Quisumbing vs MERALCO

TITLE: Sps. Quisumbing vs. MERALCO

CITATION: GR No. 142943, April 3, 2002

FACTS:

The plaintiff, spouses Antonio and Lorna Quisumbing are the owners of a house located
at #94 Greenmeadows Avenue, Quezon City. Around 9AM on March 3, 1995,
defendants inspectors headed by Emmanuel C. Orlino were assigned to conduct a
routine on the spot inspection of all single phase meters at the house and observed as
standard operating procedure to ask permission and was granted by the plaintiffs
secretary. After the inspection, it was found that the meter had been tampered
with. The result was relayed to the secretary who conveyed the information to the
owners of the house. The inspectors advised that the meter be brought in their
laboratory for further verifications. In the event that the meter was indeed tampered,
defendant had to temporarily disconnect the electric services of the couple. After an
hour, inspectors returned and informed the findings of the laboratory and asked the
couple that unless they pay the amount of P178,875.01 representing the differential bill
their electric supply will be disconnected. The plaintiff filed complaint for damages with
a prayer for the issuance of a writ of preliminary injunction despite the immediate
reconnection.

ISSUE: Whether or not MERALCO acted maliciously and malevolent manner done
without due process, lack of regard for QUISUMBINGs rights, feelings, social and
business reputation and therefore held them accountable and plaintiff be entitled for
damages.

HELD:
Supreme Court partly granted the petition and ordered plaintiff to pay respondent the
billing differential of P193,332.96 while latter is ordered to pay petitioners moral and
exemplary damages including attorneys fees. Moral damages may be recovered
when rights of individuals including right against the deprivation of property without due
process of law are violated. Exemplary damages on the other hand are imposed by
way of example or correction for public. SC recognized the effort of MERALCO in
preventing illegal use of electricity. However, any action must be done in strict
observance of the rights of the people. Under the law, the Manila Electric Company
(Meralco) may immediately disconnect electric service on the ground of alleged meter
tampering, but only if the discovery of the cause is personally witnessed and attested to
by an officer of the law or by a duly authorized representative of the Energy Regulatory
Board. During the inspection, no government official or ERB representative was
present.