Syquia vs Board of Power and Waterworks Case Digest

Syquia vs. Board of Power and Waterworks Doctrine: the additional electricity cost for common facilities facilities of the apartment building used by the tenants in common is purely civil in character !involving the conditions of lease between landlord and tenant" to be ad#udged under the applicable civil laws e$clusively by the regular courts of general #urisdiction and is beyond the #urisdiction of respondent board. %acts: Private respondents!&ui' respondents!&ui' (nrique' and )oses" filed a complaint to the Board of Power and Waterworks Waterworks charging Syquia their landlord of selling electricity without permit or franchise and billing them for amounts in e$cess of )eralco rates. Petitioner Syquia questioned the #urisdiction of the regulatory board!respondent" contending that she is not engaged in the sale of electric power but merely passes to the end*users their legitimate electric current bills in accordance to their lease contract.!basically contract.!basically contractual in nature ang meron siya sa tenant at pinapasa lang nya yung mga bills" &espondent Board in its re*computation allowed petitioner to charge respondents only the cost of electricity registered in their individual apartment meters and disallow the actual cost of additional electricity charged them  pro rata by petitioner for the cost of electricity consumed by all tenants in the common areas. +ence the petition. ,ssue: Whether or not the Board of Power and Waterworks Waterworks has #urisdiction. +eld:  -o.he Board Board of Power and and Waterworks Waterworks has e$ceeded e$ceeded its #urisdiction. #urisdiction. Petitioner Petitioner is not engaged engaged in a public service nor in the sale of electricity without permit or franchise. he complaint by the tenant give rise to a question that is  purely civil in in character that is to be ad#udged ad#udged under the applicable applicable provisions of the /ivil /ivil /ode !not the Public Service 0ct" 0ct" and not b y the respondent regulatory board which has no #urisdiction but by the regular courts of general #urisdiction.