FORTUNATO F. HALILI, PETITIONER VS, ELEUTEEIO SEMANA, RESPONDENT.

Appeal from a decision of the Public Service Commission in its Case
No. 113,629, entitled Eleuterio Semana, applicant, granting the
applicant a certificate of public convenience for the operation of four
TPU buses on the line Blumentritt Street in Manila to Novaliches in
Quezon City via Bonifacio Street, for the transportation of freight and
passengers, in accordance with a schedule set forth in the decision.

When the petition was filed herein petitioner Fortunate F. Halili
presented an opposition, alleging that the line applied for is
sufficiently covered by his TPU buses operating on the following lines:
Manila—Novaliches (5 roundtrips); Bagumbong—Manila via Novaliches;
Manila—Amparo Subdivision via Novaliches; Malaria—Manila via
Novaliches; San Jose del Monte (Bulacan)—Manila via Novaliches;
Ipo—Manila via Novaliches. All of the said lines except the first pass
through Novaliches.

At the hearing of the application, Semana, the applicant, presented
the following witnesses: Emilio Peralta, mechanic and residing at
Novaliches, Quezon City since 1927; Alipio Llarenes, Director of Facoma
and barrio lieutenant of Gulod, Novaliches, Quezon City; Magno de Leon,
merchant and resident of Bagbag, Novaliches, Quezon City; Urbano Roque,
farmer and toreowner, resident of Bag-bag, Novaliches, Quezon City;
Felixberto Baborol, messenger working in Congress and resident of Sta.
Monica, Novaliches, Quezon City; Hector Biglang-awa, student and
resident of Bagbag, Novaliches, Quezon City; Filemon Cueto, operator,
residing at 1769 Taft Avenue, Pasay City; and the applicant Semana
himself. These witnesses declared that during the early morning hours
during work days, i.e., from Monday to Saturday, the buses of the
petitioner herein Halili are crowded such that there are no convenient
spaces for them and other passengers. A written petition of the
residents of Novaliches, Exh. “D”, was also presented, alleging also
that the buses plying between Novaliches and Manila are few and are not
sufficient to cope with the volume of passengers. Witness Cueto also
testified that along the line proposed, there are many factories
employing workers and laborers, residing in Novaliches and other
neighboring places, who ride in the buses and jitneys plying between
Novaliches and Blumentritt. A representative of the Commission, by the
name of Emilio Moral, established a checkpoint at Tandang Sora Avenue,
Quezon City from July 8 to July 14, 1958, and at Baesa, Bagbag and
Balong Bato, all in Novaliches, Quezon City, from July 21 to July 25,
1958, to determine the volume of passengers along the line, and his
report shows that the buses passing through the places where he had
established checkpoints are loaded with passengers at the rate of 78%
of their authorized load. In addition to the above evidence,
photographs of Halili buses, Exhs. “H”, “H-l” to “H-18”,, were
presented to the Commission to prove that the Halili buses along the
line from Blumentritt, Manila to Novaliches, Quezon City, were
overloaded, thereby corroborating the testimonies of the witnesses
presented by the applicant.

The oppositor for his part, submitted his own evidence, consisting
of the testimonies of witnesses and reports of two agents of the Public
Service Commission. The witnesses declared that the trips of the Halili
buses are frequent; that the buses start from Divisoria, Manila, and
passes through Teodora Alonso street, Azcarraga, Doroteo Jose,
Oroquieta, Tayabas, Rizal Avenue, Blumentritt, A. Bonifacio, and then
Novaliches; that the petitioner has been losing financially on all
lines from Manila passing through and ending at Novaliches. An agent of
the Public Service Commission also testified that he checked the volume
of passengers at the intersection of Balintawak-Novaliches road
(Quirino Highway) and Tandang Sora Avenue, Quezon City, from October 10
to October 16, 1958, and that he and his co-agent found that the
average load of buses along the line in question is only 39% of their
authorized capacity.

After considering the above evidence, the Commission granted the
applicant four buses with Blumentritt, Manila and Novaliches, Quezon as
terminals.

A study of the evidence submitted by both parties shows that the
conflicting testimonies of the witnesses on both sides can be
reconciled. It may be true that when the buses of petitioner herein
Halili start from Bagumbong; Amparo Subdivision, Malaria, San Jose del
Monte and Ipo, they may not yet be filled to capacity, but it is most
probable that when they reach Novaliches they are already full and can
not take any more passengers. So that the residents of Novaliches have
to rely for their transportation on petitioner’s two buses whose
terminal is at that place and several jitneys plying along the line,
which are shown to be inadequate to cope with the volume of passengers.
The same situation may also exist on the Manila end of the line. It may
be true that the buses of petitioner herein which start at Divisoria,
Manila are not loaded when they start at their terminals, but as they
pass through the streets of Manila, they take in passengers, so that
upon reaching Blumentritt, or at any other point before Novaliches,
said buses can no longer take additional passengers waiting at
Blumentritt or Novaliches.

Regarding the checking reports of Agents Augusto Ocampo and
Pelicisimo Rivera, we consider the same not absolutely accurate, for it
is possible that the buses may be full before reaching the checkpoints
established by them, as many passengers may have already alighted
before the buses reach said checkpoints, and then again many passengers
may ride after passing said checkpoints. We, therefore, consider the
results of the checking not to be conclusive as to the volume of
passengers. As to the losses incurred by petitioner, the same is no
proof that additional service is not needed at Blumentritt and
Novaliches.

We are inclined to agree with the testimonies of the witnesses for
the applicant that petitioner’s buses are always full when passing
through Novaliches and there are no more spaces for passengers riding
in that place. It is, perhaps, for this reason that the Public Service
Commission granted the applicant four units to operate from
Blumentritt, Manila to Novaliches, Quezon City.

Finding that the decision of the Public Service Commission is
supported by the weight of the evidence, we hereby affirm the same,
with costs against petitioner Fortunato F. Halili.

Bengzon, C. J., Padilla, Bautista Angelo, Concepcion, Reyes, J. B. L., Paredes, and De Leon, JJ., concur.