G.R. No. 38553 ; November 23, 1932
TOLEDO TRANSPORTATION CO., INC., oppositor-appellant, vs. EULALIO POSAS, petitioner-appellee.

FACTS

Toledo Transportation Co., Inc. filed an unverified petition for review under section 35 of Act No. 3108 , seeking to challenge an order of the Public Service Commission dated October 31, 1932. The petition failed to attach a copy of the challenged order, a copy of any motion for reconsideration, or the decision thereon. The assignments of error were stated in general terms. Furthermore, the petition named Eulalio Posas as the appellee but also stated that “the appellee is a deceased persons.”

ISSUE

Whether the petition for review filed by Toledo Transportation Co., Inc. should be granted.

RULING

No. The petition is dismissed. The Court found the petition procedurally defective for several reasons: it was unverified; it lacked the necessary attachments to establish a prima facie case for the suspension of the commission’s order; and it named a deceased person as the sole appellee. The Court held that when a proceeding before the Public Service Commission involves a controversy between adverse parties, the opposing party must be made a respondent in the review proceedings. Since the named appellee was deceased, there was no proper party respondent. The dismissal was without prejudice to the filing of a new petition with a proper party respondent within the prescribed period.

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