Meralco can’t disconnect service sans 48-hour notice, SC rules

The Supreme Court (SC) has ruled that Manila Electric Company (Meralco) should hand in a written notice 48 hours before it cuts off a customers’ electricity supply.

In a press statement released by the SC Public Information Office (PIO) on Friday, the high court said “before Meralco can disconnect the electric service of a consumer on grounds cited under Section 4(a) of RA 7832, there must be prior written notice to the consumer to disconnect.”

Republic Act No. 7832 refers to the Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994.

“The Court emphasized that the said prior written notice must be given at least 48 hours prior to the disconnection, pursuant to due process requirements,” the SC said.

The SC decision stemmed from the petition filed by Meralco appealing the decision of the Court of Appeals (CA), which affirmed the decision of the Regional Trial Court (RTC) of Valenzuela City, Branch 172.

The RTC ruled in favor of a certain Lucy Yu, who alleged that on December 9, 1999, representatives from Meralco forcibly entered the premises of her family-owned factory and residence, and then after inspection issued a Notice of Disconnection and immediately disconnected their electricity supply.

Meralco elevated the case to the CA, which affirmed the RTC ruling. The power distributor then appealed the CA decision before the SC.

In deciding against Meralco, the SC said the company “is presumed to be in bad faith for its failure to follow the due notice requirement under R.A. 7832 during the disconnection of the Yu’s electric service.”

48-hour notice now a Meralco policy

Sought for comment, Meralco said it has not officially received a copy of the SC decision and “will have to study it before making any further comments.”

“In any case, we note that the incident in question happened in 1999. It has been Meralco's current policy to serve 48-hour prior notice before disconnecting any service to comply with the due process requirements,” the power distributor said.

In affirming the CA’s decision, the SC further stated that “the award of temperate damages is reduced to P50,000; the award of moral damages is deleted for lack of basis; and the award of exemplary damages is reduced to P100,000.”

“The Court ordered that the rest of the CA ruling stands,” the SC said. —KBK, GMA Integrated New