Metropolitan Waterworks and Sewerage System vs Act Theater, Inc.

(Art. 429)

GR No. 147076
June 17, 2004

FACTS

On September 22, 1988, four employees of the Act Theater, Inc. were apprehended by Quezon City
police force for violation of PD No. 401, as amended by BP Blg. 876 (PENALIZING THE UNAUTHORIZED
INSTALLATION OF WATER, ELECTRICAL OR TELEPHONE CONNECTIONS, THE USE OF TAMPERED WATER
OR ELECTRICAL METERS, AND OTHER ACTS)

On account of the incident, Act Theater, Inc.’s water service connection was cut off by MWSS, who owns
the utility providing water supply. Act Theater, Inc. filed a complaint for injunction with damages against
MWSS.

Act Theater, Inc. alleged in its complaint that MWSS acted arbitrarily, whimsically and capriciously, in
cutting off their water service connection without prior notice.

MWSS insists that in cutting off the Act Theater, Inc.’s water service connection, MWSS merely exercised
its proprietary right under Article 429 of the Civil Code.

ISSUE

Whether or not MWSS’s act of cutting the water supply of Act Theater, Inc. is justified by invoking Art.
429.

RULING

No. MWSS cannot invoke Art 429 to justify its act.

First, MWSS is merely a water supplier, and therefore they cannot invoke Art. 429. They only supply
water, and anybody can use water. However, if the use of water is not authorized in the sense that it
was stolen, such as tampering of water meter, then MWSS can file the proper action against the
employee.

Second, Art 429 should not be the law applied, because there was no actual or threatened unlawful
physical invasion or usurpation made by Act Theater, Inc. because the crime was already committed and
the employees of Act Theater, Inc. were already apprehended. In this case, MWSS unceremoniously cut
off the water supply only after the culprits committed the crime, not on the actual or impending
commission of the crime. MWSS can cut off the water but they cannot invoke Art. 429, as a defense for
the cutting off the water supply. They may use other law except Art. 429.