vi.
Disconnection of Service
G.R. No. 142943 April 3, 2002
Spouses ANTONIO and LORNA QUISUMBING, petitioners,
vs.
MANILA ELECTRIC COMPANY (MERALCO), respondent.
FACTS:
MERALCO inspectors were assigned to conduct a routine-on-the-spot inspection of all single phase meters at
Greenmeadows Avenue. House of Quisumbing one of those which were inspected, after asking permission to
inspect and such permission was granted by Quisumbing’s Secretary. Secretary witnessed the inspection
Inspectors discovered that the terminal seal of the meter was missing; the meter cover seal was deformed; the
meter dials of the meter was mis-aligned and there were scratches on the meter base plate. They relayed the
matter to secretary, who in turn relayed the same to Quisumbing, who was outraged of the result of the
inspection and denied liability as to the tampering of the meter.
Meter was detached for laboratory verification. FINDINGS: TAMPERED NGA. Informed that unless they pay the
differential bill of ₱178,875.01, their electric supply will be disconnected.
However, on the same day, thru walkie talkie, inspectors were advised to reconnect the electric supply.
Inspectors duly complied with the instruction.
Quisumbing filed complaint for damages alleging that MERALCO acted with wanton, capricious, malicious and
malevolent manner in disconnecting their power supply which was done without due process, and without due
regard for their rights, feelings, peace of mind, social and business reputation.
ISSUES:
(1) whether MERALCO observed the requisites of law when it disconnected the electrical supply
(2) whether such disconnection entitled Quisumbing to damages
RULING:
1. NO. Can only immediately disconnect electricity supply when with PRIMA FACIE EVIDENCE OF ILLEGAL USE of
electricity. RA 7832 (Anti Electricity Pilferage) requires “in order to constitute prima facie evidence, must be
personally witnessed and attested to by an officer of the law or a duly authorized representative of the Energy
Regulatory Board (ERB)”. In this case, NOT PERSONALLY WITNESSED BY ERB REPRESENTATIVE
- NOTE: even if you base it on MERALCO’s contractual right to disconnect "in case of or to prevent fraud
upon the Company", di parin pasok since this too has requisites before a disconnection may be made.
An adjusted bill shall be prepared, and only upon failure to pay it may the company discontinue service,
and 48-hour written notice is needed.
2. YES. Article 2219 lists the instances when moral damages may be recovered and one such case is when the
rights of individuals, including the right against deprivation of property without due process of law, are violated.
MERALCO had no legal right to immediately disconnect electrical supply without observing the requisites of law
which, in turn, are akin to due process. Petitioners could have been given the opportunity to controvert the
initial finding of alleged meter tampering.
Court cited Meralco v. CA
“One cannot deny the vital role which a public utility such as MERALCO, having a monopoly of the supply of
electrical power in Metro Manila and some nearby municipalities, plays in the life of people living in such
areas. Electricity has become a necessity to most people in these areas, justifying the exercise by the State of
its regulatory power over the business of supplying electrical service to the public, in which petitioner
MERALCO is engaged. Thus, the state may regulate, as it has done through Section 97 of the Revised Order No.
1 of the Public Service Commission, the conditions under which and the manner by which a public utility such
as MERALCO may effect a disconnection of service to a delinquent customer. Among others, a prior written
notice to the customer is required before disconnection of the service. Failure to give such prior notice
amounts to a tort.”
Observance of the rights of our people is sacred in our society. We cannot allow such rights to be trifled with or
trivialized. Although the Court sympathizes with respondent's efforts to stamp out the illegal use of electricity,
such action must be done only with strict observance of the rights of our people. As has been we succinctly said:
"there is a right way to do the right thing at the right time for the right reason.
