PAMPANGA BUS COMPANY, INC., Petitioner VS. ALBERTO GUINTO RESPONDENT.

In 1946 Alberto Guinto was granted an emergency certificate valid up
to 31 December 1948 only. It authorized him to operate an auto-truck
service between Lamao (Bataan)-Manila and Tarlac (Tarlac)-Manila. On 11
January 1949, Alberto Guinto filed a petition for conversion of his
emergency certificate, which had expired on 31 December 1948, into a
regular certificate (Case No. 46202). The petition was set for hearing
on 8 August 1950 and submitted for decision on 25 August, same year.
Meanwhile, upon proper representations Alberto Guinto was allowed to
continue the operation of the auto-truck service under his emergency
certificate until after his application for conversion into a regular
certificate shall have been decided. On 7 March 1952, on the ground
that Alberto Guinto had completely abandoned his authorized service
during the year 1951 and from January 1952, the Pampanga Bus Company
Inc. filed a motion to cancel the operation of the service under the
emergency certificate or provisional authority and to dismiss the
application for the granting of the regular certificate in Case No.
46202. On the date set for hearing of the motion for cancellation of
the emergency certificate, the Pampanga Bus Company Inc. did not
present any witness as it had none. Alberto Guinto admitted to the
commission that although there were interruptions in his service, the
same were not voluntary but due to causes beyond his control, such as
difficulty in securing tires and spare parts of the trucks, and also
due to the unsettled peace and order condition as a result of the army
operations against Hukbalahaps in the province of Bataan.
After hearing, the Commission did not deem wholly satisfactory the
explanation made by Alberto Guinto as regards the interruption of the
service without previous authority from the Commission and for that
reason imposed upon him a fine of P50. A motion for reconsideration of
the last order of 28 April 1952 was filed by the Pampanga Bus Company,
Inc., and at the hearing of the motion evidence was presented by it
consisting of the testimony of Jose Gonzales Jr., a maintenance foreman
(capataz) in the Bureau of Public Works stationed at Mabatang, Balanga,
Bataan, and of Virgilio Celis, agent of the Commission in charge of
checking the trips of operators in Balanga.

The testimony of both witnesses does not prove complete interruption
by Alberto Guinto of the service during 1951 and from January to March
1952. Such being the case and pursuant to section 25 of Com. Act No.
146, the order complained of should be sustained and affirmed.

The fact that after the decision was rendered in the case for
conversion of the emergency into a regular certificate, Alberto Giunto
sold his rights to Florencio P. Buan is not relevant to the question at
issue in this incident. The authority of the Public Service Commission
to impose a fine as well as to “compromise any case that may arise
under this Act in such manner and for such amount as it may deem just
and reasonable” are provided for in sections 21 and 22, respectively,
of Com. Act. No. 146.

Although the petition prays for a review not only of the orders of
28 April 1952, the latter denying motion for reconsideration of the
former, but also of the decision rendered on 2 May 1952, granting a
certificate of public convenience to Alberto Guinto, it is, however,
clear that the question in this incidents concerns the first two orders
only and not the decision of 2 May 1952, notice of which, according to
the very allegation of the Pampanga Bus Company, Inc., has never been
served upon it, in spite of the fact that it is a party to the case.
After notice thereof, the Pampanga Bus Company, Inc. may take legal
steps to have the decision review if it so desires.

The orders of 28 April and 23 August 1952 are affirmed, without pronouncement as to cost.

Paras, C..J., Pablo, Bengzon, Montemayor, Reyes, A., Jugo, Bautista Angelo, Labrador, Concepcion and Reyes, J.B.L., JJ. concur

Mr. Justice Montemayor took no part.