Cogeo-Cubao vs. CA

G.R. No.
100727 March 18, 1992

COGEO-CUBAO OPERATORS AND DRIVERS
ASSOCIATION, petitioner,
vs.
THE COURT OF APPEALS, LUNGSOD SILANGAN
TRANSPORT SERVICES, CORP., INC., respondents.
MEDIALDEA, J.:
This is a petition for review on certiorari of the decision of
the Court of Appeals which affirmed with modification the
decision of the Regional Trial Court awarding damages in
favor of respondent Lungsod Silangan Transport Services
Corp., Inc. (Lungsod Corp. for brevity).
The antecedents facts of this case are as follows:
It appears that a certificate of public convenience to
operate a jeepney service was ordered to be issued in favor
of Lungsod Silangan to ply the Cogeo-Cubao route
sometime in 1983 on the justification that public necessity
and convenience will best be served, and in the absence of
existing authorized operators on the lined apply for . . . On
the other hand, defendant-Association was registered as a
non-stock, non-profit organization with the Securities and

Exchange Commission on October 30, 1985 . . . with the
main purpose of representing plaintiff-appellee for
whatever contract and/or agreement it will have regarding
the ownership of units, and the like, of the members of the
Association . . .
Perturbed by plaintiffs' Board Resolution No. 9 . . . adopting
a Bandera' System under which a member of the
cooperative is permitted to queue for passenger at the
disputed pathway in exchange for the ticket worth twenty
pesos, the proceeds of which shall be utilized for Christmas
programs of the drivers and other benefits, and on the
strength of defendants' registration as a collective body
with the Securities and Exchange Commission, defendantsappellants, led by Romeo Oliva decided to form a human
barricade on November 11, 1985 and assumed the
dispatching of passenger jeepneys . . . This development as
initiated by defendants-appellants gave rise to the suit for
damages.
Defendant-Association's Answer contained vehement
denials to the insinuation of take over and at the same time
raised as a defense the circumstance that the organization
was formed not to compete with plaintiff-cooperative. It,

however, admitted that it is not authorized to transport
passengers . . . (pp. 15-16, Rollo)
On July 31, 1989, the trial court rendered a decision in
favor of respondent Lungsod Corp., the dispositive portion
of which states:
WHEREFORE FROM THE FOREGOING CONSIDERATION, the
Court hereby renders judgment in favor of the plaintiff and
against the defendants as follows:
1. Ordering defendants to pay plaintiff the amount of
P50,000.00 as actual damages;
2. Ordering the defendants to pay the plaintiffs the amount
of P10,000.00 as attorney's fees.
SO ORDERED. (P. 39, Rollo)
Not satisfied with the decision, petitioner Association
appealed with the Court of Appeals. On May 27, 1991,
respondent appellate court rendered its decision affirming
the findings of the trial court except with regard to the
award of actual damages in the amount of P50,000.00 and
attorney's fees in the amount of P10,000.00. The Court of
Appeals however, awarded nominal damages to petitioner

in the amount of P10,000.00.
Hence, this petition was filed with the petitioner assigning
the following errors of the appellate court:
I. THE RESPONDENT COURT ERRED IN MERELY MODIFYING
THE JUDGMENT OF THE TRIAL COURT.
II. THE RESPONDENT COURT ERRED IN HOLDING THAT THE
PETITIONER USURPED THE PROPERTY RIGHT OF THE
PRIVATE RESPONDENT.
III. AND THE RESPONDENT COURT ERRED IN DENYING THE
MOTION FOR RECONSIDERATION.
Since the assigned errors are interrelated, this Court shall
discuss them jointly. The main issue raised by the petitioner
is whether or not the petitioner usurped the property right
of the respondent which shall entitle the latter to the
award of nominal damages.
Petitioner contends that the association was formed not to
complete with the respondent corporation in the latter's
operation as a common carrier; that the same was
organized for the common protection of drivers from
abusive traffic officers who extort money from them, and
for the elimination of the practice of respondent

corporation of requiring jeepney owners to execute deed
of sale in favor of the corporation to show that the latter is
the owner of the jeeps under its certificate of public
convenience. Petitioner also argues that in organizing the
association, the members thereof are merely exercising
their freedom or right to redress their grievances.
We find the petition devoid of merit.
Under the Public Service Law, a certificate of public
convenience is an authorization issued by the Public Service
Commission for the operation of public services for which
no franchise is required by law. In the instant case, a
certificate of public convenience was issued to respondent
corporation on January 24, 1983 to operate a public utility
jeepney service on the Cogeo-Cubao route. As found by the
trial court, the certificate was issued pursuant to a decision
passed by the Board of Transportation in BOT Case No. 82565.
A certification of public convenience is included in the term
"property" in the broad sense of the term. Under the Public
Service Law, a certificate of public convenience can be sold
by the holder thereof because it has considerable material

