G.R. No. 46208. December 12, 1938
MANILA RAILROAD COMPANY, PETITIONER, VS. PARSONS HARDWARE COMPANY, INC., RESPONDENT.
Decisions / Signed Resolutions December 12, 1938 LAUREL, J.:
LAUREL, J.:
On
April 19, 1938, Parsons Hardware Company, Inc., filed an application
with the Public Service Commission for a certificate of public
convenience to auto-trucks for freight from Manila to any part in
Central Luzon including the Mountain Province and the Provinces of
Rizal, Laguna, Batangas and Tayabas. This was opposed by the Manila
Railroad Company, among others. After hearing, the Public Service
Commission granted the application and directed the issuance of the
corresponding certificate of public convenience, subject to certain
conditions. A motion for reconsideration and rehearing was filed by the
Manila Railroad Company but was denied, exception was taken, and the
case elevated to this court for review. The only evidence on which the
granting of the certificate of public convenience is predicated is the
finding by the Public Service Commission, on the strength of the
testimony of the only witness for the applicant, that “the applicant
has a number of T trucks used for the delivery to the northern
provinces, Central Luzon, and provinces near Manila of goods and
merchandise purchased from it by its customers. Two of these trucks
will be registered under TH denomination in order to enable applicant
to accept cargoes upon their return to Manila so as to avoid or
minimize the losses incurred in the return of its trucks to Manila
without cargo and to serve the needs of its customers or the general
public who may desire to avail of the services of the same. In other
words, the acceptance of cargo by the two trucks proposed by the
applicant to be registered under TH denomination will be purely
incidental, as it is not the intention of the applicant to engage in
the regular business of transportation of cargo or freight in
competition with existing TH auto-truck operators. Applicant promises
to register not more than two trucks under TH denomination and to abide
by all rules and regulations applicable to TH service.” The evidence
presented does not reasonably support any finding of public necessity
or public convenience. Even accepting the finding of the commission
what is principally to be served here is the private interest of the
applicant through avoidance of “the losses incurred in the return of
its trucks to Manila without cargo,” and service to the general public
becomes incidental and accidental. Upon the meager evidence presented,
public necessity and convenience remains an undetermined factor and the
Public Service Commission erred in granting the petition of Parsons
Hardware Company, Inc.
April 19, 1938, Parsons Hardware Company, Inc., filed an application
with the Public Service Commission for a certificate of public
convenience to auto-trucks for freight from Manila to any part in
Central Luzon including the Mountain Province and the Provinces of
Rizal, Laguna, Batangas and Tayabas. This was opposed by the Manila
Railroad Company, among others. After hearing, the Public Service
Commission granted the application and directed the issuance of the
corresponding certificate of public convenience, subject to certain
conditions. A motion for reconsideration and rehearing was filed by the
Manila Railroad Company but was denied, exception was taken, and the
case elevated to this court for review. The only evidence on which the
granting of the certificate of public convenience is predicated is the
finding by the Public Service Commission, on the strength of the
testimony of the only witness for the applicant, that “the applicant
has a number of T trucks used for the delivery to the northern
provinces, Central Luzon, and provinces near Manila of goods and
merchandise purchased from it by its customers. Two of these trucks
will be registered under TH denomination in order to enable applicant
to accept cargoes upon their return to Manila so as to avoid or
minimize the losses incurred in the return of its trucks to Manila
without cargo and to serve the needs of its customers or the general
public who may desire to avail of the services of the same. In other
words, the acceptance of cargo by the two trucks proposed by the
applicant to be registered under TH denomination will be purely
incidental, as it is not the intention of the applicant to engage in
the regular business of transportation of cargo or freight in
competition with existing TH auto-truck operators. Applicant promises
to register not more than two trucks under TH denomination and to abide
by all rules and regulations applicable to TH service.” The evidence
presented does not reasonably support any finding of public necessity
or public convenience. Even accepting the finding of the commission
what is principally to be served here is the private interest of the
applicant through avoidance of “the losses incurred in the return of
its trucks to Manila without cargo,” and service to the general public
becomes incidental and accidental. Upon the meager evidence presented,
public necessity and convenience remains an undetermined factor and the
Public Service Commission erred in granting the petition of Parsons
Hardware Company, Inc.
The decision of the Public Service
Commission is hereby reversed, with costs against the respondent
Parsons Hardware Company, Inc. So ordered.
Avanceña, C, J., Villa-Real, Imperial, Diaz, and Concepcion, JJ., concur.