19. Sps.

QUISUMBING, petitioner vs MERALCO,

respondents

GR No. 142943, April 3, 2002

TOPIC: Principle of Abuse of Rights

FACTS:

An inspector of the respondent found the meter of

petitioner to have been tampered.

After verification that it was indeed tampered,

respondents temporarily disconnected petitioner’s electric
supply and prompted them to pay the differential bill
otherwise their electric supply will be disconnected.

ISSUE:

Whether or not the respondent’s acted maliciously on

disconnecting the petitioner’s electricity without due
process and disregarded petitioner’s rights.

HELD:

Yes, respondent acted maliciously on disconnecting the

petitioner’s electricity without due process and
disregarded petitioner’s rights.

The first instance was the immediate disconnection of

their electric supply even though the governing law, RA
7832, requires that discovery of the tampered meter must
have been personally witnessed by an officer of the law or
an authorized ERB Representative.

The second was their failure to serve a written notice

before a disconnection as provided by the Revised Order of
the Public Service Commission.

Thus, respondent had no legal right to immediately

disconnect petitioners' electrical supply without observing
the requisites of law which, in turn, are akin to due
process.

Had respondent been more circumspect and prudent,

petitioners could have been given the opportunity to
controvert the initial finding of alleged meter tampering.