Professional Documents
Culture Documents
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G.R. No. 119528. March 26, 1997.
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* SECOND DIVISION.
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(c) The Board shall have the following specific powers and duties:
(1) In accordance with the provision of Chapter IV of this Act, to issue,
deny, amend, revise, alter, modify, cancel, suspend or revoke, in whole or
in part, upon petitioner-complaint, or upon its own initiative, any
temporary operating permit or Certificate of Public Convenience and
Necessity: Provided, however, that in the case of foreign air carriers, the
permit shall be issued with the approval of the President of the Republic
of the Philippines.”
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Inc. vs.
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Civil Aeronautics Board, promulgated on June 13,
1968. The Board is expressly authorized by Republic Act
No. 776 to issue a temporary operating permit or
Certificate of Public Convenience and Necessity, and
nothing contained in the said law negates the power to
issue said permit before the completion of the applicant’s
evidence and that of the oppositor thereto on the main
petition. Indeed, the CAB’s authority to grant a temporary
permit “upon its own initiative” strongly suggests the
power to exercise said authority, even before the
presentation of said evidence has begun. Assuming
arguendo that a legislative franchise is prerequisite to the
issuance of a permit, the absence of the same does not
affect the jurisdiction of the Board to hear the application,
but tolls only upon the ultimate issuance of the requested
permit.
The power to authorize and control the operation of a
public utility is admittedly a prerogative of the legislature,
since Congress is that branch of government vested with
plenary powers of legislation.
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(c) The Board shall have the following specific powers and duties:
(1) In accordance with the provisions of Chapter IV of this Act,
to issue, deny, amend, revise, alter, modify, cancel, suspend or
revoke in whole or in part upon petition or complaint or upon its
own initiative any Temporary Operating Permit or Certificate of
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