Case Digest (G.R. No. 160689)
Facts:
In Raul H. Sesbreao v. Honorable Court of Appeals et al. (G.R. No. 160689, March 26, 2014), petitioner Raul H. Sesbreao alleged that on May 11, 1989 at around 4:00 p.m., a Violation of Contract (VOC) inspection team from Visayan Electric Company (VECO)—composed of Engr. Felipe Constantino and Ronald Arcilla, and escorted by Sgt. Demetrio Balicha of the Philippine Constabulary—entered Sesbreao’s residence in La Paloma Village, Labangon, Cebu City. Sesbreao contended that the team forced entry without his consent or a warrant, tampered with his electric meter by turning it upside down, photographed it, removed it, replaced it with a new one, and conducted a warrantless search of the main residence to inventory appliances and light fixtures, all in bad faith. He asserted that personal effects went missing and that his maid and a visitor were coerced into signing documents. Sesbreao had contracted for metered electric service with VECO since March 2, 1982 under a standard contract cCase Digest (G.R. No. 160689)
Facts:
- Parties and Contract
- Visayan Electric Company (VECO) was a public utility supplying electricity in Metropolitan Cebu. Its officers included President Vicente E. Garcia, Vice-President Jose E. Garcia, Board Member Angelita Lhuillier, Assistant Treasurer Juan Coromina, and Billing Section head Norberto Abellana. VECO engaged Felipe Constantino and Ronald Arcilla as Violation of Contract (VOC) inspectors.
- Raul H. Sesbreão was a VECO customer under a metered service contract dated March 2, 1982. The contract’s paragraph 9 allowed VECO representatives to enter the consumer’s premises at reasonable hours to inspect and maintain its property.
- Inspection Incident on May 11, 1989
- The VOC team, escorted by PC Sgt. Demetrio Balicha, conducted a routine inspection at La Paloma Village, Labangon, Cebu City. Maid Bebe Baledio unlocked the gate; the team found Sesbreão’s meter turned upside down, photographed it, removed it, and installed a new one.
- The inspectors entered the main residence, surveyed appliances and wiring, and obtained signatures on an Inspection Division Report and Load Survey Sheet from Chuchie Garcia. Sesbreão was in his office and not informed.
- Afterward, Sesbreão alleged the team forced entry without his consent or a warrant, coerced his maid and visitor into signing documents, and that some personal effects were stolen.
- Lower Court Proceedings
- The Regional Trial Court (RTC), Branch 13, Cebu City, dismissed Sesbreão’s claim for damages on August 19, 1994, finding his witnesses’ testimonies inconsistent and believing VECO’s evidence of meter tampering.
- The Court of Appeals (CA) affirmed on March 10, 2003, ruling Sesbreão’s account implausible, noting the lack of similar complaints and the absence of malice or conspiracy by the VOC team.
Issues:
- Whether Sesbreão was entitled to recover damages for abuse of rights on account of an alleged unreasonable search and seizure and malice during the VECO inspection.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)