Petitioner
Metropolitan Waterworks
Respondent
Act Theater
Citation
G.R. No. 147076
Court
Supreme Court
Division
Second Division
Ponente
Callejo, Sr., J.
Decided
June 17, 2004

Summary

This case involved Act Theater's civil suit against MWSS after the utility company cut off their water service following the arrest of four employees for alleged water meter tampering. The criminal case resulted in acquittal of all accused employees. In the civil aspect, all three court levels found that MWSS acted arbitrarily by disconnecting water service without proper notice, violating Article 19 of the Civil Code which requires exercise of rights with justice and good faith. The Supreme Court emphasized that while MWSS had proprietary rights under Article 429, these rights must be exercised in accordance with due process and good faith principles. The Court affirmed awards of P25,000 damages, P200,000 deposit return, and P5,000 attorney's fees, establishing important precedent on abuse of rights by utility providers.

Statutes applied

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By Intellegal Editorial Board · June 17, 2004

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