BY DOMINIQUE GABRIEL G. BAÑAGA
A martial law victim in Negros Occidental has won a case over a lawyer who helped him get his reparation claims from the country’s Human Rights Victims Board.
In a decision dated July 31, Judge Francisco Pando of Municipal Trial Court in Cities Branch 4 in Bacolod City dismissed the case for “collection of sum of money with damages” against Edmundo Diaz.
The case stemmed from the complaint that Atty. Rey Gorgonio lodged against Diaz and other martial law victims in Negros Occidental.
Gorgonio said Diaz and the other martial law victims won’t give him the 20 percent of their monetary award, as they agreed upon during the claims application.
“The claim for moral and exemplary damages is just ancillary to the principal cause of action of non-payment of plaintiff’s legal services under the contingency contract,” the decision said. “It arose from the defiance of the defendant to acknowledge his civil obligation to the plaintiff which is further evidenced by the alleged commission of the illegal acts enumerated in the complaint.”
“Hence, in the instant case, the sums of money representing the claims for moral and exemplary damages should not be considered in determining the court’s jurisdiction,” it added.
Diaz is among the 30 martial law victim in the province who earlier aired a complaint against Gorgonio who they said was forcing them to pay him for his rendered services.
The victims said they received threats from individuals who claim to be working for Gorgonio.
They insisted that they have not signed any agreement with Gorgonio, adding that the only person who transacted with him is Lily Climaco.
The victims added that they had paid Gorgonio P1,200 to P1,500 for his notary services.
Gorgonio has also filed libel charges against Diaz and his group before the Bacolod City Prosecutor’s Office.
Gorgonio said their allegations against him destroyed his profession as a lawyer./DGB, WDJ