CASE DIGEST: AGUSAN DEL NORTE ELECTRIC COOPERATIVEANECO VS ANGELITA BALEN

AGUSAN DEL NORTE ELECTRIC COOPERATIVE, INC. (ANECO), represented by its Manager ROMEO O. DAGANI, Petitioner,

VS 

ANGELITA BALEN AND SPS. HERCULES AND RHEA LARIOSA, Respondents

G.R. 173146 [November 25, 2009]

Facts of the Case:

            ANECO installed an electric post in Ata-atahon, Nasipit, agusan del Norte, with its main distribution line of 13, 000 kilovolts traversing Angelita Balen’s residence. Balen’s father even protested the installation with the District Engineer’s Office and with ANECO, but his protest was not heeded. On July 25, 1992, Balen, Hercules Lariosa and Celestino Exclamado were electrocuted while removing the TV antenna from Balen’s residence. The antenna pole touched ANECO’s main distribution line which resulted in their electrocution.  Exclamado died instantly, while Balen and Lariosa suffered extensive third degree burns. Balen and Lariosan then lodged a complaint for damages against ANECO. The RTC decided in favor of respondents and against ANECO. On appeal, the CA affirmed the RTC ruling.

Issue:

            Whether or not ANECO was negligent, and thus, must be held liable for damages for injuries suffered by the respondents.

Ruling of the Court:

            The Supreme Court ruled that  ANECO’s negligence was the proximate cause of the injuries sustained by respondent.ANECO should have reasonably foreseen that, even if it complied with the clearance requirements under the Philippine Electrical Code in installing the subject high tension wires above MIGUEL BALEN’s house, still a potential risk existed that people would get electrocuted, considering that the wires were not insulated. Moreover, it was found that ANECO failed to heed the complaint of Balen’s father about the installation of the line. The proximate cause of the electrocution of respondents was ANECO’s installation of its main distribution line of high voltage over the house of Balen, without which the accident would not have occurred.

            The petition was denied.