MANILA, Philippines — The Supreme Court (SC) has ruled that power distributor Manila Electric Co. (Meralco) should issue a prior notice of at least 48 hours before cutting off a consumer’s electricity line.
The ruling comes off its denial of the petition filed by Meralco to review a previous court decision that the firm had violated Republic Act 7832, the Anti-electricity and Electric Transmission Lines/Materials Pilferage Act of 1994, when it disconnected its customer’s power line without prior notice back in 1999.
“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.
Prior notice must be given at least 48 hours before 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 high court ruled.
The ruling stemmed from a complaint for damages filed by Lucy Yu, who alleged that on Dec. 9, 1999, representatives of Meralco forcibly entered the premises of her family-owned New Supersonic Industrial Corp. in Valenzuela City and cut off their electric supply.
Based on records of the case, Meralco representatives issued a notice after the inspection and immediately disconnected the power line to the Yu family’s factory and residence.
Yu filed the complaint before the Valenzuela City Regional Trial Court Branch 172, which ruled in her favor.
Meralco elevated the case to the Court of Appeals (CA), which affirmed the local court’s decision with specific modifications in November 2020. Under the CA ruling, the award of temperate damages was reduced to P50,000; the award of moral damages, deleted for lack of basis and the award of exemplary damages, reduced to P100,000.
In its decision, the SC said Meralco is “presumed to be in bad faith” for failing to follow the due notice requirement under RA 7832 during the disconnection of Yu’s electric service, and ruled: “The Court ordered that the rest of the CA ruling stands.”
In a statement, Meralco spokesman Joe Zaldarriaga said the firm has not yet officially received a copy of the SC decision but it will “respect and abide” by it.
Meralco also gave assurance that a 48-hour notice before disconnecting any service is afforded to all of its customers as a company policy. — Richmond Mercurio