SC says Meralco has
to pay Syquias P400T

THE Court of Appeals has affirmed its order for Manila Electric Co. to pay over P400,000 in damages to the heirs of the late Ambassador Enrique Syquia after the power utilities firm disconnected electric service in the Syquia household allegedly because the family was using an "electric jumper."

The CA’s Special Former 15th Division denied Meralco’s motion for reconsideration of the appellate court’s Nov. 27, 2008 decision granting the petition of Syquia’s wife, Leticia, to collect damages amounting to P417,000.

The CA said Meralco failed to raise new issues that would warrant the reversal of its decision and its arguments were mere repetitions of the grounds previously raised.

Meralco filed its motion for reconsideration on Dec. 16, 2008 alleging that the CA erred in its finding that the company did not observe the requirements under RA 7832 (anti-pilferage of electricity law) on the requirement of prior notice and presence of lawmen or Energy Regulatory Board representatives during the discovery of the illegal electrical connection and its disconnection.

In the November 2008 decision, the CA affirmed with modification the ruling of the Makati regional trial court that Meralco cannot at will disconnect the electric service of its errant customers without prior notice. It said failure to give prior notice amounts to a tort.

Citing Section 97 of the Revised Order no. 1 of the Public Service Commission, the CA said that the State is justified in the exercise of its regulatory power over a public utility such as Meralco, which has a monopoly of the supply of electrical power in Metro Manila and some nearby municipalities.

It pointed out that even if there was prima facie evidence of the Syquias’ illegal use of electricity and immediate disconnection was warranted under the circumstances, prior notice was still required under RA 7832.

"We cannot allow Meralco to act virtually as prosecutor and judge in imposing the penalty of disconnection due to alleged meter tampering. That would not sit well in a democratic country. After all, Meralco is a monopoly that derives is power from the government. Clothing it with unilateral authority to disconnect would be equivalent to giving it a license to tyrannize its hapless customers," the CA said.

Based on records, a Meralco inspection team discovered, and severed, the illegal connection while digging a hole at the concrete perimeter wall of the Syquia home on Jan. 21, 1999. The Syquias were only told of the jumper when they paid P119,000 after Meralco’s legal department demanded P867,294 in differential billing due to the jumper.