G.R. No. 38561. September 05, 1933
FERNANDO ENRIQUEZ, PETITIONER AND APPELLANT, VS. PAMPANGA BUS CO., INC., RESPONDENT AND APPELLEE.
HULL, J.:
seeks a review of an order of the Public Service Commission declining
to reopen and set aside certain orders relative to the respondent. The
Public Service Commission after hearing petitioner held that the
schedule granted to the Pampanga Bus Co., Inc., in no manner affected
the rights of the petitioner, whereupon petitioner comes here, admits
he has failed to show in what way he is injuriously affected, but
claims nevertheless a right to be heard and prays that we examine and
pass upon the validity of the orders of the Public Service Commission
granting certain optional hours to respondent on its
Masantol-Macabebe-San Fernando route.
Petitioner is the
holder of a certificate of public convenience for a route,
Masantol-Macabebe-Manila, and therefore for a short distance the two
routes coincide, but they are not competitors as petitioner holds a
restrictive license as to local passengers.
This court will
not spend its time deciding questions the resolution of which cannot
affect the rights of the persons presenting them. (Beech vs.
Crossfield, 12 Phil., 555-558.)
In the absence of showing of
any interest in the case, petitioner has no standing in this court, and
the petition for review must be and is hereby dismissed, with costs
against the petitioner.
On the assumption that the case had been submitted, a decision was promulgated August 22, 1933.[1] The
case was orally argued on August 24, 1933. It has been reconsidered by
the court, and this decision takes the place of that formerly entered.
So ordered.
Avanceña, C. J., Malcolm, Villa-Real, and Imperial, JJ., concur.
[1] Page 937, post.