M. P. TRANSPORTATION CO., INC., PETITIONER, VS. THE PUBLIC SERVICE COMMISSION AND THE MANILA RAILROAD CO., RESPONDENTS.

An
original action for certiorari with injunction. On August 26, 1933, the
Manila Railroad Company filed an application with the Public Service
Commission to put into effect supplement No. 7 to special tariff 254-B,
which supplement provides for reduced rates on acids, chemicals, iron
cables, and galvanized iron roofing between Manila and Baguio and the
mines in that immediate district. The Public Service Commission, ex parte
and without taking any evidence, authorized the rates to be put into
effect September 4, 1933, and provided for notice and giving all
persons a right to object in writing within thirty days. The M. P.
Transportation Co., Inc., an operator of auto lines between Bauang and
Baguio and the mines and a competitor of the Benguet Auto Line, which
operates over the same territory (Benguet Auto Line is owned by the
Manila Railroad Company), filed an opposition and asked that the order
of August 29, allowing the so-called joint rates of September 4, 1933,
be reconsidered and set aside.

This was denied by the commission on October 16, and the case was set for hearing on the merits on November 28, 1933.

This application was filed on October 21, 1933.

We believe that under paragraph (h),
section 15, of Act No. 3108, the Legislature has laid down the rule
that changes in rates under normal conditions should not take effect
within thirty days. The commission is, however, given authority by
order to permit the rates to take effect in a shorter period. To set
aside the legislative period requires an affirmative act of the
commission, and it would seem that due showing of the necessity of the
order should be required before the commission acts. As, however, the
thirty-day period expired before the filing of this case, the question
is deemed academic.

The nature of the changes proposed is
not set forth in this proceeding. The Public Service Commission was to
have a hearing on the merits one week after this case was submitted to
this, court. It must be assumed that the Public Service Commission,
after hearing, will enter appropriate orders, will not approve of any
change in rates that would be unremunerative or destructive, or would
permit the Benguet Auto Line to engage in ruinous competition with
petitioner through an unrestrained rate war. If any rights of
petitioner are being adversely affected, it has a speedy remedy in a
hearing before the Public Service Commission, and therefore must
exhaust that remedy before coming to this court for relief.

The issue of a writ of certiorari is denied. Costs against petitioner. So ordered.

Malcolm, Villa-Real, Imperial, and Diaz, JJ., concur.