AKELCO, “amidst these errors of the defendant (AKELCO), it failed to correct its mistakes and to offer an apology…as a consequence of these wrongful acts of the defendant which it refused to correct despite all the extrajudicial opportunities given it, the herein plaintiffs suffered damages”, said Dr. Florentino Ibabao of ORINDA HOLDINGS CORPORATION.
“For recovery of sum of money and damages”, Dr. Florentino Ibabao filed Civil Case No. 7499 with the Regional Trial Court, Kalibo, Aklan. Dr. Ibabao petitioned the court that after trial, “judgment be rendered ordering defendants (AKELCO) to pay plaintiffs (ORINDA and Dr. Ibabao) the following: 1. For moral damages – P200,000; 2. Exemplary damages – P20,000; and 3. Actual damages – P400,000. In addition, Dr. Ibabao is asking for P50,000 attorney’s fee plus P5,000 appearances fees per appearance and P35,000 litigation expenses.
ORINDA, a holding company, is represented by Dr. Ibabao in his capacity as president and chairman of the Board of Directors. Ibabao is also the majority stockholder of ORINDA.
According to the complaint, ORINDA, a franchise of Jollibee Foods Corporation, is a buyer of electricity from AKELCO with Account No. 01 – 0196 – 0014. However, on June 12, 2003, for no valid or lawful reason AKELCO disconnected, cut and discontinued the power supply “to Jollibee” without legal justification and demanded from (Dr. Ibabao) the payment of …P608,002.16 as a condition for the reinstallation of the electric power supply;…the sudden and unceremonious disruption of the business…, discomfort, inconvenience, AKELCO caused its staff and the customers…(Dr. Ibabao) was coerced into complying with…demands of (AKELCO)… “ to continue its business operations.
To recall, the disconnection of electricity at Jollibee, Poblacion, Kalibo happened in the afternoon of June 12, 2003. In his complaint, Dr. Ibabao alleged that some of employees led by Ms. Neny Toriano who announced in the presence of many people, including the members of media, that AKELCO “will cut off the electric supply and disable the meter.” The complaint added, “she falsely accused the (Dr. Ibabao) of having tampered the electric meter in order to steal electric energy from (AKELCO).”
Dr. Ibabao denied the accusation and requested that he be allowed to explain but his “pleadings fell into deep ears. “In plain public view and amidst the rejoicing of the employees of the (AKELCO) as well as media people and the audience of the (AKELCO) gathered to witness the removal of the electric meter, (AKELCO) agents and employees removed the meter and disconnected the power supply to the establishment of (Dr. Ibabao).”
The power supply was restored after talking to some AKELCO top officials who imposed the condition as follows: 1. Pay P10,000 cash; 2. A check pay to AKELCO for P353,002.16; and 3. Dr. Ibabao left his Honda Civic car with AKELCO which can be taken back after the check is honored by the bank.
According to the complaint, “AKELCO has its pre – arranged scheme…to media hype in its propaganda to humiliate…; AKELCO caused the false and malicious publicity through broadcast and print media running for almost one month purveying the derogatory information that (Dr. Ibabao) stole electricity.”
After power was restored to Jollibee, the meter box was locked and secured. The volume of electric consumptions after the power restoration were compared with the previous consumptions before the disconnections leading to the conclusion that there was no tampering of whatsoever happened.
To correct the information that happened on June 12, 2002, Dr. Ibabao requested on July 7, 2003 for calibration to find out if tampering of meter really occurred caused by Dr. Ibabao. On July 16, 2003, Mr. Erico Bucoy, of AKELCO replied that ‘consumption is registered accurately and the error is with AKELCO.”
Amidst these errors, AKELCO failed to correct its mistake…even offer an apology, Ibabao pointed out in his complaint.
Madyaas Pen contacted the top management of AKELCO and its lawyer but offered no comment as they have not received a copy of the said complaint yet.
