Jeweler files case vs Mayor Radaza

CEBU, Philippines - A woman who sells jewelry has filed a case in court in order to demand payment of P1.3 million from Lapu-Lapu City Mayor Paz Radaza.

But the mayor considers the case as “malicious” and has asked her lawyers to look into it.

Virginia Arnibal of Andres Abellana Street, Cebu City filed a case of sum of money and damages against Radaza for allegedly refusing to pay her balance despite repeated demands.

“On July 31, 2009, plaintiff sought the help of Atty. Michael Gatchalian to send a demand letter to defendant; another demand letter was sent by Atty. Inocencio dela Cerna on October 28, 2009; defendant however, has remained adamant and has refused to pay the balance of P1,326,100,” the complaint read.

Background

Arnibal said she knew defendant since way back in 1976 when Radaza was then employed at Far East Bank and Trust Corp. in Tipolo, Mandaue City.

The complainant was then working with Silver Marketing Corp., a depositor of the bank and Radaza was also one of her customers, who would buy jewelry.

Arnibal said that because of her trust of the defendant she did not document their transactions at first when Radaza started buying a few pieces of jewelry from her.

It was sometime in 2004 to 2008 when Arnibal decided to list the orders of defendant. As a sign of acknowledgement, she let Radaza sign the document as proof.

“Most of the transactions between plaintiff and defendant from year 2004 were done at the latter’s residence at Barangay Mactan, Lapu-Lapu City. Plaintiff delivered the pieces of jewelry to defendant’s house and whenever the latter made a payment, either in check or in cash, plaintiff personally went to defendant’s house to pick up the payments,” the complaint further read.

The complainant said that her daughter-in-law, Mardy Arnibal, even witnessed their transactions starting 2008.

It was on May 6, 2009, Arnibal said when she received the last check payment of defendant worth P125,000.

Then, Radaza still had an outstanding payable balance of P2,775,000.

Due to several demands via phone calls and through text messages, defendant returned some pieces of jewelry worth P1,448,900.

Arnibal, however, said that the jewelry that were returned were not the same pieces that she delivered to defendant.

Writ of preliminary attachment

In her complaint, Arnibal asked the court for the issuance of a writ of preliminary injunction against the defendant’s property.

“It is most respectfully prayed of this Honorable Court that pending hearing of this case, a writ of preliminary attachment be issued against the property of the defendant to serve as security for the satisfaction of any judgment that may be recovered herein.”

For the issuance of preliminary attachment, Arnibal said she is also willing to put up a bond.

Moreover, Arnibal asked the court to direct the defendant to also pay her P50,000 for litigation expenses.

Malicious

In a press statement, Mayor Radaza said she is saddened and angry at the same time that someone she considered a friend since 1970s had tarnished her name and family by filing a malicious case.

“All the while I thought when she accepted the items that I gave her in 2009, she already considered herself fully paid,” Radaza said.

The items that Radaza returned to Arnibal were valued more than what she claimed Radaza owed her.

The mayor said that it was in the 2010 elections when Arnibal went to the broadcast media with her false claim.

“I did not give much attention to it since I was fully convinced that I had settled whatever my dues and that the jewelries that I gave to her valued three times the amount of what she insisted that I owed her,” she said.

She said that now with the 2013 elections about to hit fever pitch, Arnibal is at it again.

“Di na ni mahimo pa-labyon kay extortion na ni ug pagtamay-tamay sa akong dungog. It is high time that her extortion activity should be stopped.” (I will not allow this to pass since this is extortion and an abuse to my good name…), Radaza said.

Radaza has ordered her lawyers to prepare the appropriate counter claim and counter charges. — with Ria Mae Booc/NLQ