George Morello_Affidavit Complaint (1)

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR TAGUIG CITY

GEORGE H. MORELLO, JR., Complainant

I.S.  No.________  No._____________ _______ __ FOR:VIOLATION OF SECTIONS RA No. 7877

-versus-

 MARIETTA  MARIETTA D. ROSARIO, ROSARIO,  ALEJANDRO  ALEJANDRO A. A. ROSARIO, ROSARIO, JR., JR., J.C. DEL ROSARIO, Respondents.

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

COMPLAINT-AFFIDAVIT I, GEORGE H. MORELLO, JR. , of legal age, American citizen, residing at Unit 4G, Kensington Place Condominium, 1st  Avenue cor. 29th  Street, Crescent Parkwest, Bonifacio Global City, Taguig City, after having been sworn in accordance with law, do hereby depose and state that: 1. The respondents, Marietta D. Rosario, Alejandro A. Rosario,Jr., and J.C. Del Rosario, are corporate officers of the Jaltar Corporation, the owner of a condominium unit located at Unit 16-I, Kensington Place Condominium. They may be served with notices at the corporation’s office address at No. 33

Mary St., Cubao, Quezon City. 2. On 26 October 2011, I entered into a Residential Lease Agreement with Jaltar Corporation, for the lease of its condominium unit located at Unit 16-I at Kensington Place Condominium. A copy of this Residential Lease Agreement (Agreement) is attached hereto as  Annex “A.”  The Agreement named myself and my nurse, Ms. Shiela Marie Yeso Doria, as the tenants of Unit 16-I.

3. Paragraph 11 of the said Agreement provides that the tenants shall keep the appliances provided by the Landlord (Jaltar Corporation)in good working order. It reads in part: 11. APPLIANCES I. Landlord will supply and maintain: Airconditioning Units, LCD Television Screen, Refrigerator, Burner Stove, Microwave Oven, Instant Water Heater for Shower. a. Tenant will keep appliances provided by Landlord in good working order and shall report any  malfunction to the Landlord  . xxx xxx xxx

4. As early as December 2011, during a meeting with Mr. Alejandro Rosario, Jr., I had already complained that the exhaust fan over the stove burners and the guest bathroom fan were not in good working condition. I was advised that outside help would clean or replace the same, but nothing was done thereto. 5. meeting

On 11 February 2012, I again requested for a in

Jaltar’s

office

but

nobody

bothered

to

send me a reply even to just reject my request; it was plainly ignored. In July 2012, I, on two (2) instances, complained about three (3) of the appliances provided by Jaltar, namely: the dryer, refrigerator, and microwave oven. I asked again if my lease could be extended for 1 November 2012, but still, no reply came from Jaltar’s end. 6.

My complaint was for the following:

a.The refrigerator had to be defrosted thrice in a week to prevent our food from spoiling. 7. Aside from his text messages, there were also instances when he would touch me, which made me feel disgusted. There were times when I felt really uncomfortable and even thought of resigning from work.

8. At one instance, Mr. Reyes sent me a text message asking me to go up to his office to hand him the Attendance Logbook, which I did. He started asking me questions on how to reprimand employees who always come late at work. After giving my answer, below is an accurate account of what happened next, Mr. Reyes: “Ja, ang ganda-ganda mo talaga, hindi   Me: “Sir, pinapahamak nyo ba talaga tayo pwede?”   po

ako

sa

ginagawa

nyo!

Nakakahiya

po

kay

Madame.” 

Mr.

Reyes:

“‟Wag mong isiping gagawin kitang kerida,wala namang makakaalam kung hindi mo sasabihin sa iba. „Wag mo kasi isiping iiwanan ko ang asawa at mga anak ko.”  Me: “Sir, hindi pa ho ba pagiging kabit ang  tawag dyan sa gusto nyong mangyari?”  Mr. Reyes: “Nasa isip mo lang kasi „yon! Kailangan ko pa bang lumuhod sa harap mo para  pumayag ka lang? Kasi kaya kong gawin yon, Ja.”  Me: “Sir, hindi po pwede dahil may asawa na po kayo at boss ko po kayo. Nakakahiya po kay madame yan.”  Mr. Reyes: “E kailan tayo magiging pwede?”  Me: “Kapag wala na po kayong asawa, sir.”  Mr. Reyes: “E imposible mangyari yun!”  Me: “Ayun nga po sir, IMPOSIBLE po kasi ang gusto nyo! Bababa na po ako.” 

