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Rural Transit
Facts:
Red Line opposed said application, arguing that they already hold a
certificate of public convenience for Tuguegarao and Ilagan, and is rendering
adequate service. They also argued that granting Rural Transits application
would constitute a ruinous competition over said route
A motion for rehearing and reconsideration was filed by Red Line since
Rural Transit has a pending application before the Court of First Instance for
voluntary dissolution of the corporation
During the hearing before the Public Service Commission, the petition
for dissolution and the CFIs decision decreeing the dissolution of Rural Transit
were admitted without objection
At the trial of this case before the Public Service Commission an issue
was raised as to who was the real party in interest making the application,
whether the Rural Transit Company, Ltd., as appeared on the face of the
application, or the Bachrach Motor Company, Inc., using name of the Rural
Transit Company, Ltd., as a trade name
Ruling: NO
The Rural Transit Company, Ltd., and the Bachrach Motor Co., Inc., are
Philippine corporations and the very law of their creation and continued
existence requires each to adopt and certify a distinctive name
applicant Rural Transit Co., Ltd., the said order last mentioned is set aside and
vacated on the ground that the Rural Transit Company, Ltd., is not the real
party in interest and its application was fictitious