Late RP ambassador wins case vs Meralco

MANILA, Philippines - The Court of Appeals has ordered the Manila Electric Company (Meralco) to pay over P400,000 in damages to the heirs of late Ambassador Enrique Syquia for disconnecting the electric service in the Syquia household without prior notice in 1999. Meralco cut off the electricity in the Syquia household on allegations that they were using an “electric jumper.” In a 17-page decision, the CA’s 15th Division affirmed with modification the ruling of the Makati regional trial court that Meralco can not at will disconnect the electric service of its errant customers without prior notice. The CA decision was penned by Associate Justice Monina Arevalo-Zenarosa and was concurred by Associate Justices Regalado Maambong, chairman of the division, and Ramon Garcia. Syquia, who died in 2005, was an international law expert and used to be the Philippine Ambassador to Malta. He founded the Syquia and Syquia law offices while the case is still pending in the Makati RTC. In its decision, the appellate court pointed out that even if there is prima facie evidence of illegal use of electricity and immediate disconnection is warranted under the circumstances, prior notice is still required under Republic Act 7832, or the Anti-Pilferage of Electricity Law. The law further states that before immediate disconnection may be allowed, the discovery of the illegal use of electricity must have been personally witnessed and attested to by an officer of the law or by an authorized Energy Regulatory Board representative. The CA noted that only Meralco personnel were present during the inspection of the alleged jumper outside the Syquia residence. “This clearly shows that at the time the alleged meter tampering was discovered only the Meralco inspection team was present. Plainly, there was no officer of the law or ERB representative at that time. Because the absence of government representatives, the prima facie authority to disconnect, granted to Meralco by RA 7832, cannot apply,” the CA said. On top of the P357,000 actual damages, the CA directed Meralco to pay P30,000 in moral damages, P10,000 as exemplary and corrective damages, P20,000 as attorney’s fees and litigation expenses, plus 12-percent legal interest per annum starting on November 6, 2001, the date the complaint against Meralco was filed. - GMANews.TV