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Veneracion vs. Congson Ice Plant & Cold Storage, et al.

GERONIMO C. VENERACION, petitioner, vs. CONGSON ICE PLANT & COLD STORAGE, INC. and PUBLIC SERVICE COMMISSION, respondents.

G.R. Nos. L-31213-14 | 1973-07-23

D E C I S I O N

TEEHANKEE, J:

In this appeal by certiorari, the Court sets aside the provisional permit granted ex-parte by respondent Public Service Commission on the ground that the commission in so allowing respondent to install and operate competing ice and cold storage plants deprived petitioner of his right to due process and exceeded its authority in so acting without a clear showing of an urgent public need that had to be met without notice and in disregard of petitioner's right to be heard in opposition as an old operator, willing and able to adequately serve the public need.

The intervening legislative franchise granted to...