Yanson feud – Causings went to court-4

By Modesto P. Sa-onoy

In the midst of the Yanson family disagreements, other persons who could have been spared the stray bullets of the Yanson conflict, got into the crossfire by following the orders of Olivia Yanson. Unfortunately for them, they probably thought that by using Olivia’s bully tactics they won’t get hit. After all, Olivia appears invulnerable with her wealth and connections. It would not be difficult to even suspect that they wanted to please her and fall under her good graces and what benefit they could get.

So, they threw prudence out into the mud and now they are facing criminal charges of child abuse and grave coercion and intimidation because the “small guy” Nico refused to be cowed. It is expected that Marilyn Lopez and Roland Pugoy would follow orders because they are under the employ of Olivia Yanson, but Atty. Juliana Carbon is the manager of Baciwa and not a Yanson employee rather a civil service employee.

I was surprised why she was there because it was a water disconnection case and a general manager does not go around the city to supervise this ordinary job. She must have a very good reason to personally ensure compliance of the disconnection, but can’t this be relegated? Was it to impress Olivia? For what?

Anyway what is done is done and Atty. Carbon will have a chance to explain the unusual. In fact, she may have to explain not only to the court in this case but also to the Ombudsman.

What are the particulars of the Causing complaint?

The charge said in this case, “the criminal perpetrators” disconnected the water supply “despite having been fully and distinctly informed that the Couple have recently paid their water bills religiously and on time and that their one-year-old firstborn baby, Syrus Pierce F. Causing is living with them in the Unit and that cutting off their water connection would endanger his life and compromise his safety.”

This case is relevant for all Bacolod concessionaires because if the couple had paid their bills “religiously” why was their water connection cut off? I believe that as long as the bills are paid, the supply cannot be disconnected. There is buyer-seller contractual relationship in this and more so because Baciwa is not only a public utility but a government corporation.

There are causes for disconnection, among which are the unpaid water bills and pilferage and procedures to comply as proper notice. From the complaints the Causings had paid their bills and there is no proper notice. On the other hand Baciwa disconnection team simply swooped down on the Causing residence and despite protests and without showing proof of violations, proceeded to cut off water connection.

The presence of Lopez and Pugoy can only be understood to be an insurance that this public utility complies with their instructions. From whom? We presume that Baciwa received orders presumably directly from Olivia or through her enforcers.

Still we ask: on what basis did Baciwa follow the orders of Lopez and Pugoy? I doubt that Olivia would personally go to Baciwa. Either way, why would this public utility act promptly and with disregard for procedure? Was there pressure? If so, of or with what?

We can only surmise that Baciwa acted on the claim of Olivia or her enforcers of Olivia’s ownership of the apartment. Still the action of the Baciwa is puzzling because a little consideration should have been made to inquire about the status of the Causings’ occupancy. Are they squatters in the apartment?

I suspect that Baciwa acted merely on the representation of Lopez or Pugoy without checking on the facts. The reason for this suspicion is that the Causings were caught unaware. Like everyone else, they did not think their water supply would be terminated because they paid their dues. Failure to pay is a reason for disconnection but not questions of ownership which is beyond the competence of Baciwa.

It seems that Baciwa’s arbitrary action was without consideration of its victim’s health and needs for water. Was it impossible for the Baciwa team, headed no less by its manager who is a lawyer, to give an inch to the Causings? Are they so beholden or afraid of Olivia that they promptly obeyed?

We continue tomorrow.