Metro Manila (CNN Philippines, June 30) — The Supreme Court has denied the petition of power distributor Manila Electric Company (Meralco) to review a previous court decision which said the firm violated the law when it cut off a consumer’s electricity supply without prior notice two decades ago.
In a statement on Friday, the court said the company violated the Republic Act (RA) 7832 or the \”Anti-electricity and Electric Transmission Lines/Materials Pilferage Act of 1994.\”
\”In denying Meralco’s petition for review on certiorari, the Court ruled that before Meralco can disconnect the electric service of a consumer on grounds cited under Section 4(a) of RA 7832, there must be prior written notice to the consumer to disconnect,\” the SC said.
\”The Court emphasized that the said prior written notice must be given at least 48 hours prior to the disconnection, pursuant to due process requirements,\” it added. \”Thus, the act of Meralco in cutting off the respondent’s electricity on the same day the disconnection notice was given to the consumer was violative of due process requirements.\”
The ruling stems from a complaint for damages filed by Lucy Lu, who alleged that on Dec. 9, 1999, Meralco representatives forcibly entered the premises of her family-owned New Supersonic Industrial Corp. in Valenzuela City.
The representatives issued a notice of disconnection after the inspection and immediately enforced it, cutting off the electricity supply of the company’s factory and Yu’s residence.
She filed the complaint before the Regional Trial Court Branch 172 in Valenzuela City, which favored her. Meralco then elevated the case to the Court of Appeals (CA) which affirmed the ruling with modification on Nov. 26, 2020.
\”The Court further held that Meralco is presumed to be in bad faith for its failure to follow the due notice requirement under RA 7832 during the disconnection of the Yu’s electric service,\” the high court said.
\”Hence, it denied Meralco’s petition for review on certiorari, and affirmed the decision dated November 26, 2020 of the CA in CA-G.R. CV No. 111808, as follows: the award of temperate damages is reduced to ₱50,000; the award of moral damages is deleted for lack of basis; and the award of exemplary damages is reduced to ₱100,000. The Court ordered that the rest of the CA ruling stands,\” it added.
