G.R. No. 34672 ; November 3, 1931
RAYMUNDO TRANSPORTATION CO., INC., petitioner-appellant, vs. MARIANO PEREZ, respondent-appellee.

FACTS

Respondent Mariano Perez, initially an irregular operator, applied to convert his Manila-Antipolo auto-truck service into a regular service and later sought to include Teresa. The Public Service Commission denied the Teresa portion but approved the Manila-Antipolo line. Subsequently, Perez filed a motion/complaint against petitioner Raymundo Transportation Co., which held a certificate for 24 hourly daily runs between Manila and Santa Cruz/Morong via Antipolo and Teresa. The commission found that Raymundo was only operating one or two buses daily, violating its certificate and failing to comply with an order to operate the full schedule. The commission then cancelled many of Raymundo’s runs to Teresa and granted Perez and two others authority to operate up to Teresa.

ISSUE

Whether the Public Service Commission erred in cancelling part of Raymundo’s certificate and granting authority to other operators on the same line.

RULING

No. The Supreme Court affirmed the commission’s decision. While the government should protect public utility operators from unfair competition, public convenience is paramount. The evidence showed the travelling public needed more efficient service than Raymundo was providing. Since Raymundo failed to operate the required number of trips under its certificate, the commission properly allowed other operators to serve the territory.

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