Court told: Junk Salimbangon case

CEBU, Philippines - Citing lack of merit, the Visayan Electric Company (VECO) is asking for the dismissal of the civil case filed by the nephew of Representative Benhur Salimbangon of Cebu’s 4th district.

Through lawyer Bernard Inocentes Garcia, VECO filed their answer last Monday before Judge Estela Alma Singco against the case filed by Ken Salimbangon who earlier filed a civil case for injunction and asked the court to issue a temporary restraining order after the alleged illegal disconnection of electrical service.

In denying Salimbangon’s allegations, VECO cited legal basis in the disconnection and their refusal to connect the electrical service in the subdivision owned by the plaintiff.

“VECO had the legal right to immediately disconnect the plaintiff’s electrical connection upon its discovery of prima facie evidence of illegal use of electricity by the plaintiff such as, in the case at bar, the presence of a current reversing transformer in the premises which is subject to the control of the plaintiff,” VECO’s answer reads.

During a random inspection in the subdivision of the plaintiff at 1530 East Capitol Hills corner Acacia St., Cebu City on July 6, 2011, VECO allegedly discovered that the meter used was rotating in reverse or a clockwise motion.

“All meters installed by defendant VECO for its customers rotate in a counter-clockwise manner to measure electric consumption,” they said.

VECO pointed out that installing the reversing transformer had caused them damage and resulted in the erroneous measurement of the plaintiff’s electric consumption.

Upon discovery, VECO through its Revenue Protection Department immediately verified the Field Inspection Report and computed the electricity differential billing.

They then discovered that from November 2009 to July 2011, Salimbangon has been pilfering a total of 8,331 kilowatt-hours of electricity tantamount to P86,869.55 including a 25 percent surcharge and inspection cost.

Salimbangon, marketing director of CKL Real Estate Corp. who owns and operates the subdivision, said the differential billings as well as the “unnaproved” inspection cost amounting to P86, 869.55 are clearly illegal and invalid.

Salimbangon claimed he had no participation in the installation of the electric meter, as it was the VECO’s responsibility.

“Neither did the plaintiff tamper the said meter in a manner that would pilfer the use of electricity such that it would prevent the defendant company from registering and billing the actual usage of electricity,” Salimbangon said.

Salimbangon claimed he even filed a complaint before the Energy Regulatory Commission (ERC) for the illegal disconnection.

VECO also sought for the dismissal of the complaint saying it falls under forum-shopping and cited jurisprudence under Rule 16, Section 1 (e) of the Rules of Court stating that a civil case must be dismissed on the ground of a pending case with same parties for the same cause.  (FREEMAN)