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THE
Lopez-controlled Manila Electric Co. must pay a couple
P500,000—lower than the demanded P1.38 million—as
“temperate damages” for a defective electric meter that
resulted in an unreasonable increase in their electric
bills.
This was
decided on by the Court of Appeals (CA) in a ruling
written by Associate Justice Japar Dimaampao of the 15th
Division after it found the decision of the Regional
Trial Court (RTC) in Pasig City in order.
The RTC
on July 9, 2003, found Meralco liable for the faulty
electric meter and ordered it to refund P1.8 million to
lawyer P.M. Castillo and his wife Guia, owners of
Permanent Light Manufacturing Enterprises (PLME), for
the electric bills they overpaid as a result of the
irregular meter’s readings.
The CA
said it cannot abide by the computation for overpayment
made by PLME based on its November 28 electric bill,
since it is tantamount to speculating it is the average
monthly charge they have been paying.
“But
considering that appellees suffered pecuniary loss,
although its amount could not be determined with
certainty, the award of temperate damages in the amount
of P500,000 is sufficient and reasonable under the
circumstances.”
Records
show that on
April 19, 1994,
a group of roving Meralco linemen inspected the
company’s meter and declared that it had been tampered
with and immediately disconnected it.
The
Castillo couple were surprised, but urgently needing
power for their operation, immediately paid P50,000 down
payment to be reconnected.
A few
months later, on March 1994, they told Meralco their new
electric meter, was moving faster than the old meter but
Meralco refused to inspect the meter until they reported
the glass cover was broken, which left the power firm no
other choice but to install another meter for PLME.
Subsequently, the Castillos received another billing
statement amounting to P192,009 which was supposedly
computed after Meralco realized that bill from March
1994 to April 1994 had not yet been paid.
The
Castillos refused to pay until Meralco could explain the
staggering increase in their monthly bills. However,
Meralco instead threatened them with disconnection.
In
upholding the ruling of the Pasig RTC, the CA noted that
Meralco violated Section 97 of the Revised Order of the
Public Service Commission which mandates that a 48-hour
notice be given prior to disconnection.
“Accordingly, whatever evidence pertaining to the
alleged tampered meter is rendered dubious because of
appellant’s bad faith in capriciously disconnecting
electric service to Permanent Light,” the CA said.
The CA
also castigated Meralco for not immediately looking into
the complaint of the couple that their second meter was
defective. The CA added that it is puzzled why Meralco
did not present any evidence to refute the claim that
the second meter was malfunctioning.
Concurring were Associate Justices Mario L. Guarina III
and Romeo F. Barza. |
