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

GEORGE H. MORELLO, JR., Complainant -versusMARIETTA D. ROSARIO, ALEJANDRO A. ROSARIO, JR., J.C. DEL ROSARIO, Respondents. x------------------------x

I.S. No._______________ FOR:VIOLATION OF SECTIONS RA No. 7877

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 corporations 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. On 11 February 2012, I again requested for a meeting in Jaltars 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 Jaltars 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 ba talaga tayo pwede? Me: Sir, pinapahamak nyo 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 Ja, Ja, but I never looked back. 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 oclock midnight and we headed out to the company van to get our bags. The others had gotten theirs first. I was then reaching for a paper bag containing my lunch box when Mr. Reyes suddenly appeared in front of me and said, Sabay na kayo kasi dun naman si Tony dadaan sa bahay, I said, Sir, kay Aldrin na po kami sasabay kasi magkakape pa po kami. It was then when Mr. Reyes suddenly pressed his forefinger on my nose and lips. This was seen by some of my co-workers. 13. Then again on 26 June 2013. It was our Supervisors (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 onto mine. This was noticed by another co-worker. 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 Respondents 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 Valentines 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 respondents 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 Harassment Defined. Work, 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 (2) xxx xxx xxx xxx xxx

(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.[Emphasis and underscoring supplied] and supported further by jurisprudence that: Yet, even if we were to test Rayalas acts strictly by 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 Domingos 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 Rayalas 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 respondents acts result in creating an intimidating, hostile or offensive environment for the employee.[Emphasis and 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 husbands 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 companys 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. Attorneys 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 Intl. 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