Case Digest: Meralco vs. Marco Textiles, 374 SCRA 69, G.R. No. 126243

 

Meralco vs. Marco Textiles, 374 SCRA 69, G.R. No. 126243, January 18, 2002

Subject: Transportation Law

FACTS

Pursuant to the contract between MERALCO and MACRO, petitioner installed at respondent’s premises metering devices and necessary appurtenances thereto to record the latter’s electric energy consumption. The metering devices were duly identified by their meter and serial numbers: DB 351-86-02-315 and DB 351-85-04-362 while the installation of electric service was under billing account No. 9400-1822-19. Prior to installation, the BOE pre-tested, pre-calibrated and sealed the metering devices. Upon their installation at respondent’s premises, the devices were properly sealed and ascertained to be in perfect operating condition.

When respondent’s weaving department was gutted by fire on February 27, 1982, it caused a slump in the business resulting in irregular electric reading. It started operations in 1983 but was confined to dyeing textiles. Private respondent’s electric consumption varied, 30,000 to 66,000 kilowatt-hours (kwh) in 1984, 9,000 to 33,000 kwh in 1985 and 9,000 to 12,000 kwh in 1986.

MERALCO made several inspections. Each inspection resulted in a different billing.

The inspection report revealed that the meter tampering was committed once again. The meter seals were missing, and the polarity and non-polarity jaw of upper & lower elements were forcibly opened and hence, the meter disc stopped for all tests with loads on.

 MACRO filed with the Regional Trial Court a complaint for injunction with an application for a restraining order against MERALCO to restrain MERALCO from cutting MACRO’S electric service and to compel MERALCO to explain its billing.

The RTC issued a temporary restraining order enjoining the parties to maintain the status quo. After trial RTC rendered decision in favor of MACRO ordering MERALCO to restrain from disconnecting the power installation of MACRO, likewise, the Court of Appeals affirmed the RTC decision.

ISSUE

Whether or not MACRO tampered with the electric consumption meters.

RULING

No, MACRO did not tamper with the electric consumption meter

Under the law, the private electric utility or rural electric cooperative have the right and authority to disconnect the electric service after serving notice or warning to that effect without the need of a court or administrative order if someone caught in flagrante delicto doing of any acts tampers, jumpers or other devices whereby water, electricity or piped gas is stolen

In this case, Macro did not commit tampering act, as MACRO religiously paid its Monthly billing. Here, MERALCO committed wrongful and injurious invasion of MACRO''s rights by insinuating tampering of meters and demanding bills which are arbitrary, unjust, baseless and unexplained. "MERALCO should bear the loss. Public service companies which do not exercise prudence in the discharge of their duties shall be made to bear the consequences of such oversight.