CEBU, Philippines - Aside from the criminal complaint, the family of Mario Alfie Ducayag, the man accused of shoplifting a pair of sandals before he was found dead in the security office of Metro Gaisano Colon, is seeking damages.
Fe, the mother of the victim, filed a civil case for damages, moral damages, exemplary damages and others against Mauricio Doblados Jr., Jeffrey Aquino, Melvin Boyles and Vicsal Development Corp., owner of Metro Gaisano Colon.
Earlier, the National Bureau of Investigation-7 lodged a complaint for murder against Doblados, Aquino and Boyles before the Cebu City Prosecutor’s Office. The three were formerly assigned at Metro Gaisano Colon as security detail.
Ducayag asked for P19.5 million in damages representing damages for quasi-delict, moral damages, exemplary damages and attorney’s fees.
Based on the investigation conducted by the NBI, the victim went to Counter 7 of the establishment and asked for his lost receipt for a pair of Sandugo sandals.
Store supervisor Jovelyn Magdadaro called Boyles to view the CCTV to verify if Mario paid for the sandals, but instead of viewing the CCTV, Boyles brought Mario to the security office and handcuffed him allegedly upon the orders of Aquino. The victim was then mauled until he died, based on the death certificate.
NBI medico-legal officer Dr. Rene Cam earlier said the cause of death of the victim was traumatic neck injury.
Ducayag said the defendants violated the protocol of the establishment in apprehending a suspected shoplifter. Though the alleged shoplifting was not consummated, she said her son was brought to the investigation room and allegedly mauled.
She said they sought for damages because the incident happened inside Metro Gaisano Colon.
“When an injury is caused by an employee, the employer is presumed negligent in the selection and supervision of his employees under the principle of pater familias. That the liability of the employer under the principle of quasi-delict is solidary with the employee,†the complaint read.
“We will just have to face that in court. We will respond after we receive the summons together with the copy of their complaint,†said Metro Gaisano Colon spokesman Cerwin Eviota. (FREEMAN)