Jumper legalities

Dear Atty. Kathy,

Our neighbor (N) is complaining about the sudden disconnection by Meralco of the electricity supply of their family home. N said that Meralco’s reason was it found a jumper cable and tampered electric meter. According to N, Meralco just gave them a written disconnection notice on the same day of the inspection. N pleaded Meralco to give her some time to fix the situation, since she was not aware, too, of the jumper cable and tampered electric meter. However, immediately after the inspection, on the same day still, N said Meralco just disconnected their electricity supply right away. Is this legal?

Nia

Dear Nia,

Section 4(a) of Republic Act 7832 — AntiElectricity and Electric Transmission Lines/ Materials Pilferage Act of 1994 (RA 7832) provides that the presence in any part of the building or its premises, which is subject to the control of the consumer or on the electric meter of a current reversing transformer, jumper, shorting and/or shunting wire, and/or loop connection or any other similar device, shall constitute prima facie evidence of illegal use of electricity by the person benefited thereby, and shall be the basis for the immediate disconnection by the electric utility to such person after due notice.

Therefore, if there is a discovery of tampering of the electric meter, unless proven otherwise, the tampering will be considered as evidence of illegal use of electricity by the person who benefits from such. However, before the electric service provider can be authorized to disconnect its customer’s electric service on the basis of the tampered electric meter, one of the requirements is that the customer must be given due notice prior to the disconnection.

According to the Supreme Court, the prior written notice required is at least 48 hours prior to disconnection. An electricity service provider cannot deprive their customers of electric services, without first giving written notice of the grounds for such disconnection, and giving the notice at least 48 hours prior to disconnection, otherwise, this would be a violation of RA 7832. Without such due notice and opportunity to explain their side, the customers would be deprived of property rights without due process of law.

G.R. No. 255038, 26 June 2023)