G.R. No. 35128 , December 31, 1931
CEBU AUTOBUS COMPANY, plaintiff-appellant, vs. SIMEON DE JESUS, defendant-appellee.

FACTS

The Cebu Autobus Company, a holder of a certificate of public convenience, had the operation of several of its buses suspended on September 20 and 22, 1930, by the defendant Simeon de Jesus, the Provincial Commander of the Insular Police, acting through his subordinates. The suspension was due to the buses’ failure to carry required documents and items, such as a copy of the Public Service Commission decision, trip book, signboard, time schedule, and scale, in violation of Public Service Commission Order No. 1 and Joint Regulations. The suspension was later confirmed by the Public Service Commission. The company sued for damages, claiming the suspension was unlawful.

ISSUE

(1) Are Public Service Commission Order No. 1 and the Joint Regulations, promulgated under Section 11 of Act No. 3108 , valid and constitutional?
(2) Is the defendant civilly liable for enforcing said orders and regulations?

RULING

(1) Yes, the regulations and the enabling law are valid. Section 11 of Act No. 3108 is not an unconstitutional delegation of legislative power because it limits the Public Service Commission to prescribing rules not incompatible with the law. Such delegation is necessary to effectively implement the law’s general provisions. The Joint Regulations were also validly issued.
(2) No, the defendant is not civilly liable. The appellee acted within his authority as a special inspector of the Public Service Commission and as an agent of the Director of Public Works (under Act No. 3045 ). The suspension was a proper measure to prevent a continuing violation of the law, especially since the infractions were open and the suspension was promptly confirmed by the Public Service Commission. Acting in good faith within his official capacity, he incurred no personal liability.
The appealed decision dismissing the action was affirmed.

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