Eliseo Silva v.

Belen Cabrera
Case No. 146
G.R. No. L-3629 (March 19, 1951)
FACTS:
Respondent filed an application with the Public Service Commission for a
certificate of public convenience, to be able to operate an ice plant in the City of
Lipa. Petitioner, owner of another ice plant already in the same area, opposed
Respondents application, claiming that public convenience did not need another
ice plant. Atty. Aspillera was delegated by the Commissioner to receive testimony
and conduct hearing of the contest; thereafter the Commission en banc rendered a
decision that Respondent was allowed to operate the ice plant. After which,
Petitioner claimed that under the law, no one except the Commissioner may hear
contested cases.
ISSUE:
W/N delegation to Atty. Aspillera to hear the case is lawful.
HELD:
No, the delegation is unlawful. Although Sec. 32 of Public Service Act allows
the Commission to delegate to any of their attorneys the right to receive evidence
or
take testimony, Sec. 3 of the same act provides that in (1) all contested cases and
(2)
cases involving fixing of rates, the reception of evidence may only be delegated to
one of the Commissioners.
Thus, though the law makes it inconvenient or cumbersome for the
Commission to handle contested cases, where the law is clear, the Commission nor
the Court may not disregard, circumvent, or interpret the law any other way. Plus,
you have to look at the entire Act, and not just specific provisions, in applying the
law.