VECO wants case dismissal upheld

CEBU, Philippines - Citing lack of merit, the Visayan Electric Company is asking the court to deny the motion for reconsideration filed by Ken Salimbangon over the dismissal of his civil case against them.

VECO through its counsel Bernard Inocentes Garcia stated the order of the court dismissing the injunction with prayer for the issuance of temporary restraining order and writ of preliminary injunction was clear.

Earlier, the court dismissed the case filed by Salimbangon, nephew of fourth district Rep. Benhur Salimbangon, after it was found out that he likewise filed a case before the Energy Regulatory Commission.

The court dismissed the case for forum shopping.

“Moreover, there is no question as to the identity of parties in the complaints filed with this court and the ERC. In fact, plaintiff seeks substantially the same reliefs in their separate complaints with this court and the ERC for the purpose of accomplishing the same objective,” the decision read.

The court said the purpose of the complainant in filing case was for the reconnection of his electricity service after this was cut by the defendant.

In his motion for reconsideration, Salimbangon sought the reversal of the ruling claiming he already withdrew his case before the ERC.

“The above ruling of the Honorable Court and the grounds subscribed to are now non-existent and absent considering that the ERC had already been effectively withdrawn by the plaintiff herein,” the motion read.

But VECO stated the withdrawal made by the plaintiff before the ERC cannot justify his motion for reconsideration as it was not recognized as one of the grounds under the law.

VECO likewise said the plaintiff did not present proof to support his claim that ERC granted its withdrawal of cases.

VECO added it was the ERC that has jurisdiction over the case as it involves electricity.

With that, the VECO asked for the dismissal of the case.

“To save the precious time of this court and decongest its heavily-burdened docket of patently baseless and completely unnecessary complaint, this case be dismissed on the grounds of litis pendentia and the doctrine of primary jurisdiction,” their answer read.

VECO disconnected Salimbangon’s power supply on Jul. 6, 2011 after it was discovered that he allegedly used an electric meter rotating in reverse.

VECO claimed that Salimbangon has pilfered a total of 8,331 kilowatt hours since November 2009 up to July 2011.

He was assessed to have an outstanding financial obligation to the utility amounting to P86,869.55 including the 25-percent surcharge and inspection cost.

Salimbangon denied having pilfered electricity from VECO. — (FREEMAN)