Yanson Feud – Causings wento to court-12

By Modesto P. Sa-onoy

 

After absorbing and standing firm against all the terroristic methods used by Olivia Yanson’s lawyers, Nico finally went to our judicial system to seek redress. Staying in the apartment is now beside the issue. It is the despotic methods that Olivia used that Nico apparently abhorred.

Thus, considering the shocking incidents that he and his family had to undergo, Nico Causing filed a criminal case before the Bacolod City Prosecutor’s Office where he believed he will find justice. He charged “the respondents, ATTYS. JULIANA B. CARBON, ROLAND JUN PUGOY, MARILYN M. LOPEZ and several other unnamed respondents designated as JOHN and JANE DOES, who are all Filipinos and of legal age for conspiring, cooperating, and abetting in the commission of the following crimes.”

The John and Jane Does are the personnel of Baciwa and Ceneco who took an active part in the disconnection of the water and power supply to the apartment. Although not mentioned by name they were captured by photographs in the act of disconnecting the water or power supply to the apartment. They will be eventually named.

Nico’s complaint further charged the respondents of having “conspired and confederated with each other in unlawfully disconnecting Complainants basic and essential water and electricity lines to compel the Causing Couple and their one-year-old son to leave the Unit.”

The complaint cited the reason behind their ordeal. “With the Couple out of the Unit, respondents can now deliver it to their endeared OVY without having to undergo the tedious process of filing an Ejectment case and securing the proper court order to evict the Causings.” But whether he is there or not, the alleged crime had been committed.

Nico likewise charged the respondents of committing “other acts of abuse penalized under Section 10, paragraph (a) of Republic Act 7610”, arguing that “the inhuman and illegal acts of respondents in disconnecting Complainants’ essential water and electricity connections situate them in direct violation of R.A. 7610 or An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violations…”

The Complaint further said, “Respondents should be indicted for committing ‘other acts of abuse’ penalized under Section 10, paragraph (a) of R.A. 7610 for doing ‘any other acts of child abuse, cruelty or exploitation or be responsible for other conditions prejudicial to the child’s development.” 

 

The complaint pointed out: It does not require so much to figure out that respondents’ senseless and illegal acts, directly and conclusively, endangered the life, safety and well-being of Complainants and their one-year-old Syrus.”

Nico called attention to the fact that “these imminent and grave threats on the life and safety of Syrus were aggravated and compounded by the fact that these illegal disconnections were conducted in the midst of a virulent pandemic; and what makes these awfully horrific is that the life and well-being of a one-year-old is being sacrificed in the altar of OVY to satisfy HER earthly lust by wrestling possession of the Unit from the Causings without the requisite court order.”

Strong words indeed and considering that the government, due to the pandemic had directed suspension of all disconnections.

To bolster Nico’s accusation of their “horrific experience” and for our legal education, the lawyers defined the “crime of grave coercion.” They said, “For grave coercion to lie, the following elements must be present: (1) that a person is prevented by another from doing what is not prohibited by law, or compelled to do against his will be it right or wrong; (2) that the prevention or compulsion is effected by violence, threats or intimidation; and (3) that the person who restrains the will and liberty of another has no right to do so, or in other words, that the restraint is not made under authority of law or in the exercise of any lawful right.”

Clear enough for a simple man to understand not only because these elements are embodied in our laws but also because they are fundamental in a democratic society. Sadly some highly educated people like Olivia Yanson and her lawyers and enforcers believe wealth granted them powers above the law and can run roughshod over the less endowed. The lawyer called it “lust”.

We continue November 12.