B2_SIOSON, KRYSTYN RAEMERIKKA

Case digest (September 17, 2022)

PANGASINAN TRANSPORTATION CO. INC. VS THE PUBLIC SERVICE COMMISSION G.R NO. 47065 (JUNE 26, 1940)

FACTS:
- Petitioner is engaged in the business of transporting passengers un the province of Tarlac and Pangasinan by means of motor vehicle
known as TPU buses, in accordance with the certificate of public convenience issued by the former Public Utility Commission on
August 26, 1939.
- Petitioner filed with the Public Service Commission an application for authorization to operate ten additional new Broadway trucks on
the ground that they were needed to comply with terms and conditions of its existing certificates.
- Respondent granted the application but with conditions that it may be acquired upon payment of the reasonable cost price and that it
is for a limited life as prescribed under Commonwealth Acts Nos. 143 and 454.
- Petitioner challenged the conditions imposed on the ground that under its existing certificates, the same were not imposed. Included
that the conditions should apply only to certificates issued after the enactment of CA No. 454 and amendment of CA no. 146.

ISSUE:
- Whether the petitioner may be covered by the conditions imposed by the PSC under the CA Nos. 146 and 454
- Whether Commonwealth Act No. 454 is unconstitutional for being undue delegation of legislative power on the ground that without
limitation, guide or rule.

RULING:
- Yes. The petitioner is mistaken in the suggestion that simply because its existing certificates had been granted before the enactment
of CA No. 454 and amendment of CA No. 146, it must be deemed to have the right of holding them is perpetuity.
- Section 74 of the Philippine Bill provided that no franchise or privilege except under the conditions that it shall be subject to
amendment.
- Statutes enacted for the regulation of public utilities being a proper exercise of police power are applicable to those already
established and in operation.
- The challenged provisions of CA No. 454 are valid and constitutional.
- Due to failure to observe procedural due process, the case is remanded to PSC for further proceedings.

ANALYSIS:
- PSC has the power, upon notice and hearing to amend, modify or revoked at any time any certificates issued, whenever the facts and
circumstances is applied.
- The limitation of 25 years was never heard, so the case was remanded to PSC for further proceedings.
- The liberty and property of the citizens should be protected by the requirements of fair play.

CONCLUSION:
- A private property is affected with a public interest, it ceased to be private use only.
- The challenged provisions of Commonwealth Act No. 454 are valid and constitutional because it is a proper delegation of legislative
power.
- All that has been delegated to the Commission is the Administrative function, involving the use of discretion to carry out the will of
the National Assembly having in view of promoting public interests in a proper manner.