Facts:
1. Both petitioner and private respondent Sultan Rent-a-Car are domestic corporations. Arrow has in his favor a certificate of public convenience (CPN) to operate a public utility bus air-conditioned-auto-truck service from Cebu City to Mactan International Airport and vice-versa with the use of twenty (20) units.
2. Sultan filed a petition with the respondent Board for the issuance of a CPN to operate a similar service on the same line. Eight days later, without the required publication, the Board issued an Order granting it provisional permit to operate.
3. After filing an MR and for the cancellation of such provisional permit filed but without awaiting final action thereon, Arrow filed the present petition for certiorari with preliminary injunction, alleging that the question involved herein is purely legal and that the issuance of the Order without the Board having acquired jurisdiction of the case yet, is patently illegal or was performed without jurisdiction.
4. In their answer, the respondents denied the need for publication before a provisional permit can be issued, in light of Presidential Decree No. 101, which authorized respondent Board to grant provisional permits when warranted by compelling circumstances and to proceed promptly along the method of legislative inquiry. Issue: W/N publication is necessary before provisional permits can be granted
Held:
No. It is the well-settled doctrine that for a provisional permit, an ex parte hearing suffices. The decisive consideration is the existence of the public need, as shown in this case by the respondent Board. Petition for certiorari dismissed.
