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.
