REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF LABOR AND EMPLOYMENT

PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION
BFO Building, Ortigas Avenue corner EDSA
Mandaluyong City

ATTY. JERES
Hearing Officer

OSCAR D. DELA CRUZ,

Complainant,

-versus- POEA CASE NO. 10-10-1120

RENATO I. EVANGELISTA,
Respondent.
x ------------------------------- x

ANSWER

COMES NOW RESPONDENT RENATO I. EVANGELISTA

(“respondent” for brevity), unto this Honorable Court, most

respectfully submits the instant Answer, and in support thereof avers:

That --

1. The allegations in paragraph 1 as to respondent’s personal

circumstances are ADMITTED but DENIED as to the charges of

Assaulting an Officer and Insubordination.

2. The allegations in paragraph 2 as to respondent’s act of

asking complainant as to how the latter’s wife came to know of the

cellphone number of respondent’s wife are ADMITTED but DENIED as

to the rest of the allegations, subject to respondent’s special and/or

affirmative defenses hereunder set forth.

 3. The allegations in paragraph 3 as to the meeting with the

captain are ADMITTED but DENIED as to the rest of the allegations,

subject to respondent’s special and/or affirmative defenses hereunder

set forth.

4. The allegations in paragraph 4 are DENIED for lack of

knowledge and information sufficient to form a belief as to the truth

thereof.

5. The allegations in paragraph 5 are DENIED, subject to

defendants’ special and/or affirmative defenses hereunder set forth.

6. The allegations in the second paragraph 6 are DENIED,

subject to defendants’ special and/or affirmative defenses hereunder

set forth.

SPECIAL AND/OR AFFIRMATIVE DEFENSES

The foregoing averments are hereby repleaded to form part and

parcel hereof insofar as they are applicable. Thus, respondent further

alleges by way of special and/or affirmative defenses that:

Complainant is not telling

the truth.

7. Complainant fabricated his statement of facts in order to

make it appear that respondent committed the acts complained of.

However, the true state of facts are as what was reported by

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respondent to their home office after the incident, a certified true copy

of which is hereto attached and marked as Annex “1” to form an

integral part hereof.

Respondent is not
complainant’s
subordinate.

8. Contrary to complainant’s contention, respondent is not

complainant’s subordinate. While complainant is the head of the

engine department as the Chief Engineer, respondent belongs to the

deck department, which is headed by the Chief Mate. Hence,

complainant’s accusation of Insubordination is further weakened by

reason thereof.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Office that, after due notice and hearing, the

instant complaint be DISMISSED for utter lack of factual and legal

basis and for being a mere tool for harassment against respondent.

OTHER RELIEFS, just and equitable under the premises, are

likewise most respectfully prayed for.

RESPECTFULLY SUBMITTED. Bauan, Batangas for

Mandaluyong City, __ November 2010.

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 RENATO I. EVANGELISTA
Respondent
No. 200 Durungao, Bauan, Batangas

EXPLANATION

A copy of the foregoing Answer is being served through

registered mail due to lack of sufficient manpower to effectuate the
preferred mode of service.

Copy Furnished:

OSCAR D. DELA CRUZ

Complainant
Block 11 Lot 15 Treelane 8 Subdivision
Acacia Drive, Bayan Luma
Imus, Cavite

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 VERIFICATION

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF BATANGAS )
______________________ ) SS.

I, RENATO I. EVANGELISTA, of legal age, Filipino, married and

with postal address at No. 200 Durungao, Bauan, Batangas, after
having been duly sworn to in accordance with law, hereby depose and
state: That--

1. I am the respondent in the above-entitled case;

2. I caused the preparation of the foregoing Answer; and

3. I have read all the averments contained therein and the

same are true and correct based on my own personal
knowledge and belief, and as culled from pertinent
records.

IN WITNESS WHEREOF, I have hereunto set my hand this ___

day of November, 2010 in _____________________.

RENATO I. EVANGELISTA
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

November, 2010 in _____________________, affiant exhibiting to me
his CTC No. __________________ issued in ________________ on
_________________.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2010.