Wednesday, February 22, 2012

Air Manila, Inc. vs. Balatbat (29 April 1971)

Facts: For certiorari is a Civil Aeronautics Board resolution (CAB Resolution No. 139(68)) that approved some of the seven flights in the proposed flight schedule of Philippine Air Lines known as Domestic Traffic Schedule 35 (DTS-35). The said flight schedule included renewal of flights previously approved and new flights/frequencies. New flights not granted temporary approval were resolved to be heard by a hearing examiner to ascertain economic justification. Petitioner Air Manila, Inc. alleged, inter alia, that its right to procedural due process was not given consideration by the Board. It claims that issuance of the subject resolution saturated AMI's routes and affected its schedule. 

Issue: Whether or not procedural due process was violated by CAB, therefore resulting in grave abuse of discretion 

Held: NO. Administrative due process includes: (1) right to notice; (2) reasonable opportunity to be heard; (3) an unbiased tribunal; and (4) a decision supported by substantial evidence. No evidence revealing violation any of the aforementioned procedure was shown. The hearing for flights in DTS-35 not previously approved commenced and resulted in the temporary approval three or four of the proposed flights. 

Of paramount consideration is public convenience and necessity. The Board exercised its power and approved the said flights in light of good service. 

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