Davao Light and Power Co., Inc. vs. Hon. Cristeto Dinopol

GR. No. 75195
August 29, 1988

Facts: On July 31, 1984, rivate respondent Abundio T. Merced doing business under the name and style of southern Engineering Works, filed an action in the trial court for damages with preliminary mandatory injunction against petitioner Davao Light and Power Co., Inc., for abruptly disconnecting his electric meter as a result of which he suffered moral damages, loss of business and credit standing, and loss of profits. On Dec. 11, 1985 and Jan. 27, 1986, petitioner filed a motion and supplemental motion, respectively, to require rivate respondent to pay additional docket fees on his qualified claims for damages. On Feb. 14, 1986, respondent Judge Dinopol denied two motions to require private respondent to pay additional docket fees. Upon motion for reconsideration, four months had elapsed without respondent judge resolving the same. Hence, this petition.

Issue: (1) WON the respondent judge committed grave abuse of discretion.
(2) WON Abundio Merced should be awarded damages.

Ruling: Petition Granted
Ratio:
(1) When respondent judge refused to order the re-assessment, he committed grave abuse of discretion. He acted in contravention of Rule 11 of the Interim Rules of court which was laready in effect when the complaint for damages was brought before his sala. Such actuation calls for the corrective writ of certiorari.
(2) Merced should specify the amount of damages being sought, not only in the body of the pleading but also in the prayer, or his action will be dismissed.

*Dre