Yanson feud – Causings went to court-9

By Modesto P. Sa-onoy

 

The law and rules cited yesterday are clear – even if the power supply user had not paid his bills, the disconnection of electric supply can only be done by proper notice; I added that unless there is an immediate danger like fire. In the Causings case, they had paid their bills and had not received a disconnection notice. Moreover, Ceneco acted arbitrarily, without any provocation and even brought a police and armed security force as if they believed the family would violently resist.

Worse they were also shepherded by an Olivia Yanson enforcer who is expected to also know the law. Thus these escorts cannot claim ignorance of the law if that is a defense at all. On the other hand, it was proof that they were complicit to ensure the performance of an illegal act.

Should not the Causings also file a separate complaint against Ceneco before the Energy Regulatory Commission?

Just to underscore the universality of the laws protecting energy users from arbitrary actions of power providers, let me cite the law in Nigeria: “all such disconnections are 100% UNLAWFUL because they are not done in compliance with the applicable laws. Therefore, for every disconnection ever done, the services of any legal practitioner who specializes (or has horned his skills) in the field of Electricity Law, may be retained for a redressal of the injustice of unlawful disconnection. The distribution companies could be sued and compensation might be awarded by the court in favor of a disconnected customer, in form of damages.”

Now in the Philippines. The High Court had ruled against Meralco in a case of tampering. It said, “We cannot allow the respondent to act virtually as prosecutor and judge in imposing the penalty of disconnection due to alleged meter tampering. That would not sit well in a democratic country. After all, Meralco is a monopoly that derives its power from the government. Clothing it with unilateral authority to disconnect would be equivalent to giving it a license to tyrannize its hapless customers (G.R. No. 195145 February 10, 2016).

If it was tyranny to cut off the power supply to a clearly illegal act of tampering with an electric meter, how would we describe the act of Ceneco in stealthily disconnecting the legal power supply of a paying customer? “Tyranny” seems inadequate and Ceneco should be made to pay.

The complaint continued to say, “It will take Complainants weeks just to be able to move their essential belongings and fixtures to their new abode, despite the tremendous assistance provided to them by well-meaning friends, family and relatives.”

The Causings moved out to be able to find some peace and solace but left their belongings in the apartment that was without water and electricity needed for civilized living and yet ensured that they did not abandon the unit as they had not lost the fight.

However, “To ensure the safety and security of the Unit and their belongings still left at the Unit, Complainants sought and were granted permission to install guards at the Unit. Nico also provided his guards with a notarized SPA to prove the guards have been authorized by him to be his personal representative and/or caretaker of the Unit.”

But Olivia Yanson was not satisfied with the mere departure of the Causings, understandably because for all purposes, the Causings were still occupying the unit. Thus, Emily Yanson remained in possession of the apartment. As in previous instances, Olivia finds no peace unless she has it all and in control of everything. Indeed, this mindset is the root of the Yanson family feud.

So, “sometime on July 6, 2020,” the complaint said, “only days after the tragic incidents, guards from the neighboring Unit 4 (one of the 5 units forcibly taken over by OVY from the guards of EVY), went inside the Unit and installed a tarpaulin with the following printed words, “NO TRESPASSING”, “PRIVATE PROPERTY”, “OWNER: OLIVIA V. YANSON”. After consulting his lawyer, Nico directed his guards to take the tarpaulin down.”

Thus the interim peace was broken because Olivia could not accept half a victory. The heady wine and love to exercise power were too much to ignore and she forced the Causings to seek redress in court.

Continued on November 4.