[ G. R. No. 40317. March 27, 1934 ] 59 Phil. 775
[ G. R. No. 40317. March 27, 1934 ]
MANILA YELLOW TAXICAB CO. ET AL., PETITIONERS AND APPELLANTS, VS. E. VESNAN, RESPONDENT AND APPELLEE.
HULL, J.:
E. Vesnan applied to the Public Service Commission for a certificate of public convenience to operate a fleet of midget taxicabs in the City of Manila and its suburbs. After hearing1, in which the existing taxicab operators opposed the granting of the certificate of public convenience, the Public Service Commission granted applicant the certificate and authority to operate nine midget taxicabs. From that order the oppositors bring this appeal and allege that the commission erred in not denying the application, as the existing operators were willing and able to increase their equipment to take care of whatever public demand might exist. Appellee for many years has been operating carromatas for hire in the City of Manila. She was one of the first to desire to change from carromatas to the midget taxicab service. She applied for a certificate of public convenience and was granted a provisional permit under which she placed in operation nine taxicabs. Upon review this court held that the Public Service Commission was without legal authority to grant in advance of hearing a provisional permit, but this court at the same time postponed the effective date of cancellation in order that the Public Service Commission might hear the case on its merits before the provisional permit was cancelled. The hearing has been had, and the Public Service Commission found that the applicant was capable of maintaining an efficient public service and was financially responsible. There are now six existing operators of taxicabs within the metropolitan area, and it is urged upon the commission and upon this court by the six operators that no further certificates can legally be granted as long as the existing operators are able and willing to supply the demand. On the other hand, the Public Service Commission and the members of this court know that the transportation problem in the City of Manila is a complex and serious question now undergoing violent changes due to the trial of various new and novel means of transportation including the midget taxicabs and auto-calesas. Likewise, new typed of horse-drawn vehicles are constantly appearing and soliciting public patronage. The use of the carromata which for a number of years has been the chief reliance of most of the inhabitants of the city for cheap transportation is rapidly being eliminated and supplanted by the new means of transportation. Likewise, there has been a radical change in the taste and choice of the traveling public. Changes that have taken place in the last year have been so radical that it is impossible to foretell when a condition of stabilization will take place. The new methods of transportation which have caught the public fancy and which tend to furnish a cheap method of transportation for the masses with the elimination of the carromata were not introduced by the existing operator but by new pioneers in the field who met with the opposition of the then existing taxicab operators. Appellee herein being among the first to experiment and her experiments showing that the transportation she desired to offer to the public met with a public demand, the commission did not err in granting her the certificate of public convenience. Appeal dismissed. Costs against appellants. So ordered. Street, Villa-Real, Abad Santos, and Imperial, JJ., concur.