Little reflection is necessary to show that the certificate of public convenience is granted

with so many strings attached. New and additional burdens, alteration of the certificate, and
even revocation or annulment thereof is reserved to the State.1

Executive Order No. 202 promulgated on June 19, 1987 creating the Land Transportation
Franchising and Regulatory Board empowers the Board “to issue, amend, revise, suspend or
cancel Certificates of Public Convenience or permits authorizing the operation of public land
transportation services provided by motorized vehicles, and to prescribe the appropriate terms
and conditions therefor.

Respondent's certificate of public convenience, like all other similar certificates, was
issued subject to the condition that operators, being common carriers, shall observe and comply
with all the rules and regulations of the Board.

Common carriers exercise a sort of public office, and have duties to perform in which the
public is interested. Their business is, therefore, affected with a public interest, and is subject of
public regulation.2

The right to enter the public employment as a common carrier and to offer one's services
to the public for hire does not carry with it the right to conduct that business as one pleases,
without regard to the interests of the public and free from such reasonable and just regulations
as may be prescribed for the protection of the public from the reckless or careless indifference
of the carrier as to the public welfare and for the prevention of unjust and unreasonable
discrimination of any kind whatsoever in the performance of the carrier's duties as a servant of
the public.3

Business of certain kinds, including the business of a common carrier, holds such a
peculiar relation to the public interest that there is superinduced upon it the right of public
regulation.4

Respondent, being a common carrier, was remiss in its duties as an operator of a public
utility vehicle.

WHEREFORE, premises considered, this Office finds respondent operator to have violated
the terms and conditions of its Certificate of Public Convenience (CPC) and is hereby ordered to
pay FIVE THOUSAND PESOS (Php5,000.00) for Employing Reckless Driver in relation to Joint
Administrative Order No. 2014-01.

Furthermore, the operation of the vehicle with Plate No. LXA 704 is hereby SUSPENDED for
thirty (30) days. However, considering that respondent’s unit was already preventively
suspended for 30 days, the same maybe credited to the period of suspension herein imposed.

The Respondent is STERNLY WARNED that any similar acts in the future shall be dealt with
accordingly. The Records Section of this RFRO is hereby directed NOT TO CONFIRM ANY AND ALL
THE UNITS under Respondent’s name, unless Respondent-Operator presents the original copy of
the Official Receipt of payment issued by this Board pertinent to the violation/s committed and

1
Supra, Note 1.
2
Fisher vs. Yangco Steamship Company, 31 Phil. 1, 18-19
3
Id.
4
Id.
to make the proper recording of this Resolution for future reference against subject vehicle and
operator.

SO ORDERED.

Davao City, Philippines.______________

ATTY. CATTLEYA B. ACAYLAR

OIC