G. R.No. 31629. February 03, 1930
MANILA ELECTRIC COMPANY, PETITIONER AND APPELLEE, VS. PASAY TRANSPORTATION CO., INC., OPPOSITOR AND APPELLANT.
OSTRAND, J.:
certificate of public convenience to operate an auto- bus line along
Taft Avenue Extension beginning at the corner of F. B. Harrison and S.
Vitan Streets to Taft Avenue, Padre Burgos Street, Plaza Lawton and
Santa Cruz Bridge to Plaza Goiti or Jones Bridge to Plaza Moraga,
returning by the same routes.
On July 17, 1928, the Pasay Transportation Co., Inc., also applied
for a certificate of public convenience for operating its auto-busses
on the Taft Avenue Extension, setting forth, among other things, that
it had maintained an auto-bus service between F. B. Harrison Street
arid the Divisoria Market, passing along Libertad, Dominga and Vito
Cruz Streets and that it therefore should be given preference to the
operation of the Taft Avenue Extension.
The certificate of convenience applied for by the Manila Electric
Company was granted by the Public Service Commission, but the
application of the Pasay Transportation Co. was denied, and the latter
thereupon filed the present petition for review.
Upon appeal, the appellant argues that it has operated an auto-bus
service through the municipality of Pasay for several years and that
the route granted the Manila Electric Company will create unfair
competition with the appellant. In view of the fact that the routes of
the two companies are not the same and that the passenger traffic in
the district in question is very heavy, we do not think that the
commission erred in granting the appellee’s application for a
certificate of public convenience. In our opinion, there is sufficient
evidence in the record to reasonably support the decision of the
commission.
Said decision is therefore affirmed with the costs against the appellant. So ordered.
Johnson, Street, Malcolm, Johns, Romualdez and Villa-Real, JJ., concur.