Title
Spouses Quisumbing vs. Manila Electric Co.
Case
G.R. No. 142943
Decision Date
Apr 3, 2002
MERALCO disconnected Quisumbings' power for alleged meter tampering without due process; SC ruled disconnection invalid, awarded damages, but upheld billing differential liability.
A

Case Digest (G.R. No. 90500)

Facts:

  • Parties and Background
    • Spouses Antonio and Lorna Quisumbing purchased a house and lot at No. 94 Greenmeadows Avenue, Quezon City on April 7, 1994 and assumed liability for its electric service.
    • Manila Electric Company (Meralco) is the authorized electric utility regulated by the Energy Regulatory Board (ERB).
  • Inspection, Disconnection, and Proceedings
    • On March 3, 1995, Meralco inspectors led by Emmanuel C. Orlino conducted a routine meter inspection at the Quisumbings’ residence, witnessed only by Meralco personnel and the plaintiffs’ secretary.
    • Inspectors found missing seals, misaligned dials, and scratches indicative of meter tampering; they immediately disconnected service and demanded payment of P178,875.01 pending resolution. Service was later reconnected the same afternoon.
    • On March 6, 1995, the Quisumbings filed suit for damages and a preliminary mandatory injunction alleging summary disconnection without due process. Meralco counterclaimed for a differential billing of P193,332.96.
    • The Regional Trial Court (RTC) ruled in favor of the Quisumbings, finding a quasi-delict and awarding actual, moral, and exemplary damages plus attorney’s fees.
    • The Court of Appeals (CA) reversed, dismissing the complaint and awarding Meralco its claimed billing differential.

Issues:

  • Compliance with Statutory and Contractual Requirements
    • Whether Meralco validly effected immediate disconnection under Section 4(a)(viii) of RA 7832 without an officer of the law or ERB representative personally witnessing and attesting to the discovery.
    • Whether Meralco’s contractual “Terms and Conditions of Service” or BOE/ERB orders justify summary disconnection without complying with statutory or regulatory notice requirements.
  • Entitlement to Damages
    • Whether the Quisumbings proved actual damages with the requisite degree of certainty.
    • Whether the summary disconnection without due process entitles the Quisumbings to moral and exemplary damages and attorney’s fees.
  • Liability for Billing Differential
    • Whether the Quisumbings are liable to pay the unregistered consumption differential of P193,332.96 based on uncontroverted documentary and testimonial evidence.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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