REPUBLIC OF THE PHILIPPINES

NATIONAL LABOR RELATIONS COMMISSION

7TH DIVISION
CEBU CITY

ALVIN V. ALCONTIN, NLRC Case No. VAC-11-000684-

Complainant-Appellant, 12
RAB CASE NO. VII-05-0720-12
- versus –
-
PEPSI COLA PRODUCTS PHILIPPINES,
Respondent-Appellee.
X----------------------/

MOTION FOR RECONSIDERATION

COMPLAINANT-APPELLANT, by the undersigned counsel, most

respectfully states moves for the reconsideration of the Decision of the Honorable
Commission dated February 22, 2013, which was received by the undersigned
counsel on March 21, 2013, thus:

1. With all due respect, the Honorable Commission erred when it ruled as
follows, to wit:

“On the other hand, the doctor’s affidavit providing that

complainant has ulcer and dyspepsia, for which he was prescribed ranitidine
and omiprazole, while executed only on 25 July 2012, is backed up by a
prescription and findings both dated 9 September 2011. Be that as it may,
not much credibility can be accorded to these documents, as complainants
himself attested during the administrative investigation that he did not
consult any doctor prior to his 20 September 2011 drug test.”

2. With all due respect, the Honorable Commission is missing the whole
point. The affidavit of Dr. Jonah Maja Damazo was presented to prove that indeed
the drug test conducted by the respondent-appellee is not conclusive evidence to
prove that complainant was using illegal drugs. The Affidavit of Dr. Jonah Maja
Damazo was presented in order to prove that there is a possibility that a person may
be declared FALSE POSITIVE RESULT when subjected to drug tests because such

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person took a drug such as RANITIDINE (RAXIDE) prior to such drug testing.

3. The affidavit of Dr. Jonah Maja Damazo , which was attached to

complainant-appellant’s Position Paper serves as her direct testimony. It is in the
nature of a testimony of a witness which should be given respect. More specially so
since the respondent-appellee never presented any evidence whatsoever to
contradict the Affidavit of Dr. Jonah Maja Damazo. What the respondent-appellee
could have done is to submit evidence to contradict Dr. Jonah MAja Damazo.

4. The issue here is not whether the complainant-appellant was issued a

prescription by a physician before he took RANITIDINE (RAXIDE), the issue here is
whether or not the result of the drug tests conducted by respondent-appellee is
conclusive.

5. As shown by the affidavit of Dr. Damazo, it would appear that the results
of the drug tests conducted by respondent-appellee is NOT CONCLUSIVE, and
therefore, there is a need to reconsider the Decision dated February 22, 2013.

PRAYER

Wherefore, premises considered, it is most strongly prayed of this Honorable

Commission to reconsidered its decision dated February 22, 2013, to reverse, annul
and vacate the Decision dated September 4, 2012 and in lieu thereof, order for the
reinstatement of the complainant-appellant Alvin V. Alcontin and to grant
complainant-appellants money claims.

Complainant-appellant prays further for such other reliefs and remedies

consistent with law, justice and equity.

Most respectfully submitted.

Cebu City, Philippines, April 1, 2013.

DINOPOL MALAYA ORCULLO & SANDOVAL LAW OFFICE

Counsel for the Complainant -Appellant

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 Room 402 G.K. Chua Building
Sancianco Street, Cebu City
Tel. No. 418-4448

By

ATTY. FRANCIS GEORGE F. DINOPOL

Roll of Attorneys Number 50084
PTR No. 2683515, 01-18-2013 Cebu Capitol
IBP No. 910273, 01-18, 2013, Cebu Chapter
MCLE Compliance No. III-0014596

Copy furnished:

The Clerk of Court

3rd Municipal Circuit Trial Court
Medellin, Cebu

NOTICE

To: The Receiving Clerk

NLRC 7TH Division
Cebu City

Please submit the foregoing motion for the consideration of the Honorable
Commission immediately upon receipt hereof.

Thank You.

Atty. Francis George F. Dinopol