Silva vs. Cabrera, 88 Phil. 381, No. L-3629 March 19, 1951
Doctrine:
STATUTORY CONSTRUCTION; WHERE PROVISION OF LAW is CLEAR COMPLIANCE THEREWITH is ESSENTIAL.—Where the law is clear, neither this court nor the commission may on grounds of convenience, expediency or prompt dispatch of cases, disregard the law or circumvent the same. The remedy lies with the legislature if it could be convinced of the necessity of amending the law. Silva vs. Cabrera, 88 Phil. 381, No. L-3629 March 19, 1951.
Facts:
Respondent Belen Cabrera filed an application to the Public Service Commission to have a certificate of public convenience for the installation and operation of an ice plant. This ice plant aims to produce 15-tons of ice daily which will be sold for the people of several municipalities in the province of Batangas as well as in the Lipa City where the alleged plant will be installed. However, two holders of certificate of public convenience named Eliseo Silva and Opulencia and Lat opposed the alleged application and operation on the ground of the said ice plant with the 15-ton capacity of daily productivity. With this, On July 14, 1949, Commissioner Feliciano Ocampo commissioned Atty. Antonio H. Aspillera to take the testimonies of the witnesses. However, the respondent contested that commissioning Atty. Aspillera is illegal.
Issues:
Whether or not the delegation made by the Commission to Attorney Aspillera is illegal and contrary to law.
Ruling:
Yes. The delegation made by the commission to Attorney Aspillera is illegal. The law states that “the Commission may delegate the reception of the evidence to one of the Commissioners, who shall report to the Commission en banc, the evidence so received by him to enable it to render its decision.” Thus, it is only the Commission in banc is the only authorized to conduct the hearing, gather evidence therefore it is illegal to delegate Attorney Aspillera. Under the provisions of section 3 of the Public Service Act as amended by the Republic Act 178, “the reception of evidence in a contested case may be delegated only to one of the commissioners and to no one else.”
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G.R. No. L-12446 – ELISEO SILVA vs. BELEN CABRERA (chanrobles.com)