THIRD DIVISION
[G.R. No. 232514. August 14, 2019.]
FERNANDO NIEVA, petitioner, vs.COURT OF APPEALS AND MANILA ELECTRIC CO., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedAugust 14, 2019, which reads as follows:
"G.R. No. 232514 (FERNANDO NIEVA v. COURT OF APPEALS and MANILA ELECTRIC CO.). — The parties to this Petition seek approval by the Court of their Compromise Agreement.
Petitioner Fernando Nieva is the owner of a residential property located at No. 6 Jumalig St., Tierra Nueva Subdivision, Cupang, Muntinlupa. He has been a consumer of electricity provided by respondent Manila Electric Company (MERALCO), under Service Identification No. 458613501 registered in the name of the former owner of the property, Soledad C. Shuto. On December 19, 2006, MERALCO field personnel, Arturo F. Dizon, Ronald Malinis, and Jimmy Quesada proceeded to Nieva's home to verify a dispatcher's report concerning a possible anomaly in the residence's electric meter. After inspection, they noted that the outer terminal seal of the meter was intact but its inner cover was broken. They uninstalled the electric meter and had it tested in their laboratory. On January 19, 2007, Jim Noll Rosana (Rosana), MERALCO Class A Meter Technician, conducted a laboratory analysis of Nieva's electric meter and his probe revealed that the meter cover was fake, the second shaft gear was filed, the dial pointers were not aligned, and the meter displayed average accuracy readings. When the meter was tested against the 18 kilowatts standard, it allegedly registered only two kilowatts. Rosana concluded that Nieva's electric meter was "tampered." On February 9, 2007, Enrique Katipunan, a member of MERALCO Billing Support Staff, computed the appropriate differential billing pursuant to Section 6 of Republic Act (R.A.) No. 7832 or the Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994. On February 12, 2007, MERALCO demanded from Nieva the payment of the differential billing for electric supply amounting to PhP299,674.10, otherwise his electricity would be disconnected. Nieva refused to pay and maintained that he did not tamper with the electric meter because it was installed outside his residence.
Nieva filed a Complaint for Injunction before the Regional Trial Court (RTC) of Pasig, Branch 154. Nieva alleged that he had no control over the electric meter as it is located outside the premises of his residence. Even assuming that the meter was tampered, the same should not be imputed to him as he became the owner of the property only on September 2, 1999. Thus, he prayed that the trial court immediately enjoin MERALCO and all persons acting for and on its behalf from discontinuing and/or disconnecting the supply of electricity to his residence; and that after trial, to make the injunction permanent. He also prayed that MERALCO pay him the sum of PhP100,000.00 for and as attorney's fees and the costs of litigation.
The RTC, in a Decision 1 dated December 7, 2012, dismissed the Complaint and decreed thus:
WHEREFORE, foregoing considered, judgment is hereby rendered in favor of [MERALCO] and against [Nieva]. The instant complaint for injunction and damages is DISMISSED for lack of merit. Plaintiff Fernando C. Nieva is ordered to pay defendant Manila Electric Company the differential billing in [the] amount of Two Hundred Ninety-Nine Thousand Six Hundred Seventy-Four Pesos and Ten Centavos (Php299,674.10) with 12% interest from the time of [MERALCO's] extrajudicial demand on February 12, 2007 until full payment is made. 2
Nieva appealed to the Court of Appeals.
The Court of Appeals rendered a Decision 3 dated November 11, 2016, acknowledging that MERALCO was authorized to immediately disconnect the electric service of its customers without the need of court or administrative order when the consumer, or someone acting on his behalf, was caught perpetrating in flagrante delicto any of the acts enumerated in Section 4 of R.A. No. 7832. Nevertheless, the appellate court also noted that MERALCO failed to present proof that its personnel ever caught Nieva, or anyone acting on his behalf, in the act of tampering with his electric meter. MERALCO personnel merely received a report through their dispatcher. Nieva was not also present during the meter inspection at his home. Thus, under the circumstances, MERALCO had no authority to immediately disconnect Nieva's electric service and Nieva had a right to be provided with a continuous power supply. The dispositive portion of the Court of Appeals Decision reads:
WHEREFORE, in view of all the foregoing, the Manila Electric Company is ORDERED to immediately revoke its threat of discontinuing the supply of electricity to Fernando C. Nieva's residence located at No. 6 Jumalig St., Tierra Nueva Subdivision, Cupang, Muntinlupa. Fernando C. Nieva is, however, DIRECTED to settle the Manila Electric Company's differential billing amounting to Php299,674.10 with 12% interest from the time of extrajudicial demand on 12 February 2007 until full payment is made. The rest of the Decision rendered by Branch 154 of the Regional Trial Court of Pasig City on 07 December 2012 in Civil Case No. 71153-PSG STANDS. 4
Nieva sought remedy from this Court via the instant Petition for Review on Certiorari under Rule 45 of the Rules of Court.
