Del Pilar Transit v. Silva

J.P., J.:

As of December 11, 1962, the following persons filed applications for a certificate of public convenience before the Public Service Commission, thus: 1. Jose Silva, for additional auto-trucks for the transportation of passengers and freight on the following lines: Cupang (Muntinglupa, Rizal) - BBB via Alabang, Superhighway, Highway 54 (E. de los Santos Avenue), Baclaran Rotonda, Harrison, A. Mabini, Taft Avenue, Sta. Cruz Bridge, Rizal Avenue and vice versa.

Cupang (Muntinglupa, Rizal) - BBB via Alabang, Superhighway, Highway 54 (E. de los Santos Avenue), Taft Avenue, Sta. Cruz Bridge, Rizal Avenue and vice versa.1äwphï1.ñët A total of 20 units or 10 units each route would be used daily from 3:00 A.M. to 12 midnight with intervals of 15 minutes per trip both ways. 2.

Rodolfo Silva, for the operation of public utility auto-trucks on the following lines: Cupang (Muntinglupa, Rizal) - BBB via Alabang, Superhighway, Highway 54 (E. de los Santos Avenue), Taft Avenue, Sta. Cruz Bridge, Rizal Avenue and vice versa. Cupang (Muntinglupa, Rizal) - BBB via Alabang, Superhighway, Highway 54 (E. de los Santos Avenue), Baclaran Rotonda, Harrison, A. Mabini, Taft Avenue, Sta.

Cruz Bridge, Rizal Avenue, and vice versa. A total of 20 units or 10 units each route would operate from 3:00 A.M. to 12 midnight daily at 15 minutes intervals both ways. 3.

Jaguar Transportation, along the lines: Alabang-Zurbaran via Parañaque, Quirino Avenue, Harrison, Ayala, Azcarraga, Morayta, España and Quezon Boulevard. Alabang-Plaza Miranda, via Zapote, Parañaque, Quirino Avenue, Taft Avenue, Ayala, Azcarraga, Morayta, España and Quezon Boulevard. Applicant proposed the use of 10 units for each line.

The applications were opposed by Laguna-Tayabas Bus Co., Batangas Transportation Co., Del Pilar Transit, Inc., and MD Transit and Taxi Co., and Antonio Heras. By agreement of the parties, the case were jointly tried considering that the lines applied for were more or less tangent. After due hearing the Public Service Commission rendered its decision on March 19, 1963, finding the applicants financially sound, declaring that public convenience will be promoted in a proper and suitable manner by approving the application, thus: It thereunder granted separate franchises to applicants Jose Silva, Rodolfo Silva and Jaguar Transportation, giving each of them the privilege to operate eight auto-trucks along each of their respective propose lines or a total of 16 auto-trucks for each applicant.

From this decision of the Public Service Commission, Del Pilar Transit, Inc. appealed by filing this petition for review, questioning the Commission's finding of applicants' financial capacity and public necessity for the grant, with respect only to the applications of Jose and Rodolfo Silva. Jose Silva testified that he has already 10 units in reserve which he will use in case his application is granted (T.s.n., p. 7, Rayo, Jan.

10, 1963) and his assets and liabilities are shown to be as follows, Ibid.): Assets 91 units at P21,000 each P1,911,000 Garage and shop 400 Coconut land (69 has. at P5,000 a ha.) 345,000 Land in Vito Cruz, 505 sq. m.

at P70 a sq. m 35,350 TOTAL