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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 Generals 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.
Vilagas 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 plaintiffs
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, attorneys
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.
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