value and is considered as valuable asset (Raymundo v.
Luneta Motor Co., et al., 58 Phil. 889). Although there is no
doubt that it is private property, it is affected with a public
interest and must be submitted to the control of the
government for the common good (Pangasinan
Transportation Co. v. PSC, 70 Phil 221). Hence, insofar as
the interest of the State is involved, a certificate of public
convenience does not confer upon the holder any
proprietary right or interest or franchise in the route
covered thereby and in the public highways (Lugue v.
Villegas, L-22545, Nov . 28, 1969, 30 SCRA 409). However,
with respect to other persons and other public utilities, a
certificate of public convenience as property, which
represents the right and authority to operate its facilities
for public service, cannot be taken or interfered with
without due process of law. Appropriate actions may be
maintained in courts by the holder of the certificate against
those who have not been authorized to operate in
competition with the former and those who invade the
rights which the former has pursuant to the authority
granted by the Public Service Commission (A.L. Ammen

Transportation Co. v. Golingco. 43 Phil. 280).
In the case at bar, the trial court found that petitioner
association forcibly took over the operation of the jeepney
service in the Cogeo-Cubao route without any
authorization from the Public Service Commission and in
violation of the right of respondent corporation to operate
its services in the said route under its certificate of public
convenience. These were its findings which were affirmed
by the appellate court:
The Court from the testimony of plaintiff's witnesses as
well as the documentary evidences presented is convinced
that the actions taken by defendant herein though it admit
that it did not have the authority to transport passenger
did in fact assume the role as a common carrier engaged in
the transport of passengers within that span of ten days
beginning November 11, 1985 when it unilaterally took
upon itself the operation and dispatching of jeepneys at St.
Mary's St. The president of the defendant corporation.
Romeo Oliva himself in his testimony confirmed that there
was indeed a takeover of the operations at St. Mary's St. . .
. (p. 36, Rollo)
The findings of the trial court especially if affirmed by the

appellate court bear great weight and will not be disturbed
on appeal before this Court. Although there is no question
that petitioner can exercise their constitutional right to
redress their grievances with respondent Lungsod Corp.,
the manner by which this constitutional right is to be,
exercised should not undermine public peace and order nor
should it violate the legal rights of other persons. Article 21
of the Civil Code provides that any person who wilfully
causes loss or injury to another in a manner that is contrary
to morals, good customs or public policy shall compensate
the latter for the damage. The provision covers a situation
where a person has a legal right which was violated by
another in a manner contrary to morals, good customs or
public policy. It presupposes loss or injury, material or
otherwise, which one may suffer as a result of such
violation. It is clear from the facts of this case that
petitioner formed a barricade and forcibly took over the
motor units and personnel of the respondent corporation.
This paralyzed the usual activities and earnings of the latter
during the period of ten days and violated the right of
respondent Lungsod Corp. to conduct its operations thru its

authorized officers.
As to the propriety of damages in favor of respondent
Lungsod Corp., the respondent appellate court stated:
. . . it does not necessarily follow that plaintiff-appellee is
entitled to actual damages and attorney's fees. While there
may have been allegations from plaintiff-cooperative
showing that it did in fact suffer some form of injury . . . it is
legally unprecise to order the payment of P50,000.00 as
actual damages for lack of concrete proof therefor. There
is, however, no denying of the act of usurpation by
defendants-appellants which constituted an invasion of
plaintiffs'-appellees' property right. For this, nominal
damages in the amount of P10,000.00 may be granted.
(Article 2221, Civil Code). (p. 18,Rollo)
No compelling reason exists to justify the reversal of the
ruling of the respondent appellate court in the case at bar.
Article 2222 of the Civil Code states that the court may
award nominal damages in every obligation arising from
any source enumerated in Article 1157, or in every case
where any property right has been invaded. Considering
the circumstances of the case, the respondent corporation

is entitled to the award of nominal damages.
ACCORDINGLY, the petition is DENIED and the assailed
decision of the respondent appellate court dated May 27,
1991 is AFFIRMED.
SO ORDERED.
Narvasa, C.J., Cruz and Grio-Aquino, JJ., concur.
Bellosillo, J., took no part.

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G.R. No.

100727 March 18, 1992

non-stock, non-profit organization with the Securities and

was formed not to compete with plaintiff-cooperative. It,

Appeals however, awarded nominal damages to petitioner

for the elimination of the practice of respondent

by the holder thereof because it has considerable material

granted by the Public Service Commission (A.L. Ammen

The findings of the trial court especially if affirmed by the

respondent Lungsod Corp. to conduct its operations thru its

the circumstances of the case, the respondent corporation

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