the certificate, Martin Souza, had been guilty of. True it is Silva did not immediately operate the lines which had been transferred to him, but operation of a line is one that cannot be done in a moment; time must be given for the purchase of equipment and for the organization of the men to be employed on the line. We, therefore, believe that no abuse of discretion has been committed by the Commission in allowing Silva to continue with the certificate, especially in view of the fact that he has invested quite a sum in the purchase of trucks for the lines which was no less than P59,000. Silva was not responsible for the negligent operation or abandonment of the line by his predecessor-in-interest. Granting that the latter had been negligent; such grantor’s conduct should not operate to prejudice the grantee. We, therefore, find no reason for holding that the Commission abused its discretion in approving the transfer of the certificate of public convenience to Silva, who appears to be competent and who has already taken steps to provide the lines with the necessary equipment.

    The petitions in the above-entitled cases are hereby denied, with costs against the petitioners.

    Paras, C.J., Bengzon, Padilla, Reyes, A., Bautista Angelo Concepcion, Reyes, J. B. L., Endencia and Felix, JJ., concur.

    G.R. Nos. L-8845-46 January 7, 1958 - BATANGAS TRANSPORTATION COMPANY v. MARTIN SOUZA<br /><br />102 Phil 835


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