Republic of the Philippines

ENERGY REGULATORY COMMISSION

San Miguel Ave., Pasig City

ROLANDO VILLANUEVA
(represented by ADRIAN VILLANUEVA)
Complainant,

-versus- ERC CASE NO. 2013-006CC

MANILA ELECTRIC COMPANY

Respondent.

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PRE TRIAL BRIEF

(for the Complainant)

COMES NOW, the Complainant, through the Public Attorney’s

Office (PAO), unto this Honorable Commission most respectfully
submits his Pre-Trial Brief.

POSSIBILITY OF ENTERING INTO AN AMICABLE SETTLEMENT

Complainant is willing to enter into an amicable settlement
provided it is just and equitable under the premises and for the
prompt disposition of the case.

BRIEF STATEMENT OF FACTS

This is a Complaint for excessive and unjustified collection of

electric bills as a result of arbitrary and ill-justified inspection. The
complainant in this case is Adrian Villanueva (“Adrian”), the son and
duly authorized representative of Rolando Villanueva (“Rolando”) as
evidenced by a copy of the SPA entered into by and between them.

Defendant-appellant Manila Electric Company (MERALCO) is a

private corporation, authorized by law to charge all persons, including
the government, for the consumption of electric power at rates duly
authorized and approved by the Board of Energy (now the Energy
Regulatory Commission).
 The subject matter of this case - electric meter with SIN
259118101-8 is registered under the name of Mario Villanueva
(“Mario”), the father of Rolando. Mario used to live in the premises but
left even before Adrian was born. The family of Rolando has been
paying their bills with the respondent from the time the account owner
left.

On May 15, 2012, some Meralco personnel went to the

complainant’s place and issued a report stating the following: a) a
jumper connected to your electric service; b) terminal seal is broken;
and c) found using two line jumper tapped at illegal service
connection wires. Later, two (2) demand letters dated June 1, 2012
and January 3, 2013 were received by the complainant demanding
for the payment of Php 134,133.35. Respondent also threatened that
in case of non-payment, the electric service will be disconnected.

Complainant went to the Meralco Business Center at Baliuag,

Bulacan to submit his affidavit denying the allegations of the
respondent. Sometime in August of 2012, a Meralco personnel made
a re-investigation and just told Rolando to elevate the matter to the
honorable ERC. Hence, complainant was constrained to file this
case.

ISSUES

1. Whether or not respondent committed erroneous billing and/or

overbilling.

2. Whether or not respondent is justified to demand from herein

complainant the differential amount of Php 134,133.35

3. Whether or not the respondent committed abuse of right.

EXHIBITS/DOCUMENTS TO BE PRESENTED

1. Complaint to the Honorable Commission dated January 25, 2013;

2. Meralco billing statements

3. Meralco billing history

Complainant reserves the right to present and mark additional

evidence during the course of the trial if necessary.
 APPLICABLE LAWS

Provisions of the New Civil Code specifically:

1. Human Relations
2. Damages
3. Provisions of R.A. 7832

WITNESSES

Complainant reserves the right to present at least three (3)

witnesses during the course of the trial if necessary.

AVAILABLE DATES

All dates falling on Friday, in the afternoon.

Respectfully submitted.

Pasig City, 15 March 2013.

PUBLIC ATTORNEY’S OFFICE

3rd Floor DSWD/Rescue Building
City Compound, Pasig City

By:

BILLY JOEL M. PINEDA

Public Attorney I
Roll of Attorney No. 60919
IBP no. 922964/ Manila III/ January 8, 2013
Admitted to the bar: March 26, 2012

Copy furnished:

MERALCO Legal Department

8th Flr, Lopez Bldg., Meralco Center
Ortigas Ave., Pasig City