Power theft raps versus Waterfront Hotel dismissed

CEBU, Philippines - Finding no sufficient ground to alter an earlier resolution, the Cebu City Prosecutor’s Office stood firm on its ruling to dismiss the criminal complaint filed by the Visayan Electric Company against Waterfront Cebu City Hotel and Casino for alleged electric pilferage. 

Assistant city prosecutor Dixon Fuentes denied for lack of merit the motion for reconsideration filed by VECO. Fuentes upheld the resolution made by prosecutor Rogelio del Prado dismissing the case.

 “There being no cogent reason to modify the Resolution dated February 13, 2012, it is hereby recommended that the same be affirmed,” Fuentes’ resolution reads.

According to Fuentes, the complainant failed to establish the “fact of knowledge” of the respondent hotel.

Knowledge is among the “three modes of culpability” for violation of anti-electricity and electric transmission lines and materials pilferage, Fuentes explained.

“In fact what is readily apparent is the lack of knowledge on their part as to the existence of the cut wires when they insisted on at least two communications sent by them to VECO that the substation be inspected to determine the cause of upsurge in electric consumption,” the resolution states.

Del Prado earlier recommended for the dismissal of the complaint for lack of probable cause. The investigating prosecutor found no basis on the allegations that the hotel was involved in electric pilferage.

 “There must be a clear and convincing evidence of an overt act constitutive of intent to perpetuate and orchestrate the act complained of,” he added.

VECO alleged that the hotel cut the wires resulting in the inaccurate reading of their electric meter. The alleged fraudulent act resulted in the complainant’s loss of P168,699,560.86 from August 2007 until February 2011.

Waterfront Hotel denied the accusation saying it was the personnel of VECO who installed the substation accessories from the current transformers and potential transformer to the electric meter that measures the hotel’s electric consumption.

The substation became operational sometime in July 2007 but was damaged by fire on March 29, 2010.

According to the hotel, they have asked VECO to repair it but since then their power consumption has gone up by 20-percent.

The hotel said they have asked VECO again to replace the transformers and the electric meter. The hotel management said that they were surprised when two months after the power utility firm demanded from them P168,699,560.86 payment otherwise they will file a case against them for alleged pilferage. The hotel management refused to give in to the demand, thus, a case was filed before the prosecutor’s office.

The Waterfront Hotel represented by area general manager for Visayas and Mindanao Marco Protacio, President Kenneth Gatchalian, resident manager Carlo Marcelo Sainz, group chief engineer Ferdinand Vincent Lazaro, chief engineer Loulainetto Lauron and assistant engineer Jose Francis Cañizares were named respondents in the complaint. — (FREEMAN)