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  • 6.mandbusco Vs Francisco 32 SCRA 405

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    The respondent Pablo Francisco applied for a certificate of public convenience to operate 5 jeepneys between Barrio Pinagbuhatan, Pasig, Rizal to the intersection of Highway 54 and Shaw Boulevard in Mandaluyong, Rizal. The Public Service Commission granted the application over the opposition of petitioners Mandbusco, Inc. and others. The petitioners argued that the "old operator rule" should apply since Mandbusco already had a certificate to operate buses on a similar route. However, the Court found that the old operator rule did not apply because the respondent's certificate was for a new and distinct route, a brief 8 km shuttle between Barrio Pinagbuhatan and Pas

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    6.Mandbusco vs Francisco 32 SCRA 405

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    The respondent Pablo Francisco applied for a certificate of public convenience to operate 5 jeepneys between Barrio Pinagbuhatan, Pasig, Rizal to the intersection of Highway 54 and Shaw Boulevard in Mandaluyong, Rizal. The Public Service Commission granted the application over the opposition of petitioners Mandbusco, Inc. and others. The petitioners argued that the "old operator rule" should apply since Mandbusco already had a certificate to operate buses on a similar route. However, the Court found that the old operator rule did not apply because the respondent's certificate was for a new and distinct route, a brief 8 km shuttle between Barrio Pinagbuhatan and Pas

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    169 views1 page

    6.mandbusco Vs Francisco 32 SCRA 405

    Uploaded by

    Wren
    The respondent Pablo Francisco applied for a certificate of public convenience to operate 5 jeepneys between Barrio Pinagbuhatan, Pasig, Rizal to the intersection of Highway 54 and Shaw Boulevard in Mandaluyong, Rizal. The Public Service Commission granted the application over the opposition of petitioners Mandbusco, Inc. and others. The petitioners argued that the "old operator rule" should apply since Mandbusco already had a certificate to operate buses on a similar route. However, the Court found that the old operator rule did not apply because the respondent's certificate was for a new and distinct route, a brief 8 km shuttle between Barrio Pinagbuhatan and Pas

    Copyright:

    © All Rights Reserved
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    of 1

    6.

    Mandbusco vs Francisco 32 SCRA 405

    G.R. No. L-23688 April 30, 1970 MANDBUSCO, INC., MANDALUYONG BUS CO., INC., PRESCILO
    CAMAGANACAN, BLAS REYES and ANASTACIO ESMAO, petitioners, vs. PABLO FRANSCISCO,
    respondent.

    FACTS: Pablo Francisco applied for a certificate of public convenience covering the operation of
    five (5) PUJ jitneys from barrio Pinagbuhatan, Pasig, Rizal to the intersection of Highway 54 and
    Shaw Boulevard, Mandaluyong, Rizal (otherwise known as the "Crossing") and vice-versa.
    Hearing was conducted, after due notice and publication, enabling both the respondent
    applicant and the oppositors Mandbusco, Inc., et al., to adduce their respective evidence. Public
    Service Commission granted the application.

    In the course of the hearing the petitioners presented a certificate of public convenience
    allowing the Mandaluyong Bus Co., Inc. to utilize two of their buses, and a third as reserve, for
    the line from Pinagbuhatan (Pasig, Rizal) to Plaza Miranda (Quiapo, Manila) via Mandaluyong,
    Rizal. This, according to petitioners, should completely negate the finding of the Commission
    that there exists no direct service from barrio Pinagbuhatan to the crossing of Highway 54 and
    Shaw Boulevard. The Court disagrees. The certificate of public convenience adverted to merely
    proves that authority has been given to the grantee to operate public utility vehicles in the
    designated territory. It cannot serve as proof that the grantee has made actual use of such
    authority. The petitioners invoke the "old operator rule,"

    ISSUE: Whether or not the "old operator rule" invoked by the petitioners applies in this case

    HELD: No. The old operator rule, which is to the effect that a public utility operator should be
    shielded from ruinous competition by affording him the opportunity to improve his equipment
    and service before allowing a new operator to serve in the same territory he covers, has no
    application in this case because the certificate of public convenience granted to the respondent
    is a maiden franchise covering the particular line connecting barrio Pinagbuhatan and the
    crossing of Highway 54 and Shaw Boulevard.

    The certificate of public convenience authorizing the Mandaluyong Bus Co., Inc. to operate two
    buses, with one reserve, on the line extending from barrio Pinagbuhatan to Plaza Miranda in
    Quiapo, Manila, while in a sense overlapping with the authority given to the respondent, was
    essentially intended to cover the great distance run between barrio Pinagbuhatan and Quiapo.
    the grant in favor of the Francisco covers only a brief shuttle run of 8 kilometers linking barrio
    Pinagbuhatan directly with the Pasig poblacion and the crossing of Highway 54 and Shaw
    Boulevard. The Commission favored Francisco with the certificate of public convenience in
    question. The Court is not prepared to substitute our discretion with that of the Public Service
    Commission in the determination of what can best meet the requirements of public
    convenience. the decision appealed from is hereby affirmed.

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