By Modesto P. Sa-onoy
After laying out the provisions of law to back up the filing of criminal complaint of grave threats, coercion and child abuse, Nico’s lawyer argued that “all these elements are present in this particular case.”
The complaint summed up the facts. “Firstly, and due to the unlawful disconnection of Complainants’ vital water and electricity connections by respondents, the former were compelled to leave the comforts and safety of their Unit, clearly, against their will;
“Secondly, the manner with which respondents conducted their audacious illegal operations, accompanied by the deployment of a disproportionate number of entourages, complete with security guards and a vehicle of police escorts and the unmistakable presence of lawyers, which in the case of Baciwa, was accompanied by the utility company’s General Manager, who is a lawyer herself, creates in the mind of Complainants real, intense and well-grounded fear, as well as, the threat to their safety and well-being, particularly, their one-year-old firstborn son, Syrus;
“Moreover, respondents’ disconnection of the Couple’s all too important lifelines of water and electricity should, by themselves, be viewed and considered as a form of violence against the Causings;
“And, lastly, the disconnection of Complainants’ water and electricity lines, were not only devious and cruel, it was also obviously illegal as it was carried out on the Unit dwelt by the Couple and their first-born son without the requisite court order.”
We have discussed the perspectives of an ordinary person on the events and what clearly were directed by its instigator, Olivia Yanson in whose name her lawyers acted ferociously. Did not the officials of Baciwa and Ceneco allow themselves to be tools in this effort to illegally eject the Causings from the apartment and so become conspirators in the illegal actions?
The horrible experience of the young couple and their baby cannot be financially compensated because there is no valid and reliable measurement of the dreadful experience of the human emotion. Every man and woman have a different threshold of fear and horror but there are means, albeit inadequate to recompense the horrifying experience of the innocents.
Thus the lawyers, demanded compensation to at least satisfy a grievance no matter how small especially in the eyes of Olivia Yanson with her billions and millions of daily incomes.
The complaint said, that “due to the trauma, terror and horror experienced by Complainants due to the inhumane, illegal, intimidating and life-threatening disconnections by respondents, the Causing Couple and their one-year-old Syrus suffered sleepless nights, mental anguish, wounded feelings and other forms of moral, mental and actual damages, for which respondents should be held liable to pay the Complainants in the aggregate amount of FIVE MILLION PESOS (P5,000,000.00).”
Aside from this, the Causings demanded that “to set an example to others, who may be similarly inclined to follow, respondents should be made to pay Complainants, by way of exemplary damages, an amount, the determination of which, the latter will leave to the sound discretion of the Honorable Court.”
A pittance one might say of the demands of the Causing family from so wealthy an aggressor. Indeed the traumatic experience they had will be etched forever in their minds and even their baby when he grows up will learn how his life was almost snatched because of the anger of Olivia Yanson against her daughter Emily but they got hit instead. That will be a memory that the Causings will pass on when the name Olivia Yanson comes up. What an obnoxious memory!
The complaint is criminal so that the court may find it proper to enforce other penalties. But what is clear is that Olivia is free of any legal liability although she ordered the fiasco. The hirelings will bear it all.
Will Nico file a complaint against Ceneco and Baciwa before the Energy Regulatory Commission for violating the law about proper notice before any disconnection? Are Ceneco and Baciwa personnel liable under the Bayanihan Act passed to help people in distress during the pandemic?
Baciwa General Manager Juliana Carbon had filed her response. Maybe we can get a copy of it so we will know her side of the events.
How long will this case be resolved, nobody knows. The wheels of justice can grind slowly.
