August 1978 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence

Philippine Supreme Court Jurisprudence > Year 1978 > August 1978 Decisions > G.R. No. L-30072 August 31, 1978 - ALATCO TRANSPORTATION, INC. v. JOSE NAYVE:

SECOND DIVISION

[G.R. No. L-30072. August 31, 1978.]

ALATCO TRANSPORTATION, INC., BICOL TRANSPORTATION CO., INC., and CONSOLIDATED AUTO LINES, INC., Petitioners, v. JOSE NAYVE and PUBLIC SERVICE COMMISSION, Respondents.

SYNOPSIS

The Public Service Commission, in Case No. 67-6799, provisionally approved private respondent’s application for a certificate of public convenience to operate a PUB auto-truck service along the Guinobatan, Albay-Legaspi City Line and vice-versa. On certiorari, the Supreme Court issued a restraining order against the enforcement of this order, subsequently amended to direct the Commission to suspend the consideration of private respondent’s application. The case was submitted for decision on May 5, 1969. In February, 1978, the parties, upon direction of the Court, filed their respective Manifestations stating that the case had become moot and academic because private respondent had ceased to be a bus operator and the business of Alatco Transportation Co. Inc., had been absorbed by the Pantranco South Express, Inc.

In view of the foregoing considerations, the case was dismissed for having become moot and academic.

SYLLABUS

1. REMEDIAL LAW; CIVIL PROCEDURE; ACTIONS; CERTIORARI; DISMISSAL THEREOF WHERE THE CASE HAD BECOME MOOT AND ACADEMIC. — A petition assailing the order provisionally approving a certificate of public convenience is dismissed where in view of supervening events, the case has become moot and academic.

R E S O L U T I O N

AQUINO, J.:

The petitioners in this certiorari case assailed the order of the Public Service Commission dated December 20, 1968, in Case No. 67-6799, provisionally approving the application of respondent Jose Nayve for a certificate of public convenience to operate a PUB auto-truck service with the use of five units on the Guinobata, Albay-Legaspi City Line and vice-versa.

A writ of preliminary injunction was issued by this Court on May 29, 1969 to restrain the enforcement of that order. The writ was amended on January 9, 1970 for the purpose of directing the Commission to suspend the consideration of respondent Nayve’s application.

Nayve answered the petition and later filed a memorandum in lieu of oral argument. The case was submitted for decision on May 5, 1969.

In this Court’s resolution of January 30, 1978, the parties were directed to inform this Court whether the case had become moot and academic in the light of supervening events.

Petitioners’ counsel, in his manifestation dated February 7, 1978, stated that the case had become moot because Nayve had ceased to be a bus operator and the business of Alatco Transportation Co., Inc. had been absorbed by Pantranco South Express, Inc. The Solicitor General, as counsel of the Public Service Commission, now the Board of Transportation, made a similar manifestation.cralawnad

WHEREFORE, this case is dismissed for having become moot and academic. No costs.

SO ORDERED.

Fernando, Barredo, Antonio, Concepcion Jr., and Santos, JJ., concur.

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