Republic of the Philippines

Department of Justice
OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
3rd Floor, MWSS Administration Building
Katipunan Road,Balara, Quezon City

LUNG CENTER OF THE PHILIPPINES,

Complainant

-versus- ADMIN CASE No. 2012-002

For Less Grave Sexual Harassment

JONATHAN D. ROARING,
Defendant

x-------------------------------------------------x

MOTION FOR RECONSIDERATION

COMES NOW, the defendant, through the undersigned counsel, unto this
Honorable Office moves for the reconsideration of the decision dated November 14,
2012, copy of which was received by him on the following grounds:

1. The following findings and conclusions in the decision are not supported by

evidence. To wit:

1. “LCP’s evidence clearly established that Roaring committed

the charge of less grave sexual harassment when he made a

series of malicious, lurid and with sexual overtone statements

which tend to malign, demean, and put Palencia in a very

embarrassing and humiliating situation in the workplace with

her co-workers’ hearing. Statements uttered by Roaring like

“siya lang naman ang naligayahan eh” and “Bakit di mo ako

magustuhan Pia, kunyari ka pa ang dami na say o nakagalaw,

and dami tattoo ka ka babae mo na tao. Hoy, Pia mag Sogo

Hotel tayo”. The decision rendered was based solely on the

 complainant charge without considering the testimonies of the

defendant witnesses; (Thelma Hernaez, Dann Carlo Leyva and

Lourdes Navarro).

2. That respondent is very willing to embrace and abide the decision

of this Honorable Office, however we found out that the said decision was

rendered on the basis of rumor mongering. Based on its decision which states

that; “ The mere thought that other employees in LCP also heard and were told

such malicious remarks makes Palencia very depressed to the extent that she was

hurt and teary eyed”. The said decision failed to established and proved that all

statements that were heard by the co-workers of Palencia are the truth of the fact

ant not pure rumors. It is a well settled ruled that nasty rumors are purely

hearsay and cannot be given any due credit thereto. There must have clear and

convincing evidence that will support to the said statements.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Office that the

decision be reconsidered and set aside and new ordered in favor of herein defendant, to

the end that the complaint be dismissed.

Defendant further prays for such other reliefs as may be just and equitable in the

premises.

City of Manila for Quezon City, December 3, 2012.

 TAN FRUELDA LEYNES LAW OFFICES
No. 282 Aguado Street, San Miguel, Metro Manila

By:

ANDREA A. TAN
IBP No. 718577lLifetime/Rizal
PTR No.3180083/January 5, 2012/Makati City
Roll No. 54610
MCLE Compliance No. III-0002301/Feb. 16, 2009
Email address: aendreiia@yahoo.com
Contact No. 09176230063

Copy Furnished:

Legal Service
Civil Service Commission
Constitution Hills, Batasang Pambansa Complex
Diliman, Quezon City

Jose Luis J. Danguilan, M.D

Executive Director
Lung Center of the Philippines
Quezon Avenue Extension, Quezon City

GCA Jeremy I Wan

Prosecutor
3rd Floor, MWSS Administration Buiding
Katipunan Road, Balara, Quezon City

Pia Ashley Palencia

Lung Center of the Philippines
Quezon Avenue Extension, Quezon City