By Modesto P. Sa-onoy
When I ended last Friday the presentation and discussion of the criminal case filed by Nico Causing against three principal characters in the case arising from the disconnection of his water and power supply, I expressed the hope that I could get a copy of the counter-affidavit of Atty. Juliana Carbon that I learned was already filed. I got a bonus – the counter-affidavits of the trio – Carbon, Marilyn Lopez and Atty. Roland Pugoy.
This is excellent because I would be able to compare the version of the three of the same incidents although I would not be surprised if they compared notes or the affidavits of Lopez and Pugoy were written by the same person.
The Bacolod City Prosecutor will have his own assessment within the parameters of law but we will have our own from the view of what is reasonable. The CPO will of course have the final say but not all things can be judged from the point of law because reason is often beyond and escapes the realms of humanly crafted laws and intentions. There is also a matter of public perception.
Basic to their defense is that the apartment leased by Perseus Causing for two years but occupied by his son Nico and his family is owned by Olivia Yanson although the contract is between Emily Yanson and Perseus who presently lives in the United States. As owner Olivia has the right to the property.
But is she the sole and absolute owner of the apartment? Is Emily Yanson a mere trustee and manager of this unit as the trio alleges? This belief hinges on the justification of Carbon, Lopez and Pugoy to enforce the will of Olivia. Whether their belief is real, a façade or drama to comply with the demands of Olivia or not, they are answerable eventually to the Final Judge. That includes Olivia.
We discussed the events in this avoidable case – the notices, warnings, the disconnections and the reactions of Nico and his family.
In her counter-affidavit, Carbon claims the request to disconnect came from Olivia in January 2020 for two apartments or townhouses. Procedurally she referred the task to her subordinates in charge of the disconnection since the water connections are in the name of Olivia. Baciwa was able to disconnect one but failed in the other, the unit occupied by Nico and his family who refused to comply with the demands of Baciwa because they are paying their water bills punctually and Baciwa did not show a court order.
She said the attempt to disconnect on January 4, failed because Nico “refused the disconnection and threatened the disconnectors that if they would pursue, a formal complaint will be filed by the alleged tenant.”
The Baciwa disconnection team backed off when “threatened with formal complaint” because it is clear the team carried no legal authority. People with a little common sense and conscious of their basic rights would refuse if they saw no legal basis for the disconnection. The Causings paid their bills on time, the only reason for disconnection and they had been occupying the apartment since April 2019 without any incident.
Carbon called the Causings as “alleged tenant”. How come she already judged that the Causings are not real tenants?
In her January 31 report to Olivia of the failure to disconnect one apartment, Carbon closed her letter, “we will implement the disconnection only as soon as you have arranged…,” then blank as if the succeeding words were erased, followed underneath by “Yours in the water service.” Surely one does not end with an incomplete sentence or unfinished letter and with a wide gap to the signature.
Carbon will implement once Olivia has “arranged”, what? The photocopy I used is the letter attached to her counter-affidavit. What arrangement did she wait for that it was not mentioned or even erased? Would it be incriminating?
Carbon claimed, “We did not implement the disconnection until the owner’s representatives, Marilyn Lopez and Atty. Pugoy provided them with access to water coming from some units also owned by Olivia V. Yanson. After about an hour and after we were assured that the family has access to water from another source, the BACIWA effected the disconnection quietly and peacefully.”
Continued tomorrow.
