Realtor wants case vs.VECO reinstated

CEBU, Philippines - A realtor whose supply of electricity has been disconnected because of alleged pilferage has asked the Regional Trial Court to reconsider the dismissal of his petition for injunction against the Visayan Electric Company.

Ken Salimbangon, nephew of fourth district Rep. Benhur Salimbangon, said the case falls under the jurisdiction of the court.

RTC Branch 12 Judge Estella Alma Singco earlier dismissed the petition for injunction with prayer for a temporary restraining order filed by Salimbangon against Veco on the ground of forum shopping.

Singco, in an order dated June 29, said that the Energy Regulatory Commission has acquired original jurisdiction over the case because Salimbangon filed a complaint in the commission.

“The question of propriety of disconnection of plaintiff’s electricity services by defendant hinges on the legality of the latter’s billing which is the subject matter of a pending case with ERC. Clearly, the ERC has original and exclusive jurisdiction under Rule 43(u) of the EPIRA,” Singco’s order reads.

But Salimbangon said he has already withdrawn his complaint before the ERC after his filing of a civil case in court. A copy of his letter to the ERC was attached to his motion for reconsideration.

VECO disconnected Salimbangon’s power supply on July 6, 2011 after it was discovered that he allegedly used an electric meter rotating in reverse.

VECO claimed that Salimbangon has pilfered a total of 8,331 kilowatt hours since November 2009 up to July 2011. He was assessed to have an outstanding financial obligation to the utility amounting to P86,869.55 including the 25-percent surcharge and inspection cost.

Salimbangon denied having pilfered electricity from VECO. — (FREEMAN)