ORINDA and Dr. Ibabao are represented by their legal counsel, Atty. Nelson A. Loyola of San Pedro, Laguna. /MPmailto:madyaas_pen@yahoo.com
“For recovery of sum of money and damages”, Dr. Florentino Ibabao filed Civil Case No. 7499 with the Regional Trial Court, Kalibo, Aklan. Dr. Ibabao petitioned the court that after trial, “judgment be rendered ordering defendants (AKELCO) to pay plaintiffs (ORINDA and Dr. Ibabao) the following: 1. For moral damages – P200,000; 2. Exemplary damages – P20,000; and 3. Actual damages – P400,000. In addition, Dr. Ibabao is asking for P50,000 attorney’s fee plus P5,000 appearances fees per appearance and P35,000 litigation expenses.
ORINDA, a holding company, is represented by Dr. Ibabao in his capacity as president and chairman of the Board of Directors. Ibabao is also the majority stockholder of ORINDA.
According to the complaint, ORINDA, a franchise of Jollibee Foods Corporation, is a buyer of electricity from AKELCO with Account No. 01 – 0196 – 0014. However, on June 12, 2003, for no valid or lawful reason AKELCO disconnected, cut and discontinued the power supply “to Jollibee” without legal justification and demanded from (Dr. Ibabao) the payment of …P608,002.16 as a condition for the reinstallation of the electric power supply;…the sudden and unceremonious disruption of the business…, discomfort, inconvenience, AKELCO caused its staff and the customers…(Dr. Ibabao) was coerced into complying with…demands of (AKELCO)… “ to continue its business operations.
To recall, the disconnection of electricity at Jollibee, Poblacion, Kalibo happened in the afternoon of June 12, 2003. In his complaint, Dr. Ibabao alleged that some of employees led by Ms. Neny Toriano who announced in the presence of many people, including the members of media, that AKELCO “will cut off the electric supply and disable the meter.” The complaint added, “she falsely accused the (Dr. Ibabao) of having tampered the electric meter in order to steal electric energy from (AKELCO).”
Dr. Ibabao denied the accusation and requested that he be allowed to explain but his “pleadings fell into deep ears. “In plain public view and amidst the rejoicing of the employees of the (AKELCO) as well as media people and the audience of the (AKELCO) gathered to witness the removal of the electric meter, (AKELCO) agents and employees removed the meter and disconnected the power supply to the establishment of (Dr. Ibabao).”
The power supply was restored after talking to some AKELCO top officials who imposed the condition as follows: 1. Pay P10,000 cash; 2. A check pay to AKELCO for P353,002.16; and 3. Dr. Ibabao left his Honda Civic car with AKELCO which can be taken back after the check is honored by the bank.
According to the complaint, “AKELCO has its pre – arranged scheme…to media hype in its propaganda to humiliate…; AKELCO caused the false and malicious publicity through broadcast and print media running for almost one month purveying the derogatory information that (Dr. Ibabao) stole electricity.”
After power was restored to Jollibee, the meter box was locked and secured. The volume of electric consumptions after the power restoration were compared with the previous consumptions before the disconnections leading to the conclusion that there was no tampering of whatsoever happened.
To correct the information that happened on June 12, 2002, Dr. Ibabao requested on July 7, 2003 for calibration to find out if tampering of meter really occurred caused by Dr. Ibabao. On July 16, 2003, Mr. Erico Bucoy, of AKELCO replied that ‘consumption is registered accurately and the error is with AKELCO.”
Amidst these errors, AKELCO failed to correct its mistake…even offer an apology, Ibabao pointed out in his complaint.
Madyaas Pen contacted the top management of AKELCO and its lawyer but offered no comment as they have not received a copy of the said complaint yet.
ORINDA and Dr. Ibabao are represented by their legal counsel, Atty. Nelson A. Loyola of San Pedro, Laguna. /MPmailto:madyaas_pen@yahoo.com
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