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Cebu News

Ducayag’s mom asks for additional P100T in damages

Mylen P. Manto - The Freeman

CEBU, Philippines - The mother of Mario Alfie Ducayag, the man who was accused of shoplifting and allegedly mauled to death by security officers of a downtown mall, filed an amended complaint before the court to ask for P100,000 in actual damages.

Fe Soledad, through lawyers Wendell Quiban, Edson Olis and Alvin Prandy Canta filed the amended complaint against Viscal Development Corp. and three others before the Regional Trial Court (RTC) Branch 23.

“That plaintiff spent P100,000, more or less, incidental to her son’s untimely demise, such as, but not limited to, the coffin, burial lot, snacks during the wake and interment and the prosecution of the cases against those responsible,” the amended complaint stated.

Fe Soledad said she failed to include in her original complaint her expenses during the burial of his son.

Instead, she said she only asked for P5 million in moral damages, another P5  million in exemplary damages, P4.5 million in contingent attorney’s fees and P5 million in damages for quasi-delict.

Aside from Viscal Development Corporation, owner of Gaisano Metro, other named defendants were Mauricio Doblados Jr. Jeffrey Aquino and Melvin Boyles, former security personnel detailed at the mall.

Doblados, Boyles and Aquino are also facing murder complaint which is still pending before the Cebu City Prosecutor’s Office.

In her complaint, Fe Soledad said it was around 9 p.m. on April 12, 2013 when she was informed that her son died of seizures. This was supported by an autopsy report conducted by PNP medico-legal officer Dr. Nestor Sator citing the cause of death was asphyxia due to bleeding pulmonary tuberculosis.

Surprised of the findings, Fe Soledad said their family asked for a second opinion.

“Extremely doubtful of the autopsy report of Dr. Sator, plaintiff caused the National Bureau of Investigation (NBI)-7 to conduct a re-autopsy on her cadaver’s son.

The result of the re-autopsy conducted by Dr. Rene Cam of NBI was exactly the opposite of Dr. Sator’s autopsy report. This time around, the cause of death was traumatic injury of the neck,” she narrated.

The investigation conducted by the NBI revealed that the victim went to counter 7 of the establishment and asked for his lost receipt for a pair of Sandugo slippers.

Supervisor Jovelyn Magdadaro then called Boyles to view the CCTV to verify if Mario Alfie indeed paid the item.

However, Fe Soledad said instead of viewing the CCTV, Boyles brought Mario Alfie to the security office and there, her son was handcuffed and mauled, based on the death certificate.

With that, she said, the defendants violated the protocol of the establishment in apprehending suspected shoplifter. Because the incident happened inside the security office of  Gaisano Metro Colon, Fe Soledad said they include the establishment in the complaint.

“That 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 stated.

Cerwin Eviota, spokesperson of the Gaisano Metro, could not be contacted for comment. — (FREEMAN)

BOYLES

BOYLES AND AQUINO

CEBU CITY PROSECUTOR

CERWIN EVIOTA

COMPLAINT

DR. NESTOR SATOR

DR. SATOR

FE SOLEDAD

GAISANO METRO

MARIO ALFIE

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