BACOLOD City Mayor Alfredo “Albee” Benitez is now eyeing to file a class suit against the management of the Central Negros Electric Cooperative (Ceneco) after one of his new air conditioners (aircon) was damaged due to power fluctuation.
Benitez said Monday, May 15, that he already asked the City Legal Office (CLO) to come up with findings to determine the responsibility of Ceneco.
“The other day, due to power fluctuation, it damaged one of my new aircons. I’m sure it’s not just me. There should have been a protection system,” he said.
The mayor noted that under Republic Act (RA) 9136 or the Epira Law, Section 23, a distribution utility shall have the obligation to provide distribution services and connections to its system for any end-user within its franchise area consistent with the distribution code. Any entity engaged therein shall provide open and non-discriminatory access to its distribution system to all users.
Benitez said as per Philippine Distribution Code, Ceneco should comply with performance standards for distributions to ensure the quality of electric power distribution system, to ensure that the distribution system will be operational in a safe and efficient manner and with high degree of reliability.
“It means, the quality of service is something that maybe I can ask them because my understanding is, Ceneco should have a protection system. If there’s a power fluctuation, it should not hit the consumers,” he said.
He added that they should have that equipment in place to ensure that it will not hit the consumers.
“So I am looking at this because if ever there is a liability on their part, I don’t mind organizing a class action suit so that they will pay my damaged aircon,” Benitez said.
He said that under Civil Code Article 2176 provides that whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done.
Such fault or negligence, if there is no pre-existing contractual relation between parties, is called a quasi-delict and is governed by the provisions of this chapter, it further added.*