However, following Nieva's death on May 31, 2018, his heirs and MERALCO filed a Joint Manifestation and Motion to Dismiss based on Compromise Agreement dated January 23, 2019. The contents of the said Compromise Agreement 5 are reproduced in full below:
This Compromise Agreement is entered into this ____ of ________, 2018 in __________, Philippines, by and between —
CHRISTINE MAE E. LAGANDAON, of legal age, married with address at No. 6 Jomalig St., Tierra Nueva Village, Alabang, Muntinlupa City (hereinafter referred to as Christine Lagandaon);
-and-
MANILA ELECTRIC COMPANY, represented in this act by CORNELIO MANUEL C. DICCION III, Head, Litigation Team II, with office address at 8th Floor, Lopez Building, Ortigas Avenue, Pasig City (hereinafter referred to as MERALCO), whose authority to represent the Company is attached to this Agreement as "Annex "A,"
WHEREAS, Fernando C. Nieva filed an action for Injunction against MERALCO, docketed as Civil Case No. 71153-PSG that has been decided by the Regional Trial Court, Branch 154, Pasig City and the Court of Appeals under CA-G.R. CV No. 170061 in MERALCO's favor. Fernando C. Nieva filed a Petition for Review docketed as G.R. No. 232514, pending with the Supreme Court.
WHEREAS, on May 31, 2018, Fernando C. Nieva passed away.
WHEREAS, Cynthia Y. Estrada-Nieva and Christine Mae Estrada Lagandaon are the only surviving compulsory heirs of Fernando C. Nieva.
WHEREAS, Ms. Cynthia Y. Estrada-Nieva has executed a Special Power of Attorney in favor of her daughter, Christine Mae Estrada Lagandaon, attached to this Agreement as Annex "B."
WHEREAS, Christine Mae Estrada Lagandaon, and MERALCO have agreed to settle the instant case amicably, as well as the differential bill and surcharge assessed against Fernando C. Nieva based on the results of the inspection conducted on the electric facilities under electric service account SIN 458613501 registered in the name of Soledad Shuto on March 20, 2009.
NOW WHEREFORE, for and in consideration of the foregoing premises, the Parties agree to abide by the following terms and conditions:
1. This agreement shall be binding and effective immediately upon signing hereof.
2. Simultaneous to the signing of this agreement, Christine Mae Lagandaon shall hand over to MERALCO the amount of Two Hundred Twenty Thousand Pesos (Php220,000.00) in cash/manager's checque.
3. The Parties, through counsel, shall also execute a Joint Manifestation and Motion to Dismiss Based on Compromise Agreement to be filed with the Supreme Court.
4. The payment herein of the total amount of Two Hundred Twenty Thousand Pesos (Php220,000.00) shall be deemed as the full and final settlement of any and all of claims of MERALCO against Fernando C. Nieva's estate and/or his heirs in and arising out of the aforesaid civil case and inspection conducted on March 20, 2009. Christine Lagandaon, Cynthia Y. Estrada-Nieva and the estate of Fernando C. Nieva are hereby released, remised and discharged from any sum of money, or any other claim of MERALCO in respect of the subject matter of the civil case and the said March 20, 2009 inspection.
5. Christine Mae Lagandaon warrants that the heirs of Fernando C. Nieva have no cause of action, complaint, case or grievance whatsoever against MERALCO, its subsidiaries, officers, directors, stockholders, agents, employees, assigns and successors-in-interest in respect of any matter incident to or arising out of the aforesaid civil case and the inspection conducted on March 20, 2009. Any and all present and future claims by said heirs and MERALCO against each other in respect of, arising from or connected to the matters subject of the civil case and the said March 20, 2009 inspection are hereby waived.
6. The Parties shall bear their own taxes, charges, fees, expenses and other obligations arising from or in connection with this Compromise Agreement. The Parties shall take care of settling their respective legal fees, if any.
7. The Parties warrant that they have consulted their respective legal counsel[s] with regard to the contents of, as well as the legal implications and consequences arising from, this Compromise Agreement. The Parties also understand and agree that this Compromise Agreement does not, in any way, substantiate nor validate that either Party has caused the other any wrongdoing, be it criminal, civil or administrative in nature.
8. The Parties agree to keep in confidence all matters, documents, amounts and/or information covered by the negotiations for the settlement of this case, as well as the contents of this Compromise Agreement, and shall not disclose the same without the written consent of the other.
9. The Parties declare that they have read and understood all the provisions herein and voluntarily bind themselves to abide by the terms of this Compromise Agreement, fully aware of their rights and obligations under the law.
IN WITNESS HEREOF, the Parties signify their assent to the foregoing by affixing their signatures below, on the date and at the place above written.
|
(Signed) |
(Signed) |
|
Christine Mae E. Lagandaon |
Cornelio Manuel C. Diccion III |
|
For the Heirs of Fernando C. Nieva |
For MERALCO |
Finding that the aforequoted Compromise Agreement is not contrary to law, morals, good customs and public policy, and appears to be freely executed by Nieva's heirs and MERALCO, with the assistance of their respective counsels, the Court finds no reason not to grant the prayer of the parties and to bestow judicial approval upon their Compromise Agreement.
WHEREFORE, the Compromise Agreement submitted by the parties is NOTED and APPROVED. The parties are ENJOINED to strictly abide by its terms and conditions and faithfully comply with their corresponding obligations.
The case is considered CLOSED and TERMINATED.
SO ORDERED."
Very truly yours,
WILFREDO V. LAPITANDivision Clerk of Court
By:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 22-33; penned by Acting Presiding Judge Genie G. Gapas-Agbada.
2.Id. at 33.
3.Id. at 45-61; penned by Associate Justice Zenaida T. Galapate-Laguilles with Associate Justices Amy C. Lazaro-Javier (now a member of this Court) and Florito S. Macalino concurring.
4.Id. at 60.
5.Id. at 86-88.