Dear PAO,
We live in a residential area in Bulacan. On June 17, 2024, we received our monthly billing from our electricity provider, which stated that payment was due by June 26, 2024. Unfortunately, we missed the payment on its due date. On June 27, 2024, we noticed that we did not have an electricity supply, so we asked our neighbors if they also experienced a power outage, but they did not. Thus, we went to our electricity provider and asked about the disconnection of our electricity. They answered that it was because we did not pay our bill before the due date. We just want to know if it is legal for the electricity providers to automatically cut the connection if the consumer does not pay the bill on time.
Emily
Dear Emily,
Article 18 of the Magna Carta for Residential Electricity Consumer provides the due process requirement and enumerates the grounds for disconnection of electric service:
“Article 18. Right to Due Process Prior to Disconnection of Electric Service. – No consumer shall be deprived of electric service without due process of law.
“Subject to the foregoing paragraph, disconnection of electric service shall only be made under the following circumstances:
“1. Non-payment of electric bills within the period of time provided in Article 32 of this Magna Carta;
“2. Illegal use of electricity under Republic Act No. 7832, otherwise known as the Anti-Electricity Pilferage Law;
“3. Upon lawful orders of government agencies and/or the courts;
“4. When the public safety so requires;
“5. Request of the registered customers based on justifiable reasons; or
“6. Allowing other end-users or persons to be connected to his electrical installation, whether for profit or not.
It is clear from the afore-mentioned law that although it is the right of the electricity distributor/provider to disconnect the electric service due to non-payment of outstanding bills, the disconnection must be done in accordance with due process.
Based on Article 32 of the aforementioned Magna Carta, the consumer must pay their bill not later than nine days from the receipt of their monthly bill. However, in case the consumer fails to pay on the due date, the electric distributor cannot automatically disconnect the connection. Article 19 of the same law provides that if the disconnection is due to non-payment of electric bills, the distributor must first provide a written notice and serve it to the consumer 48 hours before the disconnection.
As a consumer, it is our responsibility and obligation to pay our monthly bills. However, this obligation does not give a right to the distributor to automatically cut our electric connection in case we fail to pay on the due date. In your case, it is not legal for the electric distributor to automatically disconnect your electric connection, especially because they did not provide you with a written notice before the disconnection.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
