FIRST DIVISION
[G.R. No. 45577. October 30, 1937. ]
ELPIDIO JAVELLANA, Petitioner, v. LA PAZ ICE PLANT & COLD STORAGE CO., INC., and THE PUBLIC SERVICE COMMISSION, Respondents.
William E. Greenbaum and Luis Hofileña for Petitioner.
Felipe Ysmael and Jose F. Orozco for respondent La Paz Ice Plant & Cold Storage Co., Inc.
Evaristo Sandoval for respondent Public Service Commission.
SYLLABUS
1. PUBLIC SERVICES; PROVISIONAL AUTHORIZATION BY THE PUBLIC SERVICE COMMISSION OF EXTENSION OF PRODUCTIVE CAPACITY OF A COMPANY. — When an ice-producing company applies for permission to extend the productive capacity of its machinery and to increase its production and, the necessity of the ice-consuming public urgently demands the approval of said application, the public Service Commission, after due hearing and presentation of evidence, many provisionally authorize the extension applied for, when it cannot decide the case within the shortest time possible, and in doing so does not exceed its jurisdiction (sec. 16, par. [h], Commonwealth Act No. 146).
2. ID.; ID.; DISCRETIONARY POWER OF THE PUBLIC SERVICE COMMISSION. — Although the order, the annulment of which is purpose of remedying an urgent public necessity, in a case wherein the extension of an already existing certificate is asked for and after the interested parties had presented had presented their respective evidence, said order is legal and valid and the respondent commission acted within the scope of its discretionary powers in issuing it.
2. ID.; ID.; DISCRETIONARY POWER OF THE PUBLIC SERVICE COMMISSION. — Although the order, the annulment of which is purpose of remedying an urgent public necessity, in a case wherein the extension of an already existing certificate is asked for and after the interested parties had presented had presented their respective evidence, said order is legal and valid and the respondent commission acted within the scope of its discretionary powers in issuing it.
D E C I S I O N
VILLA-REAL, J.:
This is a petition filed by Elpidio Javellana praying that the secretary of the Public Service Commission be ordered to certify and forward to this court for review all the records of cases Nos. 11282, 45123, 46741, and 46831 of the Public Service Commission, and that judgment later be rendered declaring null and void the order of said Public Service Commission dated April 9, 1937, issued in case No. 46831, for being inofficious and illegal.
The respondent La Paz Ice Plant & Cold Storage Co., Inc., was the holder of a certificate of public convenience issued by the other respondent Public Service Commission in case No. 11282 of said commission, to maintain and operate in the Province of Iloilo an ice plant capable of producing 10 tons of ice daily (Annex A of the motion for reconsideration Annex B).
The petitioner, Elpidio Javellana, is the holder of a certificate of public convenience authorized to maintain and operate in the same Province of Iloilo an ice plant capable of producing 10 tons of ice daily. Said petitioner later obtained authority, in case No. 46741 of the Public Service Commission, to increase the productive capacity of his ice plant and the production thereof to 30 tons of ice daily.
In case No. 23573 of said commission, the respondent La Paz Ice Plant & Cold Storage Co., Inc., was likewise authorized, in an order of June 6, 1930 (Exhibit 1), to install an additional 80 H. P. Blackstone Engine to be operated in accordance with the conditions imposed in the certificate of public convenience issued in its favor in the above-stated case No. 11282. Said respondent, however, installed a 130 H. P. Fairbanks-Morse Diesel Engine in place of said machinery, thereby increasing its production to 30 tons of ice daily from the year 1930, without having previously obtained authority therefor from the Public Service Commission (Record No. 46831, page 21).
On October 3, 1936, said respondent La Paz Ice Plant & Cold Storage Co., Inc., in case No. 46831 of the Public Service Commission, applied for the approval of its said petition to increase production to 30 tons of ice daily, and of another petition for authority to further extend the capacity of its machinery for the purpose of producing 20 tons more, thereby increasing its total daily production to 50 tons of ice. This petition was opposed by the herein petitioner Elpidio Javellana, alleging that such practice of increasing production before obtaining the approval thereof should not be sanctioned, and that said respondent should not produce more than 10 tons of ice daily inasmuch as the needs of the consuming public could be satisfied by all the operators authorized to supply said commodity (Record No. 46831, pages 23 and 31).
While said motion was pending decision by the Public Service Commission, the herein respondent La Paz Ice Plant & Cold Storage Co., Inc., began to install another unit in its machinery, consisting of a 200 H. P. Deutz Diesel Engine. In view thereof, the herein petitioner Elpidio Javellana, on February 13, 1937, filed a complaint with the Public Service Commission, in case No. 48426, praying for the suspension of the installation in question as well as for the cessation of the operation of the other two units, that is, a Blackstone Engine 38-42 H. P. with one 7
The respondent La Paz Ice Plant & Cold Storage Co., Inc., was the holder of a certificate of public convenience issued by the other respondent Public Service Commission in case No. 11282 of said commission, to maintain and operate in the Province of Iloilo an ice plant capable of producing 10 tons of ice daily (Annex A of the motion for reconsideration Annex B).
The petitioner, Elpidio Javellana, is the holder of a certificate of public convenience authorized to maintain and operate in the same Province of Iloilo an ice plant capable of producing 10 tons of ice daily. Said petitioner later obtained authority, in case No. 46741 of the Public Service Commission, to increase the productive capacity of his ice plant and the production thereof to 30 tons of ice daily.
In case No. 23573 of said commission, the respondent La Paz Ice Plant & Cold Storage Co., Inc., was likewise authorized, in an order of June 6, 1930 (Exhibit 1), to install an additional 80 H. P. Blackstone Engine to be operated in accordance with the conditions imposed in the certificate of public convenience issued in its favor in the above-stated case No. 11282. Said respondent, however, installed a 130 H. P. Fairbanks-Morse Diesel Engine in place of said machinery, thereby increasing its production to 30 tons of ice daily from the year 1930, without having previously obtained authority therefor from the Public Service Commission (Record No. 46831, page 21).
On October 3, 1936, said respondent La Paz Ice Plant & Cold Storage Co., Inc., in case No. 46831 of the Public Service Commission, applied for the approval of its said petition to increase production to 30 tons of ice daily, and of another petition for authority to further extend the capacity of its machinery for the purpose of producing 20 tons more, thereby increasing its total daily production to 50 tons of ice. This petition was opposed by the herein petitioner Elpidio Javellana, alleging that such practice of increasing production before obtaining the approval thereof should not be sanctioned, and that said respondent should not produce more than 10 tons of ice daily inasmuch as the needs of the consuming public could be satisfied by all the operators authorized to supply said commodity (Record No. 46831, pages 23 and 31).
While said motion was pending decision by the Public Service Commission, the herein respondent La Paz Ice Plant & Cold Storage Co., Inc., began to install another unit in its machinery, consisting of a 200 H. P. Deutz Diesel Engine. In view thereof, the herein petitioner Elpidio Javellana, on February 13, 1937, filed a complaint with the Public Service Commission, in case No. 48426, praying for the suspension of the installation in question as well as for the cessation of the operation of the other two units, that is, a Blackstone Engine 38-42 H. P. with one 7
