Department store, 3 ex-workers sued
By Gerome M. Dalipe
Saturday, June 29, 2013
VICSAL Development Corp., the operator of Metro Gaisano Colon, is facing a P14.5-million damage suit for the death of shopper Mario Alfie Ducayag last April 12.
Ducayag’s mother Fe Soledad also included in the civil case for moral and exemplary damages the store’s former chief security officer Mauricio Doblados Jr., former security camera operator Jeffrey Aquino and former house detective Melvin Boyles.
“The gross negligence of defendants was the efficient and proximate cause of plaintiff’s suffering,” read the complaint prepared by Fe Soledad’s lawyer Wendell Quiban.
Metro Gaisano spokesperson Cerwin Eviota said the store management is ready to face the case in court.
Awaiting summons
“We will respond (to the case) after we receive the summons together with the copy of their complaint,” said Eviota in a text message to reporters.
The 23-year-old victim was accused by the store’s security personnel of stealing a pair of slippers last April 12.
However, his family insisted Ducayag already paid for the items as indicated in the cashier’s machine.
He went to the store to buy diapers, biscuits and milk for his two children that time.
While he was questioned inside the security office, the victim reportedly collapsed and started frothing in the mouth. He died minutes later.
Dr. Nestor Sator, medico-legal officer of the PNP Crime Laboratory 7, concluded in his autopsy report that Ducayag died of asphyxia due to bleeding pulmonary tuberculosis.
Asphyxia is the lack of oxygen or excess of carbon dioxide in the body.
But Dr. Rene Cam, medico-legal officer of the National Bureau of Investigation (NBI)
7, in his autopsy report, said Ducayag died from traumatic neck injuries, suggesting foul play was involved in his death.
Last June 6, the NBI 7 filed a murder complaint against Doblados, Aquino and Boyles
before the Office of the Cebu Prosecutor’s Office.
Implicated
They allegedly killed Ducayag inside the mall’s security office last April 12.
In the damage suit, Quiban said Boyles committed gross negligence when he immediately brought Ducayag to the security office, where the victim was allegedly beaten black and blue.
Doblados was also negligent when he immediately investigated and ordered the handcuffing and mauling of the victim, said Quiban.
Aquino also acted with gross negligence and fault when he immediately handcuffed and mauled the victim to death inside the security office, the lawyer said.
The store management was implicated in the suit for allegedly being negligent in selecting and supervising its employees.
Quiban also filed a petition asking Regional Trial Court Branch 17 Judge Silvestre Maamo to declare the complainant an indigent litigant so she will be spared from paying filing fees that amount to P386,500.
Source:
Department store, 3 ex-workers sued for shopper