9. Upon coming down and having returned to my desk, I received another text message from Mr. Reyes saying “Akyat ka ulit, may itatanong lang.”  I knocked on the door and was about to open the same when I was surprised that Mr. Reyes opened the door and he suddenly grabbed both my hands. I immediately backed away and hurriedly went downstairs. He was shouting  but I never looked back. “Ja, Ja,”  10. He then immediately sent me a text message saying, “‟Wag mo isiping ganon ako.”   I was literally shaking but I was able to manage a reply, “Hindi na  po ako aakyat dyan ng mag-isa lang!” 

11. Another instance was last 30 April 2013 in Center Stage, in the roundabout in Timog Ave., Quezon

City.

Mrs.

Reyes

informed

everyone

thru

text

that

there would be a sort of a “girls’ night out” videoke

for some bonding time with the company employees. Mrs. Reyes together with two other co-workers, Jasmine Pio and Florie Ann Escama, were already in the area, while me, Edward Paul Santos, Joanna Mary Cruz, respondent, and Tony, the company driver, followed after office hours. We rode the company van going to Center Stage. Aldrin Garcillano, another coworker, arrived later that night with his own car. 12. We finished around 12 o’clock we headed out to the company van to get others had gotten theirs first. I was for a paper bag containing my lunch Reyes suddenly appeared in front of “Sabay

na

kayo

kasi

dun

naman

si

midnight

and

our bags. The then reaching box when Mr. me and said,

Tony

dadaan

sa

  I said, “Sir, kay Aldrin na po kami sasabay bahay,”  was then when Mr. Reyes suddenly pressed his forefinger on my nose and lips. This was seen by some of my co-workers. kasi

magkakape

13. Then

pa

again

po

  It kami.” 

on

26

June 2013. It was our Supervisor’s (Ms. Escama) post -birthday celebration party in the Elbow Room in Metrowalk, Ortigas, Pasig City. Ms. Escama rented a VIP room for the celebration. It had a billiards table and a videoke machine. Mr. Reyes was playing billiards and I was sitting on a stool and enjoying my drink with my coworkers. I noticed that whenever it was Mr. Reyes’ turn to play, he would deliberately brush his bottom (puwit)  onto my back. Again, this was seen by my other co-workers. After that, I tried avoiding him for the rest of the night seeing clearly that he was already drunk, that made me even more scared of him despite the presence of other people. 14. Then before heading home, Ms. Escama asked that pictures be taken of the group. It was about three times that whenever a picture was about to be taken, Mr. Reyes would suddenly jump and squeeze himself in the group to be right beside me in order

to press his body another co-worker.

onto

mine.

This

was

noticed

by

15. Lastly, while we were waiting for the company drivers to get the company vehicles that would take us home, suddenly, I felt an arm appeared on my left shoulder. It wrapped me in a sort of a hug and its hands touched my lips up unto my nose. I looked and saw it was Mr. Reyes. At that time, Mrs. Reyes was just standing beside him. I felt really ashamed of what the others, especially Mrs. Reyes, might think of me after witnessing the Respondent’s

unnecessary gesture. I shrugged his arm and hurriedly went inside one of the company vehicles that just arrived. I wanted to shout at that time but I decided not to because I might get myself into trouble with my bosses. 16. Also, on several occasions, the respondent would give me gifts.1  A silver chain bracelet, a silver chained-hearts bracelet, a charm bracelet which he asked their family driver, Kuya Leo, to personally deliver to our house, a wristwatch, and last Valentine’s Day, a box of rose and a teddy bear

which he sent thru a courier service to our house. I had tried giving back his gifts but he had always refused. I did not insist on giving them back because I was afraid he might get angry with me and risk my employment in their company. Aside from the charm bracelet and teddy bear, I have given all his gifts to others because I did not want to use them because he might see such act that I was entertaining his actions toward me. 17. I have told my closest friends of what Mr. Reyes had been doing to me, but I never told anyone in the office, until recently. It is such a small company that I was afraid that Mrs. Reyes would later on find out, then Mr. Reyes would just deny everything to his wife, and consequently, I would be left without a job. So I kept my silence, until now. 1

Attached hereto are machine copies of the pictures of respondent’s gifts to me and marked as Annexes “C to C-4.”

