MANDALUYONG BUS CO., INC., DIONISIO MANALOTO, HERMINIA PASCO, SOLEDAD SAN AGUSTIN, BLAS REYES, ANASTACIO ESMAO, MAXIMO REYES, MANDBUSCO, INC., AND MERCEDES CLEMENTE, PETITIONERS…

Review of a decision of the
Public Service Commission ^[1] granting respondent
Luis Enrique a certificate of public convenience to operate eight (8) PUJ
jeepneys on a six-kilometer line: Bambang (Pasig, Rizal) Epifanio de los Santos
Avenue corner Shaw Boulevard (Mandaluyong, Rizal), via poblacion of
Pasig.

Following are the facts found by
the Commission:

“We find that on the line applied
for there are several buses that pass x x x but most of these buses come from
long distant provinces and they do not usually pick up passengers on the way
whose destinations are near. The proposed service will benefit not only the
residents living along the line but also those who are working in the various
factories and business establishments situated within the vicinity of the
proposed line. However, we find that the grant of eight (8) jitneys will be
sufficient to serve those commuters on the proposed
line.

Finding further that applicant is
a Filipino citizen and financially capable to operate and maintain the proposed
service, the Commission believes that the certificate of public convenience
applied for may be as it is hereby GRANTED to the applicant, x x x .”^[2]

1. Drawing our attention, at the
outset, is the evidence that prior to the application, respondent was already
operating four (4) jeepneys without first procuring a certificate of public
convenience. We would not have hesitated to clamp down on this application, were
it not for the peculiar circumstances of this case. The evidence of record
discloses that, with the collapse of the bridge at
Rosario, and the closure to vehicular
traffic of the Vargas bridge at Bagong Ilog,
Pasig, commuters in great number found
themselves stranded. These were mostly of the laboring class. Although, of course, there were also school children, employees and
merchants among them. This circumstance induced what is locally coined as
“colorum” operation of about 30 jeepneys. The Municipal Council of Pasig took
stock of the situation and, on September 17,
1962,
adopted Resolution 211, whereunder it took a direct hand, rounded the unlicensed
operators, and offered direct help to procure the approval of their certificates
of public convenience. Respondent filed his application on the following day,
September 18.

Unauthorized operation of public
utilities should not be countenanced. It would seem though that stern necessity
should take respondent’s case out of the rigidity of the rule which normally
should bar approval of his application. From all appearances, respondent’s was
an operation in good faith. It was in response to a pressing need. At least,
respondent exhibited no wilful disregard of the law – he promptly filed his
application. ^[3] The interests of the
commuters are paramount.^[4]

Respondent’s application should
not be turned down on this score.

2. An examination of the record
convinces us that the findings of fact of the Commission on the question of
public necessity and convenience are amply sustained by the record. The evidence
for respondent on this point finds full support in the following, culled from
the transcript of the testimony of Arturo Clemente – witness for petitioners –
viz:

“Q. Mr. Clemente, the applicant
claims that there is need for additional unit on the line. What can you say as
to that?

A. I agree that there is need for
additional equipment.”^[5]

And if more were still needed,
the very fact that about 30 unauthorized jeeps ply along the six-kilometer line,
furnishes a clear indicium that the services of the existing authorized
operators did not meet the public demand.^[6] The truth of the
matter is that petitioners here operate on extended lines, going to Quiapo and
coming from as far as Sta. Maria, Jalajala, Tanay, Antipolo and Pililla,^[7] with the result that
when petitioners’ buses pass by the short line applied for, they are usually
filled.^[8]

3. Neither is there merit to
petitioners’ averment that, as established operators, they should be given
preference to increase their equipment. Because, they failed in their obligation
to apply for such increase at the time when necessity arose.^[9] Since the route applied for
is short, petitioners overlooked public necessity, as it would not advance their
private interests. At any rate, the Public Service Commission has spoken. In the
factual environment here, we are unprepared to say that discretion was abused.
For, the Commission took into account as overriding, public interest and
convenience. ^[10]

4. As unsubstantial is
petitioners’ claim that respondent’s financial capacity is not beyond question.
The approved equipment is only for eight jeeps, of which he already had five at
the time of his testimony. He is a businessman, a partner in a ricemill and
flower pot factory. He owns a P15,000 rock-and-adobe
quarry in Teresa, Rizal, where he derives an income of about P180.00 a week. He
has an P18,000 investment in the Central Market textile
store of his wife. These are facts which prove his financial
capacity.

Upon the foregoing, the judgment
under review is affirmed. Costs against
petitioners.

SO
ORDERED.

Concepcion, C.J., Reyes, J. B.
L., Dizon, Regala, Makalintal, Bengzon, J. P., Zaldivar and Ruiz Castro, JJ., concur.

^[1] Case No. 62-5380, Public Service
Commission, Luis Enrique, applicant.

^[2] Record, p.
139.

^[3] Re Maryville Electric Light
& Power Co., P.U.R. 1927C, 453,455.

^[4] Re United Parcel Service of Los
Angeles, Inc., P.U.R. 1926E 321, 341; Re Pesa and
Davis, P.U.R. 1928B,
783,786.

^[5] Record, p.
119.

^[6] La Mallorca and Pampanga Bus Co., Inc. vs.
Mendiola, G.R. No. L-19558, April 29,
1966.

^[7] Record, p.
118.

^[8] Testimony of respondent, Record,
p. 73.

^[9] Philippine Long Distance
Telephone Co. vs. City of Davao, et al., G.R. No. L-23080,
September 20,
1965.

^[10] Valle Bros. Inc. vs. Public
Service Commission, et al., G.R. No. L-18694, January
31, 1966.