Case Digest (G.R. No. 140733)
Facts:
In 1987, the National Power Corporation (NPC) filed an ejectment suit before the Municipal Trial Court (MTC) of Quezon City against several occupants of its right‐of‐way in Baesa, including Leoncio Ramoy. On April 28, 1989, the MTC rendered judgment ordering the demolition of structures and vacation of the premises. A copy of this Decision was served on Ramoy. On June 20, 1990, NPC requested Manila Electric Company (MERALCO) to disconnect electric service to all establishments within the NPC right‐of‐way, including the residences and apartments of Leoncio and Matilde Macabagdal Ramoy and tenants Rosemarie Ramoy, Ofelia Durian, Jose Valiza and Cyrene Panado. MERALCO issued disconnection notices, later conducting a joint survey with NPC personnel and cutting off power. Leoncio Ramoy protested, pointing to boundary monuments proving his property lay outside NPC’s right‐of‐way, but his objections were ignored. Subsequent ocular inspection confirmed Ramoy’s premises were not coveredCase Digest (G.R. No. 140733)
Facts:
- Ejectment Proceedings
- In 1987, National Power Corporation (NPC) filed an ejectment case before the MTC Quezon City against alleged illegal occupants, including Leoncio Ramoy, on NPC’s right-of-way in Baesa, Quezon City.
- On April 28, 1989, MTC Branch 36 rendered judgment in favor of NPC, ordering the demolition of structures and vacation of the premises; Leoncio Ramoy was specifically found to occupy Lot No. 72-B-2-B (Exhs. 2, 2-A to 2-C).
- Disconnection of Electric Service
- On June 20, 1990, NPC requested Meralco to disconnect electricity to all establishments under NPC transmission lines, attaching the MTC decision and list of affected establishments, including respondents.
- Meralco issued disconnection notices (Exhs. 3 to 3-I) and, despite a joint NPC-Meralco survey, disconnected power to respondents’ premises; Leoncio Ramoy protested, showing boundary monuments, but was threatened by armed men accompanying Meralco personnel.
- Trial and Intermediate Appeals
- The RTC of Quezon City (Branch 81) dismissed respondents’ claims for moral and exemplary damages and attorney’s fees, but ordered Meralco to restore service (RTC Decision, Sept. 24, 1996).
- The Court of Appeals (CA), in its December 16, 2002 Decision, held Meralco negligent for disconnecting without a writ of execution or coordinating with court officers, awarded moral and exemplary damages and attorney’s fees; its July 1, 2003 Resolution denied Meralco’s motion for reconsideration.
- Meralco filed a petition for review on certiorari under Rule 45 before the Supreme Court.
Issues:
- Whether Meralco was negligent in disconnecting respondents’ electric service.
- Whether respondents are entitled to moral and exemplary damages and attorney’s fees.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)