Arrow Transportation vs Board of Transportation Admin Law Digest

Arrow Transportation Corp

-vs-

Board of Transportation and Sultan Rent-A-Car, Inc.

GR No. L-9655, 21 March 1975

63 SCR 193

FACTS

            Petitioner Arrow and private respondent Sultan are both domestic corporations. Petitioner is a holder of a Certificate of Public Convenience to operate a public utility bus. Private respondent applied for the issuance of a CPC to operate a similar service. Without the required publication, public respondent Board granted a provisional permit to operate. Petitioner moved for reconsideration and cancellation of the provisional permit. Before resolution of the motion, petitioner filed for herein petition arguing that there must be publication before a provisional permit can be issued, with reference made to PD 101, which authorized the Board to grant provisional permits when warranted.

ISSUE

            Whether or not the issuance of the provisional permit was legal.

HELD

            The Court held in the affirmative. For a provisional permit to operate a public utility, an ex parte hearing would suffice. The decisive consideration is the existence of public need. That was shown in this case, respondent Board, on the basis of demonstrable data, being satisfied of the pressing necessity for the grant of the provisional permit sought.

            Petition dismissed.