Y Transit Co., Inc. vs.

NLRC | Romero (1994)

FACTS
1. On 24 October 1978, Yujuico Transit Co., Inc. (Yujuico) transferred ownership of ten buses to
Jesus Yujuico (Jesus) as a consequence of the latters transfer of property to DBP to satisfy the formers
obligations.
2. Sometime in June and July 1979, respondent Yujuico Transit Employees Union (Union) filed two
consolidated complaints against Yujuico for unfair labor practice and for non-payment of living
allowances.
3. Meanwhile, on 21 May 1980, Jesus sold the buses to petitioner Y Transit Co., Inc. .
4. On 21 July 1981, the LA dismissed the complaint for unfair labor practice but held Yujuico liable
for non-payment of living allowances and the buses were levied upon to satisfy the writ of execution.
5. Y filed Affidavits of Third Party Claim, which Union opposed on the grounds that: (1) the
transactions leading to the transfer of the buses to Y were void because they lacked the approval of the
BOT as required by the Public Service Act; and (2) the buses were still registered in the name of Yujuico
which means it is still the lawful owner.
6. The LA found that Y had valid title to the buses and that the BOT, by its subsequent acts, had
approved the transfer; he further ruled that registration is not the operative act that transfers
ownership and that, in addition, Y had already constructively registered the vehicles.
7. On appeal the NLRC reversed the decision on the ground that the transfer of the buses lacked
the BOT approval.



ISSUES/HELD
Were the transfer of the buses, without BOT approval, valid insofar as the respondents are concerned?
NO.

RATIONALE
The law really requires the approval of the Public Service Commission in order that a franchise,
or any privilege pertaining thereto, may be sold or leased without infringing the certificate issued to the
grantee.
o Since a franchise is personal in nature, any transfer or lease thereof should be notified to the
PSC so that the latter may take proper safeguards to protect the interest of the public.
o In fact, the law requires that, before the approval is granted, there should be a public hearing
with notice to all interested parties in order that the commission may determine if there are good and
reasonable ground justifying the transfer or lease of the property covered by the franchise, or is the sale
or lease is detrimental to public interest.
If the property covered by the franchise is transferred, or leased to another without obtaining
the requisite approval, the transfer is not binding against the PSC and, in contemplation of law, the
grantee continues to be responsible under the franchise.
The last part of Section 16 (h) (which states that nothing herein contained shall be construed to
prevent the sale, alienation, or lease by any public utility of any of its property in the ordinary course of
business) does not mean that the approval of the PSC is a mere formality and that the transfer or lease
is still binding; said provision only means that, even if the approval has not been obtained, the transfer
or lease is valid and binding between the parties although not effective against the public and the PSC as
the approval is only necessary to protect public interest.
There being no prior BOT approval in the transfer of the property from Yujuico to Jesus, it only
follows that, as far as the BOT and third parties are concerned, Yujuico still owned the properties and
Jesus, and later Y, only held the same as agents of the former.
Conversely, where the registered owner is liable for obligations to third parties and vehicles
registered under his name are levied upon to satisfy his obligations, the transferee of such vehicles
cannot prevent the levy by asserting his ownership because, as far as the law is concerned, the one in
whose name the vehicle is registered remains to be the owner and the transferee merely holds the
vehicles for the registered owner.
o However, this does not deprive the transferee of the right to recover from the registered owner
any damages which may have been incurred by the former since the transfer or lease is valid and
binding between the parties.