18. I understand that these acts of the respondent Mr. Reyes constitute acts punishable under Section 3(a)(3) of the Anti-Sexual Harassment Act (RA 7877), to wit: SECTION 3.  Work, Education or Training -Related, Sexual . Work, Harassment Defined  education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) xxx

xxx

xxx

(2) xxx

xxx

xxx

(3) The above acts would result in an intimidating, hostile, or offensive environment and for the employee.[Emphasis underscoring supplied] and supported further by jurisprudence that: Yet,

even

Rayala’s

if acts

we

were

strictly

to by

test the

standards set in Section 3, RA 7877, he would still be administratively liable. It is true that this provision calls for a "demand, request or requirement

of a sexual favor." But it is not necessary that the demand, request or requirement of a sexual favor  be articulated in a categorical oral or written statement. It may  be discerned, with equal certitude, from the acts of the offender. Holding and squeezing Domingo’s

shoulders,

running

his

fingers across her neck and tickling her ear, having inappropriate conversations with her, giving her money allegedly for school expenses with a promise of future privileges, and making statements with unmistakable sexual overtones –  all these acts of Rayala resound with deafening clarity the unspoken request for a sexual favor. Likewise,

contrary

to

Rayala’s

claim,  it is not essential that the demand, request or requirement  be made as a condition for continued employment or for  promotion to a higher position. It is enough that the respondent’s acts result in creating an intimidating, hostile or offensive environment for the and employee.[Emphasis 2 underscoring supplied] 19. I am also asking that respondent MJR be held jointly and severally liable with respondent Reyes because when the General Manager, Mrs. Mary Juvy Reyes,

knew

last

28

June

2013

of

her

husband’s

unwelcomed harassing acts toward me, instead of taking action, Mrs. Reyes asked me to turn over the company mobile phone and my set of keys to our office. On 1 July 2013, I asked Mrs. Reyes if I could go back to work but she just replied, “Wag muna Janice, hindi ko  pa kaya.” Up to now, I have not received any advice from either Mrs. Reyes or the respondent Mr. Reyes, on whether I would still be 2

Ma. Lourdes T. Domingo vs. Rogelio I. Rayala, GR Nos. 158700, 155840, 155831, 18 February 2008

required

to

report

for

work.

For

the

company’s

inaction to give redress to my plight, it should be held liable as provided in Section 5 of RA 7877: SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken. [Underscoring supplied] 20. Mr. Reyes’ acts and the sexual insinuations of his text messages rendered me to have sleepless nights, wounded feelings, and serious anxiety especially whenever I was in the office. I found it hard to go to work and lost my enthusiasm in what I was tasked to do because of all these. For all the damages I suffered, I am asking that the respondents be jointly and severally liable for: 19.a. MORAL DAMAGES in HUNDRED FIFTY (Php250,000.00);

the amount THOUSAND

of

TWO PESOS

19.b. To set a good example to the public, EXEMPLARY DAMAGES in the amount of ONE HUNDRED TWENTY-FIVE THOUSAND PESOS (Php125,000.00); 19.c.

Attorney’s

fees

in

the

amount

of

FIFTY

THOUSAND PESOS (Php50,000.00) and, 19.d.

Costs of this suit.

21. I am executing this affidavit to attest to the truth of the foregoing facts and circumstances

and to establish  probable cause  and hereby most respectfully request the Investigating Prosecutor to formally file an INFORMATION  against the Respondents Marvin

Undazan

Reyes

and

MJR

Beauty

Secret

Int’l.

Co., for violation of Sections 3(a)(3) and 5, respectively, of the Anti-Sexual Harassment Act (RA No. 7877) and/or Acts of Lasciviousness, insofar as respondent Mr. Reyes is concerned, punishable under Article 339 of the Revised Penal Code, and any other crime and/or offense in relation thereto. AFFIANT FURTHER SAYETH NAUGHT. ___ JULY 2013, Marikina

City.

JANICE DL. TIAMZON  Affiant

CERTIFICATION

SUBSCRIBED AND SWORN TO BEFORE ME   this ______day of July 2013 at Marikina City, and I hereby certify that I have personally examined the affiant and I am satisfied that she has voluntarily executed and understood her affidavit.

INVESTIGATING PROSECUTOR