|PROPERTY LAW | ATTY.

GASGONIA 10

US v. Carlos Whether or not electrical energy may be stolen?

21 Phil 553 Ruling:

Topic: Electricity
Facts:
Ignacio Carlos is a customer of MERALCO for a building
with 30 electric lights. The representative of MERALCO
had doubts regarding the actual consumption of electricity
by Carlos. The MERALCO representative installed
another meter outside the building in order to compare
the 2 meters. The first meter, located inside the residence
of Carlos, reads 218 kilowatt hours while the newly
installed meter outside the building reads 745 kilowatt
hours. After a few days, the meters were read again, the
meter inside read 968 kilowatt hours while the one
outside read 2,718 kilowatt hours. According to the
representative, the disparity between the readings cannot
be because of a simple fault in the meters. MERALCO
asked the court to issue a search warrant. Inside the
building, near the first meter, a “jumper” was found.
Ignacio Carlos was charged with larceny.
Yes! By using a “jumper” the electricity consumed by
Carlos’ building does not pass through the meter which
measures the current used thus depriving MERALCO the
electric current and profit. The assertion that only
corporeal things may be subject to larceny cannot be
upheld. The true test of of what is a proper subject of
larceny is not whether the subject is corporeal, but
whether it is capable of appropriation by another than the
owner. Electricity is a valuable article of merchandise
bought and sold like other personal property.
Conclusion:
Ignacio Carlos is guilty of larceny. Electricity, although
intangible or incorporeal, because of its intrinsic value
and property, it is considered personal property which
may be subject to larceny.

Carlos’ arguments:
• violation of due process
• lack of jurisdiction
• MERALCO consented in the taking of electricity
• the “jumper” was planted by the representatives of
MERALCO

• Electrical energy cannot be stolen

Issue:

(GO1) 2017-2018