Text of the provision
Art. 1765. The Public Service Commission may, on its own motion or on petition of any interested party, after due hearing, cancel the certificate of public convenience granted to any common carrier that repeatedly fails to comply with his or its duty to observe extraordinary diligence as prescribed in this Section.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The regulator may, after hearing, cancel the certificate of public convenience of a carrier that repeatedly fails to observe extraordinary diligence.
The certificate of public convenience is the government authorization that allows a common carrier to operate in the first place, and this article makes clear that the authorization is not permanent or unconditional — it can be withdrawn if the carrier repeatedly fails to meet the extraordinary diligence standard the law demands of common carriers. Two safeguards temper that power: cancellation cannot happen without due hearing, giving the carrier a chance to answer the allegations, and the case can be initiated either by the regulator on its own motion or by any interested party who petitions for it, rather than being left solely to the regulator's discretion to notice a problem.
Questions about this provision
Related provisions
- Article 1764 — Damages and Death of a Passenger.
- Article 1767 — Contract of Partnership Defined.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.