Limjoco v Intestate of Fragante

45 OG No. 9 P. 397 | April 27, 1948

J. Hilado

Fact:

Pedro Fragante applied for a certificate of public convenience to operate an Ice Plant in San
Juan, Rizal. However, Pedro passed away while the application for the certificate is still pending. The
Public Service Commission approved of the certification and the operation of the Ice Plant and
authorizing Intestate Estate Special or Judicial Administrator to maintain and operate said Plant.

Petitioner Limjoco filed for a cause of action contending the PSC’s application approval of the
Certificate of Public Convenience is in violation of the law pertaining that conditions have changed prior
to the death of Estate Owner Pedro Fragante.

Issue:

Did the Public Service Commission erred in the approval of the Certificate of Public
Convenience?

Held:

No, as the court establishes that said Intestate Estate is an artificial person recognized by the
law in order to have a capacity of having rights and duties therefore admissible to obtain obligations and
privileges such as a Certificate of Public Convenience.

Wherefore, decision is affirmed with no cost.