This case has been cited 3 times or more.
|
2016-02-10 |
BRION, J. |
||||
| To reiterate, R.A. 7832 has two requisites for an electric service provider to be authorized to disconnect its customer's electric service on the basis of alleged electricity pilferage: first, an officer of the law or an authorized ERB representative must be present during the inspection of the electric facilities; and second, even if there is prima facie evidence of illegal use of electricity and the customer is caught in flagrante delicto committing the acts under Section 4(a), the customer must still be given due notice prior to the disconnection.[12] | |||||
|
2014-03-10 |
MENDOZA, J. |
||||
| With regard to the issue of the injunctive bond, the Court has time and again ruled that the posting of the bond is a condition sine qua non before a writ of preliminary injunction may issue.[42] Its purpose is to secure the person enjoined against any damage that he may sustain in case the court should finally decide that the applicant was not entitled thereto.[43] The rule, does not mean, however, that the injunction maybe disregarded since it becomes effective only after the bond is actually filed in court.[44] In fact, in the case of Consolidated Workers Union v. Court of Industrial Relations,[45] the Court declared that it was erroneous for the labor court not to require the party to file a bond. Yet, the Court did not annul the writ of injunction but instead ordered the said court to determine the appropriate amount of bond to be posted by the party. | |||||
|
2007-04-27 |
AUSTRIA-MARTINEZ, J. |
||||
| Electricity is property[25] the enjoyment of which the provider, such as an electric cooperative like Samelco, may extend or deny to others.[26] However, electricity is not just any property, and an electric cooperative is not just any property owner. Electricity is a basic necessity the generation and distribution of which is imbued with public interest, and its provider is a public utility subject to strict regulation by the State in the exercise of police power.[27] Failure to comply with these regulations will give rise to the presumption of bad faith or abuse of right.[28] | |||||