Philippine Laws Library | BATASnatin - Filipino's Comprehensive Online Law Resource and Community

Switch to desktop Register Login

Welcome, Guest
Username Password: Remember me

kaso meralco
(1 viewing) (1) Guest
  • Page:
  • 1

TOPIC: kaso meralco

kaso meralco 1 year, 10 months ago #118

  • rene
  • OFFLINE
  • Fresh Boarder
  • Posts: 1
  • Karma: 0
ang bobo ko at nataranta ako kaya pumirma sa report ng inspection nila.illegal connections!half million ang pinababayaran saken..may welding machine ako sa bahay.hindi naman po panghanap buhay to..yun ang kinaso sakin.hindi naman ako na aktuhang gumagamit.tulong po!!!

Non imprisonment for debt 1 year, 10 months ago #119

  • admin
  • OFFLINE
  • Moderator
  • Posts: 57
  • Karma: 4
I have a tip for everyone, "Non imprisonment for debt". If you receive lots of letters from your former cable co., telephone co., ISP, etc. channeled through a law firm, think about this... Is it practical for them to pursue a civil case against me? If the answer is no, crumple those letters and no worries.

To rene: relax, wag mo masyadong dibdidin, ang burden nasa kanila. Pinakita ba sa iyo and actual consumption mo ng kuryente? Evidences dapat lahat at hindi estimates.

Re:signing illegal connection report 1 year, 10 months ago #120

  • lorenjay
  • OFFLINE
  • Senior Boarder
  • Posts: 47
  • Karma: 2
@Rene, Personally, I believe that signing an inspection report is not enough to make you liable to pay for the half million. The report is not a binding contract, that no obligation arises from that document.

Please review the bottom portion of the METER/SOCKET INSPECTION REPORT (if the form you signed is the same as what I have now), it says:

"Please review carefully the above data or entries made by our men on the condition of the removed meter or socket/bakelites and sign on the space provided below"

The second paragraph will instruct you on how the removed meter will be handled and a notice that a laboratory examination will be subsequently made.

Thus, when you signed the report, you acknowledge only the condition of the removed meter or socket/bakelites. The fact you signed is not admission of guilt.

However, since you signed that report, you now deemed to acknowledge that an inspection indeed was indeed conducted in observance of due process. But carefully note, you do not acknowledge that the inspection was properly conducted or the finding of illegal connection is now conclusive. It is only the fact that an inspection was made, which you cannot rebut by evidence.

On the other hand, a signed illegal connection report is a prima facie evidence of illegal use of electricity that may cause 1.) immediate disconnection, but after due notice; 2.) the holding of a preliminary investigation by the prosecutor and the subsequent filing in court of pertinent information; and 3.) lifting of any temporary restraining order or injunction (see:Section 4 of RA 7832)

Thus, if there are grounds, a criminal complaint for violating RA 7832 (Anti-electricity and Electric Transmission Lines/Materials Pilferage Act of 1994) may be filed against anyone who:

(a) Tap, make or cause to be made any connection with overhead lines, service drops, or other electric service wires, without previous authority or consent of the private electric utility or rural electric cooperative concerned;
(b) Tap, make or cause to be made any connection to the existing electric service facilities of any duly registered consumer without the latter's or the electric utility's consent or authority;
(c) Tamper, install or use a tampered electrical meter, jumper, current reversing transformer, shorting or shunting wire, loop connection or any other device which interferes with the proper or accurate registry or metering of electric current or otherwise results in its diversion in a manner whereby electricity is stolen or wasted;
(d) Damage or destroy an electric meter, equipment, wire or conduit or allow any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electric current; and
(e) Knowingly use or receive the direct benefit of electric service obtained through any of the acts mentioned in subsections (a), (b), (c), and (d) above. (refer to Section 3 of the RA 7832)

Also, differential billing may also be charged. The amount to be bill as differential bill is an estimate of unbilled eletricity illegally consumed "...as determined through the use of methodologies which utilize..." the standard setforth on Section 6, paragraph 2 of the RA 7832.

@admin I agree on the non-imprisonment for debt. However, with due respect, since the implementation of small claims proceedings, it will now appear pursuing civil claims less than a hundred thousand will not be anymore impractical. In fact, ideally, within a few days, the court must render judgment. Thus, lesser judicial cost.

Also, though absolutely non-payment of debt does not give rise to criminal liability, please take note of RA 8484 (Access Devices Regulation Act of 1998); particularly, section 9, paragraph i, which reads:

"obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter"

If you use credit cards to obtain money or purchase goods, you are not criminally liable for non-payment, but the act of fleeing to avoid liability is punished under RA 8484.

Re:signing illegal connection report 1 year, 10 months ago #121

  • admin
  • OFFLINE
  • Moderator
  • Posts: 57
  • Karma: 4
Thanks lorenjay for shedding light on this issue that most of us really are not so much knowledgeable about. Sigurado ako after rene knowing about this, mas makakatulog siya ng mahimbing

Re:signing illegal connection report 1 year, 10 months ago #125

  • lorenjay
  • OFFLINE
  • Senior Boarder
  • Posts: 47
  • Karma: 2
It is my pleasure to help, but i really hope that i have cleared doubts instead of creating them.
  • Page:
  • 1
Time to create page: 4.54 seconds

BATASnatin.com- The Best Philippine Law Library

Top Desktop version