Aruba restaurant a no-show in CHR hearing August 22, 2006Posted by lagablab in Discrimination, lagablab alert!.
The owners of Aruba bar and restaurant did not appear in the hearing organized by the Commission on Human Rights (CHR) last August 17, 2006. Jasper Chua, Melinda Chua, Dominic Mendoza, Marionel Peralta, Lloyd Dizon, and Tin Tin Aguilar submitted instead an affidavit to the CHR stating that the “Complaint filed before the Regional Trial Court and the Complaint subsequently filed with this Honorable Commission by Mr. Borja involve the same parties and exactly the same allegations.”
The owners invoked the principle of sub judice and said that in order not to prejudice their defense in the court case, they reserve their answers to all the allegations of Mr. Christopher Borja for the Regional Trial Court.
Christopher Borja (aka Inday Garutay) did not file a complaint before the Commission on Human Rights. In fact, the subpoena sent out by the CHR clearly stated that the Commission is investigating the case motu proprio or on its own accord. CHR Special Investigators Maria Sio and Richard Laron also clarified during the hearing that the initiative is actually based on newspaper reports on the issue.
Contrary to the affidavit, the case before the Pasig City Regional Trial Court is distinct from the case initiated by the CHR. Civil Case No. 70883-PSG pertains to violations of the Civil Code, while CHR Case No. A6-105 seeks to address a case of discrimination on the basis of sex. Furthermore, the Pasig City RTC and the CHR have different mandates.
Inday Garutay gave a statement before Sio and Laron. Inday was accompanied by AKBAYAN lawyer Jae de la Cruz and Jonas Bagas of LAGABLAB.