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Everett Steamship Corporation Vs. Federico M. Chuahiong, Et Al. 090 Phil 64

EVERETT STEAMSHIP CORPORATION, petitioner, vs. FEDERICO M. CHUAHIONG and THE PUBLIC SERVICE COMMISSION, respondents.

G.R. No. L-2933 | 1951-09-26

D E C I S I O N


BENGZON, J.:

This alternative petition either for review of an order of the Public Service Commission or for certiorari to annul the same poses the question of first impression whether or not said Government institution may validly require a common carrier to refund transportation charges collected by it in excess of the rates previously fixed by the Commission.

The controversy arose upon a complaint submitted by Federico M. Chua Hiong of Manila against the Everett Steamship Corporation, operating a number of vessels in the inter-island trade. Complainant alleged that for certain shipments of logs, the steamship...