Title
Manila Electric Co. vs. Nordec Philippines
Case
G.R. No. 196020
Decision Date
Apr 18, 2018
Meralco billed Marvex for tampered meters; successor Nordec sued for damages. Court found Meralco negligent, awarded nominal damages, denied exemplary damages.

Case Summary (G.R. No. 159108)

Factual Background and Contractual Relationship

Meralco initially supplied electricity to Marvex under a service contract executed in 1985. Tampering with electric metering devices was discovered during inspections in May and September 1985, for which Meralco assessed differential billing totaling approximately ₱496,386.29. Despite demand letters issued to Marvex, service was disconnected due to non-payment. Nordec later acquired Marvex and filed suit against Meralco, alleging damages from improper disconnection and disputed meter tampering claims. The ownership and contractual standing of Nordec were contested, where Meralco argued no contract existed between it and Nordec, while the Court of Appeals found that Nordec succeeded Marvex’s contractual rights and obligations as the beneficial user of the account.

Inspection Findings and Meter Tampering Allegations

Meralco’s inspections in 1985 revealed tampering in metering devices, supported by measured electric consumption irregularities and differential billing. Nordec contested these findings, claiming inspections were unauthorized and denial of duly requested recomputation. A later inspection in November 1987 showed metering irregularities, including power usage registration despite the system being shut down, leading to Meralco’s offer of reimbursement for overbilling, which Nordec rejected. Meralco maintained that inspections were lawful, conducted with consent and in the presence of Nordec representatives.

Regional Trial Court’s Decision

The Regional Trial Court dismissed Nordec’s complaints, finding sufficient evidence of meter tampering at Marvex’s premises and no ill intent by Meralco inspectors. It held Nordec accountable for violating Meralco’s Terms and Conditions of Service and denied contractual relationship recognition between Meralco and Nordec, resulting in dismissal of Nordec’s claims and a counterclaim in favor of Meralco for unpaid electricity charges, exemplary damages, and attorney’s fees.

Court of Appeals’ Decision and Rationale

The Court of Appeals reversed the Regional Trial Court, affirming a contractual relationship between Meralco and Nordec, recognizing Nordec as Marvex’s successor-in-interest and beneficial user of the electric service. It found Meralco negligent for its delayed discovery of meter irregularities and defects, including a defective meter running despite power shutdown, constituting reasonable grounds to reject the meter tampering claim against Nordec. Meralco’s failure to provide the mandatory 48-hour written notice prior to disconnection was also established. The Court awarded Nordec refunds for overbilling, exemplary damages, attorney’s fees, and costs of suit, though it denied actual damages for lack of proof.

Issues Presented to the Supreme Court

The issues reviewed by the Supreme Court include: whether the Court of Appeals erred in overturning the Regional Trial Court’s factual findings; the existence of a cause of action by Nordec against Meralco; whether Meralco was inexcusably negligent in disconnecting Nordec's electric supply without proper notice; and the propriety of damages and attorney’s fees awarded to Nordec.

Supreme Court’s Analysis on Factual Findings Review

The Supreme Court held that the Court of Appeals is empowered to review and revise the factual findings of trial courts unless there is grave abuse of discretion—defined as such a capricious or whimsical exercise of judgment tantamount to lack of jurisdiction. Meralco failed to prove grave abuse of discretion by the Court of Appeals. Thus, the appellate court’s factual findings stand.

Supreme Court’s Ruling on Cause of Action and Contractual Relationship

The Supreme Court recognized a cause of action based on the established relationship between Meralco and Nordec, as Meralco acted knowingly with Nordec as the de facto beneficial user of the electric supply after the transfer of ownership from Marvex. Correspondence and presence of Nordec representatives during inspections support this. The lack of a formal contract in Meralco’s name did not preclude Nordec from asserting its rights or obligations regarding electric service consumption.

Duty of Distribution Utilities and Standard of Diligence

The Court emphasized the established jurisprudence that public utilities like Meralco have an imperative duty to exercise due diligence by conducting reasonable and proper inspections of metering devices to prevent malfunction or tampering. Negligence by Meralco in discovering meter defects or tampering, or failure to repair such defects timely, results in the forfeiture of its claims for unpaid consumption. The Court clarified that the duty extends to mechanical defects and intentional tampering, thereby encompassing varied causes of meter irregularities.

Application of Commonwealth Act No. 349 and Prevailing Law

Although Meralco argued that meter testing under Commonwealth Act No. 349 was limited to once every two years and that such a standard governed its obligations at the time, the Court held that this statute pertains to standardized laboratory testing, not Meralco’s inspection duties under its service agreement. The Ridjo Tape jurisprudence requires distribution utilities to maintain continuous diligence beyond such minimal periodic testing standards.

Meralco’s Negligence in Meter Inspection and Disconnection Procedure

The Court found Meralco’s late discovery of meter irregularities—four months after irregular consumption was detected—constituted negligence. Furthermore, Meralco failed to give the mandatory 48-hour written notice prior t

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