A. L. AMMEN TRANSPORTATION CO., INC., PETITIONER, VS. DANIEL RAYALA AND ENRIQUE DE LEON, RESPONDENTS.

In G. R. No. L-10371, the respondent, holder of an emergency
certificate of public convenience to operate an auto-truck service over
the Oas (Albay) lines, applied to the Public Service Commission for the
issuance of a regular certificate. The petitioner, a pre-war operator
over the same lines, filed an opposition, alleging that, as it had
already resumed its pre-war service with the acquisition of 263 units
in 1952, the conditions that warranted respondent’s emergency
certificate no longer existed. After hearing, the Commission granted
the application. The petitioner has appealed.

The evidence
for the respondent tends to show that, in the territory covered by the
lines in question, there are market days throughout the week during
which traffic is always heavy and buses filled with passengers and
freight; that there are many students from different towns going to
schools and colleges in the morning and returning home in the
afternoon; that there are now more commercial and industrial activities
in Albay and Camarines Sur; and during harvest season in Camarines Sur,
laborers from Albay migrate thereto; that the increased population of
the province necessitates the operation of more transportation
facilities.

The petitioner, through the testimony of its
Assistant Traffic Manager, alleges that the respondent has not been
profiting from his transportation business, as shown by a certification
of the municipal treasurer of Oas, and that the petitioner has already
completed its pre-war equipment of 263 units.

The emergency
certificate sought by the respondents to be made regular and permanent
provides that “considering the service applied for in this case is
authorized during a state of emergency, the Commission hereby reserves
the right to alter or modify the conditions herein enumerated or to
impose additional conditions in order to adjust applicant’s operation
to changing conditions and to eventual resumption of operation and
under normal conditions.”

We cannot sustain petitioner’s
contention that respondent’s emergency certificate is thus subject to
the condition that it expires upon petitioner’s resumption of its
pre-war operations. Petitioner’s acquisition of 263 units cannot be
deemed as solely contemplated by “changing conditions and to eventual
resumption of operation and under normal conditions.” The changes
brought about by the last world war, the complications of
rehabilitation, the economic and industrial strides, the increase in
population, the intensified agricultural programs, and men’s inspiring
interest in education, are a few other factors properly to be
considered by the Commission in determining whether or net respondent’s
applications should be granted.

The foregoing considerations
more or less apply to G. R. No. L-10409, wherein the respondent, holder
of a five-year certificate of public convenience to operate an
auto-truck service over the lines Daet-Mambulao, Daet, Basud, Daet-San
Vicente, Daet-Paracale, Daet-Vinzons and Daet-Mercedes, all in the
province of Camarines Norte, applied for a renewal of said certificate
for another five years. The petitioner, as in G.R. No. L-10371, filed
an opposition, on the ground that it is already rendering complete,
efficient, adequate and satisfactory service on the same lines. The
Public Service Commission, after considering each party’s evidence,
granted the application, and the petitioner has appealed.

It
appears that, in respondent’s authorized lines, merchants make daily
trips to and from Daet to bring their products and transact their
business; that in one of the lines (Mercedes) transportation facilities
are urgently needed, because it is a fishing district and the products
therefrom have to be brought to Daet without delay; that, in
Panganiban, mines are undergoing operations and means of transportation
have to be available, to carry the laborers going to work and to supply
the requirements of the mining operations.

The appealed decisions are therefore hereby affirmed with costs against the petitioner. So ordered.

Bengzon, Padilla, Bautista, Angelo, Labrador, Concepcion, Barrera, and Gutierrez David, JJ., concur.