Vol. 35 No.105
       ©2007 Marianas Variety
Thursday, August 9, 2007 www.mvariety.com
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Ex-customs agent files new complaint, seeks $20M in damages

By Cherrie Anne E. Villahermosa
Variety News Staff

THE former customs agent who sued the Department of Finance and its secretary in April for wrongful termination, has filed another complaint, this time against the Division of Customs Service and its director, warrant officer and investigator and an Attorney General’s Office investigator.
Manuel T. Vilaga is seeking $20 million in damages.
He filed his complaint in Superior Court on Thursday against the Division of Customs and its then-director John Jay Santos and then-assistant director Freddie DLG Guajardo, Warrant Officer Anthony B. Blas; Custom Investigator Unit Officer Dennis M. Reyes, the Department of Finance and AGO investigator Frank Kapileo.
Vilaga filed six causes of action against the defendants: malicious and illegal imprisonment, intentional infliction of emotional distress, negligent emotional distress, violation of civil rights under the CNMI Constitution, slander or defamation and punitive damages.
Vilaga’s complaint stated that the defendants’ actions for malicious prosecution, malicious and illegal imprisonment, double punishments of four days suspension and four days malicious and illegal imprisonment are “outrageous and oppressive.”
According to the complaint, the defendants’ “outrageous, malicious and intentional conduct shocked the conscience of the plaintiff and caused him physical symptoms, lack of sleep, lack of appetite, and led to the need to seek medical attention for pain and suffering.”
The complaint stated that the defendants’ conduct caused “severe anxiety that continues to this date, making him constantly apprehensive and fearful that he will not be able to secure employment and consequently have no means by which to support himself and his family.”
The complaint added that “as a result of malicious statements reaching the TV and news and the Web site Yahoo search in the Internet, the plaintiff’s moral character was damaged and the defendants’ false statements and malicious conduct caused the plaintiff to become unable to procure employment in the government or private businesses.”
Vilaga is seeking general, consequential and compensatory damages to include damage caused by malicious prosecution and malicious and illegal imprisonment in the amount of $20 million.
The plaintiff is also seeking reinstatement with promotion and a salary increase for three consecutive years of exceptional ratings pending or disapproved by the Department of Finance due to this case.
Also, an order granting a permanent injunction enjoining the defendants, its officers, successors assigns and all person in active concert or participation with it from engaging in harassment based on national origin and age and any other employment practice which discriminates on the basis of national origin and age.
Vilaga is likewise seeking an order requiring the defendants to make plaintiff whole by providing compensation for past and future non-pecuniary losses caused by the unlawful conduct, including pain and suffering, emotional distress, indignity, loss of enjoyment of life, loss of self-esteem and humiliation and for punitive damages and pre-judgment interest, attorney’s fees and cost of suit and other related court cost spent in defense of Vilaga in his criminal case.
Vilaga in April sued the Department of Finance and then-Secretary Fermin M. Atalig for failing to comply with the agreement that he and the department entered in 2005 which stated that “in the event charges are dismissed or you are found not guilty, you will be reinstated with benefits and retroactive pay to the date of suspension.”
Vilaga was charged with bribery, theft by deception and extortion on Nov. 12, 2004.
On Aug. 2, 2005, the Superior Court dismissed all criminal charges with prejudice.