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MANILA – Public utilities must strictly comply with legal requirements before disconnecting the power supply due to alleged tampering with the measuring devices.
In a 22-page decision on the Manila Electric Company (Meralco) Philippines case dated June 28, the third division of the Supreme Court said the distribution services can no longer recover the quantities of electricity allegedly used but not loaded if it was proved that they did not meet the standard of care due to their negligence
"It is well established that electricity distribution services, which depend on mechanical devices and equipment for the orderly operation of their activities, are required to carry out reasonable and appropriate periodic inspections of their equipment.So they fail to duty due to their own negligence, they risk losing the sums owed by the affected customers, "reads the Court's decision, written by Associate Judge Marvic Leonen
a fundamental production and distribution are in the public interest, and its supplier is subject to strict regulation by the state in the exercise of its police power. "
" Serious consequences for a consumer whose power supply has been cut off This is all the more true given Meralco's dominant position in the market compared to Meralco's weak bargaining position. its customers, "he adds.
that the distribution undertakings must discover the weathered and defective meters during the prescribed inspections within four months, give 48 hours notice before connection; and an explanation on the basis of its billing of the supposedly unrecorded consumption.
In this case, the Court held that Meralco had not complied with these legal requirements.
Thus, it confirmed with modifications the decision of the Court of Appeals (CA) issued on January 21, 2011 ordering Meralco to pay to Nordec the amounts of PHP5,625, representing an overbilling for November 23, 1987 and PHP300.000 as exemplary damages and attorney fees.
ordered Meralco to pay PHP 5,625 for Nordec, representing overcharging for No. 23, 1987; PHP30,000 in nominal damages;
The SC noted that Meralco itself asserted that the electricity consumption irregularities recorded in the Nordec meters began on January 18, 1985, on January 18, 1985. Damage charges and interests. as evidenced by their letter of application of 7 August 1985, covering the period from 18 January 1985 to 29 May 1985.
However, the SC stated that the alleged alteration was only discovered during Inspection of May 29, 1985.
In the Nordec case, the Court stated that the "Power Field Orders" given to the company as a result of the inspections did not mention the alleged defects discovered.
The SC also noted that Meralco had not complied with the 48-hour disconnection notice.
She did not give weight to Meralco's claim that the statements contained in her application letters, namely that the failure to pay would result in a disconnection, constituted sufficient notice
"However, in accordance with Article 97 of the Revised General Ordinance. 1, the gove In case of disconnection, the disconnection due to the non-payment of the invoices requires that a written notice of 48 hours be given to the customer ", explained the Court. (PNA)
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